Terms of Service
1. Applicability & Governing Conditions
These Terms of Sale govern all purchases of images, prints, canvases, digital media, imaging services, and related Products via the Studio’s online store. They cannot be modified by purchase orders, emails or informal agreements—only a written, signed amendment between the customer and the Studio may change them. In case of conflict with the Terms of Use, these Terms prevail.
2. Manufacture & Fulfilment by Third Parties
The Studio arranges for Products to be manufactured, printed, and delivered by qualified third-party vendors. The Studio’s role is exclusively coordination; all manufacturing and shipping obligations rest with those vendors.
3. Pricing, Payment & Applicable Taxes
The customer must provide valid payment information. Inability to process payment gives the Studio the right to cancel the order.
The customer agrees to reimburse the Studio for any collection-related expenses including attorney fees and agency costs.
The customer is responsible for any applicable taxes such as Swiss VAT (currently 8.1% standard, 2.6% reduced). If not collected at time of transaction, the customer remains liable. The Studio may collect taxes before or after purchase confirmation.
4. Digital Downloads & Physical Delivery
Digital downloads (e.g. photo files, presets) are provided once—customers must save them. Expired links may be reactivated only upon written request.
Physical Products are shipped within the estimated window using reasonable commercial efforts. The Studio is not liable for delays, carrier substitutions, or shipping errors. Any additional shipping cost beyond checkout estimate will be communicated prior to final fulfilment; the customer may cancel if higher than expected.
5. Return & Refund Policy
Switzerland provides no statutory right of withdrawal. The Studio offers return rights voluntarily.
Physical Products: may be returned within 15 days of delivery only for manufacturing defects. Return shipping costs are borne by the customer. If accepted, replacements or refunds (minus shipping) may be issued. Dissatisfaction over print color, media or size is excluded. Damage during transit must be reported immediately with photographic evidence.
Digital Products: refunds may be granted within 15 days of delivery, at the Studio’s sole discretion. Requests should be sent to info@maurocantamessi.ch.
6. Exchange Policy
Exchanges are not accepted. If a wrong product or size is ordered, the customer bears responsibility. If a mistake is detected before fulfilment, the Studio may offer correction or refund, provided the customer notifies promptly.
7. Product Availability & Errors
The Studio may alter or discontinue Products at any time. If ordered Products become unavailable, customers will be offered refund or replacement.
Descriptions, dimensions, pricing, and colors are approximate and may differ slightly in reality.
8. Warranty & Limitation of Liability
All orders may be returned within 30 days for manufacturing defects only—this is the Studio’s exclusive liability, excluding implied warranties.
Non-limited edition prints: 30-day warranty against defects.
Limited edition prints: 1-year warranty covering fading, discoloration or delamination. Excludes misuse, environmental damage, or improper care. Transfer invalidates the warranty except when declared as a gift. Claims require proof of purchase and identification; shipping costs apply.
Merchandise (apparel/home goods): defects may be replaced at Studio’s expense; customer covers all return/reshipment shipping costs.
The Studio disclaims liability for indirect or consequential damages; maximum liability is capped at the purchase price paid.
9. Data Protection & Customer Rights
The Studio processes personal data in compliance with the Swiss Federal Act on Data Protection (nFADP, effective since 1 September 2023), the previous DSG, and the EU GDPR where applicable (Switzerland benefits from an adequacy decision).
Digital images are considered personal data under GDPR when they enable identification. The Studio relies on legitimate interests as the legal basis for capturing images at events—unless consent is otherwise required or formal permission is managed by an organizer.
Customers have rights to access, rectify, delete their personal data, or request image removal. Requests should be addressed to info@maurocantamessi.ch.
10. Image Rights & Licensing
Photographs created by the Studio are protected by Swiss copyright and personality rights. Unauthorized use—even watermark-free—is prohibited.
By purchasing, the customer receives a personal, non-exclusive licence for specified uses. All other rights remain with the Studio.
11. Applicable Law & Jurisdiction
These Terms are governed by Swiss law. Disputes may be settled either at the customer’s place of domicile or at the Studio’s registered office in Ticino.