General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions (“GTC”) apply to the business activities of lightismagic, Wiesenstrasse 4, 7247 Saas im Prättigau (hereinafter referred to as the “Company”). The Company owns and operates the platforms www.lightismagic.com, www.roger-riedi.ch, and www.rogerriedi.ch and provides paid and unpaid services related to photography, particularly landscape photography.

These GTC apply to the above-mentioned areas as well as to all other services provided directly or indirectly by the Company to the customer.

2. Conclusion of Contract

A contract is concluded when the customer accepts the Company’s offer regarding the purchase of services, products, or licenses.

The contract is also concluded when the customer makes use of the services offered by the Company or purchases or uses products of the Company (license).

3. Prices

Unless otherwise stated, all prices are quoted in Swiss Francs (CHF).

The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.lightismagic.com shall apply. The prices valid at the time of the conclusion of the contract apply to the customer.

4. Payment

Customers are obliged to pay the invoiced amount within 30 days from the invoice date, unless the amount has already been paid during the ordering process via credit card, PayPal, or other payment systems.

If the invoice is not paid within the above payment period, the customer will receive a reminder notice. If the customer fails to pay within the specified reminder period, the customer automatically falls into default. From the date of default, customers owe default interest at a rate of 5%.

5. Obligations of the Company

5.1 Provision of Services

The service includes the services that are or were published online at the time the contract was concluded.

8. Withdrawal

8.1 Services

Both parties have the right to withdraw from the contract at any time. The withdrawing party must fully compensate the other party for any expenses already incurred.

10. Retention of Title

Ownership of the products remains with lightismagic until full payment of the purchase price has been made. Until then, customers may not dispose of the products, in particular they may neither sell, rent out, nor pledge them.

11. Warranty

Lightismagic takes appropriate precautions to protect the operated websites against interference by third parties.

However, it cannot guarantee uninterrupted and trouble-free operation in connection with the services offered, nor can it guarantee that the files are free from viruses. Lightismagic assumes no responsibility for the factual and content-related accuracy, completeness, reliability, or quality of the published or transmitted information and documents. Furthermore, no warranty can be given against spam, malicious software, spyware, hacker attacks, phishing attacks, etc., which may impair the use of the services, damage the customer’s infrastructure (e.g. end devices, PCs), or otherwise cause harm. The Company also cannot guarantee the factual and content-related accuracy, completeness, reliability, or quality of the information and processes provided, published, or transmitted, nor of the work results of the services.

Any defects must be reported to lightismagic immediately. It is up to lightismagic to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. Claims for reimbursement of costs for third-party repairs are excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired element begins anew, while the original warranty period continues for the remaining parts of the product.

12. Liability

Liability for any indirect damages and consequential damages resulting from defects is fully excluded.

13. Intellectual Property Rights

All rights to the products, services, and any trademarks belong to Roger Riedi / lightismagic, or the Company is authorized by the owner to use them.

Any further use, publication, or making available of information, images, texts, or other materials received by the customer in connection with these provisions is prohibited unless explicitly approved by lightismagic.

If the customer uses content, texts, or images on this website for which third parties hold protective rights, the customer must ensure that no third-party rights are infringed.

14. Data Protection

Lightismagic may process and use the data collected during the conclusion of the contract for the fulfillment of obligations arising from the contract. Data necessary for the performance of services may also be passed on to commissioned service partners or other third parties. Furthermore, the applicable data protection regulations apply.

15. Amendments

As a rule, the version of the GTC in force at the time the contract is concluded applies to the customer, unless the customer has agreed to a newer version of the GTC.

18. Confidentiality

Both parties, as well as their assistants and agents, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in effect even after termination of the contract.

19. Force Majeure

If timely fulfillment by lightismagic, its suppliers, or third parties engaged by it becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the Company shall be released from fulfilling the affected obligations for the duration of the force majeure event and for a reasonable start-up period after its end.

20. Applicable Law / Place of Jurisdiction

These GTC are governed by Swiss law. Unless mandatory statutory provisions take precedence, the court at the registered office of lightismagic shall have jurisdiction.