General Terms & Conditions

Operator: oneOAK R. Constantin Grau, Alte Landstrasse 116, 8700 Küsnacht, Switzerland, is the operator of the online-shop oneOAK Photography, accessible from www.oneoak-photography.ch.
We offer you the purchase of oneOAK Photography articles on our online shop.
We would like to present our General Terms and Conditions to you below, which we apply to all orders placed by you via our online shop, via email, or in one of our Pop-Up stores.
Parts of these General Terms and Conditions, which should be emphasized, are printed in bold. The latest version of our General Terms and Conditions applies to your purchases on oneOAK Photography on the date of order.
Please note that we may amend or change our Terms and Conditions at any time.
With your order, you are deemed to have accepted our General Terms and Conditions.

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1. CONCLUSION OF CONTRACT

Binding Order: The presentation of services and products advertised in the online shop is only an invitation to place an order. Only by clicking on the displayed confirmation button (e.g., "confirm" or "order") do you place a binding order for the articles on the order page.

Confirmation of Order: We will confirm the receipt of your order promptly by email after the order has been placed. A binding contract is only concluded upon receipt of the order confirmation.

Deadlines: If working days are herein indicated as deadlines, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.

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2. PRICES AND COSTS

Prices: The prices listed in the offer at the time of the order shall apply. The prices quoted are final prices, i.e., they include the applicable statutory value-added tax.

Shipping Costs: Shipping costs will be charged separately.

Price Changes: We reserve the right to change prices at any time. The prices published on the website on the order date are the prices applicable to your order.

Payment Due Date: The purchase price as well as shipping costs incurred become due upon conclusion of the contract, unless otherwise provided in the prevailing version of the General Terms and Conditions.

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3. PAYMENTS

Payment Methods: We only accept the payment methods indicated to you during the ordering process. We reserve the right not to offer certain payment methods for every order and to refer to other payment methods. Please note that we generally only accept payments from accounts in Switzerland and within the European Union (EU). You are responsible for paying possible costs resulting from a money transfer.

Payment by Credit Card: In the case of purchase by credit card, your credit card account will be debited immediately upon conclusion of the contract.

Payments with Invoice: For orders on invoice, a minimum order value of CHF 300 applies. Unless otherwise agreed, invoices are payable within 25 days from the invoice date. We may demand payment in advance without stating reasons.

Late Payment: If your payment is not made within 25 days of the due date, you will be in default. In this case, we reserve the right to charge you a reminder fee in addition to the invoice amount. The outstanding invoice amount (including interest on arrears and dunning fees) can be handed in or sold for the purpose of collection. In addition to the payment of the invoice amount, you are also obliged to reimburse all costs incurred as a result of late payment. Furthermore, we reserve the right to claim damages.

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4. DELIVERIES

Place of Delivery: We will deliver the article(s) you have ordered to the address indicated in the order as soon as possible. If you are not at home, we or our delivery partner have permission to deposit your delivery simply at your front door, or according to your deposit instructions, which you can leave when completing your order.

Part Deliveries: We reserve the right to make part deliveries and/or part-performances of orders at any time, provided that these are reasonable for you. If part deliveries are made by us, we will bear the additional shipping costs.

We will endeavour to process and ship the purchase order within 7 business days of order confirmation. Any dates quoted for delivery of the goods are indicative only. Time for delivery will not be of the essence of the contract, and oneOAK Photography will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.

The Buyer must inspect the goods on delivery and, in the case where goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of goods indicated on that document free from any apparent defect or damage. If the goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.

If the Buyer wrongfully fails to take delivery of the goods, the Seller shall be under no obligation to refund the price. Purchased goods may not be returned to the Seller except as provided in condition 6 below.

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5. RISK OF DAMAGE AND TRANSFER OF GOODS

Risk of damage to or loss of the goods will pass to the Buyer on delivery at the agreed address.

Notwithstanding delivery and the passing of risk in the goods, property in the goods will not pass from the Seller until the Seller has received full payment of the price and all other sums which are due, owing, or payable by the Buyer to the Seller in respect of the contract or any other contract between the Seller and the Buyer.

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5a. OWNERSHIP, HISTORICAL BACKGROUND, AND COPYRIGHT NOTICE

All photographs sold on this website are original physical prints. These prints were acquired from historical archives previously managed by professional photo agencies, including materials obtained from dissolved agencies under official insolvency proceedings. oneOAK Photography acts solely as the distributor of these prints.

Important Notice: All copyright and intellectual property rights remain with the original photographers or their estates. The sale of the physical print does not transfer any rights to reproduce, publish, or otherwise exploit the images.

In the unlikely event of a claim by a rights holder, oneOAK Photography will review the claim in accordance with applicable law. The sale of the print does not automatically require oneOAK Photography to return the physical print, and any action will be taken only if legally necessary. By purchasing, the Buyer acknowledges that they acquire solely the physical print and no additional rights are conferred.

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6. RIGHT OF RETURN AND WITHDRAWAL

We grant you a right of return for a total of 14 days from the receipt of the articles. You can then withdraw from the contract and exchange or refund at your preference by returning the articles within 14 days after receiving the articles (start of the period on the day after receipt of the articles) to us. Timely dispatch is sufficient to meet the deadline. Please do the following:

1. Email contact@oneoak-photography.ch within fourteen days of receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund;

2. Return the goods to oneOAK Photography in the condition it arrived in, via the instructions that we send following your email;

3. All goods must be returned in their original packaging and must be in an unused condition.

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Security Seal Notice: Each print is protected with a security seal. Returns will not be accepted if the seal has been removed, tampered with, or missing, as this may indicate handling or potential alteration of the artwork.

The right of return does not apply to the purchase of (gift) vouchers, insofar as these have already been deposited in your customer account.

oneOAK Photography will process and refund/exchange all returns within 30 days of receiving returned goods from the Buyer.

The costs of shipping for goods to return have to be covered by the Buyer.

Buyers may request to cancel an order within 24 hours of placing the order by emailing contact@oneoak-photography.ch. We will, at our discretion, either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.

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7. VOUCHERS

Redeeming vouchers: Vouchers will only be redeemed for the purchase of our articles - before the completion of the order process - under the conditions indicated on the voucher, but not for the purchase of further vouchers. It is not permitted to sell vouchers.

Remaining credit and difference: If you pay with a voucher, any remaining credit will be credited to your customer account and automatically deducted from your next order. The credit balance of a voucher will neither be paid out in cash nor will interest be charged on it.

Gift vouchers: Gift vouchers are vouchers that you can purchase for your family or friends. They are subject to the same conditions as the vouchers.

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8. DATA PROTECTION

We are responsible for the collection, processing, and use of your data and must ensure compliance with Swiss law and any applicable European law.

We treat your personal data confidentially and in accordance with statutory data protection regulations and our privacy policy.

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9. COPYRIGHT INFRINGEMENT

oneOAK Photography requires our users to respect all copyright laws.

All images displayed on this website are protected by copyright and are intended solely for display purposes. Any reproduction, distribution, or commercial use without explicit written consent from the rights holder is strictly prohibited.

If you believe that your work has been copied or posted on the website in a way that constitutes copyright infringement, please send written notice including:

1. Identification of the copyrighted work claimed to have been infringed;

2. Identification of the material that is claimed to be infringing and information sufficient for us to locate it (URLs recommended);

3. A statement that the complaining party has a good faith belief that use of the material is not authorised;

4. Your contact details.

Send such notice to contact@oneoak-photography.ch. oneOAK Photography will investigate and respond promptly.

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10. GOVERNING LAW AND JURISDICTION

Governing Law: Substantive Swiss law shall apply to all legal transactions or other legal relationships with us. The CISG and any other intergovernmental agreements shall not apply.

Place of Jurisdiction: With regard to consumers, the place of jurisdiction shall be the Swiss domicile of the consumer. For business customers, jurisdiction is at our registered seat, though we may also bring an action at the residence of the customer.