Terms and Conditions (GTC) – The Tom Cardot Co.
1. Scope and Purpose
These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between The Tom Cardot Co. (hereinafter "the Seller") and any natural or legal person (hereinafter "the Buyer") purchasing digital photographs from the Seller's website. Any purchase implies the unreserved acceptance of these GTC.
2. Products and Delivery
The products offered for sale are high-definition digital files in JPEG format.
Delivery: Delivery is made exclusively via direct download. The download link is made available to the Buyer immediately upon payment confirmation.
Technical Support: The Seller shall not be held liable for download difficulties related to the Buyer's internet connection or hardware incompatibility.
3. Pricing and Payment
Pricing: Prices are listed in Euros (EUR) or Swiss Francs (CHF).
VAT: In accordance with Swiss legislation, VAT is not charged pursuant to Art. 10 para. 2 VAT Act.
Payment: Payments are processed via the secure platform Stripe. No credit card information is stored on the Seller’s servers.
4. No Right of Withdrawal
In accordance with the Swiss Code of Obligations and international e-commerce standards for digital content:
By confirming the order, the Buyer expressly consents to the immediate execution of the contract and formally waives any right of withdrawal or refund once the download has commenced.
5. Limitation of Liability and Indemnity
Use of Images: The Seller disclaims all liability regarding the Buyer’s use of the photographs after purchase. The Buyer is solely responsible for how the images are used and any direct or indirect consequences thereof.
Third-Party Damages: The Seller shall not be held liable if the Buyer’s use of the images infringes upon the rights of third parties or causes moral, commercial, or reputational harm to others.
Data Retention: It is the Buyer’s responsibility to back up their files. The Seller does not guarantee the permanent availability of the download link after the initial purchase.
6. Governing Law and Jurisdiction
These GTC are governed by Swiss Law. In the event of a dispute, the exclusive legal venue shall be the courts of Mendrisio (Ticino), Switzerland.
Photo License Agreement (EULA)
The purchase of a photograph grants the Buyer a personal, non-exclusive, and non-transferable license, subject to the following terms:
1. Authorized Use:
Private and domestic use (home decor printing, digital wallpapers).
Posting on personal, non-commercial social media accounts.
Modifications (cropping, filters, or color retouching).
2. Prohibited Use (Unless prior written consent is obtained):
Commercial Use: Any use for profit-making or commercial activities (business websites, advertising, promotional material, or resale of physical products) is strictly prohibited.
Redistribution: Reselling the digital file, distributing it for free, or making it available on stock image platforms is forbidden.
Artificial Intelligence: The use of "the tom cardot co" 's images for training AI models or machine learning algorithms is strictly prohibited.
3. Photo Credit:
While not contractually mandatory for private use, mentioning the author (@tomcard) when posting publicly is highly appreciated.
Privacy Policy (nLPD / GDPR)
In compliance with the Swiss Federal Act on Data Protection (nLPD) and the GDPR:
Data Collected: Email address and billing information.
Purpose: Processing the order and customer relationship management.
Retention: Data is stored for 1 year following the last transaction, unless a longer period is required for tax or accounting purposes.
Your Rights: You have the right to access, rectify, or delete your data by contacting: contact@thetomcard.com