General Terms and Conditions (GTC)

Table of Contents

Effective Date: March 14, 2025

Scope

These General Terms and Conditions (“GTC”) form the basis for all legal transactions between Swissaround Markus Manfredi Photography (hereinafter “Swissaround”) and the contracting party.

These Terms

(1) This website, including all associated mobile applications and all offers and sales of products through the site, is owned by Markus Manfredi Photography and operated by Swissaround.

(2) By entering into a contract, you agree to these General Terms and Conditions (GTC) and accept them as legally binding. The GTC define who Swissaround is, how Swissaround sells products to the contracting party, and what actions the contracting party can take in case of issues.

(3) By accepting the GTC, the contracting party confirms that they are legally capable and have the legal authority to enter into a binding agreement under these terms, use the services, and purchase products. Contracting parties with limited legal capacity require the consent of a parent or legal guardian to use the services or purchase products.

Purchase of Products

(1) The purchase of products is subject to the General Terms and Conditions (GTC) in effect at the time of purchase.

(2) The contracting party is responsible for fully reading the product description before making a  purchase. Placing an order on the site (by completing the payment process via the “Place Binding Order” button or a similar button) may constitute a legally binding contract for the
purchase of the selected product unless these General Terms and Conditions state otherwise.

(3) The contracting party can select products from Swissaround’s product range by clicking the respective button and adding them to the shopping cart. The prices of Swissaround’s products are listed on the site. Swissaround reserves the right to change prices at any time and to correct unintended pricing errors. These changes do not affect the price of products that the contracting party has already purchased.
During checkout, the contracting party is presented with an overview of all products placed in the shopping cart, including the essential characteristics of each product, the total price (including VAT), and any applicable shipping costs. On the payment page, the contracting party has the opportunity to review, modify, remove, or correct the selected products and quantities if necessary. Any input errors can also be identified and corrected using the editing function before placing the final binding order. All specified delivery times apply from the receipt of payment for the purchase price. By clicking the “Place Binding Order” button, the contracting party submits a binding order for the listed products at the stated price and shipping costs. Before completing the order via the “Place Binding Order” button, the General Terms and Conditions must be accepted by checking the corresponding box.

(4) Swissaround will then send the contracting party an order confirmation via email, listing the details of the purchase. The contracting party can print or save this confirmation using the corresponding function. This is an automated notification that only serves as proof that Swissaround has received the order. It does not indicate that Swissaround has accepted the order.

(5) The legally binding agreement for the purchase of the products is only concluded when Swissaround sends the contracting party an acceptance declaration via email or dispatches the products to the contracting party. Swissaround reserves the right not to accept an order.
This does not apply in cases where Swissaround offers a payment method—selected by the contracting party for the order—that initiates an immediate payment transaction upon submission of the order (e.g., electronic transfer or real-time transfer via PayPal, credit and debit cards, Klarna). In such cases, the legally binding agreement is considered concluded when the contracting party initiates the ordering process, as described above, by clicking the “Place Binding Order” button.

Prices, Currencies, and Exchange Rates

(1) The primary currency on swissaround.ch is Swiss Francs (CHF). All prices for customers residing in Switzerland are displayed in CHF and include the applicable Swiss Value Added Tax (VAT), if applicable, in accordance with the Swiss Price Indication Ordinance (PBV).

(2) Customers outside Switzerland will see prices automatically converted to their local currency (e.g., EUR or USD)based on their location. A notification banner informs customers about the automatic currency adjustment. Customers can manually switch back to the default currency CHF at any time via the currency selector on the website.

(3) Prices in foreign currencies are based on current exchange rates, which are updated regularly. Due to market fluctuations, the displayed price in a foreign currency may vary. The final transaction amount will be determined based on the exchange rate valid at the time of purchase. Swissaround is not liable for any differences between the displayed price and the final amount charged due to exchange rate fluctuations.

(4) If the buyer makes a payment in a currency different from the one displayed, their bank or payment provider may apply additional fees or conversion charges. Swissaround has no control over such fees and is not responsible for additional banking costs.

(5) Invoices for customers residing in Switzerland will be issued in CHF. Invoices for international customers will be issued in the currency used at the time of purchase. Any additional taxes or customs duties for international ordersare the responsibility of the buyer.

(6) Swissaround reserves the right to modify prices at any time. Once an order has been placed, the price displayed at the time of purchase is binding. If a price is incorrectly displayed due to technical issues, Swissaround reserves the right to adjust or cancel the transaction.

Storage of Online Payment Information

The contracting party can save a preferred payment method for future transactions. In this case, Swissaround stores this payment information in accordance with applicable industry standards, if available (e.g., PCI DSS). The contracting party can identify their stored card by its last four digits.

Vouchers, Gift Cards, and Other Offers

Swissaround products may occasionally be available with vouchers, gift cards, discounts, or other promotional offers. Such offers are only valid for the period specified in the respective promotion. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without the express written consent of Swissaround.

Refunds & Cancellation Policy for Digital Products

(1) Digital products (including but not limited to e-books, downloadable materials, and digital guides) are excluded from the right of withdrawal once the download or access to the content has been initiated. By purchasing a digital product from Swissaround, the buyer expressly agrees that the right of withdrawal expires upon commencement of the download or access to the digital content.

(2) Refunds are only granted in cases of technical defects that prevent the buyer from accessing the purchased content. In such cases, the buyer must contact Swissaround within 7 days of purchase and provide proof of the technical issue.

(3) No refunds will be issued for:
(a) User dissatisfaction with the content after purchase.
(b) Accidental purchases or failure to read the product description before ordering.
(c) Incompatibility issues with the user’s device, unless explicitly stated in the product requirements.

(4) In the event of an unauthorized charge or fraudulent transaction, buyers must resolve the issue directly with their payment provider before requesting support from Swissaround.

(5) Swissaround reserves the right to modify, update, or discontinue digital products at any time without the obligation to provide refunds for previous purchases.

Membership Account

(1) To access and use certain areas and features of the Swissaround website, the contracting party must first register and create an account. When registering a membership account, the contracting party must provide accurate and complete information.

(2) If a person other than the contracting party accesses the membership account and/or its settings, that person may perform all actions available to the contracting party, such as making changes to the account. Such activities will be assumed to have been carried out on behalf of and with the authorization of the contracting party. The contracting party is solely responsible for any activities performed under their membership account, regardless of whether they were explicitly authorized. The contracting party is liable for all damages, expenses, and losses resulting from such activities. Liability also applies if the contracting party has negligently allowed the use of the membership account by failing to exercise due diligence in protecting their login credentials.

(3) The contracting party may create and access their membership account via a dedicated webpage or through a third-party platform such as Facebook. By signing in with a third-party platform, the contracting party grants Swissaround access to certain personal information stored in their social network account.

(4) Swissaround may temporarily or permanently suspend or restrict the contracting party’s access to the membership account without liability claims from the contracting party if necessary to protect Swissaround, the website, its services, or other users. This may occur, for example, if the contracting party violates these terms, applicable laws, or regulations related to the use of the website or their membership account. Suspension may take place without prior notice if immediate action is required; in such cases, Swissaround will notify the contracting party as soon as possible. Additionally, Swissaround reserves the right to terminate the membership account with two months’ notice via email, for instance, if the membership account program is discontinued. The contracting party may terminate their use and request the deletion of their membership account at any time by contacting Swissaround.

Permitted Use

(1) The services of Swissaround are provided to the contracting party for informational purposes and for private, non-commercial use only. When using the services of Swissaround, the contracting party must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these terms, the following actions are not allowed: (i) Using the services of Swissaround in an unlawful or fraudulent manner (including violating the rights of third parties) or for purposes such as collecting personal data or impersonating other users. (ii) Altering or using Swissaround’s copyright, trademark, or other proprietary notices or interfering with security-related functions of Swissaround’s services. (iii) Using Swissaround’s services in any way to manipulate or falsify content, undermine the integrity and accuracy of content, or take actions that disrupt, damage, or interrupt parts of Swissaround’s services. (iv) Using Swissaround’s services to send, receive, upload/post, or download material that does not comply with Swissaround’s content standards. (v) Using Swissaround’s services to transmit or enable the transmission of unsolicited or unauthorized advertising or promotional material. (vi) Using Swissaround’s services to transmit or upload data containing viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or similar computer codes intended to affect the operation of computer software or hardware. (vii) Using robots, spiders, other automated devices, or manual processes to monitor/copy our site or content within Swissaround’s services or using network monitoring software to determine the architecture of our services or extract usage data from Swissaround’s services. (viii) Engaging in behavior that restricts or prevents other users from using Swissaround’s services. (ix) Using Swissaround’s services for commercial purposes or in connection with a commercial activity without prior written consent from Swissaround. The contracting party agrees to fully cooperate with Swissaround in investigating any activity that is suspected or determined to be in violation of these terms.

Intellectual Property Rights

(1) The services and associated content of Swissaround (including all derivative works or improvements thereof), particularly regarding all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, trade dress, and interactive features, as well as all intellectual property rights related thereto, are either owned by Swissaround or licensed to Swissaround. Unless explicitly stated in these GTC or required by mandatory legal provisions for the use of the services, the contracting party does not acquire any rights, claims, or interests in Swissaround’s intellectual property rights. All rights not expressly granted in these GTC are expressly reserved.

(2) If the products include digital content such as music or videos, the contracting party is granted the rights as specified on the site concerning such content.

(3) The purchase of a digital product (including, but not limited to, e-books, blog content, and downloadable materials) grants the contracting party a non-transferable, single-use license for personal use only. Any reproduction, distribution, public access, sharing with third parties, resale, or modification of these contents is strictly prohibited without prior written consent from Swissaround. Automated extraction (“scraping”) or systematic copying of content is not permitted. Violations of copyright law will be legally pursued.

(4) The automated use, scraping, or systematic extraction of content from this website or any digital products is strictly prohibited. Any use of bots, automated scripts, or other methods to extract, copy, or distribute content without express written permission from Swissaround is a violation of intellectual property rights and will be legally pursued.

Disclaimer of Warranty for the Use of the Site and Services

The services, Swissaround’s intellectual property rights, and all information, materials, and content provided in connection therewith and made freely accessible to users are provided “as is” and “as available” without any warranties of any kind, either express or implied. This includes, but is not limited to, warranties of fitness for a particular purpose, security, reliability, timeliness, accuracy, and performance of our services, except in cases of gross negligence or intentional non-disclosure of defects.

Swissaround does not guarantee that free services will be provided without interruptions or errors or that they will meet the contracting party’s expectations. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for products, as outlined in the section “Product Warranty” above, remains unaffected.

Indemnification

The contracting parties agree to indemnify and hold Swissaround harmless to the extent permitted by law.

Limitation of Liability

To the extent permitted by law, Swissaround disclaims all liability.

Modification of Terms and Services; Discontinuation

Swissaround reserves the right to unilaterally amend the General Terms and Conditions (GTC) to reflect changes in the law, additional features that Swissaround may introduce, or other business developments. If the contracting party uses ongoing services affected by these changes, Swissaround will reasonably consider the legitimate interests of the contracting party. Swissaround will notify the contracting party of such changes in advance.

The changes will be deemed accepted by the contracting party if they do not object within two months of receiving the notification. Swissaround will inform the contracting party of this in the notification. If the contracting party objects to the changes, Swissaround has a special termination right—without further obligations to the contracting party—that becomes effective on the date the changes take effect.

Swissaround may modify services, discontinue the provision of services, terminate one or more functions of the offered services, or restrict the services. Swissaround may also permanently or temporarily terminate or suspend access to its services—without providing reasons and without further obligations. Where feasible, Swissaround will notify the contracting party in advance and appropriately consider their legitimate interests before taking such actions.

Links to Third-Party Websites

The services may contain links that allow the contracting party to leave the site. Unless otherwise stated, the linked websites are not under the control of Swissaround, and Swissaround is not responsible for the content of linked pages, any links contained on such pages, or any changes and updates to those pages.

Swissaround is not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The inclusion of links to other websites does not imply that Swissaround owns or endorses their content.

Applicable Law and Jurisdiction

These terms are governed by and shall be interpreted in accordance with the laws of Switzerland. The place of jurisdiction is the registered office of Swissaround.

Disclaimer & Limitation of Liability for Hiking Blogs & E-Book

(1) The information provided on this website and in digital products by Swissaround (including e-books) is intended solely for general informational purposes. Despite careful research, no guarantee can be given regarding the accuracy, completeness, or timeliness of the information.

(2) Engaging in hikes and following travel recommendations is done at the user’s own risk. Swissaround assume no liability for accidents, injuries, property damage, or any other consequences resulting from the use of this information.

(3) Mountain and hiking tours require an individual assessment of fitness, experience, and equipment. Weather and trail conditions can change unexpectedly. Each person is solely responsible for assessing risks and choosing appropriate gear.

(4) Swissaround assumes no responsibility for the content or accuracy of information on external websites that are linked (e.g., maps, weather services, or third-party hiking information). Likewise, no liability is assumed for the accessibility, safety, or condition of recommended routes.

(5) By purchasing a digital product (e.g., e-book), the buyer acknowledges that the provided information does not replace individual consultation or professional assessment. The use of the provided content is at the buyer’s own responsibility.

(6) Swissaround is not liable for any changes in accessibility, restrictions, or local regulations affecting the recommended locations or routes mentioned in its content. Users are responsible for verifying current conditions, permits, and legal requirements before visiting any destination.

(7) Swissaround assumes no liability for the accuracy or availability of external content linked within blogs or digital products. This particularly applies to Social Media Hotspots, maps, weather reports, or third-party websites.

Miscellaneous

(1) A waiver by Swissaround or the contracting party of any breach or delay under these GTC does not constitute a waiver of any previous or subsequent breaches or delays.

(2) The headings used in these GTC are for ease of understanding only and have no legal significance.

(3) If any provision of these GTC is found to be invalid, the validity of the remaining provisions shall not be affected. If a provision is only partially invalid, the remaining part shall remain valid. The contracting parties shall endeavor to replace an invalid provision with a valid alternative that most closely aligns with the economic intent of the original provision.

(4) Without prior written consent from Swissaround, the contracting party may not assign contractual rights and obligations, in whole or in part.

(5) The provisions of these terms that, by their nature, are intended to survive termination shall remain in effect, particularly those related to indemnifications, disclaimers, limitations of liability, and this “Miscellaneous” section.

Contact

To contact Swissaround, the contracting party may send an email to:

Name: Markus Manfredi
Address: Ueberlandstrasse 301, 8051 Zurich, CH – Switzerland
Email: info@swissaround.ch