Terms of service

General Terms and Conditions

Applicability of General Terms and Conditions and contract conclusion

These General Terms and Conditions (GTC) shall apply to contracts of sale with private customers and companies, concluded via the provider’s website.
The order shall be confirmed by the provider. The contract will be concluded upon receipt of the confirmation by the purchaser. Where no confirmation is issued within five working days of the provider’s receipt of the order the purchaser shall regard the order as rejected and shall be entitled to enter into contract with a different supplier.
Orders shall be processed in the order in which they were received.
The use of and risk in the item of purchase shall transfer to the purchaser upon conclusion of the contract of sale.
Ownership of the goods shall transfer to the purchaser only upon handover to the same.
Images are only intended as guidance for potential purchasers; they are not publications in terms of copyright law. All rights to texts and images are reserved to the copyright holders.

Prices and special offers

Prices are quoted in CHF, USD, Pounds and Euros. VAT is included. Administration charges and postage and packaging are excluded.
The provider reserves the right to change prices at any time. Fur the customers’ purposes, the prices published on the website on the date of ordering shall apply.
The terms and conditions for promotions and discounts may be viewed in the appropriate information sections.

Terms and conditions of delivery

Delivery shall take place as quickly as possible. Customers may view the delivery status at any time. Where a customer does not receive the goods within seven days and no information is provided within this time the customer shall be entitled to cancel the order.

Rights of cancellation and withdrawal

Customers may cancel the contract of sale within 15 days without stating reasons and without penalty. The 15-day period starts on the day following the day on which the goods are received. The cancellation deadline shall be deemed to have been met if the cancellation notice or the goods are sent in time. The customer may return any goods already delivered, at his own cost. Any payments rendered shall be returned by the provider free of charge.
Where a customer retracts from the purchase due to late delivery, defects in the goods or other reasons for which the provider is responsible the provider shall refund any payments made and reimburse the cost of return shipping.

Liability and guarantee

The provider guarantees indefinitely the authenticity of the handwriting and all warranted characteristics of the goods, the absence of any defects impairing their value or suitability for the intended purpose, and compliance of the goods with the prescribed services and specifications.
No liability is accepted for typographical mistakes.
The purchaser shall inspect the goods as soon as possible and report any defects immediately. Rendering payment shall not be deemed a waiver of notifying a defect.
Where a defect exists the purchaser may, at his discretion, either deduct an amount from the price which corresponds to the loss in value, or withdraw from the contract. The purchaser’s right to claim damages is reserved in all cases.

Payment

The following payment methods are available, at the purchaser’s discretion:

Customers may provide their credit card number. All common credit cards are accepted. Cards will be charged on the day of dispatch of the goods.
Customers may pay the purchase price by bank transfer. In this case, the goods will be dispatched following receipt of payment by the provider.
Regular customers may pay by invoice. The payment term for payment upon invoice shall be 10 days net after receipt of the invoice.

The provider will send out a maximum of two reminders in the event of late payment. A fee of 10 CHF shall be charged for the second reminder. In the event of non-payment after the second reminder debt enforcement measures will be taken. In addition, 5% default interest shall be charged in the event of late payment. The parties shall remain entitled to claim for damages.
Liability for online connections

The provider undertakes to maintain systems, programmes, etc. which he owns and over which he has control in accordance with current state-of-the-art security and the rules of data protection.
Customers shall be responsible for the security of systems, programmes and data which are within their area of control. In their own interest, it is recommended that customers keep passwords and user names secret from third parties.
The provider shall not be liable for defects and malfunctions for which he is not responsible, in particular for security defects and operational shortages of third-party companies with whom he works and on whom he depends.
Furthermore, the provider shall not be liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, strain due to excessive use, unsuitable operating materials of the customer or third parties, extreme environmental influences, interference by the customer or disturbance by third parties (viruses, worms, etc.) which occur in spite of the necessary up-to-date security measures.

Choice of law and place of jurisdiction

These GTC shall be governed by Swiss law, specifically the provisions of the Swiss Code of Obligations (OR).
The place of jurisdiction shall be the provider’s registered seat.

Markus Brandes Autographs fully recognises and respects the rights of copyright owners within photography. We are in the business of selling celebrity autographs (not photographs) and much of the website is devoted to customers for historical pleasure, reference and educational purposes. We do not seek to financially gain by the use of and do not ever knowingly or intentionally use copyrighted images on our website without (whenever possible) firstly obtaining the permission of the owners. All images used within the overall design of the website itself have been purchased. All celebrity images used within our autograph display presentations are supplied to our customers free of charge, are not permanently fixed and can be easily removed by ourselves (or the client) in less than 30 seconds if required. All these images have been purchased from third-party photo dealers and sellers easily found at various National Memorabilia Fairs / Ebay / Press-Agencies / Celebrity Agents and auctions. None have ever originated, been printed or reproduced by ourselves. To the best of our knowledge all the celebrity images we have purchased have been supplied to us in good faith and are copyright / royalty free. We are simply a small business very consciously trying to operate responsibly within the correct boundaries / rules, so if you are an original owner believing any image used on the Markus Brandes Autographs website is in breach of copyright, please do contact me and it will out of respect be removed immediately.

A) PHOTOGRAPHS ON BRANDESAUTOGRAPHS WEBSITE

Markus Brandes Autographs recognises and fully respects the rights of copyright within photography. Where photographs have been obtained , given or purchased by us that do carry copyright detail we will ensure that this information remains in place on the photographs themselves.

All photographs supplied within our display mounts are given to our customers free of charge WITHOUT ANY CLAIM to or sale of the images copyright included. Markus Brandes Autographs are not responsible for any subsequent usage by any future owner as this may not be permitted without their first seeking the permission of the original copyright owner. We would strongly advise any visual media and TV companies looking to show our autographed display mounts within any live programming to do their own copyright research.

Any usage / display of copyrighted images or logos within our website is "completely accidental and wholly unintentional". All reasonable attempts have been made to research and "try to ensure" that copyrights have not been broken. No images on the website show any watermarking or coding and all have been bought in this form. All have been purchased from sellers as quality prints and have also not ever been altered, printed or reproduced by ourselves.

All images utilised on the Markus Brandes Autographs website have been purchased from registered third parties and are not reproduced.

All products sold via the Markus Brandes Autographs website are for our customers personal use only.

As specialist autograph dealer Markus Brandes Autographs are NOT in the business of selling photographs. All the images / photographs contained within these display mounts are given to the autograph buyer / customer completely free of charge, are not permanently fixed and can be easily removed (within 30 seconds) by ourselves or the client if required. Markus Brandes Autographs receive no actual financial benefit or renumeration from their supply.

Markus Brandes Autographs purposely avoids the use of photographs and images of “current celebrities” wherever possible , in order to preserve the rights of the individual concerned. Current celebrities and photographers will in most cases be rightly protected by copyright and image rights and we would not ever knowingly wish to court the disapproval of any of these persons.

Markus Brandes Autographs does its best to research and seek the potential owners of copyright on all photographs used on our website but this is often extremely difficult and time consuming. We would never knowingly breach any possible rights of ownership to a celebrity or their photographer. We welcome the contact of any individual concerned in relation to these difficult issues. “PLEASE PLEASE” first contact us at shop@brandesautographs.com if you think we are breaching any copyrights and we will gladly unconditionally immediately remove any offending image from our website.