Cramer + Cramer General Terms and Conditions
B2C General Terms & Conditions (2025.12.06)
These General Terms and Conditions (“Terms”) apply to all sales of goods, commission of works and provision of service agreements between Cramer + Cramer Sàrl (“C+C”) and private consumers (“Customer”).
They govern the formation, content, and performance of contracts for the sale of artworks, design objects, and customised or commissioned works, whether concluded in person, by correspondence, or via C+C’s website or other electronic means.
Any general terms and conditions of the Customer are excluded, even if not expressly rejected. Individual written agreements between C+C and the Customer shall prevail over these Terms.
By placing an order, the Customer acknowledges and accepts these Terms in their current version. C+C reserves the right to amend the Terms at any time; the version in effect at the time of order placement shall apply.
Product and service descriptions, catalogues, brochures, price lists, and online listings are non-binding invitations to place an order and do not constitute legally binding offers.
The Customer’s order constitutes an offer to purchase. A contract is formed only when C+C confirms acceptance in writing (including by email) or by dispatching or delivering the goods or commissioned work.
C+C reserves the right to refuse orders, in particular for limited-editions or made-to-order works, or where payment reliability cannot be verified.
For commissioned works, the scope, concept, and specifications shall be set out in a written confirmation or project brief approved by both parties before work commences.
Warranty for Goods and Commissioned Works
For goods,for which C+C has not explicitly indicated an exclusion of warranty (e.g. heritage, used, refurbished and/or repurposed goods and other items sold “as is” or otherwise)C+C warrants that they are authentic and free from material defects at the time of delivery. Any further warranty, in particular for the long-term condition of the materials or suitability for a particular purpose, is excluded to the extent permitted by law.
For commissioned works, C+C warrants that the work corresponds to the agreed concept, design, and specifications at the time of delivery.
With respect to the goods and commissioned works, C+C shall not be liable for minor variations in colour, form, or surface structure that are inherent to the creative process, or subjective aesthetic preferences or artistic interpretation.
Scope and Duration of Warranty
In the event of a defect, C+C shall, at its discretion, repair the defect, replace the defective item, or refund the purchase price. Slight variations in colour, form, or artistic expression compared with descriptions, images, or sketches do not constitute defects.
The warranty does not cover normal wear and tear, damage caused by improper handling, installation, or use contrary to C+C’s instructions, or modifications made by the Customer or third parties.
The warranty period shall be two (2) years from the date of delivery of the goods or completion of the commissioned work, unless mandatory Swiss law provides a longer period.
The Customer’s mandatory rights under Swiss law, including those arising under Articles 197 et seq. and 367 et seq. of the Swiss Code of Obligations, as well as the Swiss Product Liability Act (PrHG), remain unaffected.
Customer Responsibility
The Customer shall use the Products with due care and in accordance with C+C’s instructions. C+C shall not be liable for damages resulting from misuse, improper installation, or modification of the Products by the Customer or third parties.
This clause does not affect the Customer’s statutory rights under Swiss law, including rights arising from defective goods or works under Articles 197 et seq. and 367 et seq. of the Swiss Code of Obligations or from the Swiss Product Liability Act (PrHG).
Liability
C+C shall be liable for damages caused intentionally (Vorsatz) or through gross negligence (grobeFahrlässigkeit).
C+C’s liability for damages caused by ordinary negligence shall be limited to the foreseeable damages typical for such transactions and shall in no event exceed purchase price of the Products or services concerned. This limitation does not apply to damages caused by wilful misconduct, gross negligence, or to injury to life, body or health, or to statutory warranty rights.
C+C shall not be liable for any indirect or consequential damages, such as loss of profit, loss of enjoyment, or loss of data, except where mandatory Swiss law provides otherwise.
Nothing in these Terms shall exclude or limit the Customer’s statutory rights under Swiss law, including rights arising from defective goods or works under Articles 197 et seq. and 367 et seq. of the Swiss Code of Obligations or from the Swiss Product Liability Act (PrHG), nor any liability for death or personal injury.
C+C processes personal data of the Customer in accordance with the applicable data-protection legislation, in particular the Swiss Federal Data Protection Act (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
The nature, purpose, and scope of the personal data collected and processed in connection with the order, delivery, and customer relationship are described in C+C’s Data Protection Policy, which forms an integral part of these Terms.
The current version of the Data Protection Policy is available on C+C’s website at https://www.philippecramer.com/DataProtectionPolicy or will be provided to the Customer upon request.
By placing an order or entering into a contractual relationship with C+C, the Customer acknowledges having taken note of the Data Protection Policy.
For any questions regarding data protection or the exercise of rights relating to personal data, the Customer may contact C+C at the address or email specified in the Data Protection Policy.
For questions, complaints, warranty claims, or data-protection matters, the Customer may contact C+C at:
Cramer + Cramer Sàrl
Address: 8 rue de la Muse, CH – 1205 Geneva.
Tel.: +41 22 321 48 12
E-mail: info@philippecramer.com
Website: www.philippecramer.com
B2B General Terms & Conditions (2025.12.06)
The Customer acknowledges that all goods and commissioned works (the “Products”) are artistic creations. Their artistic value takes precedence over functional characteristics. Minor deviations in color, form, surface, or artistic expression are inherent to the creative process and do not constitute defects.
Natural variations in materials (e.g., glass, wood, ceramics, metal, stone) are normal. Fading, cracking, patina, or dimensional changes caused by environmental factors such as humidity or light are not defects.
C+C strives to ensure accuracy of descriptions and images, but deviations from catalogues, digital representations, or prototypes shall not give rise to any claim, unless expressly guaranteed in writing.
The Customer shall inspect the goods immediately upon receipt and notify C+C in writing of any defects within five (5) business days of delivery. After this period, the goods are deemed accepted and free from defects.
For commissioned works, the Customer shall confirm acceptance upon completion and delivery. If no written objection is raised within ten (10) days, or if the work is used or installed, it shall be deemed accepted.
The Customer shall indemnify, defend, and hold harmless C+C, its directors, officers, employees, subcontractors, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable legal and professional fees) arising out of or in connection with:
- the installation, handling, use, storage, display, or transportation of any Product after delivery;
- any breach of contract, negligence, or omission by the Customer or its agents, contractors, or employees;
- any third-party claim relating to property damage, personal injury, or other loss arising from or in connection with the Customer’s use of the Products; and
- any unauthorized reproduction, modification, or public presentation of artworks or commissioned works.
This obligation to indemnify and hold harmless shall apply regardless of whether the damage or claim arises on the Customer’s premises or at a third-party site, and whether the work was installed by the Customer, C+C, or a third party acting on the Customer’s behalf.
The Customer’s duty to indemnify does not apply to the extent that the damage was caused by C+C’s willful misconduct or gross negligence.
In the case of commissioned installations, site-specific works, or public artworks (collectively, “Installations”), the Customer assumes full responsibility for the installation environment and related safety conditions.
The Customer shall indemnify, defend, and hold harmless C+C, its affiliates, officers, employees, subcontractors, and agents against all claims, liabilities, damages, and costs (including legal fees) arising out of or in connection with:
- the installation, assembly, anchoring, or structural integration of any Installation on or within a building, landscape, or public space;
- accidents, injuries, or property damage occurring during or after installation, including due to environmental exposure, public interaction, or insufficient maintenance;
- permits, safety certifications, or municipal approvals required for the Installation; and
- any third-party claims brought by property owners, contractors, visitors, or public authorities relating to the Installation.
The Customer is solely responsible for:
- ensuring that site conditions, foundations, fixtures, and environmental factors are suitable for the Installation;
- securing and maintaining adequate insurance coverage (including general liability and property insurance) for installation, public display, and ongoing maintenance; and
- ensuring that any third-party installers, engineers, or contractors act in full compliance with applicable safety, construction, and public-law regulations.
C+C shall not be liable for any damage, loss, or injury arising from on-site activities, structural failure, vandalism, weather exposure, or interaction with the public, except in cases of willful misconduct or gross negligence.
The Customer’s indemnification obligations shall survive delivery, acceptance, and installation, and remain in force for the duration of the Installation’s presence at the site.
C+C processes business partner data in compliance with the Swiss Federal Data Protection Act (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in C+C’s Data Protection Policy available on its website at https://www.philippecramer.com/DataProtectionPolicy.
By placing an order or entering into a contractual relationship with C+C, the Customer acknowledges having taken note of the Data Protection Policy.
For any questions regarding data protection or the exercise of rights relating to personal data, the Customer may contact C+C at the address or email specified in the Data Protection Policy.
Cramer + Cramer Sàrl
Address: 8 rue de la Muse, CH – 1205 Geneva.
Tel.: +41 22 321 48 12
E-mail: info@philippecramer.com
Website: https://www.philippecramer.com
