P. Heiniger Design — Einzelfirma / Andermatt Design · Stand: Juni 2025 · Prepared for lawyer review.
These General Terms and Conditions (GTC) apply to all services, projects, and deliverables provided by P. Heiniger Design (Einzelfirma, owner Pascal Heiniger, hereinafter "the Provider") under the brand name Andermatt Design, unless otherwise agreed in writing.
Individual project agreements or offers agreed in writing take precedence over these GTC. The GTC supplement any individual agreement unless expressly replaced.
Deviating terms and conditions of the client do not apply unless expressly accepted in writing by the Provider.
The Provider offers services primarily to businesses (B2B) but also on occasion to private individuals (B2C). Where mandatory consumer protection provisions apply under Swiss law, those provisions take precedence over any conflicting clauses in these GTC.
Right of withdrawal (Swiss clients): Swiss law does not grant consumers a statutory right of withdrawal for online purchases or digital service contracts. No cooling-off period is legally required.
Right of withdrawal (EU clients): If the Provider actively targets EU consumers, EU consumers are entitled to a 14-day right of withdrawal under their home country’s mandatory consumer protection rules (Rome I Regulation). This right cannot be waived in advance by these GTC.
EU Widerrufsbutton (effective June 2026): Where contracts are concluded directly through an automated online interface with EU consumers, EU Directive 2023/2673 mandates a clearly visible electronic withdrawal button. This ensures cancellation is as easy as sign-up.
Information obligations (online contracts): If a contract is concluded through an automated online interface, the Provider must clearly disclose identity and contact details, the technical steps leading to a binding contract, error-correction tools, and send an immediate electronic order confirmation. Email-negotiated contracts: If the contract is negotiated and concluded exclusively by individual email exchange, these strict e-commerce requirements do not apply (Swiss UWG Art. 3 exception).
The Provider offers design and digital services, in particular: visual identity and brand systems, website conception and development, digital tools and booking systems, strategic brand positioning, and related consulting. The exact scope is defined per project in the individual offer.
The Provider reserves the right to commission qualified subcontractors for specific services where appropriate, subject to the same confidentiality obligations.
Offers from the Provider are non-binding until confirmed. A contract is formed upon written confirmation of an offer by the client (email accepted) or upon receipt of the agreed deposit, whichever occurs first.
Verbal agreements and assurances require written confirmation to be binding.
The client undertakes to provide all content, materials, access credentials, approvals, and feedback required for the project in a timely manner. This includes but is not limited to: brand assets, text content, images, technical access (e.g. domain, hosting), and designated contact persons with decision-making authority.
Delays in cooperation by the client may result in corresponding project timeline delays. Additional costs arising from such delays may be invoiced to the client.
Projects are typically structured in phases as defined in the individual offer. The client reviews and approves deliverables at agreed milestones. Feedback should be provided in writing and in consolidated form (one round per milestone, unless otherwise agreed).
The number of included revision rounds per phase is defined in the individual offer. Additional rounds beyond this are considered additional scope and will be quoted separately.
If the client does not respond to a request for feedback or approval within 14 days without prior notice, the deliverable is deemed approved. The Provider reserves the right to invoice the relevant project stage.
Project timelines are agreed per project and are conditional on timely client cooperation (see §5). If the client fails to meet cooperation obligations on time, agreed deadlines may shift accordingly, without liability on the part of the Provider.
In case of force majeure or circumstances beyond the Provider's control, timelines may be extended by mutual written agreement.
Prices are defined in the individual offer and are in Swiss Francs (CHF) unless otherwise stated. P. Heiniger Design is currently not registered for Swiss VAT (MWST) and does not charge VAT. Should VAT registration become applicable in future (statutory threshold: CHF 100,000 revenue per year), this will be communicated and reflected in offers accordingly.
Third-party costs (e.g. fonts, stock images, software licences, domain registrations, hosting, printing) are not included in the project price unless explicitly stated. They are invoiced at cost or arranged directly with the client.
Reasonable expenses (travel, accommodation, printing proofs, etc.) incurred on behalf of the client are invoiced separately at cost, unless agreed otherwise.
Unless otherwise agreed in writing, the following payment structure applies: A deposit (typically 40–50% of the agreed project fee) is due upon contract formation. The remaining balance is due upon delivery of the final agreed deliverables, or at project milestones as specified in the individual offer.
Invoices are due within 30 days of issue unless otherwise agreed. Payment is to be made by bank transfer or the method specified on the invoice.
In the event of default in payment, the Provider reserves the right to: suspend further project work until outstanding amounts are settled; charge default interest in accordance with applicable Swiss law (currently 5% per annum unless otherwise agreed); and initiate debt collection proceedings.
Usage rights for delivered work remain with the Provider until full payment has been received, unless otherwise agreed in writing.
Changes to the agreed project scope, content, or direction requested by the client after commencement of work constitute additional scope and will be quoted and invoiced separately.
The Provider will notify the client of significant additional scope before proceeding. Minor changes within the agreed revision rounds are included.
Either party may terminate the project agreement for good cause with immediate effect in writing. The client may cancel the project at any time; however, work completed to date and any committed third-party costs are invoiced in full, plus a reasonable proportion of the remaining agreed fee as defined in the individual offer or as agreed separately.
Deposits paid are non-refundable unless the Provider cancels the project without cause.
Auftrag vs. Werkvertrag (lawyer note): Under Swiss law (Art. 404 OR), if the project is classified as a “mandate” (Auftrag), either party has an absolutely mandatory right to terminate at any time, which cannot be penalised by AGB clauses. Structuring deliverables as a contract for work and services (Werkvertrag) provides more protection against abrupt cancellations. The applicable classification depends on the nature of the specific project and is confirmed in the individual project agreement.
Upon receipt of full payment, the Provider grants the client a non-exclusive right to use the agreed deliverables for the purposes defined in the project agreement. Transfer of copyright or source/working files is not included unless explicitly agreed in writing.
Third-party assets used in deliverables (fonts, stock images, icons, frameworks, etc.) remain subject to their respective licence terms. The Provider draws attention to relevant licence restrictions but the client is responsible for compliance with third-party licences in their own use.
The Provider retains all rights to preliminary works, concepts, and rejected design options that were not selected for delivery.
The Provider reserves the right to show completed work in portfolio, references, and promotional materials (online and offline), unless the client expressly requests confidentiality in writing before project commencement. The client name, project description, and project images may be shown.
The Provider will remove any reference upon written request from the client if the client provides a valid reason (e.g. confidentiality, rebranding).
Where the Provider sets up or recommends third-party services on behalf of the client (e.g. hosting, payment services, software licences), the client enters into their own agreement with these providers. The Provider is not liable for the performance, pricing changes, or availability of third-party services.
The Provider warrants that deliverables comply with the agreed specifications. Defects must be reported in writing within 14 days of delivery. The Provider will remedy confirmed defects within a reasonable period. Beyond this, warranty claims are excluded to the extent permitted by Swiss law. Mandatory statutory rights for consumers (B2C) remain reserved.
The Provider does not warrant specific commercial results, search engine rankings, conversion rates, or business outcomes arising from design or digital work.
The Provider is fully liable for damages caused by wilful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit). These cannot be excluded or limited under Swiss law (Art. 100 OR). Liability for slight or medium negligence may be limited or excluded to the extent permitted by applicable law.
The Provider is not liable for indirect damages, consequential damages, or loss of profit caused by slight or medium negligence. Total liability per project for such cases is limited to the fees paid under the relevant project agreement.
Basis: Art. 100 OR (Swiss Code of Obligations). Liability caps are void for gross negligence and wilful intent. B2C consumers may be entitled to additional statutory protections.
Both parties undertake to keep confidential any non-public information received in the course of the project. The Provider treats client data, business information, and project details as confidential and does not disclose them to third parties without consent, except as required by law or for project execution (e.g. subcontractors under equivalent confidentiality obligations).
Personal data collected in the course of the contractual relationship is processed in accordance with our privacy policy and applicable Swiss data protection law (nDSG). For details on data processing, processors, and your rights, see our Privacy Policy .
Where P. Heiniger Design processes personal data on behalf of a client within a project, the parties may conclude a separate data processing agreement (DPA/AVV). Such agreement governs, in particular, the purpose, scope, instructions, subprocessors, and security measures of the processing.
These GTC and all contracts concluded on their basis are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For disputes arising from or in connection with these GTC or any project agreement, the place of jurisdiction is the courts of the Canton of Uri, Switzerland (Sitz des Unternehmens im Kanton Uri).
EU consumers — Lugano Convention: If the Provider actively targets EU consumers, Art. 15 of the Lugano Convention grants EU consumers the right to bring proceedings in the courts of their own home country. Any advance jurisdiction waiver in these GTC is void against EU consumers. Mandatory consumer protection provisions of the client's country of residence are reserved in all cases.
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.
The Provider reserves the right to amend these GTC at any time. The version current at the time of contract formation applies.
Andermatt, June 2026.