General Terms and Conditions of WAND AG
Date: März 2026
A: Design and art projects
1. Purpose and scope of application
1.1 These General Terms and Conditions ("GTC") govern the legal relationship between WAND AG ("WAND") and its clients ("Client") for all services in the area of artistic and design projects (temporary and permanent) offered by WAND, in particular
- Wall and façade designs;
- Area and room design;
- artistic interventions (art in architecture);
- all related services and deliveries such as design/concept services, visualizations, workshops and the like.
1.2 Agreements that deviate from or supplement these GTC are only binding if they have been agreed in writing (including by e-mail).
1.3 The Client's general terms and conditions shall not apply, even if WAND does not expressly object to them. These GTC shall take precedence in all cases.
1.4 These GTC shall apply to all present and future legal relationships between WAND and the Client.
2. Terms / definitions
2.1 Work: The artistic and creative result created by WAND (e.g. mural, artistic intervention, area concept, lettering, design).
2.2 Design: Includes all preliminary stages of the work such as concepts, sketches, mockups, visualizations, variants, mood boards, material and color concepts.
2.3 Project: The entirety of all agreed services up to completion.
2.4 Working area: The area used by WAND including protective/covering surfaces.
3. Conclusion of contract and contract components
3.1 A contract between WAND and the Client is concluded by either
- the Client's written declaration of intent (declaration of acceptance) to accept WAND's offer; a declaration by e-mail or messenger shall also suffice as a written declaration; or
- the conclusion of a contract for work and services signed by both parties; or
- the start of the execution work by WAND.
After receipt of the declaration of acceptance, WAND shall issue an order confirmation to confirm the content of the concluded contract or WAND shall send a contract for work and services to the client for signature. It is at the discretion of WAND and depends on the specific amount of the contract for work and services whether a written contract for work and services is concluded or whether the declaration of acceptance by the client is sufficient for the conclusion of the contract.
3.2 Contractual components are in the following order of priority:
- individual agreement (according to offer/declaration of acceptance or written contract for work),
- any specific service descriptions or other enclosures to the offer;
- these GTC and the additional GTC for certain projects (hereinafter Part B)
In the event of contradictions between individual parts of the contract, the higher-ranking document shall take precedence over subsequent documents. In the event of contradictions between documents of the same rank, the more recent document shall take precedence over the older one.
3.3 There are no verbal collateral agreements.
4. Scope of services, involvement of third parties, artistic freedom,
4.1 The services to be provided by WAND are defined in the offer (including enclosures).
4.2 WAND undertakes to have the services performed under its personal direction. WAND shall be entitled to have parts of the service, in particular the creative service and the execution of the work, performed by carefully selected artists and designers and their assistants or by other specialized subcontractors.
4.3 WAND shall provide artistic and design services. Drafts serve to illustrate the final work. The work shall be realized on the basis of these drafts in the agreed style, theme and quality framework, but with artistic freedom of design.
4.4 Depending on the substrate, light, weather, material and technique, deviations may occur when comparing drafts with the final execution. Such creative and aesthetic deviations that do not significantly impair the overall impression of the work and its meaning, such as deviations in color and hue, gloss, structure, proportions, expression or level of detail, shall not be considered defects and shall not give rise to any warranty obligations on the part of WAND.
5. Correction rounds, release
5.1 Unless otherwise agreed, an offer includes the agreed draft and correction rounds. Further correction rounds or additional variants requested by the client will be charged additionally.
5.2 The design shall be deemed approved upon written release of the design (including "OK" or similar declarations of intent by e-mail/message). Changes thereafter are considered additional services and will be charged additionally
5.3 The copyright and physical ownership of designs shall remain with WAND and they may not be published, used in any other way or passed on to third parties without WAND's consent. Design documents may not be implemented or reused by the Client or third parties without WAND's consent.
6. Dates, weather, force majeure
6.1 Deadlines are always target deadlines, unless they have been expressly agreed as fixed deadlines. WAND shall inform the client in the event of foreseeable delays.
6.2 Outdoor work is dependent on the weather. WAND is entitled to postpone work in the event of unsuitable conditions. This shall not give rise to any claims for damages on the part of the Client, even if fixed deadlines are exceeded. WAND shall, however, make every effort to make up for delays caused by weather conditions in order to meet the fixed deadline.
6.3 Events beyond the control of WAND (force majeure) shall entitle WAND to postpone all deadlines until the end of the triggering event and to temporarily suspend work without this giving rise to any claims on the part of the Client. Force majeure includes, in particular, war, natural disasters, official orders, closures, strikes, supply bottlenecks, pandemics, epidemics or accidents involving key personnel).
6.4 In the event of delays for which the Client is responsible (e.g. late approvals, lack of information, lack of access to the building site), deadlines shall be automatically extended to the extent of the delay for which the Client is responsible; any additional costs incurred as a result may be charged additionally by WAND.
7. Surfaces, substrate, technical requirements
7.1 Depending on the project, areas may be provided by WAND, by the Client or by third parties (e.g. APG/partner, owner, site operator). The responsibilities and areas of responsibility are set out in the offer or the contract for work.
7.2 If a building permit, in particular an advertising permit, or other third-party approvals are required for the realization of the work, the client shall be responsible for obtaining these:
- WALL for their own walls and/or walls rented from third parties;
- the client in the case of walls that he makes available for the project as tenant and/or owner.
7.3 WAND only assesses the substrate visually. A structural examination (e.g. moisture measurement, adhesive tension test, layer analysis) is not owed unless it has been expressly agreed.
7.4 WAND shall not be liable for defects and damage caused by hidden substrate problems or building physics (e.g. moisture, salt efflorescence, cracking, substrate movement, existing unsuitable coatings).
7.5 Necessary preparatory work, in particular cleaning, priming, repairs, scaffolding/lifting platform set-up, etc. are either included in the quotation or are offered as an additional service against separate payment.
8. Access, security, operation
8.1 The client shall ensure the agreed access to the wall provided by him (access, key, contact person, time slot).
8.2 Noise, odors, dust and temporary restrictions may occur during the work. This shall not give rise to any claims for damages against WAND and the client shall indemnify WAND in full against any claims for damages by third parties, in particular neighbors.
8.3 Safety distances and safety-related instructions issued by WAND or the authorities must be complied with at all times. For special safety requirements (public traffic, night work, closures, additional barriers, security), the following applies: Necessary and/or officially prescribed measures will be defined on a project-specific basis and invoiced separately by WAND.
9. Order changes, additional services
9.1 Changes after approval of the draft in accordance with Clause 5.3, changes to the scope of services, additional areas or further extensions to the order, in particular additional correction rounds and variants or acceleration measures, are additional services and shall be agreed and invoiced additionally after prior submission of an offer by WAND. In the case of urgency or for other reasons which make a separate quotation appear disproportionate, WAND can also carry out the additional services without prior quotation. In such cases, the additional remuneration shall also be owed in principle.
9.2 Where possible, WAND shall inform the client in advance of any significant additional costs and, where reasonable, obtain prior express approval. In urgent cases, WAND may also take necessary measures without prior approval and subsequently charge for these.
10. Acceptance, defects, rectification
10.1 WAND shall notify the Client of the completion of the work. After completion, acceptance by the client shall take place within a reasonable period of time, either jointly on site or by means of photo documentation, depending on the project and agreement.
10.2 Obvious defects must be reported in writing within five (5) calendar days of acceptance. If the complaint is not made in due time, the work shall be deemed to have been accepted and approved. Hidden defects must be reported within five (5) calendar days of discovery.
10.3 In the event of a justified complaint, WAND shall have the right to rectify the defect free of charge within a reasonable period of time. Further claims, in particular for rescission, reduction in price and compensation for consequential damage, shall be excluded to the extent permitted by law.
10.4 The deviations mentioned in Clause 4.4 do not constitute defects. Natural ageing, fading due to UV, patina, soiling, weathering and wear and tear are also not defects.
10.5 The limitation period for claims for defects is 5 years for immovable works and 2 years from acceptance for movable works.
11. Prices, expenses, terms of payment
11.1 The price stated in the offer shall be deemed to be a lump sum (fixed price). Prices are always quoted in Swiss francs (CHF).
11.2 Expenses (travel, parking fees, accommodation, meals, special requests for materials, external services, etc.) shall be charged in accordance with the offer or according to actual expenditure.
11.3 Unless otherwise agreed, the following due dates shall apply: 50% down payment when the order is placed, final payment after acceptance. The payment period is 10 days net from the invoice date.
11.4 In the event of late payment, WAND shall be entitled to suspend work and to charge default interest of 5% p.a. and reminder fees (CHF 25.- per reminder).
12. Cancellation, project interruption
12.1 Unless otherwise agreed, the following cost consequences shall apply in the event of cancellation by the client:
- Cancellation after order placement: 50% of the agreed order value.
- Cancellation during implementation: 100% of the agreed order value.
In the event of cancellation during implementation, WAND shall be expressly released from all consequential costs, dismantling obligations and the restoration of the original condition.
12.2 If a project is interrupted or postponed for reasons for which the Client is responsible, WAND shall be entitled to invoice immediately for services already rendered; additional restart/set-up costs may be invoiced separately as additional expenses. WAND reserves the right to make further additional claims due to disruptions.
13. Copyright, rights of use, references
13.1 WAND warrants that the work it has designed does not infringe any third-party rights, in particular copyrights or personal rights.
13.2 The copyright (rights of use and moral rights) to the work and to all parts, sketches, drafts, visualizations and concepts shall remain with WAND (or the artists involved), subject to the subsequent granting of rights of use.
13.3 WAND shall grant the Client the exclusive right to exhibit the work at the agreed location and for the agreed purpose. Any further use of the work or images thereof, in particular commercial use, such as reproduction, distribution, granting of image rights to third parties or use for merchandising, requires prior written agreement with WAND.
13.4 For advertising services: After full payment, the Client shall additionally receive an exclusive right of use for the agreed duration of the campaign to use the work in its own corporate communications (social media, website, own advertising and marketing materials). Any further use requires a prior written agreement with WAND.
13.5 WAND is entitled to document the project (including the development process) and to use it for reference and marketing purposes (website, social media, portfolio, press). Persons shall only be published in a recognizable manner with express consent. With
13.6 Attribution: WAND and the artist commissioned by WAND shall have the right to be named (or to use an artist's name) on the finished work and in all communication about it, or to decide explicitly not to be named. The removal of signatures or references to authorship is not permitted.
13.7 If the Client provides content (logos, texts, claims, images, trademarks, hereinafter "Content") for a project, he shall ensure that he owns or has licensed the necessary rights, in particular copyrights, trademark rights or personal rights to this Content and that WAND may use this Content for the project.
13.8 Should WAND be confronted by third parties with claims of any kind due to the contractual use of the content provided by the Client, in particular due to infringement of copyrights, trademark rights, personal rights or other intellectual property rights, the Client undertakes to indemnify WAND against such claims:
- WAND from all resulting claims, demands, lawsuits, judgments and legal costs in full;
- WAND shall reimburse all costs incurred by WAND in the defense against such claims, including reasonable attorneys' fees, court costs and other expenses;
- to compensate WAND for any further proven damage incurred by WAND as a result of claims by third parties.
14 Confidentiality & data protection
14.1 Both parties shall treat non-public project information, conditions and other business secrets of the other party confidentially and use them exclusively for the fulfillment of the contract. This confidentiality obligation shall continue even after the end of the contract.
14.2 WAND processes personal data for the purpose of preparing offers, processing contracts and customer care, in accordance with the Swiss Data Protection Act (DPA). Further information on data processing can be found in WAND's privacy policy at wand-ag.ch.
15. Limitation of liability
15.1 To the extent permitted by law, WAND shall only be liable for damages caused by itself or its auxiliary persons through intent or gross negligence. Liability for damages caused by slight negligence is excluded.
15.2 Liability for indirect damages such as, in particular, consequential damages, consequential harm caused by a defect, loss of profit, loss of sales or goodwill is excluded to the extent permitted by law.
15.3 Furthermore, WAND shall not be liable for damage caused by the Client providing incorrect or incomplete information about the subsoil, the location or the permits required for the project.
16. Final provisions
16.1 Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that complies with the law and comes closest to the economic purpose of the original provision.
16.2 Swiss law shall apply to the exclusion of the norms of international private law (IPRG) and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for disputes arising from or in connection with the contract between WAND and the Client shall be the registered office of WAND.
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B: Additional conditions for temporary projects (advertising, campaigns)
These GTC supplementary conditions apply to advertising designs, campaigns and temporary use of space if they have been declared applicable in the offer.
1. Campaign duration / term
1.1 Advertising designs are created for an agreed campaign duration ("term").
The data according to the order confirmation or contract for work are decisive
1.2 The remuneration relates to the period of use during the term, not to the permanent existence of the work.
2. Repainting / removal after expiry
2.1 After expiry of the term, WAND shall be entitled to paint over, replace or remove the design at any time without consulting the Client.
2.2 The client has no claim to receipt, restoration, extension, replacement space or compensation after expiry of the term.
2.3 If the space is available, an extension is only possible on the basis of a written agreement.
3. Visibility / influences at the location
Visibility may be impaired during the term due to circumstances at the location, such as construction sites, traffic situations, closures, pollution, weather or other factors beyond WAND's control. Such restrictions do not constitute a defect or poor performance and do not justify a refund or compensation.
4. Availability of space / third-party space
4.1 Areas may be owned or controlled by third parties (e.g. APG/partners, owners, site operators).
4.2 If the third party changes the availability or the conditions (closure, conversion, change of use) during the term, an adjustment or relocation of the project may become necessary. In such cases, WAND shall make every effort to find a practicable alternative solution; no further claims, in particular claims for damages, shall exist.
5. Permits and conditions
5.1 Location and official requirements may influence the content, size, timeframe or implementation.
5.2 If adjustments are required, these shall be deemed to be project changes; additional costs shall be charged additionally.
6. Dismantling / condition after campaign
Removal is carried out in the best possible technical manner. The color and structure of the substrate may differ from the condition before the start of the campaign (e.g. aging, soiling, UV, different layers of paint). The client has no claim to exact restoration of the original condition.
7. Content, trademarks, legal certainty
7.1 The client guarantees that advertising content is legally permissible, in particular that it does not violate advertising regulations, the protection of minors or fair trading law and that it does not infringe any third-party rights, in particular copyrights, trademark rights and personal rights.
7.2 The Client shall indemnify WAND in full against any third-party claims resulting from the advertising content supplied by the Client (including reasonable legal costs).
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C: Additional conditions for permanent projects / art in architecture
These GTC supplementary conditions apply to long-term/permanent designs (permanent projects / art in architecture) if they have been declared applicable in the offer.
1. Durability of the work
The work is intended as a long-term project and is technically designed accordingly. However, unlimited durability cannot be guaranteed due to material ageing, UV radiation, the effects of weather, damage caused by vandalism and natural wear and tear.
2. Maintenance
2.1 The ongoing maintenance of the work (cleaning, structural maintenance, protection against moisture, façade care) is the responsibility of the Client. WAND must be consulted in advance in the event of repairs to damage to the work that affects the individual character of the work.
2.2 Maintenance and cleaning methods must be gentle on the material; aggressive agents (e.g. high-pressure, chemical cleaners) can damage the work and do not justify any claims against WAND.
3. Protection
3.1 Protective coatings or sealants (e.g. UV/anti-graffiti protection) must be expressly agreed, if desired. Without an agreement, there is no entitlement to a protection system.
3.2 Even with protection systems, vandalism or damage by third parties cannot be prevented; restoration of the work must be ordered from WAND and shall only be carried out against separate payment.
4. Changes to the building / interventions by third parties
4.1 Conversions, insulation, scaffolding, renovations, wiring work, lettering or other interventions on the support of the work may impair or destroy the work.
4.2 WAND shall not be liable for damage or changes caused by third parties or by construction measures after completion of the work.
4.3 Any restoration or adaptation of the work must be ordered from WAND and shall only be carried out against separate payment.
5. Removal by owner
5.1 As the owner, the Client may remove the work at any time, e.g. paint over the entire surface and/or destroy it in any other way. WAND or the artist waives the assertion of rights pursuant to Art. 15 CopA. However, the owner is prohibited from making any creative changes to the work which would impair the individual character of the work and is only possible with the prior consent of WAND.
5.2 The Client undertakes to inform WAND in writing before removing the work.