1.1 The following General Terms and Conditions apply to all contracts, deliveries and other services provided by printolino GmbH (hereinafter: printolino) to its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply.

1.2 printolino shall only recognise deviating terms and conditions of the customer if this has been expressly agreed in writing. All ancillary agreements require express written confirmation by printolino.

1.3 The business relationship between printolino and its customers is governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention" SR 0.222.122.3).

2.1 printolino offers its customers the non-binding opportunity to order goods or use services on its website.

2.2 By submitting the online form on the printolino website or by placing an order by telephone, post or email, the customer submits a binding offer to conclude a contract. The customer is legally bound until the order is dispatched or requested for collection or until printolino rejects the order.

2.3 The order confirmation will be sent as quickly as possible by email to the email address provided by the customer or confirmed at the start of order fulfilment.

2.4 printolino reserves the right to reject orders if the processing of the order could infringe the rights of third parties or violate the law, as well as orders that printolino deems pointless or if the customer is known to be unworthy of credit. printolino will inform the customer of the order rejection by e-mail or telephone in this case.

3.1 The customer is solely responsible for the content of the transmitted image files.

3.2 All orders, files or image data transmitted to printolino for the printing of images and posters are subject to the customer holding the necessary copyrights, trademark rights or other rights. printolino points out that third parties may assert substantial claims for damages against customers in the event of infringing content. The customer is liable for all consequences arising from an infringement of the aforementioned rights and indemnifies printolino from any liability and costs in the event of a claim by a third party.

3.3 By placing the order, the customer warrants in particular that the content of the transmitted image files does not violate criminal law; no illegal templates, materials or content that glorify violence, incite hatred or racism, propaganda material, symbols of unconstitutional parties or their substitute organisations or instructions to commit criminal offences; pornographic templates, materials or content which are the subject of sexual abuse of children or sexual acts with animals and also no discriminatory statements or depictions with regard to race, gender, religion, nationality, disability, sexual orientation or age. The customer also guarantees not to place any orders that violate the honour, confidentiality or privacy of other persons. printolino reserves the right to immediately report any violation of this guarantee. In the event of a breach of such rights, the customer shall indemnify printolino against all third-party claims. Any costs incurred shall be borne by the customer.

3.4 The customer or the person authorised by the customer retains all rights to the orders, files and image data transferred to printolino.

3.5 The customer grants printolino the necessary temporally and geographically unrestricted right to use the image data provided for the services to be rendered under the contract. This includes the storage, reproduction and processing of the image data.

3.6 The rights of use are not transferable. Any transfer of the image material or the rights of use thereto to third parties, for example to other editorial offices or to subcontractors, agencies or other persons - with the exception of those for whom or for whose operation an image was expressly ordered - is not permitted. If the customer, e.g. as an advertising agency, licences a picture on behalf of a customer or for use by a customer, this customer must be the sole end user of the work. If the customer/third party is at fault, the ordering party shall be responsible as if it were its own fault.

4.1 All prices quoted include the applicable statutory value added tax (currently 8.1 %) plus packaging and shipping costs.

4.2 The prices for the products and services as well as for packaging and dispatch apply at the time the order is placed.

4.3 The customer will receive the invoice and payment slip by email as soon as the order has been dispatched or is ready for collection. However, printolino reserves the right to request payment in instalments or in advance or to restrict the choice of payment methods in order to safeguard against credit risk.

4.4 Invoices from printolino are payable within 20 days. Payments are deemed to have been made on the day on which printolino can dispose of the amount. If invoices are not paid within 20 days, printolino reserves the right to charge a reminder fee of CHF 20.

4.5 In the event of further reminders, printolino reserves the right to charge all expenses incurred as well as default interest of 6% from the due date.

4.6 printolino reserves the right to withdraw from the contract in the event of obvious errors, any programming, browser or platform-related errors or altered conditions due to manipulation by third parties (hackers).

4.7 Unless a different delivery address has been expressly agreed, the goods will be delivered to the address specified by the customer. printolino reserves the right to make partial deliveries if this appears advantageous for speedy processing. The customer will not be charged any additional, undeclared shipping costs.

4.8 The estimated delivery dates stated by printolino are non-binding guidelines and are not guaranteed unless they have been bindingly agreed in advance in writing, by telephone or by email. Delays in delivery by printolino do not entitle the customer to cancel the order or to claim damages, unless the delay in delivery was caused by printolino with intent or gross negligence.

4.9 If the customer requests that the delivery be made at a precisely specified time, printolino reserves the right to charge additional costs. The amount of the additional costs will be determined at printolino's discretion, taking into account the additional effort required for the precisely timed delivery.

4.10 If additional shipping costs are incurred due to (unintentional) misrepresentation of incorrect addresses, these shall be borne by the customer, unless the customer is not responsible for the misrepresentation.

5.1 The products are defective if they do not meet the technical standard of digital photo printing and processing. The customer shall have no warranty claims in the event of insignificant defects. Only technical faults that could have been avoided according to the current state of the art shall be deemed to be defects, but not aspects of taste. Colour differences, image cropping or colour shifts between the images and the original data are not considered defects, provided that they are within the normal range for the industry. Colour differences may occur due to the customer not calibrating the monitor or not calibrating it correctly. Black and white printouts may contain a slight, industry-standard colour cast due to colour printing. Cropped images may deviate slightly from the specified sizes and dimensions in terms of size and placement. The tolerances customary in the industry apply. Complaints, credit notes and replacement prints in this respect are excluded, unless the deviation is outside the normal industry range. A reduction in quality due to poor quality (e.g. resolution) of the original image data also does not constitute a defect.

5.2 printolino expressly points out that the products offered on the website of the corresponding printolino domain are not waterproof, unless expressly stated otherwise. Furthermore, printolino points out that the images are UV-resistant to a limited extent and that exposure to sunlight over a longer period of time may lead to slight fading. This fading does not constitute a defect. Unless otherwise stated, the printed products are intended for indoor use only. Printolino would like to point out that it accepts no liability for any defects in images caused by incorrect storage (e.g. in cellars, on the floor, generally in the event of strong fluctuations in temperature and humidity, draughts, etc.). This is because incorrect storage can result in various image defects such as size distortion (+/- 5%), bubbles, peeling, etc. Printolino prints all paper products from rolls. A visible curvature may remain, especially with heavier media. This can be remedied by weighting the material for a period of time and does not constitute a defect in the product.

5.3 The customer may only claim obvious defects in the delivered goods if he notifies printolino of these in writing or by e-mail within 10 days of delivery, providing a precise description (period for notification of defects). The date of receipt of the notice of defects by printolino is decisive for compliance with the deadline. Any later assertion of claims is excluded.

5.4 Hidden defects must be reported to printolino in writing or by e-mail as soon as they are discovered. The statutory warranty period is currently two years.

5.5 If defects exist and were reported in a timely manner, printolino is entitled to subsequent fulfilment. There are no further rights in respect of defects, in particular no right to compensation.

5.6 The customer recognises that the tolerances specified by our manufacturers must be taken into account in the manufacture of products. These tolerances may include minor deviations in dimensions, weights and other technical specifications.

5.7 Flatness of prints on high-quality heavy papers High-quality papers over approx. 250 g/m2, such as most Hahnemühle products, are often plotted from roll material. Due to the nature of the material and the production-related manufacturing process, a natural curvature of the paper can occur. It should therefore be noted that the paper is not completely flat (straight) after printing. This is not a defect, but a material-related characteristic of these exclusive paper grades. Customers who require perfect flatness should take this into account before ordering and, if necessary, consider suitable measures or alternatives after consulting us.

6.1 If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the carrier/freight service and refuse acceptance, without prejudice to his warranty rights, and immediately contact printolino by sending an e-mail to info@printolino.ch or by other means (telephone/post) so that printolino can assert any rights it may have against the carrier/freight service. The customer shall assist in enforcing printolino's claims against the forwarder/carrier.

6.2 Concealed transport damage must be reported to printolino immediately upon discovery - also without prejudice to any warranty rights - so that any warranty claims against third parties can be safeguarded.

There is no right of cancellation for goods manufactured according to customer specifications or goods that are clearly tailored to the personal needs of the customer. There is therefore no right of cancellation or return.

8.1 The customer is aware and agrees that the personal data required to process the order (e.g. name, delivery and billing address, e-mail, IP address) will be stored by printolino on data carriers. The customer expressly consents to the collection, processing and utilisation of their personal data. The stored personal data will be treated confidentially by printolino.

8.2 The customer is obliged not to delete the image files of the posters and images ordered until the service has been duly received. In the event of deletion, the customer loses all rights relating to defects. printolino generally backs up the data transmitted by the customer for a period of at least 8 weeks after dispatch to the customer for the purpose of processing complaints and in the event of repeat orders. There is no entitlement to a more extensive backup of the data transmitted by the customer by printolino. For reordering data for a period of more than 8 weeks after dispatch to the customer, printolino may charge an amount of up to CHF 45 per file for searching for the data in the backup, provided the data is still available.

8.3 Customers have the right to withdraw their consent at any time. In this case, printolino is obliged to delete the customer's personal data immediately. An exception to this is the incomplete fulfilment of the contract. With the revocation of consent, all of the customer's warranty rights shall lapse.

9.1 The goods ordered and delivered or collected remain the property of printolino until all claims have been fulfilled in full.

9.2 The customer has no right to offset any counterclaims asserted (exclusion of set-off).

9.3 No resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is permitted prior to the transfer of ownership without the express consent of printolino.

10.1 printolino endeavours to keep the Internet pages of the printolino domains operational at all times, but printolino assumes no liability for damages and errors incurred by a customer in the event of temporary unavailability of the website or in the event of other technical problems. printolino is also not liable for the loss of or damage to image files when sending data carriers by post or by electronic data transmission.

10.2 printolino is liable for breaches of duty by printolino that are based on intent or gross negligence. The liability for damages is limited to a maximum of the contractual value of the order. Liability is otherwise excluded.

11.1 If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions. In the event of the invalidity of individual provisions, the contracting parties shall endeavour to agree a replacement provision which comes as close as possible to the economic purpose of the invalid provision, taking into account the interests of both parties.

11.2 The entire business relationship shall be governed exclusively by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention" SR 0.222.122.3).

11.3 The exclusive place of jurisdiction for all disputes arising from the business relationship is CH-6370 Stans. printolino is also authorised to bring legal action at the customer's general place of jurisdiction.

Status of the terms and conditions: 05.01.2024