General terms and conditions
- 2 Conclusion of contract and order confirmation
- 3. Content of the image files, copyrights, obligations of the customer
- 4 Prices, terms of payment and delivery
- 5 Liability for defects / warranty
- 6. For attention in case of transport damages
- 7. Right of revocation
- 8. Data protection, securing of image files
- 9. Retention of title, set-off
- 10. Exclusion of liability
- 11. Final provisions
- 12. Validity
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 recognize deviating terms and conditions of customers if this has been expressly agreed in writing. All collateral agreements require express written confirmation by printolino.
1.3 The business relationship between printolino and the customers 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).
1.4 Acceptance of the terms and conditions of use of the printolino picture galleries implies prior acceptance of the General Terms and Conditions (GTC).
2 Conclusion of contract and order confirmation
2.1 printolino offers its customers the non-binding opportunity to order goods or use services on its Internet pages.
2.2 By submitting the online form on the printolino website or by placing an order by telephone, mail or e-mail, the customer makes a binding offer to conclude a contract. The customer is legally bound until the order is dispatched or requested to be picked up or until printolino rejects the order, if any.
2.3 The order confirmation shall be sent as quickly as possible by e-mail to the e-mail address provided by the customer or confirmed at the start of order execution.
2.4 printolino reserves the right to reject orders if the rights of third parties could be infringed or laws would be violated during the execution of the order, as well as orders that are classified by printolino as pointless or the customer is known to be unworthy of credit. printolino will inform the customer of the order rejection in this case by e-mail or telephone.
3. Content of the image files, copyrights, obligations of the customer
3.1 The customer is exclusively 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 shall be subject to the necessary copyrights, trademark rights or other rights of the customer. 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 resulting from an infringement of the aforementioned rights and indemnifies printolino from any liability and costs in case of a claim by a third party.
3.3 By placing the order, the customer warrants in particular that the contents of the transmitted image files do not violate criminal law; no illegal templates, materials and contents glorifying violence, inciting hatred or racism, propaganda material, symbols of unconstitutional parties or their substitute organizations or instructions to commit criminal acts; pornographic templates, materials or content, which are the subject of sexual abuse of children or sexual acts with animals and also do not show discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age. Likewise, the customer assures not to place any orders in which the honor, secrecy or privacy of other persons is violated. printolino reserves the right to file charges immediately in the event of a violation of this assurance. In case of infringement of such rights, the customer shall indemnify printolino against all claims of third parties. Any costs incurred shall be borne by the customer.
3.4 The customer or the person authorized by the customer shall retain all rights to the orders, files and image data transferred to printolino.
3.5 The customer grants printolino the necessary right, unlimited in time and space, to use the image data provided for the services to be rendered under the contract. This includes the storage, duplication 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, e.g. 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, licenses an image on behalf of a customer or for use by a customer, this customer must be the sole end user of the work. The Customer shall be responsible for any fault on the part of the customer/third party as if it were his own fault.
3.7 Corbis Images holds the unrestricted copyright, trademark or other rights for all images in the printolino image galleries. The customer's license and right of use for the ordered image exists exclusively for the image produced by printolino. Any reproduction or disclosure to third parties is prohibited and may be prosecuted and enforced by Corbis Images.
4 Prices, terms of payment and delivery
4.1 All prices quoted are inclusive of the applicable statutory value added tax (currently 7.7 percent) plus packaging and shipping costs.
4.2 The prices for the products and services as well as for packaging and shipping apply at the time of the order.
4.3 The customer receives the order with an invoice and payment slip, payable within 20 days. Printolino reserves the right, however, to demand partial payment or payment in advance or to limit the choice of payment methods in order to safeguard against credit risk.
4.4 The delivery of goods normally includes the invoice and/or delivery bill. Invoices from printolino are payable within 20 days. Payments shall be 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 case of further reminders, printolino reserves the right to charge all expenses incurred as well as a default interest of 6% from the due date.
4.7 In the event of obvious errors, any programming, browser or platform-related errors or conditions altered by manipulation by third parties (hackers), printolino reserves the right to withdraw from the contract.
4.3 Unless a different delivery address is expressly agreed upon, the goods shall be delivered to the address specified by the customer. printolino reserves the right to make partial deliveries if this appears advantageous for a speedy processing. In this case, the customer will not be charged any additional, undeclared shipping costs.
4.4 The expected delivery dates stated by printolino are non-binding guidelines and are not guaranteed unless they have been bindingly promised in advance in writing, by telephone or by e-mail. Delay in delivery by printolino does 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.
4.5 If additional shipping costs are incurred due to the (unintentional) provision of incorrect addresses, these shall be borne by the customer, unless the customer is not responsible for the incorrect information.
5 Liability for defects / warranty
5.1 The products are defective if they do not meet the technical standard of digital photo printing and processing. In the case of insignificant defects, the customer shall have no warranty claims. Only technical defects that could have been avoided according to the current state of the art shall be considered defects, not, however, defects of taste. Color differences, image trimming or color shifts between the images and the original data are not defects, provided that they are within the customary range. Color differences can occur due to no or not color-correct calibration of the monitor by the customer. Black / white printouts may contain a slight, industry-standard color cast due to color printing. Cropped images may differ slightly in size and placement from the specified sizes and dimensions. The tolerances customary in the industry apply. Complaints, credit notes, as well as replacement prints in this respect are excluded, unless the deviation is outside the scope of what is customary in the industry. A reduction in quality due to poor quality (e.g. resolution) of the original image data shall also not constitute a defect.
5.2 printolino expressly points out that the products offered on the Internet page of the corresponding printolino domain are not waterproof, unless it is expressly stated that they are. 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 represent a defect. Unless otherwise described, the printed products are intended exclusively for use indoors. Printolino points out that it accepts no liability for any defects in pictures caused by incorrect storage (e.g. in cellars, on the floor, generally in the case of strong fluctuations in temperature and humidity, drafts, etc.). This is because incorrect storage can lead to various image defects such as size distortion (+/- 5%), bubbles, peeling, etc. Printolino prints all paper products from rolls. Especially with heavier media a visible curvature can remain. This can be remedied by weighting the material for some time and does not represent a defect in the product.
5.3 The customer can only claim obvious defects in the delivered goods if he notifies printolino in writing or by e-mail within 10 days of delivery, giving a precise description of the defect (defect notification period). The date of receipt of the notice of defects by printolino is decisive for compliance with the deadline. A later assertion is excluded.
5.4 Hidden defects must be reported to printolino immediately upon discovery in writing or by e-mail. The statutory period for defects is currently two years.
5.5 If defects exist and have been reported in a timely manner, printolino is entitled to subsequent performance. There shall be no further rights in respect of defects, in particular no right to compensation.
6. For attention in case of transport damages
6.1 If goods are delivered with obvious damage to the packaging or contents, the customer shall immediately complain to the carrier/freight service without prejudice to his warranty rights and refuse acceptance as well as immediately contact printolino by sending an e-mail to the address email@example.com or by other means (telephone/mail) so that printolino can safeguard any rights against the carrier/freight service. The customer shall assist in enforcing printolino's claims against the forwarder/freight service.
6.2 Hidden transport damage must be reported to printolino immediately after discovery - also without prejudice to any warranty rights - so that any warranty claims against third parties can be safeguarded.
7. Right of revocation
There is no right of revocation for goods manufactured according to customer specifications or goods that are clearly tailored to the personal needs of the customer. A right of revocation or return therefore does not exist.
8. Data protection, securing of image files
8.1 The customer is aware of and consents to the fact that the personal data required to process the order (including 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 use of his personal data. The stored personal data shall be treated confidentially by printolino.
8.2 The customer is obliged not to delete the image files of the ordered posters and images until proper receipt of the service. With a deletion the customer loses all rights for defects. printolino saves the data transmitted by the customer for the purpose of processing complaints and for the case of repeat orders usually for a period of at least 8 weeks after the dispatch to the customer. There shall be no entitlement to further backup of the data transmitted by the customer by printolino. For a re-order of 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 that the data is still available.
8.3 The customer has the right to revoke his consent at any time. In this case printolino is obliged to delete the customer's personal data immediately. An exception is the incomplete execution of the contract. With the revocation of consent, all defect rights of the customer shall expire.
9. Retention of title, set-off
9.1 The goods ordered and delivered or collected shall remain the property of printolino until all claims have been met in full.
9.2 The customer has no right to offset counterclaims asserted (exclusion of set-off).
9.3 Prior to transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of printolino.
10. Exclusion of liability
10.1 printolino shall endeavor to keep the Internet pages of the printolino domains operational at all times. However, printolino shall not be liable for damages and errors incurred by a customer in the event of temporary inaccessibility of the website or in the event of other technical problems. printolino shall also not be liable for the loss of or damage to image files when sending data carriers by mail or when sending by electronic data transmission.
10.2 printolino shall be liable for breaches of duty by printolino which are based on intent or gross negligence. The liability for damages is limited to a maximum of the contract value of the order. In all other respects, liability is excluded.
11. Final provisions
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 endeavor to agree on a substitute provision, taking into account the interests of both parties, which comes as close as possible to the economic purpose of the invalid provision.
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 furthermore entitled to sue at the general place of jurisdiction of the customer.
Status of the terms and conditions: 07.08.2018
Ihre Vorteile bei Printolino
- Übersichtlicher Produktdesigner
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- 12-Farben-Druckverfahren mit Pigmenttinte für lange Farbechtheit
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Zahlung & Versand
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