General Terms and Conditions (GTC)
of Maxiprint | Multicolor Print AG, CH-6341 Baar
The General Terms and Conditions (hereinafter referred to as GTC) of Maxiprint | Multicolor Print AG govern the rights and obligations between Maxiprint and its customers with regard to all contracts concluded in the online shop at www.maxiprint.ch. The submission of an order concludes the contract with the customer. The placing of an order implies the acceptance of these GTC by the customer. These terms of use and the data protection declaration are binding for all users. Deviations from these terms and conditions are only effective if confirmed by Maxiprint in writing. The current and binding version of the GTC is published at www.maxiprint.ch. The GTC shall apply in the version current at the time of the conclusion of the contract.
The Customer expressly waives the assertion of its own general terms and conditions of business insofar as they contradict these.
If individual provisions of these GTC should be invalid or incomplete or if the fulfilment should become impossible, the validity of the remaining parts of these GTC shall not be affected thereby. The following terms and conditions shall also apply if the Contractor executes the Client's order without reservation in the knowledge of conflicting or deviating terms and conditions of the Client. Customers within the meaning of the terms and conditions of business are both consumers and entrepreneurs.
Terms of use
Registration and data protection
Users can shop in the Maxiprint Shop as registered customers. The customer is obliged to provide truthful information about himself/herself. Maxiprint reserves the right to delete customer data at any time and without giving reasons or to block a user account and password. The automatic creation of electronic accounts is not permitted. The user is responsible for protecting his access data.
Maxiprint treats customer data confidentially. They are only collected, processed and used for the fulfilment of the obligations arising from the purchase contract and for our own marketing purposes. If you have agreed, we will use your data within our group of companies to inform you in the future about new products and other innovations. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties, insofar as this is necessary for the performance of the purchase contract.
Quotation and placing of order
.Order execution
.In the case of orders with delivery or invoice to third parties, the Customer shall be deemed to be the Client. If the delivery is made to third parties for their benefit or if the recipient of the delivery is otherwise enriched by the taking possession of and further use of the delivery, the customer and the recipient of the delivery shall jointly be deemed to be the principal. A later change of invoice after invoicing has already taken place at the request of the customer to another invoice recipient shall mean the tacit assumption of debt by this invoice recipient. By placing such an order, the customer tacitly assures that the agreement of the invoice recipient exists for this purpose.
Delivery and Shipping
All information on delivery times is to be regarded as non-binding. They may change at any time and without notice. The delivery dates confirmed on acceptance of the order are approximate. If the supplied print data show defects after a delivery date has been confirmed, the contractor shall no longer be bound by the delivery date. The same shall apply in the event of delayed approval for printing by the client. In the event of delivery delays, the Customer shall be informed by Maxiprint. The Customer shall not have any claims for damages arising from delayed or non-delivery of the goods insofar as this is attributable to force majeure, operational disruptions, delivery delays, difficult transport conditions or other reasons for which Maxiprint is not responsible. Furthermore, all claims for damages arising from delay in delivery or non-delivery which are not attributable to gross negligence or intentional conduct on the part of Maxiprint are also excluded. As soon as the goods have been handed over to a forwarding agent, freight carrier or the post office, at the latest when they leave our company premises, the customer shall bear the risk for the goods.
Right of return, warranty and liability
.The customer shall immediately inspect delivered products for correctness, completeness and intactness. Any defects must be reported to Maxiprint in writing by letter or e-mail immediately after they are discovered, but at the latest within 10 calendar days of receipt of the consignment (date of postmark, date of dispatch e-mail, for compliance with deadline). Concealed defects must also be reported to Maxiprint within 10 days of discovery. Any warranty shall be excluded in the event of delayed defects.
Returns regarding warranty claims must be agreed with us. Goods sent back carriage forward with regard to warranty claims will not be accepted. Any return shipment must be made in the original packaging, complete with all accessories and accompanied by the delivery note/invoice. The return of products by postal parcel or forwarding agent shall be at the expense and risk of the customer to the following address:
Maxiprint | Multicolor Print AG, Kesselbachstrasse 40, 9450 Altstätten.
The refund will be made in the form of a credit to the customer's account. Cash payments, returns and transfers are not possible.
In the event of a timely notice of defect, the statutory two-year warranty obligation shall apply from the date of delivery, whereby Maxiprint shall have the choice of providing the warranty through rectification, replacement, cancellation or reduction. The warranty shall only be given if there are no reasons for exclusion such as normal wear and tear, damage due to incorrect manipulation, intervention and manipulation as well as other circumstances such as damage caused by the elements, moisture, falling and impact etc. In the case of parts subject to wear and tear, Maxiprint is obliged to provide a replacement or a reduction in price. In the case of parts subject to wear and tear, Maxiprint completely excludes the warranty.
If the manufacturer's warranty extends beyond the warranty provided by Maxiprint, Maxiprint.ch AG will also grant this to its customers. Maxiprint will inform its customers on request whether and to what extent a manufacturer's warranty exists. Claims for damages against Maxiprint, its auxiliary persons and vicarious agents are, to the extent permitted by law, excluded in full. Maxiprint shall not be liable for consequential damages, lost profits or other losses incurred by its customers.
In the case of colour reproductions in all manufacturing processes, minor deviations from the original cannot be objected to. The same applies for technical reasons to the comparison between other originals, for example between proofs and printouts – even if they were created by us – and the final product.
If the client has not commissioned a proof printout or press proof created by us, we are free of any liability. The client accepts that a PDF as «good for print» cannot show all possible sources of error. Complaints in this connection shall not be accepted.
Manuscripts, data carriers, originals, photographs, etc., as well as printed matter in storage or other objects brought in shall be treated with the usual care. The client shall insure or bear any further risks himself without any special written agreement. Subject to mandatory provisions, the contractor shall not be liable to the client beyond the order value for direct or indirect damages of the client, which are based in particular on defects, delays or misunderstandings. The Contractor shall only be liable for damages arising from delay or from breach of material contractual obligations to the extent that such damages are foreseeable. The Contractor's liability is also excluded if the Client or third parties make changes to the delivered goods.
Defects in part of the delivered goods do not entitle the Client to complain about the entire delivery.
Payment and default
Orders are to be paid immediately. The following payment methods are offered: Prepayment via e-banking, prepayment via Post / TWINT / bank counter, Master Card, Visa Card, PostFinance Card, PostFinance e-finance, PayPal, invoice (by arrangement). The invoice will be uploaded to the account after dispatch. The order will only be processed after receipt of payment. If payment by invoice has been agreed, the invoice amount must be paid within 30 days of receipt and without deduction. Maxiprint reserves the right to obtain credit checks on the customer and may forward customer data to third parties for this purpose. In principle, an appropriate advance payment may be required for all orders. Any reminder / collection costs shall be borne by the Client.
Prices
The current price list shall apply to all products and services, unless another price has been expressly agreed in writing by the contractor. All prices in the online shop are quoted in Swiss francs (CHF) including VAT and shipping costs to an address in Switzerland or Liechtenstein. Prices are determined at the time of the order. Prices and services become binding at the time of the order on www.maxiprint.ch in accordance with section 2. Technical changes, errors and printing errors are expressly reserved. Prices are subject to possible increases in material prices or wages, which may occur before completion of the order.
Invoices and changes
.The invoices issued by Maxiprint are subject to any errors. Six weeks after receipt of the invoices by the Client, the invoice shall be deemed to have been approved by the Client, unless it is objected to by the Client in writing within this period, stating the invoice item objected to. After expiry of the six-week period, an amendment of the invoice is excluded. This shall also apply to any desired changes to the invoice recipient or the invoice address. The six-week period shall not affect the obligation to make payment or to give notice of defects within the shorter periods specified in these GTC.
Changes to the order initiated at a later date shall be invoiced. Any change in the commercial order data (invoice recipient, delivery address, shipping method, payment method and the like) shall also be deemed to be a change in an order. Each change at the request of the Customer shall be invoiced at the currently applicable processing fee.
Maxiprint is entitled to carry out necessary preparatory work itself, in particular on the data supplied or transmitted by the Customer, without consulting the Customer, if this is in the economic interest of the Customer or contributes to compliance with the completion date of the order. Such work shall be invoiced according to the time spent on it. If the Client incurs additional costs exceeding ten percent of the order value (offer price) as a result, the Client's consent to the calculation of these costs shall be obtained in advance.
The Client shall be liable for any additional costs incurred.
Retention of Title The ordered products remain the property of Maxiprint until full payment of the purchase price and all other costs. Maxiprint is entitled to make a corresponding entry in the retention of title register. The Customer is obliged to cooperate in any measures necessary to protect the property of Maxiprint. In particular, in the event that further declarations are to be made or signatures are to be provided by the Customer for the registration of the retention of title, the Customer shall do so without delay upon first request. Acceptance of the entry in the retention of title register by Maxiprint.
Acceptance reference If the Client does not accept the goods within the reasonable period after notified completion, the Contractor shall be entitled to invoice the goods and to charge the Client for any storage costs (including those of third parties) and any disposal costs. Immaterials Intellectual property rights and other rights Maxiprint is the owner and operator of www.maxiprint.ch. All trademarks, names, titles, logos, images, designs, texts and graphics used on this website belong to Maxiprint or one of its contractual partners. No rights (rights of use, intellectual property rights etc.) are acquired by calling up, downloading or copying pages. It is strictly forbidden to use the contents of www.maxiprint.ch in any form without written permission.
Copyright On payment of the fee owed, the client shall in principle only acquire a simple right of use for the reproduction and distribution of the works created by the contractor. Reproduction rights Right of Reproduction The reproduction and printing of all print data, image and text templates, logos, samples and the like provided by the Client to the Contractor shall be subject to the condition and assumption that the Client owns the corresponding reproduction rights and that the rights of third parties are not infringed. This also applies to archive data and their reuse. If third parties assert an infringement of their rights against Maxiprint, the Customer undertakes to indemnify Maxiprint against all asserted claims and to compensate Maxiprint for all damages resulting from an infringement of rights at the latest upon written request. Clients are in principle not permitted to upload print or image templates that contain criminal, illegal or immoral content. In the event of infringement, Maxiprint may remove these orders without prior notice. In addition, Maxiprint reserves the right to take legal action against the Client.
Advertising The contractor reserves the right to send specimen copies of the orders as quality samples to third parties or to use them for self-advertising, even without the express consent of the client. Publicity.
Sketches and drafts Sketches, drafts, design proposals, originals and photographic works will be charged, even if no corresponding print order is placed. Periodical work Contracts for regularly recurring work may be terminated with at least three months' notice to the end of a month.
Extra work Additional work caused by the client or the client's agents in relation to the offer (processing of templates and manuscripts, additional processing of data carriers or text/image data as well as defective or missing documents or documents that are unsuitable for reproduction) shall be invoiced additionally. Additional work caused by the client or the client's agents in relation to the offer (processing of templates and manuscripts, additional processing of data carriers or text/image data as well as defective or missing documents or documents that are unsuitable for reproduction) shall be invoiced additionally.
Autocorrections Automatic corrections (subsequent text changes, image changes, pagination changes and the like) are not included in the quoted prices and will be invoiced to the client if necessary. Automatic corrections (subsequent text changes, image changes, pagination changes and the like) are not included in the quoted prices and will be invoiced to the client if necessary.
Branch-specific tolerances We reserve the right to apply tolerances in execution and material, in particular accuracy of cut, fidelity of reproduction, tonal value and quality of the print media (paper, cardboard, etc.).
More / less delivery Excess / short deliveries of up to 10 % of the ordered quantity – in case of extra production of the material up to 20 % – cannot be objected to unless otherwise agreed. Electronic data and data acceptance The Contractor shall not accept any responsibility for data supplied by the Client (via data carriers or the Internet) which are defective in terms of content, poor in quality or incomplete. Likewise, no liability shall be accepted if the data supplied cannot be processed or used in accordance with the standards and this results in qualitative defects in the printed product. The contractor shall not accept any liability for data loss of files delivered and to be further processed. The liability of the contractor is limited to errors caused by him.
Data storage and retention of working documents The print data shall be stored for one year after delivery of the goods. Data carriers supplied by the client shall not be returned unless otherwise agreed. The Client shall bear the risks of a later faultless provision, in particular due to changing processing techniques. Good to print The Client shall be obliged to check the control and proof documents (press proofs, proofs, plots, copies, files, etc.) sent to him before the final production of the order for errors and to release them in the account. Copyright Copyright We reserve all rights (copyright) to creative services rendered by Maxiprint on behalf of the Customer, in particular to graphic designs, image and text marks, layouts, etc. The Customer shall pay for these with his payment for the service. With his payment for this work, the client only pays for the work itself, but not for the rights to the intellectual property, in particular not for the right of further reproduction. The copyright can be transferred to the client or a third party against payment if this is agreed in writing. In this case, the rights shall only become the property of the client or the third party upon payment of the agreed remuneration.
Trade abuse In commercial dealings, the commercial customs of the printing industry apply (for example, no obligation to hand over intermediate products such as data or printing plates which are created for the production of the final product owed), unless a different order has been placed. In commercial dealings, the commercial customs of the printing industry apply (for example, no obligation to hand over intermediate products such as data or printing plates which are created for the production of the final product owed), unless a different order has been placed.
Common Final Provisions The place of jurisdiction is 6341 Baar (ZG). Swiss law is exclusively applicable, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) is completely excluded. Adjustments Baar, December 2022
In the absence of a written agreement to the contrary, there shall be no obligation to retain working documents (files, colour extracts, etc.).
The Contractor shall not be liable for errors overlooked by the Client.
Jurisdiction / Governing Law