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Conditions

1. Scope

These general terms and conditions apply to deliveries and orders of products from DIGITAL Promotion GmbH, based at Terrassenstrasse 15a, CH-5312 Döttingen, and the provision of all related services. Terms and conditions on the part of the customer which DIGITAL Promotion GmbH has not signed are not binding.

1.1 Terms and Conditions

The application of the customer's general terms and conditions or their general terms and conditions of purchase

is excluded.

2. Offers / Order Confirmation

Our offers are non-binding. All orders are only accepted after receipt of the written order confirmation (email) by DIGITAL Promotion GmbH.

2.1 Non-Binding Product Information

The presentation of the DIGITAL Promotion range on websites, in catalogues, in advertising or in other media is for illustration purposes only and is always non-binding and does not constitute an offer to conclude a contract of the products (e.g. drawings, illustrations, dimensions, weights and other services) are only to be understood as guide values and do not constitute any guarantee of the properties of the products in question, unless they are expressly designated as binding in writing.

Information in DIGITAL Promotion's sales documents about the quality of products, compliance with certain safety standards or other standards does not represent any guarantee of the properties of the products in question, unless they are expressly designated as binding in writing. The relevant product information is transmitted to DIGITAL Promotion by the respective product manufacturer. However, DIGITAL Promotion cannot check the correctness of this product information and therefore completely excludes any guarantee for the correctness of this product information.

However, the customer can always order a chargeable sample of the product in question in advance and check the relevant properties himself.

3. Print Jobs

We assume no liability for advertising texts transmitted by telephone. If you remain silent on a confirmation sent by us, this is deemed to have been approved. Slight deviations in color are accepted depending on the nature of the printed matter. Quantity deviations with advertising of max. +/- 10% are production-related and can be charged accordingly.

4. Sketches/Drafts

Sketches, drafts, layouts are charged even if no corresponding print order is placed. The copyright of such templates is based on the statutory provisions.

5. Reproduction Documents / Clichè / Tools

The reproduction and printing of all templates, clichés, data, samples and the like provided by DIGITAL Promotion GmbH  takes place on the condition that the customer has the corresponding reproduction documents.

6. Additional work / corrections

Additional work caused by the client as a result of templates - manuscript corrections and revisions as well as changes required according to the "GOOD FOR PRINTING" which result in additional work must be charged additionally.

7. Prices and Additional Terms

All prices are recommended prices in Swiss francs, net, exclusive of VAT and freight collect ex warehouse  (AG), unless otherwise agreed in writing. We reserve the right to make price adjustments.
Desired additional services such as outturn samples, courier or express delivery will be charged additionally. The customer is obliged to pay the invoice amount within 15 days of invoicing. In the event of default by the customer, the right to claim further damages and default interest remains reserved. DIGITAL Promotion GmbH is entitled to make outstanding deliveries only against advance payment.

8. Delivery

We are not liable for delays in delivery by the carrier. Our liability ends when the goods are accepted by the forwarding agent. Unless otherwise agreed in writing, the place of performance is at the customer's registered office. DIGITAL Promotion GmbH is entitled to carry out partial services. If DIGITAL Promotion GmbH is in default of delivery, the customer is only entitled to set a reasonable grace period for the delivery. If DIGITAL Promotion GmbH is still unable to deliver within the grace period, the customer is entitled to withdraw from the contract. Further claims from delay in delivery are excluded. Delays in delivery due to unforeseeable, extraordinary circumstances or circumstances for which DIGITAL Promotion GmbH is not responsible are excluded from this right of withdrawal. The service of DIGITAL Promotion GmbH is deemed to have been fulfilled for partial services that have already been provided. If the delivery date cannot be met due to behavior on the part of the customer, the customer must reimburse DIGITAL Promotion GmbH in full for all damage caused by the services not being rendered. The transport company is liable for damage or loss during transport. Acceptances subject to reservation must be noted on the delivery note. Partial deliveries are permitted.

9. Notification of Defects

The customer must check the goods delivered by DIGITAL Promotion GmbH within five days of receipt of the goods and report them immediately in writing or by e-mail if he wants to derive rights from defective fulfillment of the contract. If the customer fails to meet this deadline, the goods are deemed to be free of defects and the delivery is deemed to have been approved. Possibly hidden defects are to be reported immediately after detection. Complaints regarding the warranty due to defects in the products expire one year after delivery to the customer, even if these defects are not discovered until later. Defective goods will be replaced (replacement delivery) or repaired (repair) by DIGITAL Promotion GmbH at its own discretion. The customer has no right of withdrawal. DIGITAL Promotion GmbH can, at its own discretion, grant a price reduction instead of a replacement delivery or repair.

If there is a guarantee on the part of the manufacturer, DIGITAL Promotion GmbH can assign its claims against the manufacturer of the goods to the customer in the event of defective goods. Defects, in particular those resulting from force majeure for which DIGITAL Promotion GmbH is not responsible, are excluded from any warranty.

10. Payment

The agreed terms of payment apply 15 days net. We expressly reserve the right to change or adjust this situation, such as advance payment or cash on delivery, advance payment. From CHF 3,000.00 we can charge a deposit with payment terms of 5 days net. We reserve the right to charge a deposit of up to 60% for the first order

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11. Payment - COVID19
Due to the current Corona situation, we ask for your understanding that we are changing our terms of payment with immediate effect: 50-60% payment in advance and the remaining amount after receipt of the delivery 5 days net.

12. Set and graphics

If we provide us with reproducible print templates, electronic data (PDF/EPS vectorized), the expenses are included in the offered costs. We charge further design expenses at cost price.

13. Copyright / Right of Use

The copyright and consequently also the right of use go to the customer after payment for items without price information from orders that have already been completed. We may optionally mention them as a reference in our advertising campaigns and, if necessary, display them in the press and on our homepage.

14. Pattern

All samples are generally charged and, unless otherwise agreed, cannot be returned. The value of the goods plus a shipping fee of CHF 18.00 will be charged. DIGITAL Promotion GmbH rejects any return of goods or refunds due to non-compliance or similar, which could have been avoided based on a prior inspection of samples.

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Addendum to sample shipments: 
Samples and individual samples will only be sent against payment. When the order is placed, the samples will not be charged.

If the sample is not approved within 4 weeks, we reserve the right to charge you for all costs incurred up to that point plus a flat-rate fee of CHF 250.00.
This amount can be credited in the event of subsequent approval. This also applies to pure sample orders.

15. Place of Performance / Place of Jurisdiction

Place of performance and place of jurisdiction is Döttingen/AG. Swiss law applies exclusively. The CISG / right of repurchase does not apply to this contract law; rather, Swiss substantive law applies.

16. Recognition

The placing of an order includes the acknowledgment of the General Terms and Conditions by the customer.

17. Retention of Title

We reserve ownership of the goods delivered by us until full payment. A pledging, assignment of security or other deprivation by the customer is inadmissible for the complete payment of all claims.

18. Privacy

The customer and DIGITAL Promotion GmbH undertake to maintain complete confidentiality about the agreed terms of payment.

19. Severability Clause

Should individual provisions of these general terms and conditions or other agreements between the customer and DIGITAL Promotion GmbH prove to be invalid or unenforceable, the entire contractual relationship will not become invalid, but the relevant provisions must be replaced by legally valid ones.

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