General Terms and Conditions

General Terms and Conditions

 

General Terms and Conditions of Flyerline Schweiz AG

 

Scope

These General Terms and Conditions (henceforth referred to as “GTCs”) shall be applicable for all offers, services, order confirmations, deliveries, invoices and other services of Flyerline Schweiz AG, in as far as no other written agreements have been reached or other requirements are imposed by legal provisions. The issuing of a purchase order shall imply the acceptance of these GTCs by the customer. The terms and conditions specified below shall apply to all contracts concluded between the client and the contractor regarding the execution of orders, in particular the delivery of merchandise. They shall also apply for all future business relations, even if they are not explicitly agreed upon once more. Should the client have any deviating terms and conditions which are not explicitly accepted by the contractor, these shall remain non-binding, even if they are not objected to explicitly. The following terms and conditions shall also apply in cases where the contractor fills the client’s order without reservation despite having knowledge of the client's conflicting terms conditions or conditions that deviate from the following. For the purpose of these terms and conditions, customers shall be understood to mean both consumers and contractors. 

 

Quotations

In the absence of other specifications, price calculations of quotations shall be based on complete documents and data suitable for calculation purposes, as well as on binding, clearly specified content, status and dimension information. Quotations made on the basis of imprecise documents or documents that are not yet available shall be considered to be ballpark quotations. A quotation shall be deemed definitive upon the awarding of a contract. For open-ended quotations, the agreed price expires after 60 days.

 

Contracts

In principle, contracts shall only be binding if confirmed in writing by Flyerline Schweiz AG. Written e-mail confirmation from the contractor shall be sufficient for this purpose. A contract shall be considered to be awarded when an order is received. Agreed prices that differ from the currently applicable price list shall only be valid when the differences have been confirmed in writing by the contractor (confirmation of order). For orders placed on the account of a third party, the purchaser is and shall remain a contracting party in addition to the third party and, as such, shall be deemed a debtor in addition to the third party until complete payment has been rendered for the service. This also applies for any expenses associated with late payments (interest, debt collection costs).

 

Fulfilment of contract

The contractor shall fulfil the contracts, in as far as there are no other written agreements, on the basis of the print data provided by the client. The print data/documents shall be delivered in accordance with the specifications and data formats of the contractor. Should the client deliver print data/documents in a format other than that specified by the contractor, the contractor will be unable to guarantee error-free contract fulfilment.

 

Prices

The current price list shall be valid for all products, unless another price has been explicitly confirmed in writing by the contractor. All prices are, unless agreed otherwise, net prices excluding VAT and shipping costs. Packaging material in the usual quantities is included in the prices, unless the client has been notified otherwise. Prices shall be subject to change in the event that the price of materials or wages increases prior to contract completion.

 

Terms of payment

Payment shall be effected in the client’s method of choice, either by prepayment, COD, or credit card. All costs incurred in connection with the payment method shall be borne by the client. The contractor shall not be liable for any misuse of the credit card. If payment by invoice has been agreed upon, the invoiced amount shall be due within 10 days of the receipt of the invoice without discount. In principle, a reasonable prepayment may be demanded for all contracts. Should the client be in arrears, interest on late payments shall be charged at a rate of 5%. Any expenses for reminders or debt collection shall also be borne by the client. Should a COD delivery be rejected by the recipient or not be delivered or supplied due to reasons that are not the fault of the contractor, any expenses incurred by the contractor shall be borne by the client. The ordered merchandise shall be invoiced irrespective thereof and the amount shall be due immediately. The contractor reserves the right to alter the terms of payment, even during ongoing production or during the fulfilment of contracts, for example, in the case that the client’s financial circumstances deteriorate significantly. Similarly, the contractor reserves the right to stop delivery or halt production in such a case.

 

Reservation of proprietary rights

Any merchandise delivered (conditional goods) shall remain the property of the contractor until such point in time that all payments, including all amounts outstanding from a current account to which the contractor is or will be entitled to in future, have been settled. In the event of a breach of contract by the client, e.g. delayed payment, the contractor shall be entitled to repossess conditional goods after setting a suitable deadline. Repossession of conditional goods shall constitute withdrawal from the contract. Seizure of the conditional goods shall constitute withdrawal from the contract. Once repossessed, the contractor is entitled to utilise conditional goods. The contractor shall apply the utilisation proceeds, less an adequate amount to cover utilisation costs, toward the outstanding amount owed by the client. The client is obligated to handle conditional goods with due care and, at the client’s own expense, to insure the merchandise at its replacement value against damage by fire, water and theft. The client shall have the right to sell the conditional goods in the course of normal business and/or use these under as long as it has not defaulted on payment. Pledging or assignment of securities is prohibited. The claims arising from reselling or any other legal basis (insurance, tortious act) with respect to the conditional goods (including all amounts outstanding from the current account) shall pass in their entirety, for reasons of security, from the client to the contractor; the contractor hereby accepts the transfer of these rights. The contractor hereby revocably authorises the client to collect all claims transferred to the contractor on its own behalf for the contractor’s account. This authorisation to collect receivables can be revoked at any time if the client fails to duly fulfil its payment obligations. The client is not entitled to transfer these claims, not even for the purpose of the collection of debts by way of factoring, unless the factoring party undertakes simultaneously to effect the counter-performance amounting to the claim directly towards the contractor as long as the claims against the client continue to exist. In the event of recourse by third parties to conditional goods, particularly in the case of pledging, the client shall draw attention to the contractor’s ownership and notify the contractor immediately to enable the contractor to enforce its proprietary rights. Insofar as the third party is not in a position to reimburse the contractor for any court or out-of-court costs incurred in connection with this, the client shall be liable. The contractor is obliged to release any securities to which it is entitled if the realisable value of the securities exceeds the obligations to be secured by more than 10%. The contractor is entitled to select the securities to be released.

 

Terms of delivery

Firmly guaranteed terms of delivery shall be valid only if these have been confirmed in writing by the contractor and the required documents (image and text submissions, data, press proof, etc.) have been received by the contractor by the time agreed upon. The guaranteed delivery dates shall also be only valid upon timely payment (prepayment). The delivery dates confirmed upon order acceptance are only approximate dates. Should the supplied print data exhibit deficiencies after the confirmation of a delivery date, the contractor shall no longer be bound by the delivery term. The same applies to print approval delayed by the client. Should the contractor be unable to deliver on time due, for example, to work stoppage, strike, force majeure, war, lack of energy or materials, delays or breaches of contract by third parties (i.e. subcontractors or suppliers), as well as any force majeure events, these do not entitle the client to withdraw from the contract/order, an/or to claim any compensation from the contractor. The contractor shall be liable for any default in delivery that is clearly and verifiably caused by the contractor, to a maximum of the value of the merchandise, and only if the delivery date has been confirmed in writing by the contractor.

 

Default of delivery

Should the client decline the merchandise upon notification of completion and after an established reasonable period of time, the contractor shall be entitled to invoice the client for the merchandise, any storage costs (including those of third parties), and any disposal costs.

 

Drafts and blueprints

Drafts, blueprints, design proposals, originals and photographic works shall be invoiced, even if a corresponding printing order is not placed.

 

Intellectual property rights

Payment of the fee owed shall only grant the client a non-exclusive right to duplicate and distribute the work created by the contractor. Any purchase of exclusive rights of use on the part of the client requires an express written agreement between the parties. The rights of use shall only be deemed to have been transferred upon payment in full of the agreed fee.

 

 

Duplication rights

The duplication and printing of all printed material, images and texts, logos, prototypes and similar materials made available to the contractor by the client shall be carried out under the condition and assumption that the client possesses the corresponding duplication rights and that third-party rights will not be infringed upon. This shall also apply to archive data and their reuse.  In the event that a third party asserts an infringement claim against Flyerline, the client undertakes to indemnify Flyerline from all claims made and reimburse Flyerline for all damages incurred as a result of the infringement, at the latest when notified by Flyerline in writing. Clients are prohibited from uploading printed materials or images with criminal, illegal or unethical content. Non-compliance shall entitle Flyerline to remove these orders without notice. Moreover, Flyerline reserves the right to initiate legal proceedings against the client.

 

Duplication documents, tools

The work documents prepared by the contractor (films, data, typesetting, montages, printing plates, etc.) and tools (stamping die moulds, etc.) shall remain the property of the contractor.

 

Advertising

The contractor reserves the right to send specimen copies as quality samples to third parties or to use these for its own promotional purposes, without the explicit agreement of the customer.

 

Additional work and expense

Work and expense caused by the client or the client’s agent in excess of that specified in the quotation (such as the correction or processing of templates and manuscripts, additional processing of data storage media or text/image data as well as inferior documents, missing or poorly-reproducible documents) shall result in additional charges.

 

Automatic corrections

_Automatic corrections (subsequent text modifications, image adjustments, changes in breaks, etc.) are not included in the price quotation and shall be invoiced to the client if necessary.

 

Industry standard tolerances

Industry standard variations in the execution and material, including cutting accuracy, similarity of the reproductions to the original, tonal value and quality of print substrate (paper, cardboard, etc.) shall be reserved. In so far as tolerances are imposed on the contractor by suppliers, these shall also apply to the client.

 

Over or short delivery

Over or short deliveries of up to 10% of the ordered quantity – for special production of the material, up to 20% - cannot be rejected unless otherwise agreed. The actual volume delivered shall be invoiced.

 

Material supplied by the client

Material supplied by the client shall be delivered to the contractor free of charge. The client shall be liable for all damages that could be the result of the possible inappropriateness of the material (quality and quantity). The storage of material shall also be at the expense and risk of the customer.

 

Delivery

The delivery shall take place at the client’s risk from 8595 Altnau/TG and shall be effected to the delivery address provided by the client and at the client’s expense. Any varying delivery address agreed upon at a later date must be explicitly confirmed in writing by the contractor. Should the merchandise be visibly damaged as a result of the delivery by post, shipping, courier, etc., it may only be accepted if these damages are recorded in writing by the transport company on the premises. Damage reports submitted at a later point in time shall be disregarded.

 

Notification of defects, returns

The client shall carefully examine the delivered merchandise upon receipt. Possible claims with regard to quality and quantity shall be submitted in writing at the latest within 10 days upon receipt. The contractor shall not be liable for defects reported later than this period. For justifiable claims, which are clearly and without doubt the responsibility of the contractor, the contractor shall be obligated to provide appropriate rectification of the defects or adequate replacement within a reasonable time period. A reprint shall only be possible if the merchandise is complete. The client accords the contractor this right upon the awarding of a contract. Further damage claims may not be asserted. Returns to the contractor that are not carriage-paid shall be rejected. Returns may only be made with the written agreement of the contractor. Only the costs for the most economical dispatch route shall be reimbursed for an agreed return. Slight variations in colour reproductions are possible in all manufacturing procedures and are not a cause for complaint on the part of the client.

 

Limitation of liability

Manuscripts, data storage media, lithographic prints, originals, photographs, etc., as well as supporting printed material or other objects presented that have been supplied to the contractor shall be handled with due care. Any further risk or cost of insurance must be borne by the client without any special written agreement. Liability towards the client beyond the contract value for possible further claims asserted due to direct or indirect damages resulting from shortages, delays, or misunderstandings are explicitly excluded, with the exception of the mandatory provisions. The contractor shall be liable for damages due to delays or breach of integral contract obligations only in as far as these damages are predictable. Furthermore, the contractor shall not be held liable should the client or third parties undertake changes to the delivered merchandise.

 

Regarding electronic data and data transfer

The contractor assumes no responsibility for data delivered by the client (via data storage media or Internet) that is defective as regards content, is qualitatively inadequate, or incomplete. Furthermore, no liability shall be assumed for delivered data that cannot be processed or used in the standard processes, thus resulting in qualitative deficiencies in the printed product. The contractor shall assume no liability for data loss of the delivered data and data to be further processed. The contractor’s liability shall be limited to errors caused by the contractor.

 

Data storage

The print data shall be stored for one year after delivery of the merchandise. Data storage media supplied by the client shall not be returned, unless otherwise agreed. The risks involved in producing an error-free preparation at a later date, especially due to changing processing technologies, shall be borne by the client.

 

Storage of work documents

There shall be no obligation to store work documents (files, negatives, colour abstracts, photo lithographs, sample films, typesetting, copies, and tools) unless otherwise agreed in writing.

 

Proof and test documents (printing proof)

The client shall be obligated to check the proof and test documents submitted to him (press proofs, proofs, plots, copies, files, etc.) for errors before the final completion of the contract, and to return them within the agreed time period with instructions for any necessary corrections. The contractor shall not be liable for errors overlooked by the client.

 

Place of performance and jurisdiction

The place of performance for both parties shall be 8595 Altnau/TG. The lawful courts of the place of business shall be responsible for the settlement of disagreements in as far as no other arrangement has been made. This agreement shall be governed by Swiss law.

 

Severability clause

Should one or more of the above-named provisions become entirely or partially invalid, all other provisions shall remain unaffected. The ineffective provision(s) shall be replaced by lawful regulations.

 

 

In accordance with the Regulation on Consumer Online Dispute Resolution

Link to the European Commission platform

 

 

 

In accordance with the Consumer Dispute Resolution Act (VSBG)

Link to the General Consumer Arbitration Board

 

 

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
D-77694 Kehl am Rhein

 

 

As at: January 2017