Terms and Conditions (GTC
1. Scope of Terms
Orders are executed according to the following terms and conditions. Deviating regulations must be in writing.
For the sake of simplicity, the company AKHOF-Print AG is referred to in these terms and conditions. By ordering via online shop, e-mail or telephone, it is a binding order.
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2. Service and Prices ​
The prices stated in the contractor's offer are valid, provided that the order data on which the offer was based remain unchanged. The contractor's prices are finished prices. They include VAT and are valid from AKHOF-Print AG Zurich. However, they do not include the cost of postage.
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3. Payment and Default
Additional costs incurred as a result of non-acceptance of the delivery are billed to the client. The assertion of a higher damage incurred by the contractor remains unaffected. The client is entitled to provide evidence that the contractor has suffered no damage or less damage. The customer can only offset against claims of the contractor with undisputed or legally established claims. In commercial transactions, a right of retention and a right to refuse performance of the buyer is excluded with the exception of undisputed or legally established counterclaims. If the delivery is not accepted, the resulting costs will be charged. If it is necessary to provide extraordinarily large amounts of paper and cardboard, special materials or preliminary work, advance payment can be demanded for this. If the fulfillment of the payment claim is jeopardized due to a deterioration in the customer's financial situation that occurred or became known after the conclusion of the contract, the contractor can demand advance payment and immediate payment of all open invoices, including those that are not yet due, retain goods that have not yet been delivered, and continue work on the customer discontinue ongoing orders. The Contractor is also entitled to these rights if the Client does not make any payment despite a reminder justifying the delay.
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4. Cancellation (withdrawal from contract/cancellation of an order)
Order cancellations are only possible as long as the order is not yet in production. Any material or processing costs incurred may be charged to the client by the contractor.
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5. Delivery
The contractor undertakes the shipping for the client with due care, however, is only liable for intent and gross negligence. The goods are insured according to the respective forwarding conditions of the transport company. Additional insurance will only be taken out at the express written request of the contractor and will be at his expense. Delivery dates are only valid if they are expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date must also be in writing. If the promised delivery date falls on a public holiday, the delivery date is automatically postponed to the next working day.
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6. Complaints
The risk of any errors is transferred to the client with the "OK for printing", as long as they are not errors that only occurred or could be recognized in the production process following the "OK for printing". The same applies to all other release declarations by the customer for further production. Complaints are only permissible within one week of receipt of the goods. In the event of justified complaints, the contractor is obligated, at his option, to rectification and/or replacement delivery, to the exclusion of other claims, up to the amount of the order value, unless a guaranteed property is missing or the contractor or his vicarious agent acted with intent or gross negligence to the burden. The same applies in the event of a justified complaint about the repair or replacement delivery. In the event of delayed, omitted or unsuccessful rectification or replacement, the client can demand a reduction in payment (reduction) or cancellation of the contract (rescission). Conversion is impossible, if the defect only slightly reduces the value or suitability of the delivered goods. Liability for consequential damages is excluded unless the client or their vicarious agents are guilty of intent or gross negligence. If the order involves finishing work or further processing of printed matter, the contractor shall not be liable for the resulting impairment of the product to be finished or further processed, unless the damage was caused intentionally or through gross negligence. If part of the delivered goods is defective, this does not entitle the customer to complain about the entire delivery, unless the partial delivery is demonstrably of no interest to the customer. Minor color deviations from the original cannot be objected to in color reproductions in all printing processes. This also applies to the comparison between the proof and the print run. The contractor is only liable for deviations in the quality of the material used up to the amount of his own claims against the respective supplier. In this case, the contractor relieved of his liability if he assigns his claims against the supplier to the client. Insofar as the claims against the supplier do not exist due to the fault of the contractor or such claims cannot be enforced, the contractor is liable as a guarantor. Excess or short deliveries of up to 10% of the ordered edition cannot be objected to. Charged will be the amount sent.
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7. Safekeeping
safekeeping & Insurance of data carriers, templates, raw materials, print media, files and other items intended for reuse as well as semi-finished and finished products will only be kept beyond the delivery date after prior agreement. This custody requires special remuneration. The contractor is only liable for intent and gross negligence. The items or data described above will be treated with care until the delivery date, provided they are made available by the client. The contractor is only liable for intent and gross negligence. For an insurance of the mentioned If necessary, the contractor must provide objects or data himself.
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8. Copyright
Printed matter and electronic publications are based on the content requirements of the created by the client. The contractor has no influence on their content. The client is therefore liable to the contractor for having suitable rights to use, pass on and publish all transmitted data (including text and image material). Furthermore, the client is liable for the fact that the production of the ordered by him Printed matter does not infringe any property rights or copyrights of third parties and that the printed matter neither contain anti-competitive content nor offend against common decency. Will the Third-party contractors whose rights are exercised through the use of the client's available templates provided are infringed upon, the client shall notify the contractor from all associated liabilities and expenses.
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9. Property
DThe business items used by the contractor to manufacture the contractual product, in particular films, cutting dies, lithographs and printing plates, remain the property of the contractor and are not delivered, even if they are charged separately. We reserve title to the delivered goods until all claims have been met. The customer is only entitled to resell in the ordinary course of business. As part of the retention of title, the customer hereby assigns his claims from the resale to the contractor. The client hereby accepts the assignment.
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10. Place of performance and place of jurisdiction
For all claims arising from the contractual relationship between the client and the contractor, the place of performance and jurisdiction is the contractor's registered office.
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11. Applicable Law, Data Protection, Effectiveness
The contractor is entitled to electronically store and further process the data provided to him by the client. The erasure of data requires the written form. The contractor is then entitled to pass on customer data that result from the contract documents or that are necessary for the execution of the contract to third parties, in particular to banks and contractual partners, insofar as this serves to process the order. The applicable provisions of data protection are observed by the contractor. The law of Switzerland applies, whereby the validity of the uniform international sales law (UNCITRAL agreement) is excluded.
12. Severability Clause
SShould one or more provisions of this contract or the General Terms and Conditions become wholly or partially legally invalid the validity of the remaining provisions shall not be affected thereby. The invalid provisions shall be replaced retrospectively by a provision that is as similar as possible in terms of content and that serves the purpose of the intended regulation comes closest.
Zurich, March 2nd, 2018
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