All offers and sales of Prodinger Verpackung AG (hereinafter referred to as us/our) are subject to the following General Terms and Conditions (GTC). These GTC apply exclusively to the legal relationship between us and our customers. They form an integral part of the contract. Deviating provisions, in particular the customer's purchasing provisions, shall only become part of the contract if they have been expressly agreed in writing.
Our offer is aimed exclusively at commercial customers who purchase and use the goods in the course of their professional, commercial or official activities. The offer is subject to change.
Samples requested by the buyer will be invoiced if no order is placed.
The presentation of the goods in the online store and in the catalog does not constitute an offer in the legal sense. By placing an order, the customer submits an offer to conclude a contract. This can be done by telephone, letter, e-mail or in the online store. The contract is concluded with our written order confirmation, which we send to the customer by the usual commercial means (e-mail, letter, fax). Our written order confirmation is decisive for the scope and execution of the delivery. In the event of any discrepancy between the order confirmation and the customer's order, the order confirmation shall take precedence unless the customer objects immediately. Additions and amendments shall only become binding upon our written confirmation.
The presentation of the goods in the online store and in the catalog does not constitute an offer in the legal sense. The framework agreement shall become binding upon signature by the customer. Additions and amendments shall only become binding upon our written confirmation. The customer shall receive an order confirmation for each individual call-off order / partial delivery. Our written order confirmation is decisive for the scope and execution of the delivery.
All prices are quoted net in Swiss francs, excluding statutory VAT and shipping costs. The offsetting and/or withholding of payments of counterclaims disputed by us or not legally established is excluded. Invoicing of the goods shall correspond to the quantity delivered.
We expressly reserve the right to change prices within the following framework. Additional costs that may arise after our order confirmation, e.g. due to price increases from third-party suppliers, raw material prices or energy costs, customs, freight or currency measures, levying of fees, VAT or other charges, shall be borne by the customer. These shall be borne by the customer.
Subject to clause 3.1, only the prices stated in the order confirmation shall apply.
In the case of framework agreements, the price at the time of the respective dispatch of goods shall apply in accordance with the price published in the customer account of the online store. The price shown in the framework agreement can therefore be adjusted retrospectively, in particular in accordance with section 3.1 above.
Payment can be made on account or in advance. If the payment method prepayment is selected, we will provide the customer with our bank details in the order confirmation. Purchase on account can only be selected after a successful credit check. We reserve the right to exclude individual payment methods due to poor payment experience.
Our invoices are payable in full within 30 days of the invoice date. If the agreed payment dates are exceeded, interest on arrears of 5 % shall be owed from the due date without an express reminder. If the agreed payment date is exceeded by more than 30 days or if we have repeatedly had bad payment experiences with a customer, we are entitled to impose a delivery block until the outstanding amounts have been paid in full.
Deliveries are made free domicile from a value of goods of CHF 350. If the value of the goods is lower, the minimum delivery costs are CHF 25. If the delivery costs are higher, the customer will be informed before delivery and must confirm this.
Exchange pallets must be exchanged immediately upon delivery or returned carriage paid to the seller's domicile.
Delivery shall be made to the address specified by the customer. If the customer has provided an incorrect, incomplete or unclear delivery address, he shall bear all costs arising therefrom. If the customer is in default of acceptance, we are entitled to store the goods on our premises and to charge the customer for the storage fees incurred and at the same time to insist on fulfillment of the contract or to withdraw from the contract after setting a reasonable grace period and to dispose of the goods elsewhere. In the event of withdrawal from the contract, the costs incurred due to non-fulfillment of the contract shall be paid by the customer. Subject to the reversal of any payments made, the customer shall have no claim to compensation.
The delivery time stated in the order confirmation is a non-binding guideline and begins upon receipt of the order confirmation, but not before receipt of the information to be provided by the customer for shipment and, if payment in advance has been agreed, not before receipt of payment.
If a binding delivery period has been expressly agreed, this shall only be valid if the delivery of goods is not prevented by unforeseeable and unavoidable events that are beyond our control and that could not have been avoided by us under the given circumstances by reasonable and appropriate means. These include in particular force majeure, mobilization, war, riots, strikes, lockouts and lockouts, epidemics, pandemics and accidents, natural disasters, transport delays, official import, export or transit bans, shortages of raw materials and late or defective deliveries from our suppliers. In this case, the delivery period shall be extended by a reasonable period of time. If we are in default due to a bindingly agreed deadline, the customer must set a reasonable deadline for subsequent fulfillment. The customer is not entitled to compensation or termination of the contract due to late delivery.
In the case of framework agreements, the confirmed contractual quantity must be called by the customer within one year of the date of the framework agreement at the latest. Quantities not purchased shall be delivered one month after expiry of the contract following prior written notification.
We are entitled to withdraw from delivery obligations entered into if the customer's financial situation has deteriorated significantly since conclusion of the contract or presents itself differently than it was presented to us. Subject to the reversal of any payments made, the customer shall have no claim to compensation.
We reserve title to the delivery items until they have been paid for in full. We are authorized to have the retention of title entered in the statutory register at the customer's place of business.
We only guarantee the specifications agreed in writing in the order confirmation.
Warranty claims are only possible if the quality, workmanship and design of the goods exceed or fall below the tolerances customary in the industry and trade. Excluded from the warranty are in particular deviations in color nuances and quality of the material or the printing inks. Quantity deviations of +/10 % (+/20 % for print runs of up to approx. 1000 units) are customary in the industry and cannot be objected to. In the case of printed products and custom-made products, excess or short deliveries of up to 25 %, color deviations, technically necessary changes to the print status and other production-related deviations are unavoidable and cannot be objected to. The "Good to print" signed by the customer is solely authoritative for the print production. Excluded from the warranty are damages due to environmental influences, natural wear and tear/condition/durability of the goods, wearing parts, inadequate maintenance, disregard of operating instructions, incorrect/improper operation, excessive use, unsuitable operating materials and other reasons for which we are not responsible. The warranty shall lapse if the customer or a third party makes changes or repairs to the delivery without our written consent, or if the customer does not immediately take suitable measures to prevent the damage from becoming more serious and to enable us to rectify the defect.
The warranty period is 12 months from the transfer of risk. Notification of defects must be made in writing within 5 working days at the latest, including a description of the defect; complaints regarding quantity must be made within one day of receipt of the goods, otherwise the goods shall be deemed approved and free of defects.
In the case of defects notified in due time, we can provide the warranty - at our discretion - in one of the following ways:
If we approve the return of goods, they must be sent to the address we have provided. The costs for the corresponding return shipment shall be borne by us. Replaced parts from a warranty case recognized by us must be returned to us. All further and in particular the statutory warranty provisions are excluded. No further claims can be asserted. Claims for damages on the part of the purchaser due to defects, delayed delivery or other legal grounds are expressly excluded.
Tools, molds, clichés, etc., which are produced for custom-made products of the customer, remain the property and possession of us even if their production is charged to the customer in whole or in part. They will not be kept for longer than two years for any follow-up orders.
Benefit and risk shall pass to the customer at the latest upon departure of the goods from the business and storage premises. This also applies to deliveries free domicile or if the delivery is made under a similar clause. If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the date of readiness for dispatch and notification thereof to the customer.
Liability for slight negligence is excluded in full. In particular, we shall not be liable for loss of profits, indirect damage, loss of production, loss of use, loss of orders, consequential damage or disadvantages resulting from instructions or specifications of the customer or suppliers prescribed by the customer, delays in delivery and delays regardless of the cause and claims of third parties. Claims other than those specified in these GTC, irrespective of the legal grounds on which they are based, are excluded. All limitations of liability shall also apply to our vicarious agents.
In any case, liability shall be limited to the net value of the goods ordered, to the extent permitted by law. Further claims are excluded.
The customer alone is liable for the print content and all legal consequences thereof, this applies in particular to industrial property rights and copyrights. All print documents provided must be free of third-party rights. If a print image results in additional costs or obligations (e.g. Green Dot), the client shall be exclusively liable for this.
We reserve all rights, in particular ownership and all intellectual property rights, to the documents belonging to the offer as well as drawings, aids, samples, information (including the technologies and know-how on which the goods are based) and other documents made available to the customer. These documents may not be reproduced or made accessible to third parties or used and distributed for purposes other than those agreed.
The protection of our customers' data is a key concern for us. We therefore regulate data protection transparently in the data protection declaration, which can be accessed at any time on our website (link: prodinger.ch/data-protection). The principles set out therein also apply to the customer's data collected within the scope of the contractual relationship.
Should one or more provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace ineffective or unenforceable provisions immediately with effective provisions that come closest to the economic purpose of the ineffective provisions. The same applies in the event of a gap in the contract. We reserve the right to make changes to these GTC at any time. The version of these GTC valid at the time of the order shall apply, which cannot be unilaterally amended for this order.
Swiss law shall apply exclusively to all disputes arising from the relationship between the customer and us. The United Nations Convention on Contracts for the International Sale of Goods (so-called Vienna Sales Convention) of April 11, 1980 shall not apply to this contractual relationship.
The place of performance and exclusive place of jurisdiction is Liestal, Canton BL. Deviations from these General Terms and Conditions of Sale and Delivery must be made in writing.
VersionJune 1, 2024
