General terms and conditions of business
I. General, scope
a) The following general terms and conditions (hereinafter “Terms and Conditions”) regulate the contractual relationship between BVD Druck+Verlag AG (hereinafter “BVD”) and all persons, natural and legal, who use BVD’s Internet offering (hereinafter “Buyer”). Conflicting or deviating conditions of the buyer are only binding if BVD has acknowledged them in writing.
b) These General Terms and Conditions apply to all orders placed by the buyer. The buyer agrees to the following terms and conditions by sending digital data, data carriers or films to BVD, handing them in at our headquarters in Schaan or in the corresponding labeled field in our ordering software "read" (I hereby accept the general terms and conditions.) or similar clicks.
c) The General Terms and Conditions apply to the use of the website www.balleristo.ch as well as all subdomains belonging to this domain.
d) BVD reserves the right to change the General Terms and Conditions at any time. The version valid at the time the contract is concluded is always authoritative.
II. Conclusion of contract
a) By clicking the order button, the buyer places a binding order for the goods contained in the shopping cart. Before final submission, the buyer has the opportunity to check the accuracy of his entries and correct them if necessary on an overview page.
b) BVD is entitled to accept this offer by sending an order confirmation. The order confirmation will be sent by email. BVD reserves the right to reject received orders within 48 hours if it suspects that a print motif violates the rights of third parties or legal regulations.
As a rule, an order is processed on the same or the following working day.
III. delivery and shipping
a) Delivery takes place by sending the goods to the address provided by the buyer. The billing address and the delivery address may be different.
Shipping usually takes place within 5 to 7 working days of receipt of the order confirmation by the buyer. Delivery times and dates are only binding if they have been expressly confirmed as such by BVD in writing.
b) If it happens that a product is currently not available, the buyer will be notified by email.
c) Deliveries are made by a shipping service provider chosen by BVD. The costs for packaging and transport insurance are included in the shipping costs, which are to be paid at the same time as paying for the goods during the ordering process.
Deliveries outside Liechtenstein and Switzerland are processed via balleristo.com.
d) For technical reasons it may happen that an order has to be split into several packages. The delivered goods must be inspected by the buyer for damage immediately upon receipt. Any defects must be reported immediately in writing (by email to info@balleristo.com, or by letter), otherwise the goods are deemed to have been accepted.
IV. Range and prices
a) The range is constantly adapted to technical developments.
b) The prices are displayed as gross prices, i.e. including VAT. The shipping costs are calculated according to point III. shown separately in the invoice.
c) The prices and the shipping costs charged to the buyer may change from time to time. The buyer can find the current range and current prices (including shipping costs) on the website at www.balleristo.ch
Special promotions and individual agreements remain reserved.
V. Payment, due date, late payment
a) Payment is made in advance, at the buyer's choice, by purchase on account via Powerpay, credit card or PayPal. BVD reserves the right to change the selection of payment methods depending on the order value, shipping region or other objective criteria.
The following applies to the individual payment methods:
PayPal:
The buyer pays the invoice amount via the online provider PayPal. He must always be registered there or register first, legitimize with his payment data and confirm the payment order to BVD.
VI. Retention of title
The goods remain the property of BVD until full payment has been made.
VII. Right of withdrawal
BVD is entitled to withdraw from the contract at any time without giving reasons. BVD can also withdraw from an outstanding part of the delivery or service if incorrect information has been provided about the creditworthiness of the buyer or there are objective reasons for the buyer's inability to pay. Before withdrawing, the buyer is given the opportunity to make an advance payment or provide suitable security.
Irrespective of any claims for damages, in the event of a partial withdrawal, services already rendered are to be invoiced and paid for in accordance with the contract.
VIII. Warranty
a) Information, illustrations, technical data and dimensions contained on the website, in catalogs or on price lists are of a purely informative nature. BVD assumes no liability for the accuracy of this information. With regard to the type and scope of the service, only the information contained in the order confirmation is decisive.
b) If the goods are defective upon receipt, the buyer has the choice of whether subsequent performance is to take the form of a replacement delivery or a refund. In any case, the buyer must return the defective goods to BVD, with the shipping costs being borne by BVD.
c) Spelling errors entered by the buyer, insufficient quality images (e.g. due to insufficient resolution of digital images), self-inflicted design errors (e.g. due to non-observance of warnings when designing photo products) as well as wrong product selection, wrong order quantities or others are excluded from any guarantee Defects caused by errors when entering the order.
d) In principle, the 2-year warranty, which is mandatory under EU law , applies to material defects or goods that do not have the properties described in the advertisement.
IX. Limitation of Liability
a) BVD's liability is otherwise governed by the statutory provisions unless these General Terms and Conditions regulate otherwise. In principle, BVD is only liable, regardless of the legal basis, for intent and gross negligence. BVD is only liable for minor negligence in the event of personal injury.
The limitations of liability in these General Terms and Conditions also apply to the personal liability of BVD's employees and vicarious agents.
b) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. BVD is therefore not liable for the availability of the internet shop at all times.
C) BVD does not sell alcohol in the form of a beer keg under the age of 18. By ordering a beer keg, the customer undertakes to ensure that the delivery is accepted by an adult. This applies to personal acceptance in the case of delivery by delivery services as well as in the case of deposit in front of the door.
X. Transport damage
a) If goods are delivered with obvious transport damage, the buyer should complain about such defects to the deliverer as soon as possible and please contact BVD immediately (by e-mail to info@balleristo.com or by telephone at +423 236 18 58 ).
b) The risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the buyer upon delivery to the shipping service provider.
XI. Right of withdrawal
a) The buyer has the right to cancel the contract with BVD within fourteen days of receipt of the goods without giving reasons.
b) If the buyer wishes to make use of his right of withdrawal, he must clearly inform BVD in writing (by e-mail to info@balleristo.com) within the withdrawal period. In this case, the contract will be reversed, with the costs for returning the goods being borne by the buyer. After receiving the goods, BVD will refund the payments received to the buyer.
c) There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the buyer is decisive or are clearly tailored to the personal needs of the buyer.
XII. software
a) All software that is accessible in the online area of BVD or provided by BVD or provided with the BVD label downloaded as well as the programs contained on the BVD photo CD-ROM are the property of BVD or its suppliers and are protected by copyright. The buyer may only download the software onto his computer or mobile device (e.g. tablet, mobile phone) that he needs to carry out the order and only use it to process the order.
b) The complete or partial downloading of content of the website that has not been explicitly released for downloading is not permitted without the express consent of BVD.
XIII. Copyrights in print designs, release of liability
a) If the buyer transmits his own motif or otherwise influences the goods (individualization), he assures BVD that the text and motif are free of third-party rights. In this case, any infringements of copyright, personality or name rights are borne entirely by the buyer. The buyer also assures that he does not violate any other rights of third parties by customizing the goods.
b) The buyer shall fully indemnify and hold BVD harmless from all demands and claims that are asserted due to the violation of such rights of third parties.
XIV. Technical and design deviations
When fulfilling the contract, BVD expressly reserves the right to deviate from the descriptions and information on the website, in catalogs and the price list with regard to material properties, colour, dimensions and design, insofar as these are reasonable for the buyer.
Due to the new printing techniques, BVD cannot guarantee the durability of the print when using the goods on certain surfaces (asphalt, hard court rubber, etc.).
XV. data protection
a) BVD processes the buyer's personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods will be used by BVD to fulfill and process the contract. This data is treated confidentially by BVD and not passed on to third parties who are not involved in the order, delivery or payment process. The buyer has the right, upon request, to receive information free of charge about the personal data stored about him by BVD. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a statutory retention requirement to the contrary.
b) Consent to these General Terms and Conditions includes consent to the processing of the buyer's personal data.
c) The website www.balleristo.com uses Google Analytics, a web analysis service provided by Google Inc. (hereinafter "Google"). Google Analytics uses so-called "cookies", text files which are stored on the buyer's computer and which enable an analysis of the Allow the buyer to use the website. The information generated by the cookie about the use of this website by the buyer is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, the IP address of the buyer will be shortened beforehand by Google within member states of the European Union or other contracting states of the European Economic Area.
Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the buyer, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by the buyer's browser as part of Google Analytics is not merged with other Google data.
The buyer can prevent the storage of cookies by setting his browser software accordingly; However, BVD points out to the buyer that in this case the buyer may not be able to fully use all of the functions of this website. The buyer can also prevent the data generated by the cookie and related to his use of the website (including the buyer's IP address) from being sent to Google and the processing of this data by Google, which is available under the following link Download and install browser plugin: http://tools.google.com/dlpage/gaoptout?hl=de. (further information can be found at http://tools.google.com/dlpage/gaoptout?hl=de or https://goolge.li/intl./de/policies)
XVII. Original text
The General Terms and Conditions are written in German. In the event that translations are made of this in another language, the German version is authoritative in the event of contradictions.
XVI. Place of performance, choice of law, place of jurisdiction,
a) The place of performance for all services is the registered office of BVD in Schaan, Liechtenstein.
b) All disputes arising from this legal relationship are subject to the law of the Principality of Liechtenstein. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her personal residence. The validity of UN purchasing law is excluded.
c) The place of jurisdiction for all disputes arising from this contract is generally at the registered office of BVD in Schaan, Liechtenstein. However, BVD reserves the right to sue the buyer at their place of residence or registered office. For consumers, this jurisdiction clause only applies to the extent that non-mandatory provisions of the law of the country in which the consumer has his/her personal residence require a different place of jurisdiction.
d) If a provision of these General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these General Terms and Conditions remain unaffected, unless the omission of individual clauses would put one contracting party at such an unreasonable disadvantage that it would no longer be able to adhere to the contract can be expected.
These General Terms and Conditions come into effect on December 11, 2014