GTC

General Terms and Conditions (GTC) of Vimando AG

Your contractual partner for all orders within this internet offer is the

Vimando AG
Bächaustrasse 61
8806 Bäch SZ
Schweiz

1. General Provisions

All contracts with Vimando AG are concluded exclusively on the basis of these General Terms and Conditions (GTC) in the version valid at the time of the order. Provisions that deviate from these terms and conditions require written agreement or written confirmation by Vimando AG. Any regulations deviating from these terms and conditions are hereby expressly rejected.

2. Contractual Services and Contractual Relationships

The presentation of the services, in particular in brochures, advertisements and on the Internet, does not yet constitute a binding offer by Vimando AG. A contract shall only come into effect upon written confirmation of the order by Vimando AG or upon commencement of the execution of the contract by Vimando AG. Subsidiary agreements, amendments and supplements are only valid if confirmed in writing by Vimando AG. Vimando AG reserves the right to reject customer orders in individual cases. In particular, customer orders can be rejected if the order deviates from the requirements specified by Vimando AG or if the customer is known to be unworthy of credit. The dispatch of the ordered goods or an invoice to the customer is equivalent to an explicit declaration of acceptance.

3. Responsibility for the Offer

The processing of delivered data and image products of the customer is carried out by Vimando AG within the scope of a technically automated procedure without any manual preliminary check and correction. By uploading a picture, the customer guarantees that he has all copyrights to the picture and that he/she is free of third party rights. In particular, the customer guarantees that the picture does not infringe any trademark rights or other property rights of third parties. Furthermore, the customer guarantees that an uploaded picture does not violate applicable law, in particular the regulations for the distribution of pornography and insult. 

4. Procedure for Orders Vimando Shop www.vimando.com

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The products selected by you via the button "Add to shopping cart" will be summarized once again in an order overview at the end of the ordering process. Here you can check all the information provided during the ordering process and add or correct it by clicking on the "back" button. By clicking on the button "Order now subject to a fee" you send your order data and declare bindingly to Vimando AG that you want to purchase the listed products (offer). We will automatically accept your offer upon receipt of your order. Immediately after submitting your order, you will receive an order and contract confirmation by e-mail, in which the details of your order are listed again. The text of your order will be saved by us and can be sent to you upon completion of your order on request .

5. Delivery and Shipping

(1) Vimando AG delivers within the EU and several other Countries.

(2) The maximum delivery time is three weeks from the conclusion of the contract. Usually the order will be processed and shipped within 3 days .

(3) In the event of an unlikely violation of the period specified under (2) the customer will be informed by Vimando AG immediately and in writing upon expiry of the period. The customer can then also immediately make use of his legal right of withdrawal/revocation in text form .

(4) A claim of the customer for compensation for damages due to delay in performance is excluded insofar as the delay was not caused by Vimando AG either intentionally or through gross negligence. 

(5) The conclusion of the contract is subject to timely and complete delivery. This shall only apply if Vimando AG is not responsible for the non-delivery. Vimando AG will immediately inform the customer of the non-availability of the service. The consideration already paid will be refunded if necessary.

(6) We are entitled to make partial deliveries .

(7) In the unlikely event of unavailability of production equipment required for your order, we will inform you immediately and, if possible, give you an approximate delivery date. 

(8) In the case of deliveries to another location, the risk of accidental loss or accidental deterioration shall pass to the customer at the latest upon handover to the commissioned transport company. This also applies if Vimando AG has assumed the costs of the transport.

6. Acceptance and default of acceptance

The customer is obliged to accept the goods. If the customer does not accept the goods even after a reasonable period of grace, Vimando AG is entitled to claim damages in the amount of 20% of the agreed price, unless the customer proves that Vimando AG has incurred only minor damage. The costs for refused or uncollected shipments will be charged to the customer.

7. Prices

The indicated prices are to be understood as dealer purchase prices for all customers from EU states and the countries Switzerland and Liechtenstein.

8. Payment Methods

8.1 Purchase by credit card

Credit card payments are processed by the third-party provider Saferpay. The payment process then follows Saferpay's terms and conditions.

8.2 Purchase with PayPal

In the case of a PayPal payment, you will be automatically forwarded to the PayPal payment service after completing the order process. The payment process will then be governed by PayPal's terms and conditions.

8.3 Purchase on account

The payment method purchase on account requires, among other things, a successful credit assessment by a credit agency of our choice.

8.4 Purchase on monthly collective invoices

The payment method purchase on a monthly collective invoice requires, among other things, a successful credit check by a credit agency of our choice and is exclusively granted to proven dealers.

9. Retention of Title; Compensation ; Right of Retention

9.1 The delivered goods remain the property of Vimando AG until the purchase price has been paid in full. In addition, Vimando AG retains title to the delivered goods until all claims arising at the time of conclusion of the contract, including all claims arising from follow-up orders and repeat orders (hereinafter referred to as "total claim") have been fulfilled. The corresponding security interests are transferable to third parties.

9.2 You are only entitled to a right of set-off if your counterclaims are legally binding or undisputed or acknowledged by us. In addition, you have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.

9.3 If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.

10. Complaints

10.1 If you are a merchant, you must inspect the works immediately after delivery within the normal course of business and, if necessary, notify us immediately in writing.

10.2 In all other cases, in the case of obvious defects, notification of defects shall only be admissible within one week. The calculation of the time limit shall be based on the date of delivery and the date of receipt of the complaint letter.

10.3 In the event of complaints, all documents pertaining to the order must be made available to us. Otherwise, an immediate inspection and processing of the complaint is not guaranteed.

10.4 Defects in one part of the delivered goods do not entitle you to complain about the entire delivery, unless a partial delivery is of no legitimate interest to you.

10.5 In the event of errors and printing or transmission errors for which Vimando AG is not responsible and which entitle Vimando AG to contest, the customer may not claim damages as a result of the contest.

11. Guarantee

11.1 Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only.Vimando AG does not guarantee the accuracy of this information. With regard to the type and scope of the delivery, only the information contained in the order and the order confirmation shall be decisive. There is no warranty for the fading or water resistance of printed products. Vimando AG expressly points out that the printed matter is intended exclusively for use in closed rooms. The designations and specifications specified at the time of conclusion of the contract represent the state of the art at that time. Minor technical deviations from the advertised goods (in particular image cutting and colourfulness of the printout) of the delivered goods are permissible and do not constitute a defect, as long as they are within the commercial scope and the contractual purpose is not significantly restricted. Images that are cropped may, as is customary in the commercial frame, deviate slightly, but not significantly, from the specified sizes. Slight, commercially available differences in colour in the printout can occur if the customer's monitor is calibrated differently and not colourfast. Black / white prints can contain a small, commercially available color cast due to the color print. Complaints, credit notes and replacement prints in this respect are excluded, unless the deviation is outside the customary commercial scope. Similarly, there is no defect if a loss of quality is caused by poor quality of the image files transmitted by the customer (e. g."resolution" of the original image files). In the case of justified complaints, Vimando AG has the right to make a new production or repair within a reasonable period of time. If the new production or the rectification of defects fails, you can demand cancellation of the contract or reduction of the remuneration.Credit notes issued will only be offset against new orders. There is no cash payment.

11.2 Warranty or guarantee claims do not exist for defects which are based on assembly errors as well as interventions or repairs by the customer. This also applies to natural wear and tear, temperature and weather influences as well as to the use of unsuitable accessories, unless Vimando AG is responsible for these effects.

12. Terms of Delivery

Unless otherwise agreed, delivery will be made to the delivery address indicated by you. After delivery, you will receive an e-mail from Vimando AG or one of our shipping partners with the option of tracking and tracing. Delivery is free of charge, Vimando AG charges a handling fee per order for the entire handling.

13. Right of Withdrawal

We would like to point out that for products of Vimando AG with a freely selectable size, equipment, refinement or detail design ("individual product") a right of revocation is excluded, as the created works are individually manufactured according to your specifications and are tailored to your personal needs. For individual products, a right to revoke the order in accordance with § 312 d para. 4 No. 1 BGB (German Civil Code) is excluded (right of revocation and return for distance contracts).

14. Liability

Vimando AG shall only be liable for damages other than those caused by injury to body, life and health if this is based on a culpable breach of essential contractual obligations or on intentional or grossly negligent conduct by Vimando AG or the vicarious agents of Vimando AG. Liability beyond this extent is excluded. The provisions of the Product Liability Act shall remain unaffected.

15. Protection of Privacy

15.1 Vimado AG's privacy practices are in compliance with the provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).Vimando AG uses the data provided by the customer such as name, address, telephone number, fax number and e-mail address exclusively for the processing of the order and other contractual relationships with the customer. For further details, please refer to the data protection information on the website of Vimando AG.

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15.2 Vimando AG does not assume any guarantee for the security and the existence of the data and does not assume any liability for the loss or damage of data or databases. A guarantee is not given even if it has been expressly agreed that data security is of particular importance.

15.3 Claims for damages due to the partial or total destruction of the customer's data are excluded, unless the customer proves gross negligence or intent on the part of Vimando AG in dealing with the data.

16. Online Registration, Access Data

16.1 In order to use the Vimando AG website, registration of the customer and storage of the data provided by him/her is mandatory. After registration, a user account will be set up for the customer. The customer shall be informed of the necessary access and usage data (hereinafter including the password "access data"). Vimando AG is entitled to change the customer's access data at a later date. In this case, the customer will be informed immediately of the new access data.

16.2 The customer is responsible for protecting the access data. He ensures that only authorized employees within his company have access to the access data. The access data must be kept secret and may not be made accessible to third parties unless Vimando AG has given its written consent. The customer shall inform the authorised representatives of the confidentiality obligations provided for in this Clause. The customer is aware that third parties have the possibility to place orders with Vimando AG on behalf of the customer if they know the access data. If the customer establishes or suspects that his access data are being used by third parties, he is obliged to immediately change his access data or, if this is not possible, to inform Vimando AG immediately.

16.3 In case of reasonable suspicion of misuse of the customer's access data, in particular if this was notified by the customer, Vimando AG is entitled to block the access immediately. Vimando AG will inform the customer about the blocking.

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16.4 Vimando AG shall not be liable for damage caused to the customer by misuse or loss of access data, unless the damage was caused intentionally or by gross negligence.

17. Cancellation of the Sales Agreement

17.1 The contractual relationship can be terminated by both parties with a notice period of three months. Notice of termination must be given in writing.

17.2 Vimando AG is entitled to terminate the contractual relationship immediately in case of serious reasons such as data abuse, copyright infringements, etc.

17.3 Upon termination of the contractual relationship, all rights of use and sale granted to the dealer shall be null and void and he shall return all product information to Vimando AG or delete it and confirm this in writing at the request of Vimando AG.

18. Industrial Property Rights

18.1 The dealer is obliged to inform Vimando AG immediately of any visible or threatening impairment of the industrial property rights.

18.2 The dealer undertakes not to attack the industrial property rights of Vimando AG himself, nor to allow third parties to attack them or to support third parties in any way whatsoever in the event of an attack.

18.3 The distributor shall not disclose the trade secrets which become known to him in the course of his sales activities to third parties.

14. Final Provisions

The exclusive place of jurisdiction for all disputes arising from this contract is Schwyz (Switzerland). The same shall apply if a customer does not have a general place of jurisdiction in foreign countries, if a customer has transferred his residence or habitual abode to a foreign country after conclusion of the contract or if his residence or habitual abode is unknown at the time of filing an action. Vimando AG is furthermore entitled to sue the customer at its general place of jurisdiction. The contracts concluded on the basis of these General Terms and Conditions of Business and for claims arising from them, irrespective of their nature, Swiss law shall apply exclusively.

The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.