1. Scope of application and contracting parties
The following General Terms and Conditions (GTC) apply to all orders placed by consumers and professionals (customers) with our online store.
The customer’s contractual partner is Torche Webmarketing, Ch. des Champs aux Oyes 1, 1438 Mathod.
If the professional applies general conditions opposite or complementary to the present ones, their validity is contested by the present ones. Any conflicting or additional terms and conditions will only become part of the contract if we expressly agree to their validity.
2. Conclusion of contract
By presenting products in the online store, we are making you a binding offer to conclude a contract for these items. First, you can place a product in the shopping basket without obligation, and then check and correct your data before sending your firm order. The contract is concluded as soon as you accept the offer by clicking on the “Buy” button. No minimum order is required.
The language of the contract is French.
3. Execute print job order
3.1 Requirements for print data and printed products
Print data must correspond to the specifications indicated on the relevant product page. These specifications form an integral part of the contract.
The contents of the print data and the resulting printed products must not infringe the rights and claims of third parties, particularly with regard to copyright, violate applicable laws and regulations, be discriminatory or undermine general equality of treatment, be harassing, offensive, obscene or inappropriate in any way, be racist, xenophobic, sexist, promote violence, or be of any other immoral or unconstitutional nature, or pursue any such objectives.
In the event of infringement of the rights of third parties as a result of the execution of the print order, you release us from all liability for all claims and demands for damages that may result, including the costs of legal proceedings, upon provision of proof. Our right to terminate the contract in accordance with article 8.1 remains unaffected.
3.2 Creating and transmitting print data
Once you’ve placed your order or accepted our quote, we’ll contact you to discuss the visual to be printed. We take care of the visual design and provide you with a digital proof.
Once the digital proof has been validated, we start printing, after which no subsequent changes can be made to either the order or the printed visual.
4. Information on the right of withdrawal
The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for which the personal choice of the consumer and the intended purpose determine the manufacture, or in the case where these are clearly adapted to the individual needs of the consumer.
As the products offered on our website are all personalized products, there is no right of withdrawal,
5. Delivery and transfer of risk
5.1 Shipping
Delivery is made by dispatch or by collection of the goods by the customer at our premises, located at the following address: Versant Web Communication, Rte de Lausanne 17, 1400 Yverdon-les-Bains.
Delivery is made to the building entrance of the delivery address indicated.
5.2 Delivery times
Our delivery times are calculated from the validation of the digital proofs supplied and from the moment full payment is received (see point 6 “Prices and methods of payment”). More detailed information on delivery times can be found on the relevant product page.
5.3 Transfer of risk and transport damage
The following provisions apply to the consumer: if the delivered goods show obvious damage, please report this immediately to the delivery person and contact us immediately so that we can quickly offer you a solution. Failure to report defects or to contact us does not affect your statutory rights. However, it does help us to assert our rights against the carrier or transport insurance.
The following elements cannot be considered as damage implying any commitment on our part:
- Less than 10% of all Drop Stop cellophane or paper packaging partially folded or dehorned.
For complaints, see point 7 “Complaints”.
6. Prices and payment methods
6.1 Price validity, currency
The applicable prices are those valid at the time of the order. Promotional offers and vouchers cannot be redeemed at a later date.
If you would like to order prints exceeding the selectable quantities, you can make a non-binding inquiry about feasibility, price, ordering and delivery in our online store using the form ” Request for quotation “.
We invoice in Swiss francs and accept payment in Swiss francs only.
6.2 Shipping costs
In Switzerland, standard shipping costs CHF 7.
In the order process, you can choose to collect your order from our premises (see point 5.1 “Shipping”).
If, for reasons for which you as the customer are responsible, we are obliged to reship the goods, you will be charged for the costs incurred. The same applies if the delivery address has been changed at your request after the contract has been concluded, resulting in higher shipping costs or even additional charges (e.g. if the change takes place after the goods have been dispatched).
6.3 Payment methods and due dates
The payment methods indicated during order processing apply.
When you request a quote via our form, we can offer you payment by invoice (payment in advance).
Unless otherwise agreed, payment is due on the day the contract is concluded.
7. Billing
7.1 Electronic billing
As soon as the goods have been dispatched, we will send you an electronic invoice in PDF format to the e-mail address you provided when you placed your order. We do not issue paper invoices.
7.2 Recipient of the service
Invoices are issued in the name of the recipient of the service mentioned in the order. Subsequent requests for changes cannot be considered unless they are justified by incorrect addressing. Consequently, it is not possible to transcribe the invoice for the benefit of another recipient.
8. Right of cancellation, blocking of a customer account
8.1 Contract termination
We reserve the right to terminate the contract.
- if you fail to meet the deadline for transmitting your print data despite receiving an e-mail reminder,
- sf you fail to pay the purchase price on time despite receiving an e-mail reminder,
- if the print data does not meet the requirements defined in article 3.1,
- if there are reasonable grounds for suspecting that the print order has been placed in the name of a prohibited organization or a sanctioned natural or legal person (CFSP lists),
- if the execution of the print order is contrary to our corporate philosophy and values, which you will find in the company presentation,
- the item you have ordered is not available due to non-delivery by our trusted supplier, through no fault of our own and despite the existence of a binding and appropriate delivery contract with the supplier concerned. In this case, we will inform you as soon as possible. We will refund any payments already made as soon as possible,
- events beyond our control occur, making delivery considerably more difficult or preventing it over the long term (more than 30 days) for the reasons listed below. Should such an event occur, we will inform you as soon as possible. We will refund any payments already made as soon as possible. You also have the right to withdraw from the contract on these grounds. These provisions apply without prejudice to those relating to any contractual liability set out in point 12.
- Unforeseeable and irresistible force majeure events, such as insurrections, strikes, wars, fires, natural disasters, epidemics, energy or raw material shortages, etc.
- Unforeseeable and irresistible malfunctions on our premises or those of our suppliers
- Unforeseeable measures taken by the authorities and/or unforeseeable obstacles due to national or international regulations
- Unforeseeable and considerable difficulties in obtaining official authorizations, particularly for imports and exports
8.2 Blocking the customer account
We reserve the right to permanently block your customer account for future orders if there are serious grounds for believing that the print data or printed products contain prohibited content within the meaning of article 3.1 or that the print order was placed on behalf of a prohibited organization.
9. Claims handling, warranty rights
9.1 Consumer warranty rights
Deliveries of up to 5% less or more than the quantity ordered are possible due to the printing process. They do not constitute a lack of conformity.
If you fail to report a defect within within 10 days of receipt of goodsIn this case, the goods are considered approved, unless the defect cannot be identified at the time of inspection. This does not apply to defects which we have fraudulently concealed.
If the delivered item is defective, we can choose between subsequent performance by eliminating the defect (repair) or by delivering a defect-free item (replacement).
You must give us the time and opportunity necessary for the subsequent performance due, in particular by handing over the goods complained of for inspection.
9.2 Handling complaints
Without prejudice to your warranty rights as described in article 9.1 of these GCS, we may offer you, in the event of defective delivery, a reprint, a total or partial refund corresponding to the proportion of defective goods in the form of a voucher.
10. Liability
We shall be liable, without limitation or restriction and subject to compliance with statutory limitation periods, for damage caused by us, our servants or agents in the following cases:
in the event of injury to life, limb or health,
- in the event of injury to life, limb or health,
- in the event of gross negligence or wilful misconduct causing contractual non-performance,
- in the event of a special agreement between the parties,
In the event of a breach of an essential contractual obligation, compliance with which is indispensable for the performance of the contract and without which the contractual partner would not have entered into the contract (essential obligation), due to slight negligence on our part, or on the part of our servants or agents, we shall only be liable for the amount of damage foreseeable at the time the contract was concluded and the occurrence of which can typically be expected.
With the exception of the aforementioned cases, our civil liability is excluded.
As the buyer, you are solely responsible for the data you transmit (print data, addresses for customizing print products, billing and delivery addresses). We therefore accept no liability for the accuracy of the above data.
In the event of infringement of the rights of third parties as a result of the execution of the order, you shall be obliged to indemnify us against all claims and demands for damages which may result therefrom, including the costs of legal proceedings upon provision of proof. This applies in particular in the event of non-compliance with the print specifications referred to in article 3.1, or if you are not authorized to use the data you have transmitted. Our right to terminate the contract in accordance with article 8.1 remains unaffected.
11. Copyright
If we provide conceptual services as part of the order, the resulting works (sketches, drafts, test prints, printed products, etc.) are protected by copyright. We grant you a simple, non-exclusive, time-limited right of use under the conditions and for the purposes set out in the contract. You can use the protected work to design your own templates for printing, provided we are responsible for printing. Other rights of use, in particular reproduction, distribution, publication, broadcasting, video and audio rights, require a separate written agreement if they do not correspond to the purposes agreed in the contract.
12. Applicable law and jurisdiction
Swiss law applies.
13.06.2022
Torche Webmarketing
Ch. des Champs aux Oyes 1
1438 Mathod
Suisse
Email : info@dropstop-print.ch
phone: +41 24 519 00 31
Monday to Friday: 9am to 4pm, excluding Swiss public holidays