1. Scope of application
These General Terms and Conditions (“GTC”) apply to all business relations of Sigelcartoon GmbH, Chapf 12, CH-3313 Büren zum Hof (“SC”), with its customers in connection with physical and digital products (e.g. books, calendars, e-books, etc.) and services provided by SC.
SC may amend these GTC at any time; whereby the version published on the SC website at the time of conclusion of the contract shall prevail over all previous versions of the GTC. The application of the customer’s general terms and conditions are in any case excluded.
2. Validity of contract
The presentation of the SC’s product range is not binding and does not constitute an offer to conclude a contract. In placing an order online (by clicking on the “order at charge” button), by email or by any other means, the customer is making a binding offer to enter into a contract. The customer will then receive an order confirmation, which is simply an acknowledgment of receipt of the order and does not imply the acceptance of the request.
A valid contract for physical or digital products is concluded when SC accepts the customer’s offer by sending the ordered product or delivering a dispatch confirmation to the customer. For digital products, the customer’s offer is accepted when a link is made available for downloading or using the product. The contract is concluded only with regard to the products provided or listed in the dispatch confirmation.
If SC is unable to accept the customer’s request, the customer will be informed that the offer has to be rejected. Offers for temporarily unavailable titles are put on hold and will be processed as soon as possible. In case of partial deliveries, the additional shipping costs incurred will be borne by SC.
3. Prices and terms of payment
All prices are quoted in CHF and are subject to change and without VAT, shipping costs or any other additional costs (e.g. import duties). The price quoted on SC's website at the time of submitting the offer shall be relevant for the contract in question.
The purchase price and shipping costs are due upon conclusion of the contract. SC only accepts the payment methods indicated in the order process. Invoices are payable net within 30 days. SC may also demand an advance payment at any time. In this case, the order will only be processed after receipt of payment.
If the customer is in default with the payment of an invoice or any other financial claim, SC may charge default interest of five percent as well as further damages or expenses, in particular with regard to the enforcement of the claim by a debt collection agency or law firm.
4. Shipping costs and delivery deadline
The following shipping costs and approximate delivery period apply to orders for physical products:
CH and LI: CHF 5/approx. 3 working day
EU: economy shipping CHF 7/approx. 10 working days
EU: priority shipping CHF 9/approx. 5 working days
Worldwide: economy shipping CHF 9/approx. 15 working days
Worldwide: priority shipping CHF 13/approx. 9 working days
For deliveries to other countries, the shipping costs and delivery periods cannot be indicated in an exact manner due to customs regulations of the importing country and the long shipping routes. Customers are advised of the specific terms of delivery as transparently as possible during the ordering process. For all shipments abroad, prices are quoted without eventual local taxes.
No shipping costs are charged for digital products; customers are provided with a link for immediate download or use upon conclusion of the contract.
5. Export restrictions and import duties
The shipment of products or the provision of services abroad may be subject to export restrictions. Furthermore, additional country-specific customs duties, taxes or fees may be charged and must be borne by the customer in addition to the shipping costs incurred. The Customer is responsible for the correct payment of all applicable customs duties, taxes and fees. The local customs offices will provide information on the amount of the fees.
6. Warranty and liability
SC warrants that its services are provided with due care and that its products are delivered free of defects. If a product or service is defective at the time of transfer of risks, SC shall remedy the defect or provide replacement. If that is not possible within a reasonable period, the customer may reduce the price or, if the defect renders the product or service completely unusable, fully withdraw from the contract.
The customer’s warranty claim shall lapse if the defect is not reported by email (email@example.com), telephone (+41 (0)31 769 1000) or letter within 14 calendar days of receipt of the goods or provision of the download link or at the latest upon expiry of the statutory warranty period, whichever is the sooner.
SC shall only be liable for damages caused by gross negligence or intent. Any and all other liability is excluded as far as legally permissible. This shall also apply with regard to the personal liability for damages of employees, representatives and agents of SC.
8. Customer reviews
If the customer writes a customer review, SC may use and display this text in all its distribution channels, web shops, apps and social media profiles. SC reserves the right not to display a customer review, to display it only for a limited period or to shorten the review if required for legal or technical reasons. Customer reviews always reflect only the opinion of the customer concerned and do not refer in any kind to the views of SC.
9. Copyright and licences
The products of SC are protected by copyright. Upon conclusion of the contract, customers are granted a non-exclusive, non-transferable, non-licensable right to use the purchased products in the form as provided for personal use in accordance with the Copyright Act and.
Without the prior written consent of SC, the products may only be used for the agreed and intended purpose. In particular, it is not permitted to edit the content of the products or to use edited versions, to copy the content for third parties, to make it publicly accessible or to post it on the internet or any other network. Furthermore, the content shall not be imitated, reprinted, resold or used for commercial purposes in any way.
The customer may download purchased digital products and store them on a device of its choice for personal use. Digital products maybe individually marked with digital watermarks so that the original buyer can be identified and traced in the event of misuse. Digital products may also be protected against illegal reproduction by Adobe Digital Rights Management (DRM). Such digital products can only be used on a customer’s device together with the customer’s Adobe-ID stored on the same device.
10. Cancellation right
The customer may revoke a contract for physical products within 14 days (without the need to give a reason) either in writing or by returning the products concerned. The period begins with receipt of the instruction in text form, but not before receipt of the goods by the customer. To meet the deadline it is sufficient to send the revocation letter or the product to Sigelcartoon GmbH, Chapf 12, CH-3313 Büren zum Hof within the set time limit.
If the contract is revoked, any benefits received must be returned or compensated (e.g. interest). If products are returned in part or in poor condition, compensation for loss of value must be paid, subject to the deterioration caused by the type of inspection that would be permissible in any shop. Return shipment costs are to be borne by the customer, unless the supplied goods did not correspond with the order confirmation email.
There is no right of revocation for digital products or any services provided by SC.
11. Offset and right of retention
The customer may only offset SC’s financial claims with counterclaims that are legally established by final court judgment, uncontested or acknowledged. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
12. Partial invalidity
If one or more provisions of the contract prove to be invalid, this shall not affect the validity of the remaining provisions. In that case, the parties shall revise the contract in such way that the intended economic purpose of the contract is achieved as far as possible.
13. Applicable law and jurisdiction
The contract is subject to Swiss law, to the exclusion of international conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
The exclusive place of jurisdiction for all legal disputes shall be the City of Bern, Switerland.
Büren zum Hof, April 26, 2019