Terms and Conditions
1. Scope of Application
These General Terms and Conditions (“GTC”) apply to the business activities of WICKELFISCH AG, Brühlmattweg 1, 4107 Ettingen, Switzerland. WICKELFISCH AG owns and operates the platform www.wickelfisch.ch and provides both paid and free services related to the sale of the Wickelfisch and complementary products.
These GTC apply to the above-mentioned activities as well as to all other services that WICKELFISCH AG provides directly or indirectly to the customer.
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2. Offers
Our offers are based on the information provided by the customer and are subject to technical feasibility in terms of printing and production.​
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3. Scope of Delivery Obligations
Only our written order confirmation shall be binding with regard to the mutual contractual obligations, particularly the scope of delivery. Any modifications require our written confirmation. Delivery shall be made according to the agreed delivery terms. Dimensions are always stated in millimetres. Minor deviations in shape and features are permissible.
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Printing shall be carried out as closely as possible to the approved artwork; however, minor deviations are permitted. Partial deliveries are allowed. Over- or under-deliveries of up to 10% must be accepted. The purchaser’s delivery conditions shall only be binding upon us if we have agreed to them in writing. Otherwise, our sales and delivery conditions shall apply.
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4. Purchase Prices
Our quoted prices are fixed prices valid until the stated expiration date.
After an order has been placed, prices become binding unless otherwise agreed in writing.
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5. Trade Prices for Resale
If the purchaser resells the goods, they may not be sold below the customary market trade price unless expressly agreed otherwise with WICKELFISCH AG.
6. Terms of Payment
The payment terms stated in the order confirmation shall be binding.
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7. Delivery Times
Delivery periods shall commence upon receipt of all documents required for production and approval of the samples with regard to size and printing.
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Unforeseeable obstacles beyond our control, such as force majeure, operational disruptions, delays in the supply of essential raw materials or inks, strikes, government intervention, or similar events, shall reasonably extend the delivery period.
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If shipment is delayed due to circumstances for which we are not responsible, the risk shall pass to the purchaser from the date the goods are ready for dispatch.
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8. Complaints and Claims
Objections regarding weight, quantity, or quality must be submitted in writing immediately upon delivery of the goods. Complaints made more than eight (8) days after delivery will no longer be considered.
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9. Warranty
For demonstrably defective goods, provided that manufacturing defects exceeding 3% of the delivery are established, we reserve the right either to provide free replacement goods of the same type as ordered or to refund the corresponding invoice amount.
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Any warranty claim shall expire no later than one month after our written rejection of the claim. Goods subject to complaint must be kept at our disposal until we either take them back or authorize their disposal.
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10. Right of Withdrawal
The purchaser is not entitled to withdraw from the contract due to delayed delivery resulting from the events listed under Section 7. Default in payment by the purchaser, including in the case of partial deliveries, entitles us to suspend further deliveries until payment has been received.
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11. Retention of Title
The goods supplied by us shall remain our property for as long as we have outstanding claims against the purchaser arising from the business relationship.
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12. Intellectual Property Rights / Wickelfisch Trademark
Designs, developments, constructions, lithographs, printing plates, clichés, and screens are charged only proportionately and therefore remain our property.
The client may only provide us with materials (photographs, models, samples, etc.) for which they possess the necessary reproduction rights. Upon request, the client must provide proof of such authorization.
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The client shall indemnify and hold us harmless against any claims arising from the infringement of intellectual and/or industrial property rights. We assume no liability for the compliance of our designs and other work with competition law or trademark law, nor for their registrability. Any liability for work approved by the client for reproduction is excluded.
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“Wickelfisch” and “Poncho” are registered trademarks in both their design and name forms. They may not be copied or used commercially without our consent.
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13. Final Provisions
The place of jurisdiction shall be Arlesheim, Switzerland. However, we are also entitled to bring proceedings before the courts at the customer’s place of business or residence.
Swiss law shall apply exclusively, even if orders are placed from abroad or deliveries are made abroad.
The parties shall endeavor to settle any disputes arising from the execution of this agreement amicably. By placing an order, the customer accepts these General Terms and Conditions. Any amendments or supplements to these General Terms and Conditions shall be made exclusively by us in written form.
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Version: 01/2021
Wickelfisch AG, Ettingen, Switzerland