General Terms and Conditions of Business of Ambiale AG, Division Canvarto
Your contractual partner for all orders for this Internet offer is:
Ambiale AG
Bächaustrasse 61
8806 Bäch SZ
Switzerland
which is hereinafter referred to as Ambiale AG. Canvarto is a service of Ambiale AG.
1. General provisions
All contracts with Ambiale AG are exclusively on the basis of these terms and conditions in their version valid at the time of the order. Arrangements that deviate from these terms and conditions require a written agreement or written confirmation by Ambiale AG. Terms and conditions deviating from these terms and conditions are hereby expressly rejected.
2. Contracts and contractual relations
The presentation of the services, especially in prospectuses, advertisements, and on the Internet, do not constitute a binding offer by Ambiale AG. A contract is only concluded with a written order confirmation by Ambiale AG or with the beginning of contract execution by Ambiale AG. Supplementary agreements, amendments and supplements are only valid if Ambiale AG confirms them in writing. Ambiale AG reserves the right to reject customer orders in individual cases. In particular, customer orders may be rejected if the order differs from the requirements specified by Ambiale AG or if the customer is known to be uncreditworthy.
3. Responsibility for the offer
The processing of delivered data and image products by the customer is carried out within the framework of a technically automated process without manual pre-checking or correction by Ambiale AG. The customer guarantees by uploading a picture that he has all copyrights in the picture and that it is free of third-party rights. In particular, the customer guarantees that the picture does not violate any trademark rights as well as other third party property rights. The customer also guarantees that an uploaded picture does not violate applicable laws, in particular against the rules for the distribution of pornography (§ 184 of StGB) and offensive materials (§ 185 of StGB).
4. Procedure for orders at Canvarto
The presentation of products in the online shop is not a legally binding offer, but a non-binding online catalog. The products you select by clicking the button "Add to Cart" will be summarized for you in at the completion of the order process. Here you can check all the information given during the ordering process and add or correct using the "back" button. By clicking on the button "Order now with obligation to pay," you send your order data and declare yourself bound to Ambiale AG to purchase the products listed there (offer). We will accept your offer automatically upon receipt of your order. Immediately after the order has been sent, you will receive an order confirmation 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 request upon completion of your order.
5. Delivery and shipping
(1) Canvarto delivers within the EU as well as to several other countries.
(2) The maximum delivery time is three weeks from the conclusion of the contract. Normally, the order will be processed and shipped within 3 days.
(3) In the event of an unlikely violation of the terms stated in (2), customers of Canvarto shall be notified immediately in writing (§ 126b BGB). The customer can also make use of their statutory right of withdrawal/revocation immediately in writing (§ 126b BGB).
(4) The customer shall not be entitled to claim compensation for damages due to a delay in services (§ 280 (2), 286 BGB), as long as the delay by Canvarto was not intentional or grossly negligent.
(5) The contract is concluded subject to timely and complete procurement of-supplies. This applies only in cases where Canvarto is not responsible for the non-procurement of supplies. Canvarto shall immediately notify the customer of the non-availability of the service. The compensation already paid will be refunded if necessary.
(6) We are entitled to make partial deliveries.
(7) In the unlikely event of non-availability of production equipment required for your order, we will inform you without delay, and if possible, give you an approximate delivery date.
6. Prices
(1) The prices quoted are to be understood as final prices for all purchasers from EU countries and from the countries of Switzerland and Liechtenstein. They contain all applicable statutory taxes, in particular, VAT. The delivery address is determinative.
(2) The prices stated shall be understood as net prices for all customers outside of the EU countries and the countries of Switzerland and Liechtenstein. This means that if VAT is charged according to the statutory provisions of the recipient country, and this is to be paid additionally upon receipt of the goods. It may be necessary to pay additional import duties upon receipt of the goods.
(3) Remuneration for our services pursuant to Item 2. of these General Terms and Conditions shall be taken from the current price list which can be viewed at Canvarto, and which we specify during the course of the ordering process. We are entitled to change the price list at any time for future orders without separate notification.
7. Reservation of property ownership, offset, right to retention
(1) For consumers, we reserve the right of ownership to the purchased item until the invoice has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal person according to public law, or a special fund according to public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You are entitled to the right of offset only if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right to retention only if and to the extent that your counterclaim is based on the same contractual relationship.
(3) If the customer is in arrears against any payment obligations, all existing claims become due immediately.
8. Complaints
(1) If you are a merchant, you must examine the prepared items immediately after delivery within the normal course of business, and, if necessary, notify us immediately in writing; § 377 HGB applies without restriction.
(2) In all other cases, complaints shall only be admissible within one week if defects come to light on opening. The date of the delivery as well as the date of the receipt of the invoice are determinative for the calculation of this time limit.
(3) Regarding complaints, all documents pertaining to the order must be made available to us. Otherwise, an immediate examination and processing of the complaint is not guaranteed.
(4) Defects in part of the delivered goods do not entitle you to contest the entire delivery, unless a partial delivery is of no legitimate interest for you.
9 Warranty
Information, drawings, illustrations, technical data, weight, descriptions of measurements and services contained in brochures, catalogs, circulars, advertisements or price lists are purely informative. Ambiale AG assumes no liability for the accuracy of this information. Regarding the nature and extent of the delivery, only the information contained in the order and the order confirmation are determinative. There is in principle no guarantee against fading or water resistance of the printed products. Ambiale AG expressly points out that the products are intended exclusively for use in closed rooms. The designations and specifications defined at the time of conclusion of the contract represent the technical state-of-the-art at this point in time. Minor technical deviations (in particular, image trimming and coloring of the print) of the delivered goods from the advertised goods are permissible and do not represent a mistake as far as they are within the normal framework of commercial interactions and the contractual purpose is not significantly restricted. Pictures which are trimmed can vary slightly, but not substantially, from the predetermined sizes, as is customary in the context of such commercial transactions. Small and common color differences in the printout may occur when the customer's monitor is calibrated in a different manner and not true to color. Black/white prints can contain small spots of color, as is common in the context of such commercial services. Complaints, credits, as well as re-printing due to problems of this nature are excluded, unless the deviation is outside of the usual standards of such commercial services. Similarly, a defect does not exist if the poor 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, we have the right at our discretion, to undertake new manufacture or repair during an appropriate time period. If the new manufacture or repair should fail, you can demand cancellation of the contract or reduction of compensation.
10. Delivery conditions
We would like to point out that the right of recall is excluded for Canvarto with freely selectable size, fitting, finish, or detail design ("individual product"), as the created works are customized according to your specifications and tailored to your personal needs. For individual products, a right to recall the order pursuant to § 312 d para. 4 No. 1 of the BGB (recall and return rights for distance sales contracts) is excluded.
11. Right of recall
We would like to point out that the right of recall is excluded for Canvarto with freely selectable size, fitting, finish, or detail design ("individual product"), as the created works are customized according to your specifications and tailored to your personal needs. For individual products, a right to recall the order pursuant to § 312 d para. 4 No. 1 of the BGB (recall and return rights for distance sales contracts) is excluded.
12. Liability
Canvarto shall only be liable for damage caused by injury to body, life, and health only if it is based on a culpable violation of essential contractual obligations or intentional or grossly negligent behavior on the part of Canvarto or of agents of Canvarto. Liability exceeding this extent is excluded. The provisions of the Product Liability Law remain unaffected.
13. Final provisions
Exclusive jurisdiction for all disputes arising from this contract is Schwyz (Switzerland). The same applies if a customer does not have a general court of jurisdiction domestically, if a customer has moved his/her domicile or habitual residence abroad after contract signing, or if his place of residence or his/her habitual residence is unknown at the time the action is brought. Ambiale AG is also entitled to sue the customer at its general court of jurisdiction. The contracts concluded based on these General Terms and Conditions and for claims of any kind whatsoever shall be governed exclusively by the laws of Switzerland.