terms and conditions max x promo by maxXsolutions ag
max x promo is a brand of maxXsolutions ag, based in Basel-Stadt.
For details and contact information, please see the imprint.
We do everything we can to ensure a smooth and satisfying shopping experience for our customers. If you are not satisfied with our services, please feel free to contact us at any time at service@maxxpromo.ch.
For your satisfaction, we are always looking for constructive and practical solutions.
In this sense and spirit, we ask you to take note of the following terms and conditions.
This section is a copy of our generalt terms and consitions in german. In case of any doubts the german version shall prevail.
1. scope
1.1 Our offer is directed exclusively to companies, authorities and organizations (NGO, NPO, parties, associations) that use our products and services in their independent professional, commercial, official or official activities. A sale to private individuals is not possible.
1.2 These General Terms and Conditions of Business (hereinafter referred to as "GTC") and the following conditions apply to all contracts, deliveries and further services, which maxXsolutions ag concludes with companies and other corporate bodies (hereinafter referred to as "CUSTOMER"; the term "CUSTOMER" includes the feminine term "customer"). By placing an order with maxXsolutions ag, the CUSTOMER accepts these GTC and all of its conditions.
1.3 We hereby expressly object to any deviating provisions of the contractual partner. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale. Individual agreements made in individual cases (including subsidiary agreements, supplements and amendments) shall in all cases take precedence over these General Terms and Conditions. A written contract or our written confirmation shall be authoritative for the content of such agreements.
2. liability
2.1 In the case of orders via the Internet, a contract between the customer and maxXsolutions ag is concluded when maxXsolutions ag accepts the order. maxXsolutions ag confirms this by sending an order confirmation via e-mail. The sending of an order confirmation is basically not a declaration of acceptance of the order by maxXsolutions ag, but serves exclusively to confirm the receipt of the customer order.
2.2 A contract is concluded when we accept your order by a declaration of acceptance (e.g. by order confirmation) or by delivery of the ordered items. Once the goods are shipped to you, you will receive a notification by e-mail.
2.3 The legally existing cancellation right of the orderer / purchaser is limited to important reasons. In the case of obvious writing, printing and calculation errors, maxXsolutions ag or the customer is entitled to withdraw, unless the contractual partner is willing to accept the contract under the conditions that were obviously meant. Our employees are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract or that are different.
2.4. after approval of the print view, the order will be forwarded to our purchasing department. They will send you an order confirmation within one or two working days. We ask that you check the order confirmation thoroughly for errors. Inform us of any inaccuracies within 24 hours.
2.5. maxXsolutions reserves the right not to accept the offer, especially if an item is not available or if you have unjustifiably not paid invoices due to previous deliveries. As far as maxXsolutions ag cannot execute an order, we will inform you as soon as possible.
2.6 Place of fulfillment for all services arising from the contract is the location of the maxXsolutions ag branch office.
3. prices and currency
3.1 All prices on our website for commercial orders are in Swiss francs (CHF) and are displayed excluding the statutory value added tax (VAT) applicable at the time of the order.
3.2 The amount for VAT will be shown transparently to the customer during the payment process. Likewise, prices for transport, customs and other cost factors are shown transparently. The price including VAT, applicable shipping costs and other costs will be displayed in the order screen before you submit the order.
3.3 The final and paid price for the printing of the item (printing costs) is subject to the verification of the printability of the logo and the number of colors included. If there is a discrepancy between the paid price (selected printing technique) and the uploaded logo, maxXsolutions is entitled to invoice the customer for the additional costs. Alternatively, the customer has the possibility to provide a suitable logo for printing which is in accordance with his purchase. In this case, no additional costs will be incurred.
4. Scope of delivery and services
4.1 The goods are shipped from our warehouse in Switzerland. Deliveries are made DDP, duty paid and taxed, each to an address in Switzerland or Lichtenstein. There are no additional costs, which exceed the total amount shown (such as customs duties, import costs, etc.).
4.2 Partial deliveries are expressly permitted and can be carried out by maxXsolutions at its own discretion. If we fulfill your order by partial delivery, you will only incur shipping costs for the first partial delivery. If, on the other hand, the partial deliveries are made at your request, we will charge you for each of these partial deliveries.
4.3 Excess or short deliveries of up to 10% are generally permissible due to printing process conditions. Excess or short deliveries do not entitle the customer to refuse acceptance or to withdraw from the contract.
5. delivery and performance time
5.1 Delivery dates or deadlines are only binding if they are confirmed in writing by maxXsolutions ag. Delivery and service delays due to force majeure and due to events, which make the delivery not only temporarily significantly more difficult or impossible, are not the responsibility of maxXsolutions ag, even with bindingly agreed upon deadlines and dates. This entitles maxXsolutions ag to postpone the delivery or service for the duration of the hindrance plus a reasonable lead time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled.
5.2. insofar as maxXsolutions ag is responsible for the non-compliance with bindingly agreed upon deadlines and dates or maxXsolutions ag is in default, the liability of maxXsolutions ag is limited to half a percent of the invoice value (without VAT) of the deliveries and services affected by the default for each completed week of the default, however, to a maximum of five percent of the invoice value of the deliveries and services affected by the default. Further claims are excluded, unless the delay is based on gross negligence on the part of maxXsolutions ag. We reserve the right to prove that you have not incurred any damages or only significantly lower damages than the aforementioned lump sum.
6. material reservations
6.1. maxXsolutions ag reserves the right to minor or insignificant deviations in terms of color, material thickness and design. The information provided by maxXsolutions ag regarding the delivery and service item are descriptions or identifications and are not guaranteed characteristics.
6.2 The defined quality level for all deliveries is defined as AQL 4 / 2.5 / 0 (Minor / Major / Critical). Corresponding batch sizes for the calculation are made according to ISO standard 2859-1. This means that a maximum of 4% of the goods in a delivery may contain a "Minor" quality defect and 0% a "Critical" defect. The classification of defects into Minor, Major and Critical is done according to the following definition:
• A minor (MINOR) defect is a deviation from standards but does not affect the serviceability of an object.
• A major (MAJOR) defect is one that is likely to prevent the product from being used for its intended purpose.
• A critical (CRITICAL) defect is one that is considered hazardous or unsafe.
7. assumption of risk
7.1 The risk shall pass to the customer as soon as the shipment has been handed over to - the person or company performing the transport. If the shipment is delayed at the request of the customer, the risk shall pass to the customer upon notification of readiness for shipment.
8. warranty
8.1 All complaints and objections to the delivered goods must be made immediately and in writing by the customer. The customer in this sense is the end customer of maxXsolutions ag and not the carrier, forwarding agent or other vicarious agent. Complaints and objections must be made no later than 5 working days after delivery of the goods. In addition, transport damages must be reported immediately to the forwarding agent or carrier. Hidden defects must be reported immediately, at the latest within three working days after their discovery.
9. retention of title
9.1 The goods remain the property of maxXsolutions ag until full payment has been received. However, the purchaser is authorized to resell the reserved goods in the normal course of business. In the case of resale, the purchaser assigns all claims due to the resale to maxXsolutions ag as security. In the case of access by third parties to the reserved goods, the purchaser will point out the ownership of maxXsolutions ag and immediately inform maxXsolutions ag of the process.
10. payment
10.1. maxXsolutions ag basically offers payment by bank transfer, TWINT, PostFinance Card, PostFinance e-Finance, or credit card (MasterCard, Visa)
10.2. maxXsolutions ag reserves the right to offer the customer only certain payment methods for each order. Discount deduction is only possible if this is expressly agreed. In case of purchase by bank transfer (prepayment), the order will be processed after receipt of payment. In case of purchase on account, the invoice amount is to be paid within 10 days after receipt of the goods. In case of payment by credit card, the customer's credit card account will be charged immediately with the invoice amount. The customer agrees to maxXsolutions ag sending the invoice in electronic form.
11. returns
11.1 For all goods, in particular goods that were finished/printed with a customer-specific logo within the scope of the order placement, we generally exclude any return or return shipment, unless it is a return due to a defect in the item accepted by maxXsolutions ag according to the warranty within the scope of these terms and conditions. Any legal claims for unilateral return of purchased goods are explicitly excluded with the placement of an order with maxXsolutions ag.
11.2 For the return of goods to maxXsolutions ag, the prior opening of a return process via the return form available on the website is required in any case. After receipt of the goods and successful examination of the claim, a refund will be triggered if necessary.
12. data protection
12.1 We collect, store and process your data for the order processing of your purchase and any subsequent warranty processing. Personal data is collected if you provide it voluntarily in the context of your order for goods or when opening a customer account.
12.2 All personal data will be treated confidentially and your interests worthy of protection will be taken into account in accordance with the legal requirements. The data necessary for the business transaction will be stored and in the context of order processing, if necessary, to affiliated companies or our service partners, if this is absolutely necessary for the purpose of contract execution. Further details can be found at any time in our privacy policy.
13. liability
13.1 Unless otherwise stipulated in these GTC including the following provisions, we shall be liable to you for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.
13.2 In other cases, we shall be liable in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (cardinal obligation), limited to compensation for the foreseeable damage typical for the contract.
13.3 In all other cases, our liability is excluded. The above limitations and exclusions of liability shall not affect our liability for fraudulently concealed defects, from a guarantee of quality, damages from injury to life, limb or health and under the Product Liability Act.
13.4 Insofar as the pages of maxXsolutions ag contain links to other pages on the Internet, maxXsolutions ag expressly declares that it has no influence on the design and contents of the linked pages. Therefore, maxXsolutions ag hereby expressly dissociates itself from all contents of all linked pages of third parties. This declaration applies to all displayed links and to all contents of the pages to which links lead.
14. place of jurisdiction
14.1 Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction and place of fulfillment for all claims in connection with the business relationship is the registered office of maxXsolutions ag, or a location named by maxXsolutions ag. maxXsolutions ag is also entitled to file suit in the general jurisdiction of the purchaser.
15. copyright
15.1 All copyrighted rights of use in any procedure and for any purpose of use of - sketches, drafts, originals, films and the like created by maxXsolutions ag, remain with maxXsolutions ag, subject to express regulations to the contrary. The offer on the website is provided and supervised by maxXsolutions ag, Basel. All data, information and the material on this site, pictorial symbols/pictures, illustrations, audio and video clips are protected by copyrights, trademarks and other rights regarding intellectual property, which are held or controlled by maxXsolutions ag or other parties and for which licenses have been granted to maxXsolutions ag. This material/data may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including e-mail and other electronic means. Without the prior written consent of the owner, modification of the data, information and material, their use on other websites or on computer environments connected by network, as well as their use for other than personal, non-commercial purposes is a violation of copyrights, trademarks and other proprietary rights and therefore prohibited. We reserve the right to pursue criminal prosecution for copyright infringement.
16. severability clause
16.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part or contain a loophole, this shall not affect the validity of the remaining provisions.
maxXsolutions ag
Malzgasse 7a
4052 Basel
