GTC

General, scope of application

a) The following General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between FILL ME AG (hereinafter referred to as "FILL ME") and all persons, natural and legal entities, who use the FILL ME website (hereinafter referred to as "Buyer"). Conflicting or deviating conditions of the Buyer are only binding if FILL ME has recognized them in writing.

b) These GTC apply to all orders of the buyer. The Buyer agrees to the following GTC by sending digital data or data carriers to FILL ME, by handing them in at our place of business in Schaan or by clicking on the corresponding labeled field "read" (I hereby accept the general terms and conditions) or similar in our ordering software.

c) The General Terms and Conditions apply to the use of the website www.balleristo.com and all subdomains belonging to this domain.

d) FILL ME reserves the right to amend the GTC at any time. The version valid at the time of the conclusion of the contract is always authoritative

Conclusion of contract

a) By clicking on the order button, the buyer places a binding order for the goods contained in the shopping cart. Before the final submission, the buyer has the opportunity to check the accuracy of his entries on an overview page and to correct them if necessary.
b) FILL ME is entitled to accept this offer by sending an order confirmation. The order confirmation is usually sent by e-mail. FILL ME reserves the right to reject orders received within 48 hours if it suspects that a print motif infringes the rights of third parties or statutory regulations.
As a rule, orders are processed on the same or the following working day.

III Delivery and dispatch

a) Delivery shall be made by sending the goods to the address provided by the buyer. The billing address and the delivery address may be different. The dispatch usually takes place within 3 to 5 working days from receipt of the order confirmation by the buyer, which concerns the range of personalized glass drinking bottles. Delivery times and dates are only binding if they have been expressly confirmed as such in writing by FILL ME.

b) Should it occur that a product is currently not available, the buyer will be notified by e-mail.

c) Deliveries are made by a shipping service provider to be chosen by FILL ME. The costs for packaging and transport insurance are included in the shipping costs, which are to be paid at the same time as payment for the goods during the ordering process.

payment of the goods. For deliveries outside Liechtenstein and Switzerland, additional customs duties, taxes and fees are incurred. These are shown and charged separately.

d) For technical reasons, an order may have to be split into several packages. The buyer must inspect the delivered goods for damage immediately upon receipt. Any defects must be reported immediately in writing (by e-mail to info@fill-me.ch, or by letter), otherwise the goods shall be deemed to have been accepted.

Product range and prices

a) The product range is constantly adapted to technical developments and market requirements.

b) The prices are displayed as net prices, i.e. excluding VAT. As soon as the buyer has entered his data, VAT and any customs duties, taxes and fees are added to the net price and the final price is displayed. The shipping costs are shown separately on the invoice in accordance with point III.

c) The prices and the shipping costs charged to the buyer may change from time to time. The current range and the current prices (including shipping costs) can be found on the website at www.fill-me.ch. Special promotions and individual agreements are reserved.

d) Excess and short quantities (individually designed screen-printed bottles); for special productions (e.g. for companies / organizations / associations / communities etc.), excess/short deliveries of up to +/- 10% are to be expected for technical production reasons. We charge for the quantity actually delivered.

Payment, due date, default of payment

a) Payment shall be made in advance by credit card or PayPal at the buyer's discretion. FILL ME reserves the right to change the selection of payment methods depending on the order value, shipping region or other objective criteria. Trade partners can order FILL ME drinking bottles & accessories according to the order list using packaging units by invoice. The payment period is 30 days net; reminder fees of up to CHF 50.00 will be charged if payment is not made on time.

b) The following applies to the PayPal payment method: The buyer pays the invoice amount via the online provider PayPal. He must always be registered there or register first, legitimize with his payment data and confirm the payment order to FILL ME.

c) The goods remain the property of FILL ME AG until full payment has been made.

VII Right of withdrawal

FILL ME is entitled to withdraw from the contract at any time without giving reasons. FILL ME can also withdraw from a part of the delivery or service that is still outstanding if false information about the buyer's creditworthiness has been provided or objective reasons have arisen regarding the buyer's inability to pay. Before withdrawing from the contract, the buyer shall be given the opportunity to make an advance payment or provide suitable security. Without prejudice to any claims for damages, in the event of partial withdrawal, services already rendered shall be invoiced and paid for in accordance with the contract.

VIII. Warranty

a) Information, illustrations, technical data and dimensions contained on the website, in catalogs or on price lists are for information purposes only. FILL ME accepts no liability for the accuracy of this information. With regard to the type and scope of the service, only the information contained in the order confirmation is authoritative.

b) If the goods are defective on receipt, the buyer has the choice of whether subsequent performance is to take the form of a replacement delivery or a price refund. In any case, the buyer must return the defective goods to FILL ME, whereby the shipping costs are borne by FILL ME.

c) Excluded from any warranty are typing errors entered by the buyer, qualitatively insufficient images (e.g. due to low resolution of digital images), self-inflicted design errors (e.g. due to non-observance of warnings in the design of design/photo products) as well as incorrect product selection, incorrect order quantities or other defects caused by errors in the order entry.

Limitation of liability

a) The liability of FILL ME is otherwise governed by the statutory provisions, unless otherwise provided for in these GTC. In principle, FILL ME is only liable for intent and gross negligence, regardless of the legal grounds. FILL ME is only liable for slight negligence in the event of personal injury. The limitations of liability in these GTC also apply to the personal liability of FILL ME's employees and vicarious agents.

b) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. FILL ME is therefore not liable for the availability of the Internet store at all times.

Transport damage

a) If goods are delivered with obvious transport damage, the buyer should complain about such defects to the deliverer as soon as possible and contact FILL ME immediately. (by e-mail to info@fill-me.ch or by telephone on +41 52 266 06 30).

b) The risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the buyer upon delivery to the shipping service provider.

Right of withdrawal

a) The buyer has the right to cancel the contract with FILL ME within fourteen days of receipt of the goods without giving any reason.

b) If the buyer wishes to make use of his right of withdrawal, he must clearly inform FILL ME in writing (by e-mail to info@fill-me.ch) within the withdrawal period. In this case, the contract will be rescinded, whereby the costs for the return of the goods are to be borne by the buyer. After receipt of the returned goods, BVD will refund the payments received to the buyer.

c) A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or are clearly tailored to the personal needs of the buyer.

XII Software

a) All downloaded software accessible in the online area of FILL ME or provided by FILL ME or provided with FILL ME labeling is the property of FILL ME or its suppliers and protected by copyright. The Buyer may only download the software to his computer or mobile device (e.g. tablet, cell phone) that he needs to execute the order and may only use it to process the order.

b) The complete or partial downloading of content from the website that is not explicitly released for download is not permitted without the express permission of FILL ME.

XIII Copyrights to print designs, exemption from liability

a) If the buyer submits his own motif or otherwise influences the goods (individualization), he assures FILL ME that the text and motif are free of third-party rights. In this case, any copyright, personal rights or name rights infringements shall be borne in full by the buyer. The buyer also assures that he does not violate any other rights of third parties by individualizing the goods.

b) The buyer shall fully indemnify and hold FILL ME harmless from all claims and demands asserted due to the infringement of such third-party rights.

XIV Technical and design deviations

FILL ME expressly reserves the right to deviate from the descriptions and specifications on the website, in catalogs and the price list with regard to material properties, color, dimensions and design, insofar as these are reasonable for the buyer. Due to the new printing techniques, FILL ME cannot guarantee the durability of the imprint when the goods are used on certain surfaces (asphalt, hard court rubber, etc.).

XV. original text

The GTC are drawn up in German. In the event that translations of these are produced in another language, the German version shall prevail in the event of contradictions.

XVI Place of performance, choice of law, place of jurisdiction

a) The place of performance for all services is the registered office of FILL ME in Balzers, Liechtenstein.

b) All disputes arising from this legal relationship are subject to the law of the Principality of Liechtenstein. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his personal residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

c) The place of jurisdiction for all disputes arising from this contract is generally the registered office of FILL ME in Balzers, Liechtenstein. However, FILL ME reserves the right to sue the buyer at his place of residence or domicile. In the case of consumers, this jurisdiction clause shall only apply insofar as no mandatory provisions of the law of the state in which the consumer has his personal residence provide for a different place of jurisdiction.

d) Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer reasonably be expected to adhere to the contract.

These General Terms and Conditions (GTC) enter into force on June 20, 2019

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