1.1. paper-discounter.ch customers of the platform are hereinafter referred to as users and creocore gmbh as the provider.
1.2. The platform is an online service where users can offer online services for their customers on their website or via the platform.
1.3. The provider reserves the right to expand, change or delete services on the platform and to make improvements, in particular if these serve technical progress, appear necessary and to prevent misuse. The changes may result in the appearance of the platform being altered. The provider will only make these changes if the changes are reasonable for the user or if the provider is obliged to do so by law.
1.4. The provider offers users various tariffs, including a free package and several fee-based tariffs. An overview with the current service description of the tariffs is available in the price list.
1.5. The user agrees that his invoice will be sent electronically (e-mail). This is valid without a signature.
1.6. Voluntary, unpaid services and benefits from the provider can be discontinued at any time. In this case, the user has no claim to continuation of the service.
1.7. Proper names may only be used by owners.
2.1. The user assures that the personal data provided by him/her is truthful and complete. In individual cases, the provider reserves the right to request suitable proof of identity.
2.2. The user is obliged to keep the personal data up to date.
2.3. In order to prevent unauthorized use by third parties, the user is obliged to keep the access data secret. If the user has reason to believe that unauthorized third parties have gained or may gain knowledge of the access data, the provider must be informed immediately. In this case, the user is also obliged to change his password immediately.
2.4. The user agrees to receive electronic communication from the provider for contractual purposes (e.g. invoices, important contractual information or significant technical changes).
2.5. The Provider is entitled to name the User as a reference for marketing purposes or in customer lists and to display the User’s name and logo on the Provider’s website. Upon request, the user has the option of having the entries deleted.
3.1. The user is responsible for all content that the user makes available or saves via the platform. The provider is not obliged to check the content of users for possible legal violations.
3.2. The user is obliged to comply with all applicable national legislation and the applicable regulations of the Swiss Confederation. This also applies explicitly to any additional legal regulations that may apply to the operation of an online store.
3.3. The user undertakes to comply with the imprint obligation (or the respective legal obligation in the country of use).
3.4. An imprint (provider identification) must be provided for third parties as soon as the website is available. If a company is a user, a natural person must always be named as the contact person for the provider. The provider must be informed immediately of any change of contact person.
3.5. The provider regularly creates backups of its platform. Individual pages and/or content cannot be restored from these backups. The storage and backup of the provider’s content is the responsibility of the user. Users should create regular backups of all their memoria Cloud content to avoid damage due to data loss. This applies in particular to data on products and buyers.
4.1. The user is prohibited from any actions on the platform that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. The user is prohibited from publishing, distributing, offering and advertising:
4.2. These obligations also apply to references (“hyperlinks”) inserted by the user on the platform to this type of content on external platforms or services.
4.3. Furthermore, the following activities are also prohibited irrespective of any possible violation of the law when publishing your own content (or by placing links) on the platform:
4.4. If claims are made against the provider as a third party or contributory tortfeasor due to illegal content provided by the user on the platform (e.g. for injunctive relief, revocation, correction, damages, etc.), the user is obliged to reimburse the provider for all costs incurred as a result. The user is also obliged to support the provider in any way to ward off such a claim.
4.5. Sending emails to a large number of recipients (newsletters, advertising emails) via the memoria Cloud mail system is generally prohibited. The email systems we use automatically respond to the sending of this type of email and block access to the affected email account and the platform’s email administration. In the event of repeated violations, the provider reserves the right to permanently block access to the platform. 4.6. The user is not permitted to accept credit card data from customers via any means other than the memoria Cloud platform and to use it on the platform.
5.1. The provider may temporarily or permanently block access to the platform if there are concrete indications that the user is violating or has violated these GTC and/or applicable law or if the provider has another legitimate interest in blocking access.
5.2. Access may also be blocked if the user is more than 14 days in arrears with payment.
5.3. When deciding whether to block the service, the provider shall take appropriate account of the legitimate interests of all parties involved.
6.1. The provider endeavors to ensure that the platform can be used without interruption. However, the user acknowledges that for technical reasons and due to external influences (e.g. unavailability of the communication networks, interruption of the power supply, hardware and software errors), uninterrupted availability of the platform cannot be realized. There is no entitlement to high availability. Only temporary access restrictions do not justify warranty claims or a right to extraordinary termination.
6.2. For chargeable services, the provider guarantees an annual average availability of 98% in its area of responsibility. The regular maintenance windows, which can be 4 hours per week, are not included in the calculation of availability. The provider endeavors to keep maintenance times as short as possible and to schedule them outside office hours.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us – creocore gmbh, Sonnenweg 2, 5612 Villmergen, hello@paper-discounter.ch, Tel.: +41 58 270 05 90 – of your decision to withdraw from the contract by an unequivocal statement. You can send us an e-mail or a letter. In order to comply with the withdrawal obligation, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If you withdraw from the contract, we must refund all payments that we have received from you immediately and at the latest within thirty days of receipt of the withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction. After termination of the contractual relationship, the provider deletes the account of the paper-discounter.ch platform user.
The supplier excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes. The Supplier accepts no responsibility for errors that are not within its area of responsibility, namely those of telecommunications service providers, the hosting provider or other third-party service providers.
The contractual relationship between the Customer and the Supplier shall be governed by Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. The ordinary court in Villmergen shall have jurisdiction for any disputes arising from these contractual relationships.
Should parts of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced mutatis mutandis by the relevant statutory provisions. Status 01.01.2023
