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Terms & Conditions
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Terms & Conditions

 

Preamble


The general terms and conditions determine the contractual relationship between drawpack.com and the customer.



I. Contractual Parties


The contracting parties within the scope of these terms and conditions are drawpack.com and the customer. drawpack.com only conducts such contracts with persons who are of age or are a legal entity.



II. Subject Matter of Contract


1. The customer is able to place their order over the internet.

2. On www.drawpack.com drawpack.com offers PowerPoint diagrams, graphics, sample slides and templates which can be purchased over the internet. The customer can download, save, edit and print out the purchased services, products and diagrams. Only these services, products and diagrams that the customer has purchased via download are subject matter of this contract.

3. Subject matter of this contract for drawpack.com and the customer are the terms and conditions as well as the provided services, products and diagrams which are available on www.drawpack.com. All contracts that the customer concludes with drawpack.com over the internet or by any other means are subject to these terms and conditions. The customer explicitly accepts these terms and conditions when placing the order.

4. drawpack.com might provide over its portal services of third parties. In the case that the customer purchases any service or product from this third party the contract is exclusively concluded between the third party and the customer



III. Conclusion of the contract


1. The contract between drawpack.com and the customer is concluded when the customer has finished the payment procedure process.

2. The services, products and diagrams which are provided via download and which the customer selects are the subject matter of this contract.

3. For the conclusion of the contract it is irrelevant whether the purchased services, products and diagrams meet the individual requirements of the customer.

4. drawpack.com reserves the right to reject a customers request for ordering services, products and diagrams without having to give any reason.



IV. Prices


1. The download of the services, products and diagrams is subject to charge as far it is not marked as being free of charge.

2. The prices that are displayed at the time of the order are those that are valid for the customer.

3. The prices include all payable taxes.

4. Should the customer require the services, products or diagrams to be sent in another way than download the customer must pay the forwarding charges.



V. Duties and obligations of the customer


Data


The customer is solely responsible that all data that is provided for the conclusion of this contract and for the use of the services and products is accurate and correct. The customer is obliged in the case that any provided data is or becomes incorrect to either update the data online on the customer account or to contact drawpack.com via email or in written form and provide them with all necessary details.



Passwords


1. The customer has the option to register as a customer for a membership. In this case the customer can log on with the email and a chosen password. The password that the customer chooses may include a combination of letters and / or numbers.

2. The password that the customer chooses is for their sole personal use and is not to be made available to third parties. The customer has the responsibility to make sure that no third party can gain access to the password. In the case the customer suspects that an unauthorized person has gained access to the password then the customer must immediately change the password.



VI. Usage Rights


1. The services, products and diagrams that the customer has purchased can be copied, edited, saved and used by the customer for their own personal or commercial use.

2. The customer is prohibited from providing the purchased services, products and diagrams to third parties against payment or free of charge. Furthermore the customer is prohibited from transferring these usage rights to third parties.

3. Integral part of these terms and conditions are also the usage rights which customer can view on the website. These usage rights form part of the contract between drawpack.com and the customer. The customer should contact drawpack.com if they have any doubts in regards to the use of these services, products and diagrams.



VII. Warranty


The customer is obliged to immediately inform drawpack.com of any complaints in regards to the purchased services, products and diagrams and if possible within a period of 14 days via email or in written form after the customer has observed the deficiency. The lapse of the above period has no effects on the statutory rules on warranty.

The warranty is in accordance with the statutory regulations and in the case a deficiency has been detected then the customer has the choice of a further delivery or an improvement of the services, products and diagrams.



VIII. Revocation


The customer has no right to revoke. The provided services, products and diagrams are not suitable for restitution. In the case that the customer has not received the download link or for any other reason is not able to download the purchased services, products and diagrams then the customer needs to contact drawpack.com.



IX. Disturbances


1. The customer is to ensure that drawpack.com is not subject to any disturbances or that its services are impaired. This particularly applies to drawpack.com providing and sending the services, products and diagrams to the customer. The customer is to ensure that no complaints of commercial nuisance are to be made against drawpack.com when it provides services, products and diagrams for the customer.

2. drawpack.com reserves the right to stop and shut down certain services (such as email contact) indefinitely when dealing with technical difficulties. The service may be shut down for all customers to protect them from possible dangers such as viruses. The service also may be shut down only for certain customers who may represent a danger for drawpack.com.



X. Violation of customer’s duties


drawpack.com excludes all liability for damages that are due to the customer violating their duties and obligations and which could have been avoided if the customer had fulfilled those duties and obligations.



XI. Liability


1. The customer has sole liability towards any third party.

2. The provided services, products and diagrams are available as a file size and type in form of a download as in their description. In the case that the customer for any reason is not able to access or open the download link then the customer has no entitlement for the delivery by any other means or in a different file size or type.

3. The customer has the responsibility to ensure that the technical requirements are available to download the purchased services, products and diagrams and to open, edit and save the files that have been downloaded.

4. drawpack.com provides the customer, without any legal obligation, with information notices on the website. All advice that is provided is without any contractual obligation. drawpack.com therefore excludes all liability for damage that the customer may suffer using this service except in cases where drawpack.com has acted with gross negligence or intent.

5. drawpack.com endeavors to provide its customers with services, products and diagrams that are complete, accurate and up-to-date but is not obliged to fulfill this. The customer has no retroactive right to ask for new services, products and diagrams when they are no longer accurate or current.

6. The liability for deficiencies and warranty of drawpack.com is in accordance with statutory rules in the case the customer has properly placed their notice. This does not affect the excluded liabilities laid out in these terms and conditions.

7. drawpack.com excludes all liability for services, products and diagrams that might be offered by third parties over www.drawpack.com.

8. drawpack.com excludes any further liability for damages which have not been caused by the purchased services, products and diagrams as well as any claims for lost earnings or other financial loss by the customer.



XII. Data Protection


1. All personal data which the customer provides to drawpack.com is solely used in relation to the contractual relationship between the parties. Should drawpack.com want to use the personal data of the customer for any other means which extend beyond this they will seek an additional consent of the customer.

2. All data that is kept on the customer meets all statutory requirements and data protection laws. Personal data of the customer may be passed onto third parties in the case that they are involved in processing the order or provided any other form of assistance to the customer (e.g. technical customer support help line)



XIII. Payment Methods


drawpack.com accepts MasterCard, Visa and American Express trough the payment solution paypal. The payable sum will be taken before the customer can download the ordered services, products and diagrams. The credit card details are only kept until the order has been concluded.




XIV. Alteration terms and conditions, services and prices


1. drawpack.com reserves the right to make alterations to the terms and conditions and special agreements reached between the parties.

2. drawpack.com has the right to make the alterations to the terms and conditions with a six week notice. The customer shall be informed of any alterations via email or in written form. The customer is made aware of the fact that if there is no objection to the new terms and conditions via email or in written form within a period of six weeks then it becomes automatically part of any contractual dealings between the parties.

3. In the case that the customer objects to the new terms and conditions then both parties are entitled to terminate the contract via email or in written form in accordance with the statutory rules.


4. drawpack.com reserves the right to alter and change the prices of the services, products and diagrams and specifications of products and services at any given time.



XV. Retention of title


The services, products and diagrams that have been provided remain the property of drawpack.com until full payment has been made.



XVI. Severability Clause


Should any provision be or become void either wholly or in part, this shall not affect the validity of the remaining provisions.



XVII. Miscellaneous


1. The customer can only transfer the rights and obligations of this contract to a third party with the prior written consent of drawpack.com.

2. The applicable laws are the national laws of Switzerland.

3. drawpack.com does not recognize any amendatory or supplementary general terms and conditions of the customer.


4. The place of jurisdiction for the contracting parties is Zurich, Switzerland.

5. drawpack.com reserves the right to file claims against the customer at any other court of their choice.