General Terms and Conditions for the use of superpost.com
Version: 1.0 Stand 01.09.2021
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the service offered on the website "superpost.com" (hereinafter referred to as "Service"), which is provided by Pingen GmbH with its registered office at Badenerstrasse 47 in 8004 Zurich (Switzerland), registered with the Commercial Register Office of the Canton of Zurich under the no. CHE-115.571.921 (hereinafter referred to as "Provider") and which may in principle be used by any visitor to the website who is capable of acting (hereinafter referred to as "Participant"). These GTC become effective through the use of the service. The scope of application includes intermediary services. The GTC may be amended from time to time; therefore, the GTC valid at the time of the conclusion of an order shall apply.
The service enables the participant to upload a file as a PDF and/or to compose a letter including the address (hereinafter "compose") in order to have this content (hereinafter "letter") physically delivered to a postal address. The letter will also be provided with a QR code, which the recipient can use to digitally download and save the letter for a limited period of time. After the letter has been composed and paid for, it will be handed over to a third-party company (hereinafter referred to as the "printing service provider") for printing, franking and handover to another third-party company for physical delivery to the recipient (hereinafter referred to as the "postal service provider").
Object of the agreement
The object of the agreement is the composition of the letter and its transmission to the print service provider in accordance with the service description. Apart from the composition and transmission of the letter to the print service provider, services covered by the agreement are provided by commissioned third-party providers. The delivery of the letter to the addressee by the postal service provider is not part of this contract. The contractual obligation of the provider is therefore fulfilled with the handover of the letter to the postal service provider.
Order verification, placement and revocation
Before paying for the service, the participant has the opportunity to check the print file that will be used to print the letter. If the participant discovers defects or has other reasons to object to the print file, he/she may cancel the order without incurring any costs or making any claims against the provider. If he/she concludes the order by paying for the service, he accepts the print file for printing and delivery of the letter.
An order shall be deemed to have been placed when the amount due for the service has been paid in full (hereinafter "order placement"). There is no right of revocation for the order, as the processes for the fulfilment of the service are fully automated and partly carried out by third-party providers without any authorisation or possibility of intervention by the provider. In the event that the participant forces a refund via "chargeback" of his/her means of payment in the event of a withdrawal or revocation, this will be deemed abusive and the effort to contest it will be charged to him at an hourly rate of CHF 180.00.
Data collection and recording
The provider or the contracted print service provider hands over the letter to a postal service provider on behalf of an authorised representative. Therefore, the contract for delivery is concluded directly between the participant and the postal service provider and is not part of the service. The GTC of the respective postal service provider therefore apply to the delivery of a letter.
The participant is solely liable for the content of the letter and any direct or indirect damage caused by it. The participant is not permitted to use the service to send illegal or abusive content. Such content includes, but is not limited to: derogatory, racist or pornographic content, threats, blackmail, insults, slander, defamation, false news ("fake news"), content against sexual or religious integrity, unjustified or fraudulent claims, the sending of advertising to addresses blocked for advertising (e.g. addresses with a "starred entry"), as well as sending under a false identity or as an unauthorised third party (e.g. infringement of trademark or copyright).
The provider does not check the content of a letter. However, the provider or commissioned companies may gain knowledge of the content of a letter in the course of fulfilling the order (e.g. due to technical problems or for quality assurance reasons).
The provider reserves the right, on the basis of circumstantial evidence, information from recipients or law enforcement agencies, to examine letters, to secure them for evidentiary purposes and to forward them and related information on the participant to directly affected third parties (e.g. recipients of such a letter) or law enforcement agencies.
In any case, immediately after becoming aware of letters with such content, further service provision will be stopped and any fees received for this will be retained. We expressly reserve the right to make further claims for material and immaterial damages.
The participant is responsible for the storage of letters created and sent with the service within the framework of legal regulations. The participant acknowledges that data will be backed up by the provider until the order is fulfilled, but will not be archived for individual recovery at the participant's request. The participant shall be responsible for an appropriate copy (backup) of the data recorded in the service. The Provider does not provide a corresponding restore function for individual data records of a participant.
By placing an order, the participant agrees that order confirmations, invoice receipts and notifications about the status of the shipment will be sent exclusively to the email address specified in the purchase transaction and that it is not possible to cancel or suppress these notifications.
The participant is also responsible for ensuring that his or her email address, in particular for order confirmations and invoice receipts, is capable of being delivered. There is no entitlement to multiple deliveries or delivery attempts if the reason for non-delivery does not lie with the provider.
The provider will make every effort to ensure that access to the service is as trouble-free and uninterrupted as possible at all times; however, this cannot be guaranteed. In the event of increased security risks or disruptions or for maintenance work, the provider reserves the right to interrupt access to the service at any time for all participants or a specific group of participants.
It is the responsibility of the participant to clarify whether the service is suitable for his/her intended use. The Provider disclaims any liability for any specific use or direct or indirect damage resulting from the use of the service; including, but not limited to: incorrect processing of the letter, time of delivery, incorrect delivery, non-delivery or delayed delivery.
The provider also does not assume any guarantees for text templates provided by him or the legal usability or admissibility of the signature resulting from the use of the signature function.
To the extent permitted by law, the amount of liability is limited to the amount paid by the participant for the service.
Law and place of jurisdiction
By violating the terms of these GTC, the participant forfeits the right to use the service and authorises the provider to block access to it or to cancel current or future orders without refund.
The place of jurisdiction is the registered office of the provider at the time the order is placed.