General Terms and Conditions of CPaint.CH

1. Applicable Terms

1.1 The following terms and conditions apply to all contracts with CPaint.CH, even if they are no longer mentioned in later contracts. They also apply if the contractual partner refers to his own terms and conditions, particularly when accepting the order confirmation, unless these have been expressly agreed to in writing. Subsidiary agreements or assurances by representatives of CPaint.CH that do not comply with the content of these conditions must be agreed in writing. This also applies to all future business relationships, unless the entire business relationship has been deemed to have finally ended for both parties.

2. New customers

2.1 Compliance Management System. CPaint.CH works according to a Compliance Management System, CMS for short. This is the entirety of the measures, structures and processes set up in an organization to ensure compliance with rules, which can include legally binding and ethical rules. Without a due diligence check, no new customer or bidder will be accepted and without a passed due diligence check, a purchase or sale of metals will be excluded.

3. Order and application acceptance

3.1 The contract is only concluded when CPaint.CH countersigns the customer application or with the first act of fulfillment. If the order confirmation contains deviations from the information provided by the customer, the customer is obliged to correct this information within two weeks of placing the order. Otherwise, the contract becomes effective with the conditions contained in the order confirmation.

4. Purchasing Terms

4.1 CPaint.CH only purchases goods on the condition that the goods are handed over to it for inspection. If the delivered or sent goods do not meet the requirements, they will be returned at the sender’s expense. The customer will receive the conditions before shipping.

4.2 The customer must be able to provide complete proof of the source of the goods. Here the customer must provide evidence that allows clear conclusions about the recycling of the metals, as well as when and where they recycled the goods. The seller proves and guarantees to CPaint.CH that the goods do not come from criminal activity.

4.3 If the CPaint.CH goods are purchased from third parties, they will only be accepted after a thorough check and approval; advance payment is excluded. Validation can take up to 30 working days after the goods have been checked.

4.4 CPaint.CH only buys goods from third parties for recycling if the source of the funds is fully proven. After thorough testing and approval, these goods are then immediately checked in the laboratory and examined for residues.

5. Data security

5.1 CPaint.CH assumes no guarantee regarding the data provided; this also applies to third parties. As far as data is transmitted to CPaint.CH, regardless of the form, the customer creates backup copies so that this data can be reconstructed in the event of a possible data loss. The CPaint.CH servers are regularly backed up, but the customer is aware that all participants in the transmission path are at risk of intercepting transmitted data. Absolute confidentiality of the transmitted data is therefore not guaranteed. The CPaint.CH servers offer the highest level of data security with our system.

6. Confidentiality, data protection

6.1 Unless expressly agreed in writing, the data provided to CPaint.CH and the information and data sent are not considered confidential. The contractual partner is hereby expressly informed that CPaint.CH processes his address automatically in machine-readable form and stores this data for tasks arising from the contract. If CPaint.CH uses third parties to provide the services offered, CPaint.CH is entitled to disclose the participant data to the extent that this is necessary to ensure operations. The participant, for his part, is not entitled to use CPaint.CH to obtain information and data that is not intended for use by him or third parties. We expressly point out that all calls are recorded for training purposes and statistical surveys. No further consent from the caller is required to record the conversation. CPaint.CH is solely responsible for deleting this data. The telephone subscriber expressly agrees that this data can also be used for legal purposes and legal traceability.
7. Preise und Zahlungsbedingungen

7.1 CPaint.CH is entitled to increase prices at any time, provided the contract is concluded for an indefinite period of time. The change will become effective if CPaint.CH does not receive any objection from the customer within 6 weeks of receipt of the corresponding change notification by the customer. With the change notification, CPaint.CH will inform the customer of the objection deadline and the consequences of failing to object. In the event of default, CPaint.CH is entitled to charge interest of 10% p.a. above the respective base interest rate, according to the discount rate, transfer law and to block the customer’s corresponding access immediately.

7.2 The agreed fees must be paid in advance and are due upon receipt of the invoice or provision of the invoice. The invoice is placed in the customer’s configuration menu and can be accessed there. If the customer requests that the invoice be sent by post, CPaint.CH is entitled to charge the customer USD 3.00 per invoice.

7.3 In order to avoid unauthorized access to CPaint.CH’s services, the customer agrees that he will only receive the corresponding credit (credit) for the use of CPaint.CH’s services after receipt of the The entire fee is made available to an CPaint.CH account. If the customer pays by credit card or direct debit, he hereby expressly declares that he waives his right of cancellation unless there is an important reason for this.

7.4 CPaint.CH concludes contracts and agreements in accordance with the ICC 500/600 agreement (International Chambers of Commerce, Paris). According to which the non-circumvention (NDA) of customers and suppliers towards CPaint.CH is secured. In the event of violations, CPaint.CH has the right to withhold commissions, advance services, inventory and advance payments up to an amount of 50% of the order value. The right to do direct business is still possible for a period of 3 years, but must be compensated with a commission of 2.5% of sales.

7.5 The customer has the right to return the item purchased from CPaint.CH within 10 calendar days. The customer must provide written evidence of justified complaints within 3 calendar days and document the defect. In the event of an unjustified complaint and return without qualified proof, CPaint.CH is entitled to withhold 20% of the purchase price as compensation for expenses and is not obliged to take back the goods. This also applies if the customer withdraws from the purchase after receiving the invoice.

7.6 Within the EU, we deliver directly to the customer using a courier service or collect the goods. Each customer is responsible for customs clearance outside Switzerland. The agreed payment method begins with acceptance. For goods worth less than USD 5,000, we charge USD 53.00 shipping costs within Switzerland; separate delivery costs are charged for EU areas. For goods worth up to USD 50,000, the shipping costs are split and for orders over USD 50,000, CPaint.CH covers the shipping costs in total. If the customer sends goods back to us for a legitimate reason (defective goods), CPaint.CH will cover the entire cost. If the customer returns goods that have already been purchased, 20% of the order value will generally be retained as compensation for expenses. In individual cases, the expense allowance can be up to 40%. The exchange rate and the associated currency risk are mutually excluded.

7.7 CPaint.CH reserves ownership of the delivered item until full payment has been made. If the buyer does not fulfill his contractual obligations, especially in the event of late payment, we are entitled to take back the delivered item; the buyer is obliged to return the item. The request for return does not constitute a withdrawal from the contract unless we have expressly stated this in writing. If the invoice has been drawn up and the customer is unable to pay due to lack of funds or is unable to pay within the agreed deadline, the flat rate fee will be reimbursed at 1.8% of sales. If the invoice is not booked out or canceled before the 30th of the month, a further 7.7% will be charged as an expense allowance.

7.8 If appointments are canceled late, CPaint.CH is entitled to charge the daily flat rates of the respective administrative boards and boards of directors. It is considered late if the appointment is canceled within 48 hours before the start of the appointment. The cost rates are USD 3,500 per director for the board of directors and USD 5,000 per director per day for the board of directors. This applies especially in the event that appointments are canceled during unoccupied office hours. The hourly rate for the Board of Directors is $350.00 per hour and for the Board of Directors is $500.00 per hour and is set per day. Office hours are Monday to Friday from 8:00 a.m. to 8:00 p.m., these times are binding. FAXes or e-mails delivered outside these times are also considered to have been delivered late.

8. Liability

8.1 CPaint.CH is generally liable for each individual case with a certified and guaranteed amount of USD 5,000,000.

8.2 If the customer demands a performance guarantee, this will and can be concluded for a significantly higher sum after checking. This will then be examined and regulated separately by our lawyers and insurers. The customer bears these costs.

8.3 Default of payment is generally excluded by a default guarantee and is covered by a reinsurer with at least USD 5,000,000 in individual cases.

9. Contract term

9.1 The contract is concluded for an indefinite period of time. The customer can terminate the contractual relationship at any time and without giving reasons with a notice period of fourteen days, unless otherwise agreed. If the customer has credit at the time of termination, the usage fees for the services already paid for in the contract will be refunded in cash. A refund in cash is excluded. The client is responsible for disclosing the refund account and bears all costs for the refund.

10. Accountability

10.1 CPaint.CH is only responsible for its own content that it makes available for use in accordance with general laws (§ 5 Para. 1 TDG). CPaint.CH is only responsible for third-party content that it makes available for use if it is aware of this content and it is technically possible and reasonable for it to prevent its use. However, this only affects criminal liability; civil liability for third-party content is excluded unless the distribution was intentionally made with knowledge of the incorrect content. CPaint.CH is not responsible for external content to which it merely provides access. An automatic and short-term retention of third-party content based on user queries is only considered to provide access. CPaint.CH reserves the right to block third-party content if it is punishable under applicable laws or is clearly used to prepare criminal acts.

11. Performance delay

11.1 CPaint.CH is not liable for delays in delivery and services due to force majeure and events that make the services significantly more difficult or impossible for CPaint.CH, even if deadlines and dates have been agreed upon in a binding manner represent. These are then extended by the time of the delay. The place of performance for all services, if the customer is a merchant, is CPaint.CH at Flughofstrasse 47 in 8152 Glattbrugg / Zurich Switzerland.

12. Data security

12.1 Our customers, suppliers and business partners declare their implicit agreement with every data exchange that all data will be secured at CPaint.CH. This applies in particular to incoming and all outgoing telephone calls. These are automatically recorded and serve as admissible evidence in legal cases and to optimize the call center. Here we refer to the data protection regulations.

13. Final provisions

13.1 Any changes, additions or partial or total cancellation of the contract must be in writing, including modifications or cancellation of the written form requirement. The exclusive place of jurisdiction for all disputes arising from this contract is if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany, the place of jurisdiction is Zurich Switzerland. For the contracts concluded by CPaint.CH on the basis of these General Terms and Conditions and for claims arising from them, regardless of their nature, English law applies exclusively, excluding the provisions of the uniform UN Convention on Contracts for the International Sale of Goods regarding the purchase of movable items. If provisions of these general terms and conditions and/or the contract are or become ineffective, this will not affect the effectiveness of the remaining provisions. Rather, instead of each ineffective provision, a replacement provision that corresponds to or at least comes close to the purpose of the agreement applies, as the parties would have agreed to achieve the same economic result if they had known that the provision was ineffective. The same applies to incompleteness.

As of the last update CPaint.CH April 30th, 2024