New Promotional Items
Sustainable Promotional Items
Swiss Made
Phone accessories
Drinkware
Caps and beanies
Portfolios & notebooks
Audio items
Writing items
Home items
Car items
Outdoor items
Tools & flashlights
Umbrellas
Promotional keychains
Bags & travel
Textiles and clothingGENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (“GTCS”) apply to any order placed by the customer (the “Customer”) with the company MyGift Sàrl (“MyGift”). MyGift reserves the right to modify these GTCS at any time and will inform the Customer accordingly.
- Acceptance of the GTCS: The Customer confirms having read and accepted the GTCS. In the event of a contradiction between the offer and the GTCS, the offer shall prevail.
- Offer: Any offer from MyGift is valid for a maximum of 1 month, unless a shorter period is mentioned on the offer itself.
- Order: Any order placed by the Customer becomes firm and final upon signature of the MyGift offer. Thereafter, orders can no longer be modified or canceled.
- Payment Terms: For any order exceeding CHF 15,000.00, MyGift reserves the right to request a 50% deposit upon signature of the offer; the remaining 50% is payable within 30 days from the date of receipt of the order. Payment terms for the first order are 100% upfront, including taxes. Payments must be made by bank transfer only. MyGift does not grant discounts for early payment. The price excluding tax will be increased by the VAT in effect on the billing date (if applicable).
- Over-deliveries and Under-deliveries: Over-deliveries and under-deliveries within a 10% margin are customary in the industry and are accepted by the Customer. We only bill you for the actual quantity delivered.
- Electronic Invoicing: You agree to receive invoices for your purchases electronically. Electronic invoices will be sent to you in “.pdf” format to the email address you specified during your order or to the contact email address if you have not provided a specific address for billing.
- Late Interest: In accordance with Article 104 of the Swiss Code of Obligations, MyGift reserves the right to apply a price increase if payment terms are not met: 5% per year starting from 10 days of non-payment, then 10% per year starting from 20 days of non-payment. The Customer is liable for this late interest by right, without the need for any reminder or formal notice. The Customer will also be liable by right for reminder, collection, and legal fees that may be added to the late interest.
- Transport and Delivery: Unless otherwise stated in the offer, the transport and delivery of orders in Switzerland or abroad are carried out at the exclusive cost and risk of the Customer. Consequently, MyGift assumes no responsibility for any delay or damage during transport and delivery.
- Deliveries Outside Switzerland: When you order products from MyGift to be delivered outside Switzerland, you may be subject to import duties and taxes which are levied once the order reaches its destination. Furthermore, any additional customs clearance fees and taxes will be your exclusive responsibility; MyGift has no control over these fees and taxes. Additionally, please note that when you place an order with MyGift, you are considered the official importer and must comply with all laws and regulations of the country in which you receive the order. We draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and inspection by customs authorities.
- Logistics and Quality: Your logistics and quality requirements must be specified to us prior to the signature of the offer. Otherwise, meeting these requirements may result in additional costs, and MyGift reserves the right not to comply. If all or part of the delivery address proves to be incorrect, MyGift cannot be held responsible for a delay in the delivery time of the ordered product or for the consequences on the condition of the products received by the recipient, particularly in the case of plants or food products (chocolate, candy, etc.), for example.
- Delivery Times: We indicate delivery times for orders by email or via our price offer depending on the products (working day periods, provided for information purposes and without commitment). Our product offers are subject to availability. In this context, information on product availability is provided at the time the offer is signed. In the event of product unavailability after the offer is signed, we will inform you as soon as possible. You may then request the cancellation or exchange of your order. If the Customer has a mandatory delivery date, this information must reach us as early as possible and be mentioned on the offer itself. MyGift cannot be held responsible for any delivery delay, or for direct and indirect consequences, if the maximum ex-factory date scheduled at the time of the order has been respected. In cases of force majeure (i.e., any event beyond MyGift’s control such as goods blocked in customs, bad weather, overturned truck, etc.), MyGift cannot be held responsible for any delivery delay or non-delivery and will not be liable for any compensation in this regard.
- Delivery Address: It is specified that if all or part of the delivery address proves to be incorrect, MyGift cannot be held responsible for a delay in the delivery time of the order or for the consequences on the condition of the products received by the recipient. MyGift will not be liable for any compensation in this regard.
- Execution of the Customer’s Order: MyGift may need to have the Customer’s logo vectorized by its graphic designers. This service will be billed at CHF 250.00 excluding tax in addition to the sale price of the order mentioned in the offer. If a logo must be created by MyGift, this service will be billed at CHF 550.00 excluding tax in addition to the sale price of the order mentioned in the offer. If the Customer requests the creation of a specific design for a product or packaging, the pricing will be calculated based on the number of hours spent by MyGift creating the requested design. Under no circumstances will MyGift hold material or intellectual property rights over the vectorization or creation of the logo; the Customer remains the sole owner of the rights to their logo. In the event of legal action or claims by a third party regarding the aforementioned material and intellectual property, the Customer agrees to make the necessary modifications to remove the disputed elements and replace them with non-disputed elements. MyGift will in no way be responsible, in the event of legal action or claims by a third party regarding material and intellectual property, for the logos provided by the Customer, nor for the photos provided by them, nor for the texts written by them. The Customer shall fully indemnify MyGift in this regard if a third party were to sue or form a claim against MyGift.
- Variations of Ordered Products: The products offered by MyGift may be branded. Slight variations in shade, appearance, or positioning can in no way lead to the refusal of the order acceptance, nor the payment provided for in the offer. Branding costs are indicated to you during price proposals and in the offer, as well as on the order acknowledgment. Branding is subject to technical constraints: it is possible that your logo cannot be produced exactly as you wish. We submit a press proof (BAT) created from the vectorized AI file provided by you for validation. The Pantone standard is required for spot colors and may show variations in results depending on the branding technique used, the percentage of four-color process (Cyan, Magenta, Yellow, Black), the material and color of the substrate, the branding surface, etc. The signature of the press proof, in file format, fully engages the Customer’s responsibility. If any modification whatsoever was not requested before production (font, colors, PANTONE, position, quantity, branding technique, logos, branding dimensions, branding appearance, or other), MyGift will in no way be responsible.
- Sample: Any sample ordered will be billed at the base rate cost, plus shipping fees. Samples are neither returned nor exchanged. The price of the sample for the ordered product reference may be deducted from your final order. Samples are to be paid upon receipt of the order acknowledgment.
- Prototype: A product press proof (prototype) can be produced according to your agreement and the current pricing. In the event of a subsequent order, the price of the prototype will be deducted from the amount of that order.
- “MyGift” Brand: MyGift is a registered and protected trademark. Any reproduction or copy of our creations and brands must be subject to prior written agreement from MyGift.
- Claim: Any claim regarding the delivered products must be made by email within a maximum of 3 days from delivery, failing which the products will be considered duly accepted by the Customer. No returns or replacements of products will be accepted without prior agreement by email from MyGift. In their claim, the Customer must provide the following information: the delivery note or invoice number, the product reference, the quantity, and the exact reason for the claim. MyGift will then rule on the claim and inform the Customer of its decision.
- Liability of MyGift: MyGift’s liability is limited to cases of intent or gross negligence. In this context, MyGift will only be liable for direct damages, to the exclusion of any other damage (indirect, punitive, economic, etc.) suffered by the Customer.
- Data Protection: MyGift processes the data of the Customer and its employees in compliance with Swiss and European legal provisions. By accepting these GTCS, the Customer gives their consent for MyGift to process and store the data necessary to fulfill its legal and contractual obligations. The Customer confirms informing their employees and having obtained their consent for the processing of their personal data by MyGift. For any further information, the Customer is invited to read MyGift’s Data Protection Policy available on the company’s website.
- Order Fulfillment: The Customer expressly accepts that MyGift may use subcontractors, in Switzerland or abroad, to produce all or part of the requested products or services. The Customer thus accepts that MyGift transmits to its subcontractors the information necessary for the fulfillment of the Customer’s order (design, logo, first name, etc.). It is specified that the use of information communicated by the Customer will be limited to the fulfillment of the order.
- Language of the GTCS: These GTCS are written in French and translated into English. In the event of a contradiction between the two versions, the French version shall prevail.
- Applicable Law and Jurisdiction: Swiss law, to the exclusion of private international law rules, is solely applicable to the relationship between MyGift and the Customer. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Convention) is also not applicable to these relations. The ordinary Geneva courts have exclusive jurisdiction to settle any dispute between MyGift and the Customer; the right of appeal to the Federal Supreme Court remains reserved.
GTCS – Version January 2024
