General Terms and Conditons

Version: 01 January 2018

In case of any questions, Die Netzproduktion GmbH is available via info@dienetzproduktion.ch.
Die Netzproduktion GmbH, subsequently called DNP, is an independent enterprise, established in the course of the merger between Schweizer Fernsehen and Schweizer Radio DRS.
The purpose of the company is to create audio and video carriers for voice and music recordings.
Production of these carriers is based on web technology, using a broad network of partners.
Registered users compile their own CD from their contents. DNP subsequently produces CDs on demand. CD burning technology (CD-R) is used for producing the CDs. Upon request of the Customers, the product is offered for sale through the shop, with the Customers being entitled to a share of the sales.

1. Scope

   These General Terms and Conditions apply to the contents of the websites www.dienetzproduktion.ch, www.cdod.ch.
   By using the website, the Customers declare that they have read and understood the present General Terms and Conditions and state that they fully and expressly acknowledge them.
   Customers are responsible for their own contents. They are able to leave their web presences with the aid of certain links in order to access external websites. DNP does not accept any responsibility over the contents, products and services offered or other offers made on these websites.
   By placing an order, the Customers declare their agreement with these General Terms and Conditions. All orders are binding.

2. Delivery

   DNP delivers orders free of charge. Delivery is limited to addresses within Switzerland and the Principality of Liechtenstein. Deliveries are only made to the Customers and are subject to quantitative restrictions. Deliveries are usually made within 10 working days. DNP reserves the right to block Customers’ access in case of refusal to accept the delivery. In case of a second delivery for reasons of incorrect address information, the Customers are liable to pay the delivery costs incurred. Information on delivery dates are non-binding. In case of delayed deliveries, the Customers are informed by e-mail. They then have the possibility to cancel their orders if production has not yet started.

3. Uploads

   The Customers declare that they hold all copyrights and rights of use for all texts, audios, videos, photos and pictures, etc. uploaded for compiling the CD (see also paragraph 7, Copyrights). The Customers release DNP and its partners from all third party claims that may arise from the use of uploaded works according to contract, including legal defence costs. This release applies without any restrictions in time, place or object.

4. Exchange/Wrong Delivery/Notification of Defects

   Goods may bee exchanged in case of wrong deliveries, transport damages and manufacturing defects, whereby DNP’s liability is limited to a replacement of the goods. The Customers have no right of cancellation of the contract or reduction of the purchase price if a replacement can be delivered within a reasonable period. DNP is to be immediately notified in case of wrong delivery and manufacturing defects (info@dienetzproduktion.ch). In case of wrong delivery, the goods that are the subject of the claim have to be returned to DNP with a corresponding note within 10 days (postmark date). In case of damages occurred during delivery, complaints must be filed within 10 days as otherwise the entitlement to free replacement will expire. In case the goods complained about are not returned or in case DNP cannot detect any damage of the goods complained about or only detects damages caused by the Customers, then the Customers will be liable to pay the costs for replacement. Goods that are not to the Customers’ liking may not be returned. Audio, visual and data carriers may only be returned in their original packaging. Notifications of defects must be made in writing within 10 days of receipt of the goods.

5. Invoicing / Terms of Payment

   The price list published on www.cdod.ch is binding, subject to changes. One invoice is sent per delivery. Value-added tax is stated on the invoice. DNP reserves the right to process orders against advance payment only. Invoices are payable within 10 days net.

6. Distribution

   At the Customers’ request, their products may be offered for sale through the shop (exclusively). DNP will check that there are no legal issues with these products prior to publication, and relevant information will be automatically sent to SUISA for review. Possible copyright royalties are included in the price. Delivery and invoicing of products is effected by DNP. Products are not delivered abroad.

7. Copyright

   All rights of the products are reserved to the Customers. DNP produces exclusively on behalf of the Customers.
   The Customers herewith confirm that they have unlimited possession of all copyrights and rights of use of all audio and video data as well as all pictures and texts uploaded in connection with their product (subject to the rights held by collecting administration societies such as SUISA). Copyright royalties are invoiced by SUISA, who will receive a sample copy of the product.
   The Customers specifically confirm that they are not bound to any label, publishing or production contracts and that they have not conceded their rights to the data mentioned to third parties for use, neither partly nor in full. The Customers release DNP and its partners from all third party claims that may arise from the use of uploaded works according to contract, including legal defence costs. This release applies without any restrictions in time, place or object.

8. Data Privacy

   DNP undertakes to observe applicable legal regulations concerning data privacy.

9. Liability

   DNP is neither liable for any losses or damages of any kind that may arise from the access to, use, performance or queries of the DNP website nor for any damage resulting from linking to other websites. Furthermore,
   DNP does not accept any liability for any disruptions of access to the website as a consequence of force majeure or of events for which DNP is not responsible, especially the breakdown of communication networks and gateways.

10. Applicable Law / Place of Jurisdiction

    All legal relations shall be subject to Swiss law. The exclusive place of jurisdiction for any disputes shall be Basel.

© Die Netzproduktion GmbH, Basel, 01 January 2018

Die Netzproduktion GmbH
Bernhard-Jaeggi-Weg 44
CH-8055 Zürich
+41 79 277 3939
www.dienetzproduktion.ch