1. Scope of application
These Terms and Conditions (Print and Dispatch Order) – hereinafter referred to as T&C – govern the business relationship between customers and Digi Post (Thailand) in connection with the use of Print and Dispatch Orders. Digi Post (Thailand) is a brand of sole-proprietorship A.V.K. located in Bern, Switzerland, which are both referred to as “Digi Post (Thailand)” for the purpose of these T&C. 

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The contract concluded through the acceptance of the order by Digi Post (Thailand) is based on the electronically registered order data submitted by the customer, these T&C and the service descriptions provided on Digi Post (Thailands) website www.digipostthailand.com. Digi Post (Thailand) shall not assume any obligation to accept orders.

The latest version of these T&C in force and applicable to all existing contractual relationships for Print and Dispatch Orders is published on Digi Post (Thailand)'s website www.digipostthailand.com.

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2. Range of services
The range of Print and Dispatch Orders includes the printing, folding, packing into envelopes, labeling and dispatching customers' 'goods to print' and is described on Digi Post (Thailand)'s website www.digipostthailand.com.

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3. Ordering
The customer shall provide Digi Post (Thailand) with the data required to process the order in a timely manner and shall observe the individual applicable format specifications (i.e. number, size and format of the data), which are regulated on Digi Post (Thailand)'s website. Customers are responsible for ensuring that the 'goods to print' does not contain any illegal or immoral content. The details that are submitted must be truthful. In case of doubt, Digi Post (Thailand) reserves the right to query to the customer.

Digi Post (Thailand) sends a confirmation of the order by email. Digi Post (Thailand) will store the order data for 14 days. It will then be deleted without further notice to the customer. 

In the event that Swiss Post cannot fulfil the order, it will attempt to inform the customer email.

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4. Prices
The fees for the relevant order is shown on the Digi Post (Thailand) website upon entry or all required data or in the order confirmation and must be paid prior to the execution of the order.

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5. Dispatch
Digi Post (Thailand) will endeavour to print and send the 'goods to print' as soon as possible on a first-in/first-out basis and confirm the dispatch with emailing the posting receipt to the customer. However, a binding posting date cannot be guaranteed, and liability is therefore excluded in this respect.

 

6. Payment
The customer can pay for the service using the channels communicated during the ordering process on Digi Post (Thailand)'s website www.digipostthailand.com 

 

7. Liability
As permitted by law, Digi Post (Thailand) does not accept any liability for damage or loss due to incidental or ordinary negligence.
To the extent permitted by law, Digi Post (Thailand) does not accept liability for direct, indirect or consequential damage such as loss of profit, loss of data or damage resulting from downloads.
Digi Post (Thailand) does not accept any liability for damage or loss caused by auxiliary staff and third parties it engages (e.g. sub-contractors, suppliers, etc.) which result from incidental or ordinary negligence. To the extent permitted by law, Digi Post (Thailand) does not accept liability for damage or loss as a result of improper use of its services (in breach of contract or law).
Digi Post (Thailand) shall not be liable – to the extent permitted by law – for damage due to force majeure (e.g. earthquake, storms, power outages) or disruptions caused in particular by a lack of Internet connection, unlawful interference with telecommunication infrastructure, overloading of networks, willful blocking of electronic access by third parties or any interruptions.

Third party services are not subject to any representations or warranties as to availability, quality, operation or support.

 

The customer shall remain obliged to pay for consignments that have been produced with errors if the customer is responsible for the defectiveness.

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8. Legal warranty
Customers are responsible for providing data in printable quality. Customers guarantee that they are entitled to all the intellectual property rights to the data provided to Digi Post (Thailand) or that they hold sufficient licenses. They also guarantee that, to the best of their knowledge, the commercial use of the data for the intended purpose neither violates third-party rights (including personal rights) nor other regulations in Thailand, their home country, or abroad.

Customers additionally guarantee that, at the time of concluding the contract, they are not aware of any third-party rights that preclude the execution of this contract and, in particular, that no copyrights held by photographers or graphic designers are infringed by the execution of the contract. Customers undertake to fully exempt Digi Post (Thailand) from any relevant claims by third parties (infringement of copyrights, breach of license agreement provisions) upon first request. Customers bear exclusive and unlimited responsibility for the content of the items that they have ordered. Digi Post (Thailand) explicitly assumes no legal warranty for 'goods to print' and recipient addresses that are supplied by the customer. All of the addresses provided shall remain with the customer. Racist, pornographic, violence-glorifying or other- wise illegal, immoral or offensive data/content is not admissible. Digi Post (Thailand) reserves the right to delete saved data and user accounts without consultation. In such cases, the selling price shall not be refunded.

Customers are responsible for entering the order data correctly. Digi Post (Thailand) is not obliged to check the data provided. In the event that it is subsequently determined that an order contains inadmissible content, Digi Post (Thailand) can refuse to deliver the 'goods to print' without any liability for damages. In this case, the customer shall compensate Digi Post (Thailand) for all costs yet to be incurred in this context that result from the destruction of 'goods to print' that has already been produced. Any relevant claim by Digi Post (Thailand) shall be offset from the payment made by the customer. Any remaining surplus will not be refunded.

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9. Data protection

The customer shall be responsible for ensuring compliance with all data protection legislation requirements relating to the personal data of third parties (particularly recipient addresses) provided by the customer for the provision of the service as contracted, specifically the disclosure of the personal data to third parties.

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Digi Post (Thailand) and the third parties engaged by it for the provision of services shall comply with Thai data protection legislation.
In particular, Digi Post (Thailand) is committed to the following principles:

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Accumulating data and processing purpose:
Digi Post (Thailand) collects, stores and processes data required for the provision of the services of the services, for the handling and maintenance of the customer relationship, namely for ensuring a high quality of service, for the security of operation and infrastructure as well as for invoicing (customer data).

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Use and sharing of data:
The customer data is used for the processing of the individual services and for communication with the customer. If subcontractors are used for this purpose, Digi Post (Thailand) will ensure that they use the data exclusively for the performance of subscribed services.
The data is analyzed for the purpose of designing and improving Digi Post (Thailand)’s services.
The customer's data will not be passed on to third parties. In case of enquiries by governmental authorities (e.g. in criminal proceedings) the required data will be disclosed, provided that this is required by law and Digi Post (Thailand) is obliged to do so. Furthermore, Digi Post (Thailand) may process the data if its legally protected interests are at risk, namely for the defense or enforcement of claims. For example, data may be disclosed to debt collection service providers in such cases.

Data may be processed and stored in foreign jurisdictions.  

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Data security:
The data is protected against unauthorized processing by appropriate and organizational measures. Due to the nature of forwarding letter post as scans by email, customers acknowledge that these transmissions are not encrypted. 

 

Right of information and data deletion:
Upon cancellation of the subscription, the data will be completely deleted after a period of three months. In addition, the customer may at any time request information about the data processed and, after termination of the contract, request the complete deletion of all data. Any legal obligations to the contrary remain reserved.

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10. Amendments to the T&C
Digi Post (Thailand) can amend the T&C at any time and can modify or stop the service.

 

11. Severability clause
Should individual provisions of these T&C be invalid, incomplete or illegal, or should performance be impossible, this shall not adversely affect the effect of the other parts of the contract. In this case, the parties shall undertake to replace the clause in question by an admissible effective clause whose content comes as close as possible to the original intention, unless this conflicts with consumer protection provisions.

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12. Applicable law and place of jurisdiction
The contract is governed by Thai law. The UN Convention on Contracts for the International Sale of Goods shall not apply.
The place of jurisdiction is Saraphi district, Chiang Mai province, Thailand.

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13. Legal form of publication
The legally binding T&C which constitute an integral part of the contract are published electronically and can be viewed at www.digipostthailand.com.In exceptional cases, Digi Post (Thailand) may provide a physical version of the T&C at the customer's request. The customer acknowledges that a physical version of the T&C is only an illustration of the electronically published T&C in force at that time, which alone is legally binding, and only conveys legally valid information as long as it is consistent with the electronic version.