Conditions of participation for “delivery of invoices by email in .pdf format service”

These conditions regulate the participation of customers (hereafter “Recipients”) of Lyreco Switzerland AG (hereafter “Lyreco”) in the sending of invoices as e-mail attachments in .pdf format (hereafter “.pdf invoices”).

By signing up in the Web Shop for receipt of invoices as e-mail attachments in .pdf format, the customer accepts these conditions of participation.

1. Service

Lyreco makes the invoices available to the Recipient as e-mail attachments in .pdf format and ensures that the invoices are transmitted with an electronic signature.

2. Infrastructure required

The Recipient is responsible for the provision of the necessary infrastructure for receipt of .pdf invoices. The Recipient agrees to undertake appropriate security measures with respect to their infrastructure (such as data storage and access authorisations).

Errors in the transmitted Recipient contact data do not exempt the service recipient from the obligation to pay.

3. Data transmission and identification

The transmission of login data is made to the e-mail address given by the Recipient upon sign-up.

Anyone who identifies themselves using these identification characteristics, manually or by automated means, is legitimate as far as Lyreco is concerned.

Lyreco verifies only this login data; no other authentication is performed. Existing commercial registry entries, internal legal structures, and power of attorney arrangements are therefore not taken into account. The identification characteristics are to be kept confidential and protected from use by unauthorised individuals.

The Recipient bears full responsibility for the observation of confidentiality regulations and informs any third parties involved (assistants, employees, etc.) of these regulations.

4. Invoice data

The Recipient is responsible for the storage of invoices according to legal provisions (especially Article 962 ff. of the Swiss Federal Code of Obligations (OR), Value Added Tax Law (MWSTG), Accounting Ordinance (GeBüV) and Electronic Data and Information Ordinance (EIDI-V)). They recognise that the invoice data, especially the invoice details, are always archived by Lyreco in an electronic safe. In this case, Lyreco stores them for 10 years and makes them available from the Lyreco safe, which is accessible to the Recipient seven days a week, 24 hours a day.

5. Data security

Lyreco agrees to take all precautions that are economically feasible and technically and organisationally possible to ensure that data gathered are protected against unauthorised access by third parties.

6. Data protection and confidentiality obligation

Lyreco agrees to comply with the provisions of data protection legislation. It protects customer data with appropriate measures and treats them with strict confidentiality. The data that become available to it within the context of the service provision will be used solely for the purpose of contract processing.

7. Digital signature

Lyreco confirms that the affixed digital signature conforms to the legal requirements of the signing of electronic invoices (Electronic Signatures Act, ZertES).

8. Signature verification by Recipient

The law requires that the digital signature be systematically verified and logged by the Recipient during automatic processing. If the processing is not performed automatically, it is sufficient for the verification of the digital signature be performed to the extent necessary (spot check) (Article 3 of the Electronic Data and Information Ordinance (EIDI-V)).

9. Prices and conditions

The service of sending invoices as e-mail attachments in .pdf format is provided at no charge to the Recipient.

10. Liability

The provision of the infrastructure for the access to the “sending of invoices in .pdf format” service provided by Lyreco is the concern of the Recipient. Lyreco bears absolutely no liability for damage the Recipient may suffer due to transmission errors, technical defects, malfunctions, illegal access to telecommunication systems by third parties, network overload, intentional overloading of electronic access points by third parties, interruptions, or other deficiencies.

Having performed its due diligence, Lyreco bears liability neither for the consequences of malfunctions and interruptions, nor for the damage arising from the failure to perform contractual obligations; it bears no liability for indirect or consequential damage, or for additional expenditures or claims by third parties.

If security risks exist, Lyreco reserves the right to interrupt the service. Lyreco bears no liability for any damage caused by such an interruption.

The Recipient is responsible for the correct verification of the digital signature. If the Recipient performs the verification incorrectly or not at all, Lyreco bears no liability for resulting damage. Lyreco bears no liability for damage resulting from failure to fulfil contractual obligations on the part of the Recipient or of third parties the Recipient engages.

Otherwise, Lyreco bears liability as outlined by the Lyreco Switzerland AG general terms and conditions of business.

11. Provisions for Lyreco

Lyreco agrees to fulfil requirements with respect to VAT, especially the provisions of the Swiss Value Added Tax Law (MWSTG), its execution provisions as conveyed by the Value Added Tax Ordinance (MWSTV), and the Electronic Data and Information Ordinance (EIDI-V) which regulates electronic commerce, and bear the obligations stipulated in the Accounting Ordinance (GeBüV – Article 957 of the Swiss Federal Code of Obligations (OR).

12. Modifications and additions to the service

Lyreco may modify these conditions of participation at any time if the applicable standards, procedures, etc. change. The Recipient will be informed of the modifications and their effects in good time and in a suitable manner.

13. Termination

If the invoice recipient requires paper invoices, they can be requested at any time by contacting Lyreco Switzerland AG Customer Service (0800 484 484) or sending an e-mail to bestellungen.ch@lyreco.com.