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General Terms And Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for the Processing of Goods According to Customer Specifications
  10. Applicable Law
  11. Jurisdiction
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Druckplan GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms, unless otherwise agreed.

1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly not attributable to your commercial or independent professional activity.

1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 We can accept your offer within five days by:

  • sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
  • delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
  • requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 When submitting an offer via our online order form, the contract text is stored by us after the conclusion of the contract and sent to you in text form (e.g., email, fax, or letter) after you have sent your order. Beyond that, the contract text is not made accessible by us. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the corresponding login data.

2.5 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

4.2 The payment options available to you are communicated in our online shop.

4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after the conclusion of the contract, unless we have agreed on a later due date with you.

5) Delivery and Shipping Conditions

5.1 If we offer the shipment of the goods, delivery shall be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For the return shipping costs, the provisions of our cancellation policy apply if you effectively exercise your right of withdrawal.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you or a person authorized to receive the goods only upon handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you as a consumer as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if you have commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if we are not responsible for the non-delivery and have concluded a concrete hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, you will be informed immediately, and the consideration will be refunded to you without delay.

5.5 If we offer the goods for collection, you can collect the ordered goods during our specified business hours at the address we have provided. In this case, no shipping costs will be charged.

6) Retention of Title

If we provide advance performance, we reserve the right of ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur:

  • we have the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from the transfer of risk;
  • the rights and claims due to defects in used goods are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of the limitation period do not apply:

  • to your claims for damages and reimbursement of expenses,
  • if we have fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If you act as a consumer, you are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform us accordingly. If you do not comply with this, this has no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise regulated,
  • based on mandatory liability such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable, typical damage, unless we are liable without limitation in accordance with the clause above. Material contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which you may regularly rely.

8.3 Any further liability is excluded.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If we are contractually obliged to process goods according to your specifications in addition to the delivery of the goods, you must provide us with all contents required for processing such as texts, images, or graphics in the file formats, formatting, image and file sizes specified by us and grant us the necessary rights of use. You are solely responsible for the procurement and acquisition of rights to these contents. You declare and assume responsibility that you are entitled to use the content you submit. In particular, you ensure that no third-party rights are violated, especially copyrights, trademark rights, or personal rights.

9.2 You shall indemnify us against claims by third parties which they may assert against us in connection with a violation of their rights due to the contractual use of the content provided by you. You also bear the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

9.3 We reserve the right to reject processing orders if the content provided by you violates legal or official prohibitions or offends common decency. This applies in particular in the case of the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or violent content.

10) Applicable Law

The law of the Republic of Austria shall apply to all legal relationships between you and us, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Jurisdiction

If you are a merchant, a legal entity under public law, or a special fund under public law based in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. If you are based outside the territory of the Republic of Austria, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to your professional or commercial activity. In the above cases, however, we are also entitled to call the court at your place of residence.

12) Alternative Dispute Resolution

We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.