General Terms and Conditions
(1) The following general terms and business conditions apply to all business relationships closed over the online shop between STAINER and the purchaser. The purchaser acknowledges that it is solely these general terms and conditions which apply when making an unconditional order and/or inquiry.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity.
(3) Only the German version of the General Terms and Conditions is valid in a court of law.
2. Offer and Contract Conclusion
(1) The goods and product descriptions from the web shop do not represent binding offers, but serve only for the purpose of the submission of a contractually binding offer by the customer. The purchaser can submit his offer by the online-order system (webshop).
(2) Observe the following when purchasing from the web shop:
All goods intended for purchase are placed in the „shopping basket". By clicking on the „shopping basket“ in the navigation bar, the purchaser can make changes at any time.
After calling up the site „to cash register" and entering personal data, delivery type and payment conditions, all order data will be displayed.
Before submitting the order, the purchaser has the option once again to to check data, change data or cancel the purchase.
When placing an order by clicking on the “submit order” button, the purchaser submits a binding offer to STAINER. Once the order has been received, the purchaser will receive an automatically-generated e-mail, which does not yet close the contract. The purchase contract materializes with the sending of a delivery confirmation or with the delivery of goods.
3. Price and shipping costs
(1) The prices represent the final purchase price including value added tax.
(2) The applicable shipping costs are not included in the purchase price. They are listed separately during the order process and shall be borne by the purchaser, unless delivery is free of charge.
4. Delivery Terms and Partial Delivery
(1) Delivery normally takes place within 10 workdays from placement of order. The payment option "prepayment" means that the goods will be shipped to the designated delivery address. STAINER is only obliged to perform once the purchaser has met all his obligations.
(2) In the case of delivery delay or the failure to delivery by STAINER, the purchaser is entitled to the sole withdrawal of the purchase contract, with the exclusion of all further claims, provided he has previously granted STAINER an adequate grace period in writing with the declaration that after the expiration of this grace period, the purchaser will no longer accept delivery of the product(s).
(3) STAINER is entitled to make partial deliveries. Larger- or smaller quantity deliveries of up to 10% are permitted for technical reasons and are balanced pro rata at the agreed-upon invoice price.
(4) All delivered packages of all tariff categories are subject to ARA license number 9553, valid until recalled, and could not be returned.
5. Transfer of Risk
The risk of accidental loss and and/or accidental deterioration of goods is transferred to the purchaser with delivery of goods by the assigned freight forwarder.
All delivery of goods is considered to be without assembly. If the purchaser requests assembly, mounting or exact adjustment, this must be specified in written form when ordering the product(s) and the purchaser is responsible for the resulting additional costs. STAINER will not execute any work which exceeds their manufacturing authorisation. Electrical connections, structural modifications as well as other measures required for assembly must be performed by the purchaser. In the absence of a written agreement, billing of assembly costs will be at the standard hourly rate.
7. Default of Acceptance
(1) If the purchaser does not accept delivery of goods or the postal service is unable to deliver the goods to the purchaser, STAINER has the right to store the goods at the expense of the purchaser, and after the granting of a reasonable grace period may withdraw from the contract and at their own discretion seek compensation instead of fulfillment, at the rate of 20% of the gross order price.
(2) STAINER reserves the right to lodge further compensation claims, notably those resulting from additional storage costs as well as resale losses.
8. Terms of Payment and Prohibition of Offsetting
(1) The payment conditions can be found under the „Payment“ button. STAINER reserves the right to exclude certain payment methods. When choosing the payment method „Prepayment“, the bank account number of the purchaser is disclosed and the amount of the invoice must be transferred within 14 days of disclosure of bank account number.
(2) Receipt of payment by STAINER or a credit to the account of STAINER shall be considered the day of payment. If prompt payment is not made to the account of STAINER, the company has the right to withhold delivery.
(3) In the case of no deviating specifications by the purchaser, STAINER may set incoming payments made by the purchaser off against the oldest current invoice including interest and expenses.
(4) In the case of unintentional delayed payment, STAINER is authorised to charge past-due interest in the amount of the usual bank debt interest. Furthermore, STAINER is authorised to withhold any outstanding deliveries or services as well as to demand payment in advance and other payment guarantees.
(5) If the aforementioned payment terms are not met or circumstances known, according to dutiful commercial judgement, which could lead to lowering of the creditworthiness of the purchaser, then all outstanding claims against the purchaser become due for payment immediately.
(6) The customer may only offset claims if his/her counterclaim has a legal association with his liability and has been acknowledged or legally established by STAINER.
9. Warranty and Liability
(1) The legal warranty conditions apply.
(2) Special provisions for the delivery of plastic films or boards meant for further processing or which will be produced with data provided by the purchaser:
(a) Designs intended for printing must be proofed by the purchaser for correctness, size and version and be accompanied by a signed release form. Once the release form has been signed, the risk of any error is transferred to the buyer, as long as the error cannot be attributed to the Printing/Manufacturing Declaration subsequent manufacturing process.
(b) STAINER assumes no liability for the suitability of materials provided by the purchaser. Only in the case of visible unsuitability of materials provided by the purchaser must STAINER warn the purchaser. In all other cases, compensation obligation is excluded.
(c) It is expressly noted that the end product – due to different manufacturing processes and the material used (provided by purchaser) may exhibit color variations in comparison to pre- and intermediate product. Thus, variations in color are not considered to be defects.
(d) By the delivery of plastic foils or boards or subcontracting work or further processing, STAINER is not liable for negative impact of the materials to be further processed or subcontracted as long as the damage has not been caused intentionally or in a reckless manner. Liability for consequential damage (such as damage to materials supplied by purchaser, downtime, etc.) is also excluded as long as the damage has not been caused willfully or by gross negligence. Liability is excluded for damages occurring from deficient storage.
(3) STAINER is only liable for damage if this is caused by gross negligence which can be proven within the framework of statutory provisions; this does not apply to damages arising from injury to life, body and health.
The liability for indirect damage, profit loss or positive breach of contract is excluded.
10. Title Retention
(1) All delivered and assembled goods remain the property of STAINER until complete payment of the purchase price with tax and additional fees.
(2) Retention of title also applies to products emerging through processing. In the event of any processing, connecting, commingling or mixing of the reserved goods with other goods, STAINER will acquire co-ownership of the generated products in proportion to the pro-rata value added. In so far that this percentage cannot be determined, according to gross contract price, at least 30% of the value of the resultant products.
11. Right of Withdrawal by Distance Selling
(1) The purchaser, with residence in the EU, has the right under the Consumer Protection Act (KSchG) to withdraw within 14 calendar days without reason from a distance selling contract or a distance selling contract declaration (postal service, internet, telephone, fax). The grace period begins on the day that the consumer acquires material possession of goods or respectively with a partial deliver on the day which the consumer took possession of the last partial shipment. The consumer is obligated, in this case, to inform STAINER of the withdrawal by means of a written clear statement (postal service, fax, e-mail). Additionally, the consumer can use the sample withdrawal formula provided.
Fa. Stainer Schriften & Siebdruck GmbH & Co KG
Gewerbegebiet 205, 5092 St. Martin bei Lofer
Withdrawal is still considered to be timely when the buyer posts cancellation on the final day of the grace period.
(2) If the goods have already been delivered to the purchaser, they must be promptly returned to STAINER along with bank account details of the purchaser. The return shipment of the goods with actual costs and shipping costs must be borne by the purchaser. After receiving the goods, STAINER is obligated to promptly refund the amount of payment to the bank account entered by the purchaser - at the latest within 14 days - from the receipt of the declaration of withdrawal. However, STAINER is authorised to withhold the refund until the goods have been properly received or proof has been received of return shipping.
(4) STAINER states explicitly, that a large part of products are manufactured according to client specifications and/or the personal needs of the buyer, thus the statutory right of withdrawal for distance selling does not apply.
12. Newsletter, Data Protection and References
(1) The purchaser agrees to be informed by STAINER or an affiliated company about new products and services by e-mail (newsletter).
(2) The purchaser furthermore agrees with the use of images as references in brochures, project descriptions or on the STAINER website or the website of a company connected with STAINER.
13. Right of reproduction, drawings, samples and property rights
(1) Plans, sketches, samples, other technical materials, remain solely the property of STAINER.
(2) The purchaser is liable to STAINER for any utilisation, copying or dissemination requiring the express agreement of Firma STAINER. All the documents listed above can be recalled by us at any time and must be returned to us without delay and without prompting if the order is not placed. Our contractual partner is also obliged to maintain secrecy with respect to third parties for knowledge which he has acquired as a result of the business relationship.
14. Court of Jurisdiction, Applicable Laws, Safeguarding Clauses
(1) Contract language is German. The contract text will be stored by STAINER. However, the purchaser is responsible for the storage of his own copy.
(2) This contract is subject to Austrian law to the exclusion of the UN Sales Convention.The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory [...] provisions of the country, in which the consumer maintains his customary residence is not withdrawn.
(3) The court of jurisdiction for disputes arising from the contractual relationship based on these General Conditions of Business is agreed to be the responsible court for the (main) headquarters of the Firma STAINER, the district court of Zell am See and regional court of Salzburg. In the case of consumer business, this shall apply for complaints by our company against a consumer only if the customer has domicile, his usual residence or his place of business in the area of jurisdiction of this court at the time of concluding the contract. As well as the court of jurisdiction defined in the first sentence, all other legal courts of jurisdiction shall apply for complaints by the consumer against the company.
(4) In case of ineffectiveness of individual clauses, this shall not affect any part of the remaining provisions. The contractual partners are obligated to agree upon a new provision which comes as closely as possible to the ineffective provision.
Stainer Schriften & Siebdruck GmbH & Co KG, St. Martin 12.2015