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General Terms And Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  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. Place of Jurisdiction
  12. Alternative Dispute Resolution

1) Scope of Application

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

1.2 You are a consumer under these GTC if you conclude a legal transaction for purposes that are predominantly outside your trade, business, or profession.

1.3 You are an entrepreneur under these GTC if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

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

2.2 You can submit an 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 offer to enter into a contract regarding the goods in your cart by clicking the final button in the order 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 receipt of the order confirmation by you is decisive, or
  • delivering the ordered goods to you, whereby 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 one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after your offer is sent and ends on the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer, and you are no longer bound by your declaration of intent.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Conditions

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

4.2 The payment methods available to you will be communicated in our online shop.

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

5) Delivery and Shipping Conditions

5.1 If we offer shipping 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 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 for the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs in the event of effective withdrawal, the provisions of our cancellation policy apply.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and 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 are acting as a consumer, the risk generally passes to you only upon handover of the goods to you or to a person authorized to receive them. Notwithstanding this, the risk shall pass to you as a consumer as soon as we have handed over the goods to the carrier, freight forwarder, or other shipping agent if you commissioned the shipment and we did not previously name this party to you.

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

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

6) Retention of Title

If we provide goods in advance, we retain title to the delivered goods until full payment of the purchase price owed has been made.

7) Warranty for Defects (Liability for Defects)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

7.1 If you are acting as an entrepreneur:

  • we have the right to choose the type of supplementary performance;
  • the limitation period for defect claims for new goods is one year from delivery of the goods;
  • rights relating to defects in used goods are excluded;
  • the limitation period shall not recommence if a replacement is provided under warranty.

7.2 The above limitations of liability and shortened periods shall not apply:

  • to your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • to any obligation of ours to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If you are a consumer, you are requested to report goods delivered with obvious transport damage to the delivery agent and inform us. Failure to do so does not affect your statutory or contractual warranty claims.

8) Liability

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

8.1 We shall be liable without limitation for any legal reason:

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

8.2 If we negligently breach a material contractual obligation, our liability shall be limited to the foreseeable, contract-typical damage, unless we are liable without limitation under the paragraph 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 is essential for the proper performance of the contract and on the compliance of which you may regularly rely.

8.3 Otherwise, our 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, according to the content of the contract, we also owe the processing of goods according to your specifications in addition to the delivery of the goods, you must provide us with all content 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 have the right to use the content provided to us. In particular, you are responsible for ensuring that no third-party rights are infringed, including but not limited to copyrights, trademark rights, or personal rights.

9.2 You shall indemnify us against claims by third parties that they may assert against us in connection with a violation of their rights due to the contractual use of your submitted content by us. In this regard, you also assume the necessary legal defense costs including all court and attorney's fees at the statutory rate. This does not apply if you are not responsible for the infringement. You are obliged to provide us immediately, truthfully, and completely with all information required to examine the claims and for a defense in the event of a claim by third parties.

9.3 We reserve the right to refuse processing orders if the content provided by you violates legal or official prohibitions or offends common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Applicable Law

All legal relationships between you and us shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of goods. For consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn 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 with a registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be our business location. If you are located outside the territory of the Republic of Austria, our business location shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that 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 in all cases to bring an action before the court at your place of residence.

12) Alternative Dispute Resolution

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