General Terms and Conditions (GTC)

1 Scope of application

(1) The following General Terms and Conditions shall apply to all business relations between STAINER and the Buyer. With every unconditional order, inquiry, etc., the Buyer acknowledges that the present General Terms and Conditions shall apply exclusively.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

2 Offer and conclusion of contract

(1) The goods and product descriptions contained in the webshop do not constitute binding offers, but only serve to submit a binding offer by the buyer. The buyer can submit his purchase offer via the online ordering system (webshop).

(2) The following must be observed when purchasing via the webshop:

The goods intended for purchase are placed in the “shopping cart”. The buyer can call up the “shopping cart” via the button in the navigation bar and make changes there at any time.2. Angebot und Vertragsabschluss

After accessing the “Checkout” page and entering the personal data, delivery method and payment terms, all order data is displayed again.

Before submitting the order, the buyer has the opportunity to check and change all details or cancel the purchase.

By sending the order via the corresponding button, the buyer submits a binding offer to STAINER. The buyer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract. The purchase contract is only concluded when a delivery confirmation is sent or when the goods are delivered.

(3) Our information on goods and prices within each order process is subject to change and non-binding. Rather, the buyer first submits a binding purchase offer by placing the order via the “Checkout” button, which still requires acceptance by STAINER. By submitting the purchase offer, the buyer confirms that he has reached the age of 16. A purchase contract and a claim to delivery and payment of the goods shall only arise upon acceptance of the buyer’s order. STAINER is not obliged to accept the purchase offer.

(4) The buyer may not pass on a password required for ordering to third parties. In the event of disclosure, the Buyer shall also be liable for orders placed by the third party. The buyer is responsible for any orders with the buyer’s password and any resulting claims.

3 Prices and shipping costs

(1) The prices quoted are final prices including statutory VAT.

(2) The shipping costs incurred are not included in the purchase price. They are shown separately in the course of the ordering process and are to be borne additionally by the buyer, unless delivery free of shipping costs has been promised. The shipping costs are exclusive of any customs, import, insurance and ancillary charges.

4 Corrections before the declaration of readiness for printing (“good for printing”) / changes

(1) Before printing begins, the print result shall be simulated free of charge using suitable methods (e.g. correction PDF, test print). At the express request of the buyer, a proof print or press proof shall be produced for a fee. STAINER shall, however, be entitled to produce a proof print or press proof at the Buyer’s expense even without the Buyer’s request.

(2) The Buyer shall be obliged to approve the simulated print result before the start of production (declaration of readiness for printing or “good for printing”). STAINER may set a reasonable deadline for the Buyer to check the simulated print results, after the expiry of which the declaration of readiness for printing shall be deemed to have been issued. After the declaration of readiness for printing, STAINER shall only be liable for defects resulting from production steps after the declaration of readiness for printing. The same shall apply if comparable release declarations are issued in the production process. STAINER shall not be liable for damages resulting from a delayed declaration of readiness for printing by the purchaser.

(3) STAINER shall correct typesetting, printing or other errors free of charge until the declaration of readiness for printing (“ready for printing”) if STAINER is responsible for them. Other corrections shall be charged to the customer according to the time spent.

(4) STAINER shall be under no obligation to check the order data or the simulated print result. The only exceptions to this are obvious errors that are immediately recognizable without closer inspection (e.g. if the customer supplies a file with a different number of pages or a different final format than agreed in the order). If one party discovers an error, it must inform the other party immediately.

5 Delivery times and partial delivery

(1) Delivery normally takes place within approx. 12-15 working days from the order. In the case of the payment option “advance payment”, the goods will only be sent to the desired delivery address after receipt of the invoice amount. STAINER is only obliged to perform the service when the buyer has fulfilled all his obligations required for performance. A delivery time of two weeks before or after the stated delivery time is permissible or shall still be deemed to be on time.

(2) In the event of a delay in delivery or non-delivery for which STAINER is responsible, the purchaser shall only have the right to withdraw from the contract, to the exclusion of further claims, after he has previously set STAINER a reasonable grace period in writing with the declaration that he will refuse acceptance after expiry of this period as well. Claims for damages arising from exceeding the delivery period or in the event of a delay in delivery shall be excluded in any case.

(3) STAINER shall be entitled to make partial deliveries. Excess or short deliveries for technical reasons shall be permitted up to 10% and shall be invoiced pro rata at the agreed price.

(4) All delivered packaging of all tariff categories shall be fully discharged via the ARA license number 9553 until further notice and shall not be taken back.

(5) If the Buyer requests a later delivery than originally agreed, STAINER shall no longer be liable for accidental loss and damage to the goods caused by negligence from the original delivery date.

(6) In the event of force majeure or other unforeseeable and extraordinary circumstances (e.g. operational disruption, strike, official intervention, environmental disaster, etc.), STAINER shall be released from its obligation to perform until the resumption of normal business operations and delivery periods and deadlines shall be extended accordingly. Furthermore, STAINER reserves the right to cancel any outstanding delivery commitments.

The same shall apply as long as STAINER’s subcontractors and suppliers are prevented from rendering performance due to the above-mentioned circumstances, in which case the resumption of their business operations shall be decisive.

6 Transfer of risk

The risk of accidental loss and accidental deterioration shall pass to the buyer when the goods are handed over to the buyer by the commissioned transport company.

7 Default of acceptance

(1) If the Buyer does not accept the goods upon delivery or if the goods cannot be delivered to the Buyer in case of dispatch by post, STAINER shall be entitled to store the goods at the Buyer’s expense and to withdraw from the contract after setting a reasonable grace period and to claim damages instead of performance in the amount of 20% of the gross order price at its own discretion.

(2) We reserve the right to claim further damages, in particular for storage costs incurred as well as reduced proceeds in the event of resale.

(3) The buyer is obliged to accept the goods sent or made available for collection without delay. In the event of default of acceptance, the Buyer shall bear the risk of accidental loss and for negligent damage to the goods by STAINER or third parties. STAINER shall be entitled to store the goods itself or with a forwarding agent at the Buyer’s expense in the event of default of acceptance.

8 Terms of payment and prohibition of set-off

(1) The terms of payment can be found on the website under “Payment”. STAINER reserves the right to exclude individual payment methods. If the payment method “prepayment” is selected, the Buyer shall be informed of the bank details and the invoice amount shall be transferred within 14 days of notification of the account.

(2) The date of payment shall be the date of receipt of payment by STAINER or the date on which the amount is credited to STAINER’s account. If STAINER does not receive payment on time, STAINER reserves the right not to execute the order.

(3) Incoming payments may be credited by STAINER to the oldest debt plus interest and costs, unless otherwise specified by the Buyer.

(4) If the Buyer is in default of payment, even if not at fault, STAINER shall be entitled to charge interest on arrears in the amount of the usual bank interest. Furthermore, STAINER shall be entitled to withhold outstanding deliveries or services or to demand advance payments or securities.

(5) If the aforementioned terms of payment are not complied with or circumstances become known which, according to dutiful commercial judgment, are suitable to reduce the creditworthiness of the Buyer, all outstanding claims against the Buyer shall become due for payment immediately.

(6) The Buyer may only set off its own claims if its counterclaim is legally related to its liability and has been recognized by STAINER or established by a court.

9 Warranty and liability

(1) The statutory warranty provisions shall apply.

(2) Special provisions for the delivery of foils or plates that are intended for further processing or are produced using data provided by the customer:

(a) The print motifs shall be checked in advance by the Buyer for correctness, size and status and approved in writing. The buyer must also check that the preliminary and intermediate products sent are in accordance with the contract and approve them in writing. The risk of any errors shall pass to the Buyer with the issuance of the written release, unless they are errors which only occurred or could only be recognized in the production process following the declaration of readiness for printing/declaration of readiness for production.

(b) STAINER shall not assume any liability for the suitability of materials provided by the Buyer. STAINER shall only have to warn the Buyer in the event of an obvious unsuitability of the materials provided; in all other cases any obligation to provide compensation shall be excluded.

(c) It is expressly pointed out that the end product – due to the different manufacturing process and the material used (provided) – may have color deviations compared to preliminary and intermediate products. Color deviations therefore do not constitute a defect.

(d) STAINER shall not be liable for impairments of the product or material to be finished or further processed in the case of the delivery of films and sheets or related contract finishing work or further processing, unless the damage was caused intentionally or by gross negligence. Liability for consequential damages (such as impairment of the material provided, downtimes, etc.) or any penalties shall also be excluded, unless the damage was caused intentionally or by gross negligence.

(e) Liability for defective storage of the products is excluded in any case.

(f) Printing errors which are perceived as disturbing at a viewing distance of approx. less than one meter shall not be grounds for complaint.

(3) STAINER shall only be liable for damages insofar as intentional or grossly negligent causation can be proven within the scope of the statutory provisions; this shall not apply to damages resulting from injury to life, body or health.

Liability for indirect damages, loss of profit or positive breach of contract is excluded.

10 Retention of title

(1) All delivered and installed goods shall remain the property of STAINER until full payment of the purchase price including interest and ancillary charges.

(2) The retention of title shall also extend to the products resulting from the processing. In the event of processing, combining or mixing with other materials, STAINER shall acquire co-ownership of the resulting products in accordance with the proportion of value added. Insofar as this share cannot be determined, in accordance with the gross order value, but in any case in the amount of 30% of the value of the resulting product.

11 Revocation instruction

Right of withdrawal

The buyer has the right to cancel this contract within fourteen days without giving any reason. It should be noted that STAINER products are usually custom-made. These are only produced for the buyer after the order has been placed and are therefore excluded from revocation.

The withdrawal period is fourteen days from the day on which the Buyer or a third party named by the Buyer, who is not the carrier, has taken possession of the last goods.

To exercise the right of withdrawal, the buyer must inform us (Stainer Schriften & Siebdruck GmbH & Co. KG, Gewerbegebiet 205, 5092 St. Martin bei Lofer, Austria, office@stainer.co.at, Phone: +43 (0) 6588 84 40, Fax: +43 (0) 6588 80 40) of the decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The buyer may use the attached sample withdrawal form, but this is not mandatory.

In order to comply with the withdrawal period, it is sufficient for the buyer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If the Buyer withdraws from this contract, STAINER shall reimburse all payments we have received from the Buyer, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which STAINER receives notification of the withdrawal from this contract. For this repayment, STAINER shall use the same means of payment that the buyer used for the original transaction, unless expressly agreed otherwise with the buyer; in no case shall the buyer be charged any fees for this repayment. STAINER may refuse repayment until STAINER has received the goods back or until the Buyer has provided proof that the Buyer has returned the goods, whichever is earlier.

The Buyer shall return or hand over the goods to STAINER immediately and in any case within fourteen days at the latest from the day on which the Buyer notifies STAINER of the revocation of this contract. The deadline shall be deemed to have been met if the Buyer sends the goods before the expiry of the period of fourteen days. The Buyer shall bear the direct costs of returning the goods. The buyer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the buyer that is not necessary for checking the quality, properties and functionality of the goods. If the buyer has expressly opted for a type of delivery other than the inexpensive standard delivery offered by us, the buyer shall not be entitled to reimbursement of the additional costs incurred as a result.

The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

– To Stainer Schriften & Siebdruck GmbH & Co. KG, industrial estate 205, 5092 St.

Martin bei Lofer, office@stainer.co.at, Austria, Fax: +43 (0) 6588 80 40

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the buyer(s)

– Address of the buyer(s)

– Signature of the buyer(s) (only for paper notification)

– Date(s)

(*) Delete as applicable.

12 Reproduction rights, drawings, print data, samples, pictures, photos and third party property rights

(1) Plans, sketches, samples, other technical documents, etc. shall remain the exclusive intellectual property of STAINER.

The reproduction or duplication of delivered goods or the transfer for this purpose to third parties is not permitted without the written consent of STAINER.

(2) The purchaser shall also be liable to STAINER for ensuring that the execution of the services ordered and the use of the drawings, print data, samples, images, photos, etc. provided by the purchaser do not infringe the intellectual property rights of third parties. With the transmission of these drawings, print data, samples, images, photos, etc., the buyer irrevocably declares that he is entitled to all intellectual property rights, in particular copyright and other exploitation rights, and he shall indemnify and hold STAINER harmless in full in the event of claims arising from such infringements of rights by third parties.

13 Place of jurisdiction, applicable law, severability clause

(1) The contract language is German. The text of the contract shall be stored by STAINER. However, the storage is only for a limited period of time; the Buyer shall therefore be responsible for a printout or separate storage.

(2) This contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

In the case of consumers, this choice of law shall only apply insofar as no mandatory provisions of the law of the state of the consumer’s habitual residence take precedence over the choice of law.

(3) The exclusive place of jurisdiction for all disputes in connection with and arising from the contract shall be the competent court for the registered office of STAINER, i.e. currently the District Court of Zell am See or the Regional Court of Salzburg. If the Buyer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has his domicile or habitual residence in Austria or is employed in Austria, the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the Buyer is located shall be deemed established.

(4) If individual provisions are invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the invalid provision.

14 Alternative dispute resolution

The EU Commission has provided a platform for alternative dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

In Austria, there is also the option of participating in the dispute resolution procedure of the Internet Ombudsman: https://www.ombudstelle.at/. Further information on the types of procedure can be found at https://www.ombudsstelle.at.

STAINER endeavors to settle any differences of opinion arising from its contract by mutual agreement. STAINER is not obliged to participate in arbitration proceedings and is unfortunately unable to offer participation in such proceedings.

You can also contact STAINER by email at office@stainer.co.at

In the event of deviations of English and German version, the German version of the GTCs shall apply.

Status: 01.10.2024