General Terms and Conditions (GTC)

1. General

1.1. Stainer Schriften und Siebdruck GmbH & Co KG (hereinafter “Stainer”) provides its services exclusively on the basis of the following General Terms and Conditions to its customers. These GTC apply regardless of whether the customer is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) or an entrepreneur. Where necessary, specific provisions for customers who are entrepreneurs are set out below.

1.2. Deviating agreements or amendments, as well as verbal, telephone or oral arrangements or assurances, shall only be binding if confirmed by Stainer in writing. General terms and conditions of the customer are not recognized by Stainer and shall therefore not form part of the contract unless their inclusion has been expressly confirmed in writing by Stainer.

1.3. The invalidity or nullity of individual provisions of these GTC shall not affect the validity of the remaining provisions. With regard to customers who are entrepreneurs, the invalid or void contractual provision shall be interpreted within the context of the contractual basis in such a way that it comes as close as possible to the intended economic purpose.

2. Offers and order confirmation

2.1. All offers, including price lists and quotations, are non-binding. This also applies to goods and product descriptions contained in the webshop. They merely serve as an invitation for the customer to submit a binding offer. The customer may submit a purchase offer via the online ordering system (webshop). By submitting the purchase offer, the customer confirms that they have reached the age of 16. The offer shall only be deemed accepted upon acceptance of the order by Stainer by sending an order confirmation. Stainer is not obliged to accept the purchase offer.

2.2. For customers who are entrepreneurs, the order confirmation shall be deemed accepted if the customer does not notify any changes in writing within the period stated in the order confirmation. Requests for changes must be received by Stainer without delay, at the latest within the specified period. The decisive factor is when the change requests are received by Stainer.

2.3. Customers who are entrepreneurs may only grant order authorization in the webshop operated by Stainer to persons who are legally and factually authorized to conclude such transactions. The customer undertakes to take appropriate internal company measures to prevent orders by unauthorized persons.

2.4. Images, brochures, drawings, dimensions, weights and performance data are always non-binding and must be confirmed by Stainer if the buyer wishes them to be binding.

3. Prices

The stated prices are net prices plus the taxes and duties applicable at the time of invoicing, in particular VAT. Shipping costs are not included in the purchase price and are shown separately during the ordering process and must be borne by the customer unless free shipping has been expressly agreed. Shipping costs do not include any customs duties, freight charges, import duties, ancillary charges or insurance that may be incurred. In the event of price changes by upstream suppliers, Stainer is entitled to adjust the agreed prices vis-à-vis entrepreneurs after prior notification.

4. Corrections prior to print approval (“approval for print”) / amendments

4.1. Prior to the start of printing, the print result shall be simulated free of charge using appropriate methods (e.g. correction PDF, test print). Upon express request of the customer, a chargeable proof print or press proof shall be produced. Stainer is, however, entitled to produce a proof print or press proof even without the customer’s request.

4.2. Before production begins, the customer is obliged to approve the simulated print result (print approval or “approval for print”). Stainer may set the customer a reasonable deadline for reviewing the simulated print result. If the customer does not respond within this deadline, the print approval shall be deemed granted. Until print approval is granted, typesetting, printing or other errors attributable to Stainer shall be corrected free of charge. Other corrections outside Stainer’s sphere of responsibility shall be invoiced to the customer based on actual costs incurred.

From the moment print approval (“approval for print”) is granted, Stainer shall only be responsible for defects resulting from faulty production of the approved simulated print result. The same shall apply if comparable approvals are granted during the production process. Subsequent complaints regarding the approved simulated print result shall not constitute a defect.

Prior to print approval, Stainer remains responsible for its own errors. Damage caused by delayed print approval by the customer shall only be excluded insofar as Stainer has properly prepared and provided the print approval. Stainer is not obliged to check the order data provided by the customer or the simulated print result for content, unless this is necessary for the provision of Stainer’s services. However, Stainer shall check for obvious, easily recognizable errors, such as deviating page numbers or incorrect final formats compared to the agreed order. The customer alone is responsible for the content accuracy, completeness and correctness of the delivered data. Any errors discovered by Stainer will be communicated to the customer without delay to allow correction prior to production; however, there is no obligation to do so.

5. Delivery times, partial deliveries and packaging

5.1. Delivery is generally made within approximately 12–15 working days from the date of order. The specific delivery time shall be communicated to the customer in the order confirmation. If the payment option “advance payment” is selected, the goods shall only be dispatched after receipt of the invoice amount. Stainer shall only be obliged to perform once the customer has fulfilled all contractual obligations in full and on time. A delivery period of two weeks before or after the stated delivery date shall still be deemed timely.

5.2. If the customer is an entrepreneur, the risk and danger of transport or delivery shall pass to the customer upon handover of the product to the carrier or supplier. If collection is delayed due to circumstances not attributable to Stainer, the risk and danger shall pass to the customer at the latest on the day notification of readiness for dispatch is given. Delivery shall in any case be at the customer’s expense. The choice of shipping method and transport means shall be at Stainer’s discretion. Stainer ships goods in accordance with Incoterms® 2020. The customer agrees to the applicable delivery clause. Any special packaging, shipping method, transport means or insurance requested by the customer must be notified separately in writing at the time of ordering, and any resulting additional costs shall be borne by the customer.

5.3. Delivery times are subject to correct and timely delivery by Stainer’s upstream suppliers. If Stainer is prevented from fulfilling its obligations due to unforeseeable circumstances beyond its control (e.g. operational disruptions, governmental measures, energy supply difficulties, failure of a key supplier, strikes, transport disruptions, customs delays, outbreaks of epidemics, staff shortages at suppliers or force majeure), delivery and performance periods shall be extended by an appropriate period. It is irrelevant whether such circumstances occur at Stainer or at one of its suppliers or subcontractors.

5.4. Stainer is entitled to make partial deliveries. Over- or under-deliveries of up to 10% for technical reasons are permissible vis-à-vis entrepreneurs and shall be invoiced proportionally at the agreed price. Stainer shall not be liable for timely or proper delivery by the freight forwarder, including cases of force majeure.

5.5. All delivered packaging of all tariff categories is fully licensed via ARA license number 9553 until further notice and shall not be taken back. Disposal of packaging material is the responsibility of the customer.

5.6. Delivery shall be made to the shipping address specified by the customer. Unless otherwise agreed, the customer’s address shall be deemed the delivery address. Upon receipt of the goods or services, the customer must ensure that acceptance takes place promptly and without foreseeable complications. In particular, for heavy or bulky goods, the customer must provide unloading personnel. If these requirements are not met, Stainer is entitled to place the delivered goods at the specified address at the customer’s risk. Stainer may make acceptance of the customer’s offer conditional upon delivery or supervision of the goods being carried out by the customer or persons/companies provided by the customer. Stainer shall inform the customer of this prior to conclusion of the contract.

6. Installation

All deliveries of goods are deemed to be ordered without installation. If installation, assembly or precise adjustment is requested by the customer, this must be stated separately in writing at the time of ordering, and any resulting additional costs shall be borne by the buyer. Electrical connections, structural alterations and other measures related to installation must be carried out by the customer at their own expense. Installation costs shall be invoiced on a time-and-material basis unless otherwise agreed in writing. The installation site must be freely accessible.

7. Acceptance of goods and default of acceptance

7.1. The customer is obliged to accept delivered or collected goods without delay and to inspect them for defects. If the customer fails to accept the goods upon delivery or if delivery by post is unsuccessful, Stainer is entitled to store the goods at the customer’s expense and, after setting a reasonable grace period, withdraw from the contract and claim liquidated damages of 20% of the gross order value at its discretion.

7.2. In the event of default of acceptance, the customer shall bear the risk of accidental loss and negligent damage caused by Stainer or third parties. Stainer is entitled to store the goods itself or with a freight forwarder at the customer’s expense. The assertion of further claims for damages, in particular storage costs and reduced proceeds from resale, remains reserved.

8. Payment terms and set-off prohibition

8.1. The total remuneration is due for payment immediately upon receipt of the invoice unless a separate payment term has been agreed. Stainer grants cash discounts only if all previous invoices have been paid in full. If payment in advance is selected, the bank details shall be communicated and the invoice amount must be transferred within 14 days. Payments must be made directly to Stainer or to persons authorized in writing to collect payments on behalf of Stainer.

8.2. The date of payment shall be the date of receipt of payment by Stainer or the crediting of Stainer’s bank account. Bills of exchange or checks shall only be accepted upon prior written agreement and shall be deemed payment only after redemption. Any discount charges and all other costs arising from redemption shall be borne by the customer.

8.3. In the event of default in payment, Stainer shall charge default interest at a rate of 5% p.a. For customers who are entrepreneurs, default interest shall amount to 9.2% p.a. above the base interest rate. In addition, the customer undertakes to pay reasonable reminder fees, at least a lump sum of EUR 50.00, as well as the necessary costs of appropriate collection and enforcement measures, provided these are proportionate to the claim pursued.

8.4. Stainer is entitled to offset payments made by the customer against other outstanding claims if the customer is in default. The customer may only offset claims against Stainer if the counterclaim has been legally established or expressly acknowledged in writing by Stainer.

8.5. If the above payment terms are not complied with or circumstances become known that are likely to impair the customer’s creditworthiness, all outstanding claims shall become immediately due. For entrepreneurs, Stainer is entitled to a right of retention in accordance with Sections 369 et seq. of the Austrian Commercial Code (UGB).

9. Retention of title

9.1. All goods remain the property of Stainer until full payment of all amounts due, including ancillary claims, regardless of allocation of payments. In the case of running accounts, retention of title serves as security for the balance. Stainer is entitled to retain delivered products as security for outstanding claims. If the customer resells goods subject to retention of title, the customer hereby assigns in advance all future claims arising from such resale, including all ancillary rights, to Stainer as security. Pledging or encumbering goods subject to retention of title without Stainer’s written consent is prohibited.

9.2. Retention of title shall also extend to products resulting from processing. In the event of processing, combination or mixing, Stainer shall acquire co-ownership in proportion to the value added, or—if not determinable—based on the gross order value, but in any case at least 30% of the value of the resulting product.

10. Right of withdrawal for consumers

10.1. Consumers have a statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). This right is excluded pursuant to Section 18 (1) (3) FAGG for custom-made products manufactured according to customer specifications.

10.2. For other goods, the customer may withdraw from the contract within 14 days without stating reasons. The withdrawal period begins on the day the goods are received. The period is met if the withdrawal notice is sent within the deadline.

10.3. The withdrawal declaration is not subject to any particular form; however, use of the model withdrawal form provided under clause 10.4 is recommended.

10.4. Model withdrawal form
To:
Stainer Schriften & Siebdruck GmbH & Co KG
Gewerbegebiet 205
5092 St. Martin bei Lofer
Austria
office@stainer.co.at | Fax: +43 (0) 6588 80 40

I hereby withdraw from the contract concluded by me for the provision of the following services:

(Name and address)
Ordered on: ______________________
Started on: ______________________

11. Warranty and liability

11.1. For consumer transactions within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG), the statutory warranty provisions shall apply. With regard to customers who are entrepreneurs, the following provisions shall apply:

11.2. The goods must be inspected by the customer immediately upon delivery or handover. Any defects detected must be notified to Stainer in writing without delay, but no later than within 10 working days after delivery, stating the type and extent of the defect. Hidden defects must be notified in writing without delay, but no later than within 3 working days after their discovery, stating the type and extent of the defect. If a defect notice is not made, not made in time or not made in the proper form, the goods or the work shall be deemed approved. In such cases, the assertion of warranty and/or damage claims as well as the right to contest the contract due to error or laesio enormis shall be excluded. Defects in part of a delivery shall not entitle the customer to object to the entire delivery. Hidden defects must be reported in writing immediately after discovery, but at the latest within 10 working days after receipt of the goods, failing which any claim shall be forfeited.

11.3. It is at Stainer’s discretion to fulfill warranty claims by replacement, repair, price reduction or rescission. Assignment of warranty and/or damage claims is not permitted.

11.4. The warranty period shall be six months. The presumption period pursuant to Section 924 of the Austrian Civil Code (ABGB) is excluded. The customer bears the burden of proof that a defect existed at the time of transfer. The right of recourse pursuant to Section 933b ABGB shall expire two years after performance by Stainer.

11.5. Furthermore, Stainer shall not be liable towards customers who are entrepreneurs for damages caused by slight or gross negligence, for consequential damages, pure financial losses or loss of profit. Any claims for damages by such customers shall also be limited in amount—excluding personal injury and product liability claims—to the amount of the agreed remuneration. Claims for damages by customers who are entrepreneurs shall lapse one year after knowledge of the damage and the damaging party.

11.6. Minor printing deviations that occur at a viewing distance of less than approximately three meters (for façades and outdoor applications less than approximately ten meters) shall not constitute a defect within the meaning of warranty law and shall therefore not give rise to warranty claims.

11.7. Special provisions for the delivery of screen-printing frames, ski and snowboard films, other films, wood, paper or panels intended for further processing:

11.7.1. The print motifs shall be checked by the buyer in advance for correctness, size and positioning and released in writing. The buyer shall also inspect and release the conformity of the transmitted preliminary and intermediate products in writing. The risk of any errors shall pass to the buyer upon granting written approval, insofar as such errors did not arise or could not be detected during the production process following the print approval / production approval.

11.7.2. Stainer assumes no liability for the suitability of materials provided by the buyer. Stainer is only obliged to warn the customer in the event of obvious unsuitability of the provided materials; in all other cases, any liability is excluded.

11.7.3. It is expressly pointed out that the final product may exhibit color deviations compared to preliminary and intermediate products due to different manufacturing processes and the materials used or provided. Color deviations therefore do not constitute a defect.

11.7.4. In the delivery of screen printing frames, films for glass processing, ski and snowboard films or other films, wood, paper and panels, as well as related finishing or further processing services, Stainer shall only be liable in cases of intent or grossly negligent conduct for impairments of the product or material to be refined or processed further. Liability for consequential defects (such as damage to provided materials, downtime, etc.) or contractual penalties is excluded unless the damage was caused intentionally or by gross negligence.

12. Newsletter, data protection and references

12.1. If the customer has consented to receiving advertising emails, in particular newsletters, by ticking the corresponding box during the ordering process or elsewhere, the customer will receive messages from our company regarding products, offers and other company-related information. This consent may be revoked at any time, including via any newsletter.

12.2. The customer further agrees to the use of images of produced works as references in brochures, project descriptions or on the website of Stainer or affiliated companies.

13. Reproduction rights, drawings, print data, samples, images, photographs and third-party rights

13.1. Plans, sketches, samples and other technical documents shall remain the exclusive intellectual property of Stainer. Reproduction or duplication of delivered goods or their transfer to third parties for such purposes is not permitted without Stainer’s written consent.

13.2. The customer shall indemnify and hold Stainer harmless against any claims arising from infringements of third-party rights resulting from the execution of the commissioned services or the use of drawings, print data, samples, images or photographs provided by the customer. By transmitting such materials, the buyer irrevocably declares that they hold all intellectual property rights, in particular copyrights and exploitation rights, and shall fully indemnify Stainer against all claims asserted by third parties due to such infringements.

13.3. Data provided by the customer shall not be automatically archived by Stainer unless expressly requested by the customer. In such case, Stainer reserves the right to charge an archiving fee.

14. Final provisions

14.1. The place of performance for all obligations arising from the contractual relationship between Stainer and the customer shall be the registered office of Stainer in 5092 St. Martin bei Lofer, Austria.

14.2. The exclusive place of jurisdiction for all disputes arising out of or in connection with contractual relationships between Stainer and the customer shall be the court having local and subject-matter jurisdiction at the registered office of Stainer.

14.3. All legal relationships shall be governed exclusively by Austrian substantive law, excluding its conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer within the meaning of the KSchG, the mandatory consumer protection provisions of the country of the customer’s habitual residence shall also apply.

15. Alternative dispute resolution

The European Commission provides a platform for out-of-court dispute resolution. Consumers may use this platform to resolve disputes related to online orders without involving a court. The dispute resolution platform is available at: http://ec.europa.eu/consumers/odr/

In Austria, consumers may additionally participate in dispute resolution proceedings of the Internet Ombudsman: https://www.ombudstelle.at/ Further information on procedures is available at https://www.ombudstelle.at/

Status: 23 February 2026