Terms and Conditions - Schirmmacher
1. SCOPE
1.1 The following Terms and Conditions (T&Cs) apply to the conclusion and execution of all contracts between us, CST GmbH (Schirmmacher) and our customers, hereinafter referred to as ‘contractual partners’.
1.2 Subject to any express agreement to the contrary, our T&Cs shall apply exclusively. General terms and conditions of business and purchase of our contractual partners shall only be accepted if they correspond to our T&Cs or deviate only slightly. We do not recognise any terms and conditions of the contractual partner that contradict or deviate more than insignificantly from our T&Cs.
1.3 All deliveries and services, in particular consulting services and information, shall be provided exclusively on the basis of our following T&Cs, unless they are amended or excluded with our express consent.
1.4 In case of orders with delivery to third parties, the customer alone shall be deemed to be the contractual partner authorised to perform, unless expressly agreed otherwise.
1.5 Declarations made by our employees verbally, by telephone or by telex as well as collateral agreements require our confirmation in writing to be effective.
2. OFFER AND CONCLUSION OF CONTRACT
2.1 The information on our website does not constitute a binding offer. Our offers made in response to your enquiry are non-binding and only become binding upon our written order confirmation (cf. point 1.5. on the written form).
2.2 If, in the opinion of the contractual partner, our order confirmation deviates from his order, he must report this in writing immediately after receipt or receipt of our order confirmation. Otherwise, the order confirmation shall be deemed correct and shall be binding on both parties.
2.3 In the case of customised printed products, the contractual partner shall receive a correction view in addition to the order confirmation. If, in the opinion of the contractual partner, our order confirmation deviates from the contractual partner's ideas or data supplied, the contractual partner must inform us of this before the release is issued. The approval of the proof is binding for both contracting parties.
If print data of low quality is provided by the contractual partner, this may reduce the print quality. We are not obliged to inform the contractual partner of the low quality.
3. SUBSEQUENT CHANGES
3.1 Changes to the order requested by the contractual partner after its approval cannot be guaranteed. We will check the possibility and inform the contractual partner.
3.2 If the changes can be implemented, this may result in additional costs. The costs already incurred up to the change request will also be charged.
3.3 Changes require our confirmation in writing.
4. RIGHT OF RETURN AND CANCELLATION FOR PERSONALISED GOODS
4.1 Consumers have no right of cancellation for contracts for the delivery of goods that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the customer.
4.2 There is generally no right of return for companies. If a return or subsequent changes are desired, the contractual partner should contact us immediately in order to ideally find a suitable solution for both parties.
4.3 In the event of defects in the delivered goods, we shall be liable in accordance with the statutory provisions. The contractual partner is entitled to rectification or replacement delivery. If the defect cannot be remedied, the contractual partner shall be entitled to a reasonable reduction in the purchase price.
5. PRICES
5.1 Our prices are quoted in EUR, CHF and GBP and are net prices unless otherwise stated. Unless otherwise agreed, the prices are ex our works/warehouse or the works/warehouse of our vicarious agents plus freight, packaging, postage, insurance and the statutory VAT applicable on the date of invoicing. Value added tax is based on the flow of goods.
5.2 The prices quoted in our offer shall apply subject to the proviso that the order data on which the offer is based remain unchanged, but no longer than three months from receipt of the offer by the contractual partner.
6. TERMS OF PAYMENT
6.1 As a rule, the invoice shall be issued on the date of dispatch of the goods or partial delivery. If ordered goods are stored by us or our supplier after completion and before delivery to the agreed recipient, the invoice shall be issued on the date of completion of the goods.
6.2 Our invoices are payable within 10 days of the invoice date, unless otherwise agreed.
6.3 For all business transactions, we reserve the right to fulfil the order only against down payment or advance payment.
6.4 We reserve the right to demand an appropriate advance payment in the event of extraordinary advance performance.
6.5 If the payment deadline is exceeded, the customer shall be in default of payment. This shall entitle us to charge interest on arrears from the following day at a rate of eight percentage points above the base rate.
6.6 If there is a significant deterioration in the financial circumstances of a contractual partner which gives rise to doubts about his solvency, all our claims against him shall become due immediately. This shall entitle us to withhold our deliveries and services until payment has been made and to set the contractual partner a reasonable deadline for making advance payments or providing securities. After expiry of this period, we shall be entitled to withdraw from the contract.
6.7 The contractual partner shall only be authorised to exercise a right of retention if its counterclaim is based on the same contractual relationship.
7. DELIVERY TIMES AND DATES
7.1 Delivery periods shall commence on the date of our order confirmation, but not before complete clarification of the details of the order and not before receipt of the documents, authorisations and approvals to be procured by the contractual partner and receipt of a down payment, if this has been agreed.
7.2 If no delivery dates have been agreed, but a delivery period calculated according to a specific period has been agreed, this shall commence on the day of approval. The delivery period shall be interrupted for the duration of the review of the proofs and artwork by the contractual partner, namely from the date of dispatch to the contractual partner until the date of receipt of the statement. If the contractual partner subsequently requests changes that affect the production time, a new delivery period shall commence upon confirmation of the change in writing.
7.3 If we are prevented from fulfilling our delivery obligations due to force majeure, industrial action or other unforeseen events that could not be avoided despite reasonable precautions, regardless of whether they occur in our sales department or at our suppliers, the delivery period shall be extended by the duration of the hindrance and a reasonable start-up time after the end of the hindrance, unless we have caused the hindrance intentionally or through gross negligence. This provision does not imply a change in the burden of proof to the detriment of the contractual partner.
7.4 If the hindrance is not expected to end within a reasonable period of time, we shall be entitled to withdraw from the contract in whole or in part. Such a cancellation shall not apply to our claims arising from partial deliveries already made, unless the contractual partner has no interest in the partial delivery. Our contractual partner is entitled to withdraw from the contract if we do not declare at his request whether we will withdraw from the contract or deliver within a reasonable period of time.
7.5 In the event of a delay in delivery for which we are responsible, the contractual partner shall only be entitled to assert further claims if a reasonable deadline to be set by him after the occurrence of the delay has elapsed without result. In this case, the contractual partner may demand compensation for any damage incurred by him as a result of the delay, provided he can provide evidence of this.
7.6 The delivery period ends when the goods leave the supplying factory or when they are stored, if the goods are stored on our premises or in the warehouse of a third-party supplier.
8. SHIPPING & DELIVERY
8.1 Unless otherwise agreed, we reserve the right to choose the type and route of dispatch.
8.2 Transport insurance shall only be taken out on special request and then at the expense of the contractual partner.
8.3 We are authorised to make partial deliveries if these are reasonable for the contractual partner. These shall be due for payment in accordance with these Terms and Conditions, if applicable.
9. OPEN / HIDDEN DAMAGE
9.1 Obvious damage and shortages must be reported by the contractual partner immediately in writing to us or to the forwarding agent. Hidden damage must be reported in writing within 5 working days of receipt of the goods. The statutory provisions apply to private individuals.
9.2 Our insurance company reserves the right to have damage assessed directly on site by an expert.
10. DEFAULT OF ACCEPTANCE
10.1 If the contractual partner is in default of acceptance, we shall be entitled, after the fruitless expiry of a reasonable grace period, to dispose of the goods elsewhere or to supply the contractual partner with a reasonably extended grace period.
10.2 Our statutory rights to withdraw from the contract and to claim damages for non-performance shall remain unaffected.
11. RETENTION OF TITLE
11.1 The delivered goods shall remain our property until the agreed purchase price has been paid in full.
11.2 The goods may neither be pledged nor assigned as security before full payment has been made.
11.3 The contractual partner is only entitled and authorised to resell the goods subject to retention of title on condition that he has our written declaration of consent and that he assigns the purchase price claim from the resale to us. In the event of resale, the contractual partner hereby assigns to us all claims arising from the resale until all our claims have been fulfilled.
11.4 The contractual partner is obliged, at our request, to immediately provide all information information and hand over all documents required to assert our rights against the customer of the contractual partner.
11.5 If execution is levied against the assets of the contractual partner and if the goods subject to retention of title are affected by this, we must be informed of this immediately, stating all necessary data (enforcement body, file number, if applicable, enclosing enforcement records).
12. WARRANTY
12.1 The warranty period is one year for entrepreneurs and two years for consumers from receipt of the goods.
12.2 The statutory liability for defects is not affected by the general limitation of liability (point 18 of these T&Cs).
12.3 Liability under the Product Liability Act remains unaffected.
13. GENERAL LIABILITY LIMITATION
13.1 We shall only be liable for damages that cause injury to life, limb or health if they were caused by an intentional or negligent breach of duty on our part or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents
13.2 We shall only be liable for other damages if they are based on an intentional or grossly negligent breach of duty on our part or on the part of one of our legal representatives or vicarious agents.
13.3 This shall not affect strict liability under the Product Liability Act.
13.4 Liability for culpable breach of material contractual obligations and duties of protection shall also remain unaffected. However, liability in this respect shall be limited to the foreseeable damage typical of the contract. Point 18.1 remains unaffected by this limitation.
13.5 A reversal of the burden of proof to the detriment of the contractual partner is not associated with this provision.
14. DATA OF THE CONTRACTING PARTY
14.1 Data carriers or transferred data supplied by the contractual partner or by a third party engaged by the contractual partner are not subject to our obligation to check. This shall not apply to data that is obviously unreadable or obviously unprocessable.
14.2 Before transmitting data, the contractual partner shall use state-of-the-art protection programmes against computer viruses.
14.3 We are entitled to make copies of the data for our business purposes as part of the fulfilment of our contractual obligations.
14.4 Data backup is the sole responsibility of the contractual partner. We are under no obligation to store data for the contractual partner.
14.5 Data and data carriers originating from the contractual partner shall only be archived by us beyond the time of handover of the end product to the client or its vicarious agents by express agreement and against special remuneration. If the data and data carriers are to be insured, this must be arranged by the contractual partner himself, unless otherwise agreed.
15. COPYRIGHT
15.1 Unless otherwise agreed, we shall retain all copyright utilisation rights to our own sketches and drafts.
15.2 The contractual partner is solely responsible for checking the utilisation rights of the texts and images sent to us for use as artwork. He confirms that the reproduction of the artwork sent to us by us on his behalf does not unlawfully infringe the copyrights, trademarks or other industrial property rights of third parties. In this respect, we shall only be liable for intent and gross negligence.
15.3 The contractual partner shall assume liability if copyrights, trademarks or other industrial property rights of third parties are infringed by the execution of the order placed with us. Subject to liability for intent and gross negligence, he shall indemnify us against all claims of third parties due to such an infringement of rights (in particular also the costs of legal action).
16. DATA PROTECTION
16.1 We collect, store, modify, transmit and use personal data to fulfil our own business purposes using data processing systems for the establishment, execution and, where applicable, termination of print orders. This is hereby expressly pointed out. Further details are regulated in our data protection declaration.
17. ADVERTISING
17.1 We also reserve the right to use the articles manufactured on behalf of the contractual partner as samples or for advertising purposes.
17.2 The contractual partner may object to the use for these purposes at any time.
18. PLACE OF PERFORMANCE, JURISDICTION AND APPLICABLE LAW
18.1 The place of fulfilment for all obligations arising from this contract is Götzis in Austria.
18.2 The exclusive place of jurisdiction for all present and future claims arising from a business relationship shall be Feldkirch.
18.3 The legal relationship between the parties shall be governed by Austrian law. This shall also apply if the contractual partner has its domicile, permanent residence or branch abroad.
19. SEVERABILITY CLAUSE
19.1 Should any provisions of the above Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall remain valid. The invalid provision shall be replaced by the statutory provision.
December 2024