General terms and conditions

I. Validity

1. These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded via the online shop https://www.ideeundwerk.at/shop or in any other way between the Idee & Werk R. Tauder GmbH and a commercial customer become (B2B). Commercial customers are customers who have a valid trade license or other legitimation for the independent exercise of their professional activity. A sale of the products offered by us is only permitted in the branch or type of trade that you have proven and accepted by us. We reserve the right to decide which evidence we accept or which industries we supply. Our offer in the course of these terms and conditions is aimed exclusively at commercial customers, whose offer or service is subsequently aimed directly at the end user / consumer. In connection with these terms and conditions, there is NO agreement or authorization for a wholesale trade on your part (B2B = delivery to other commercial customers or dealers). A separate agreement with us is necessary for this, but there is no legal entitlement to this! Every purchase and every transaction is processed as an individual contract in the course of these terms and conditions. There is no permanent business relationship or permanent obligation for any of the contractual partners, so no subsequent rights can be derived. The company Idee und Werk R. Tauder GmbH only delivers to fully legally competent or legal persons.
2. The deliveries, services and offers of our company are based exclusively on these terms and conditions; we do not recognize any terms and conditions of the buyer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our conditions.

3. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.

II. Offers and contract conclusion

1. Unless expressly agreed otherwise, all offers on our part are non-binding.
2. Should circumstances arise on the buyer's side that endanger the acceptance or payment of the ordered goods without complaint or should at least such an appearance exist, the seller is free to cancel orders that have already been confirmed or to postpone their fulfillment until proper acceptance and payment are ensured. In such cases, the seller will not be in default of delivery.
3. Fixed-forward transactions must be identified as such on our order confirmation and must be confirmed in writing in order to be valid as such.
4. Contracts made by our representatives as well as agreements made by telephone require our written confirmation in order to be legally effective, as do subsequent changes or cancellations of orders. Some products in our range are limited, we reserve the right to sell them out.

III. Data protection and change of address

1. The buyer gives his consent that the personal data contained in the purchase contract will also be saved and processed by us with automated support in fulfillment of this contract.
2. The buyer is obliged to notify us of any changes to his residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last known address.

IV. Prices and delivery conditions

1. Prices are only binding if they have either been expressly offered as binding by the seller or have been confirmed in a written order confirmation from the seller.
2. Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax.
3. Regardless of this, in the absence of an express agreement to the contrary, the seller reserves the right, in the event of any changes to the general economic conditions, in particular in cases of wage increases, price increases for raw materials and auxiliary materials, taxes, transport costs, disposal or Exploitation costs as well as changes in the exchange rate, the agreed prices to increase the proportionate additional expenditure of the production costs.
4. The shipping costs are divided into zones and are as follows:
   Zone 0 (domestic) under € 150 to € 7,50, between € 151 to € 250 to € 10,30, between € 251 to € 350 to € 13,50.
   Zone 1 (DE) under € 150 to € 14,50, between € 151 to € 250 to € 16,00, between € 251 to € 500 to € 18,50.
   Zone 2 (IT) under € 150 to € 19,00, between € 151 to € 250 to € 21,50, between € 251 to € 500 to € 24,50.
   Zone 3 (SL / HU / BE / NL / LU / DK / PL / SK / CZ) under € 150 to € 20,30, between € 151 to € 250 to € 22,60, between € 251 to € 500 to € 25,30.
   Zone 4 (BR / GB / HR / RS / AL / GR / BH / MK / TR) under € 150 to € 23,00 between € 151 to € 250 to € 25,00, between € 251 to € 500 to € 28,00.
   Zone 5 (FI / SE) under € 150 to € 27,00, between € 151 to € 250 to € 29,50, between € 251 to € 500 to € 32,00.
   Zone 6 (IE / NO / PT / EE / LT / LV / CY / MT / MC) under € 150 to € 29,50, between € 151 to € 250 to € 33,50 between € 251 to € 500 to € 36,50.
   Zone 7 (CH / LI) under € 150 to € 18,00, between € 151 to € 250 to € 20,50, between € 251 to € 1.250.- to € 23,00.
   Free delivery in zone 0 from € 351, in zones 1 to 6 from € 501 and in zone 7 from € 1.251.-
   Pallet shipping costs are charged separately except for zones 0 and 1.
   All values ​​are exclusive of VAT. Deliveries outside of the member states of the European Union are offered individually.
5. For orders with a goods value below € 75, - we charge a processing fee of € 7,-.
6. All prices are exclusive of cliché and design costs. The production of films, printing clichés and typesetting costs, punching tools, drafts or the like must be commissioned separately; the costs incurred will be charged separately.
7. In the case of all custom-made products, the seller has the right to over- or under-deliver up to +/- 10% of the ordered quantity; this with full invoicing of the actual delivery quantity.
8. Drafts will be charged according to expenditure.
9. We charge € 25, - net (including shipping costs) in Austria, outside Austria € 35, - (including shipping costs) for sample shipments (max. 1 article per order item) of 6-10 different articles. From 11 different items € 50.00 net (including shipping costs) within Austria, outside Austria € 70.00 net (including shipping costs). The sample flat rate will be credited to the order in the event of an order.

V. Terms of payment

1. The payment period is 30 days net cash. For first-time customers, the ordered standard goods are delivered in advance or cash on delivery, in the case of custom-made products with 50% or 80% advance payment and 50% or 20% for dispatch of goods, depending on the order size. In the online shop we accept payments made by Visa credit card, Mastercard, PayPal, instant transfer or purchase on account, and refer to the respective contractual relationships between customers and the payment provider and their terms of use. In the case of a remittance due to order cancellations requested by the customer, any payment commissions or processing fees of the payment provider will be deducted.
2. Payments are deemed to have been made when the credit note from the financial institution or credit card company has been received by the seller.
3. In the event of default in payment, the customer has to reimburse us for the reminder fees of up to € 11 per reminder and to keep records of the debtor relationship in the dunning process an amount of € 10 per half-year. Subject to other rights, the seller may charge default interest of 8% above the applicable discount rate of the Austrian National Bank, up to a maximum of 12% p. a. invoice. In the event of default in payment, the buyer undertakes to reimburse all costs incurred by the seller, such as interest and cash outlays, from whatever title, in particular the tariff costs of engaging the credit protection association.
4. Bills of exchange and checks are only accepted on account of performance. Payment by bill of exchange requires a special agreement. Interest and costs for discounting or the collection of bills of exchange and checks are to be borne and paid by the buyer.
5. Interest is not charged on advance payments or payments on account.
6. Failure to comply with the terms of payment due to circumstances which indicate a reduced creditworthiness of the buyer and which the seller only becomes aware of after the conclusion of the contract results in the immediate maturity of all claims. If, in this case, bills of exchange have not yet been redeemed, the seller still has an immediate right to cash payment.
7. Changes in the assessment of the buyer's creditworthiness after the conclusion of the contract, e.g. exceeding a certain payment term, slow payment method, receipt of unfavorable information, etc. entitle the seller to demand security or advance payment before the provision of the service, even if this was not initially agreed.

VI. Delivery

1. Unless otherwise agreed in writing, the type of delivery is to be left to the seller. The dispatch takes place at the risk of the buyer.
2. An agreed delivery period begins on the day on which the final printing and production approval issued by the buyer is received by the seller.
3. The seller is liable for proper packaging that is customary in the industry. If the contractual partner wishes to have transport insurance, this must be communicated to us in writing at least one week before the agreed date. The customer bears the costs of any insurance requested by the customer.
4. If the buyer has not accepted the goods as agreed (default of acceptance), after an unsuccessful grace period we are entitled to either store the goods with us, for which we charge a storage fee of € 25 per pallet space per month, or at costs and Store at the buyer's risk with an authorized tradesman. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and sell the goods elsewhere. If this is not possible, the buyer has to pay the outstanding amount in full with an additional interest rate of 3%.
5. If temporary storage (call order) has been expressly agreed with us, we are not liable for any damage that has occurred to the goods despite the care of a prudent businessman. We are not obliged to take out insurance to cover stored goods. In addition to the last agreed call-off date, we charge the customer € 25 per pallet space per month for the storage of finished and semi-finished products, as well as 2% for interest on the value of the respective invoice value.
6. Cases of force majeure, strikes and all events with us or our suppliers, which inhibit or prevent production and delivery through no fault of ours, release us from our delivery obligation. Claims for damages due to non-fulfillment are excluded in any case.
7. The buyer has to accept minor overruns of delivery times of up to one week without being entitled to a claim for damages or a right of withdrawal.
8. In the event of complaints, goods in their original packaging can be returned within 8 working days. If, after consultation, a return takes place in an accommodating manner in individual cases, a handling fee of 25% and the return freight costs will be charged to the customer in any case. Customized products or productions cannot be taken back. In the case of returns of seasonal creative articles, only 50% of the sales value will be credited, as these are order-related productions for this one season only.

VII. Utilization contribution - ARA

1. We exempt all goods that have been specified as packaging by the Federal Ministry via the ARA system by means of our service contract No. S 80130 or another collecting society recognized by the Federal Ministry.
2. If the buyer has the product or the packaging himself exempt from obligations using a system of his choice, he must send us a written confirmation of this without being requested to do so.
3. We are to be held harmless and harmless if the buyer does not send us this confirmation unsolicited, or the ARA or the Federal Ministry makes demands on us because the buyer does not meet the obligation to pay a fee for the recovery.
4. We do not automatically license export products.

VIII. Claims for defects - complaints

1. The buyer is obliged to check the products delivered by us for defects immediately upon receipt. As part of this review, appropriate spot checks must also be carried out.
2. Deviations in weight per unit area of ​​+/- 5% for cardboard are not grounds for complaint. In the case of special colours in the print, the same colour shade cannot be guaranteed for follow-up orders.
3. Quantity tolerance of +/- 10% for small quantities are specified in the production process. Should the buyer require lower tolerances, this must be noted in writing in the order confirmation. Any resulting additional costs must be borne by the buyer.
4. We use commercially available printing inks for printing, which correspond to the usual commercial conditions and the current state of the art in terms of colour fidelity, abrasion resistance, lightfastness, water resistance. If the buyer makes special demands on the colour, such as residual solvent content <20 g / m², rub resistance, special gloss, sealability of the colour, light resistance, alkali fastness, etc., he must expressly point this out to us in writing when requesting an offer and placing an order. The seller never has to guarantee the high lightfastness of the printing inks.
5. If the buyer uses the materials ordered for food to be packed, he has to inform us expressly and in writing of the food safety requirements. The pressure must never come into direct contact with the food.
6. If the buyer receives proofs, he has to check them carefully and approve the printing by signing the proof. For incorrect text, sentence and motif arrangements as well as remaining errors in the text that were not objected to by the buyer in the approved proofs, warranty claims and claims for damages by the buyer against the seller are excluded, unless grossly negligent or willful behavior on the part of the seller or its members Vicarious agents and vicarious agents are present.
7. The seller is to be given the opportunity to determine the defect complained about on the spot.
8. Notices of defects must be made immediately, but no later than one week after receipt of the goods at the destination; otherwise it is no longer to be dealt with as being late.
9. In the event of a justified complaint, the seller must be given the opportunity to remedy the defect by replacing it or in another manner which it deems appropriate. A breach of this obligation on the part of the buyer releases the seller from any guarantee and liability for damages.

IX. Compensation and Product Liability

1. Improper storage by the buyer excludes any compensation.
2. The compensation can in no way exceed the value of the delivered goods. In addition, any compensation is limited to damage that can be brought under insurance cover by the seller, so that liability for loss of profit by third parties and liability for legal costs are excluded from the outset.
3. Compensation for consequential damage and indirect damage is excluded.

X. Copyrights, industrial property rights and property rights

1. The objects manufactured by us including models, drafts, drawings, films, clichés, tools and the like. remain our property. This also applies if we receive a proportion of the costs for this from the buyer.
2. Unless otherwise agreed, we are entitled to visibly affix our company logo or an identification number to the delivery items manufactured by us.
3. For product samples, sketches, drafts, films, etc., which are expressly ordered or commissioned by the buyer, the agreed fee is to be paid even if the main order for which the product samples, sketches, drafts, films etc. were made, is not granted.
4. It is the responsibility of the buyer to check whether the documents provided by the buyer do not infringe any third-party rights, in particular copyrights, industrial property rights (designs, patents, utility models, trademarks). If claims are made against us by third parties because of the use or reproduction of the documents and templates provided by the buyer because of the violation of copyrights and / or industrial property rights or because of the violation of the law against unfair competition, the buyer must defend against this violation of the law To support the seller and to reimburse us for all damage (including legal and legal costs) we incur as a result.
5. Brochures, catalogues, product samples, presentations remain our intellectual property. Any use, in particular forwarding, duplication, publication and making available, including copying even in extracts, requires our express consent.

XI. Retention of title and its enforcement

1. We deliver all goods subject to retention of title and remain our property until full payment has been made.
2. The assertion of the reservation of title only constitutes a withdrawal from the contract if this is expressly declared.
3. When taking back goods, we are entitled to charge any transport and manipulation expenses incurred.
4. If third parties access the goods subject to retention of title - in particular through seizure - the customer undertakes to point out our ownership and to notify us immediately.

XII. Right of withdrawal

1. Events which completely or partially change the business basis of the contract, whether they apply to the seller or the buyer or their suppliers, entitle the seller to adjust the contract in whole or in part to the changed circumstances or to dissolve it at all, excluding claims for compensation or to withdraw.

XIII. Fulfillment and jurisdiction

1. Place of fulfillment and jurisdiction is exclusively the seat or the location of the management of the seller. However, the seller is also entitled to take legal action at the buyer's registered office or place of residence.
2. The exclusive application of Austrian substantive law is expressly agreed for any disputes arising from this contractual relationship.