General Terms and Conditions of prinux GmbH
These General Terms and Conditions shall apply to all legal transactions between prinux GmbH (hereinafter prinux) on the one hand and the users of the prinux website or the buyers of the products ordered through it on the other hand. By using the prinux Site the user expressly agrees to these General Terms and Conditions and is bound by them. Deviations from these General Terms and Conditions are only effective if they are confirmed in writing by prinux.
The prices published on the prinux website at the time of the order shall apply. The prices quoted do not include value added tax at the statutory rate. Shipping and packaging costs are charged according to the price list in addition to the product prices.
3. Terms of payment:
Payment of the invoice amount must be made within 14 days of the invoice date, without any deductions. In the event of late payment, interest on arrears at the rate of 15% p.a. will be charged. Additional charges (e.g. transfer costs) are to be borne by the purchaser (=client). In the event of default of payment the Principal shall be obliged to pay, in addition to the usual reminder fees charged by prinux, all costs, expenses and cash outlays incurred in pursuit of the claims, regardless of the title from which they result, in particular also the costs for an out-of-court legal intervention. Irrespective of any other declarations of dedication and also in the event of the existence or enforcement of an executory title, prinux is entitled to use incoming sums of money from the Principal, at its discretion, initially to cover incidental expenses (reminder charges, lawyer’s fees, insurance premiums, etc.), interest on arrears, capital claims and finally to pay the remaining outstanding invoice amount. Agreements that deviate from these terms of payment must be in writing to be valid. prinux is entitled, without giving reasons, to make delivery dependent on advance payment or payment on delivery, or to reject an order at all. The rejection of an order shall be notified by prinux to the customer within 7 working days.
4. Retention of title:
The delivered goods remain the property of prinux until the agreed price and all other outstanding claims have been paid in full.
5. Delivery time:
The delivery time starts on the day prinux receives the complete and clear order. The delivery times are based on the deadlines published on the prinux website. These deadlines are generally only approximate dates, unless they are expressly stated in writing as fixed dates. In the event of a delay in delivery the client can only assert his legal rights after setting a grace period. The grace period must be appropriate to the type and scope of the order. If a damage is not due to gross negligence on the part of prinux, it shall be limited to the amount of the invoice. Lost profit cannot be claimed. Force majeure shall release prinux from any obligation to deliver, regardless of whether this force majeure has occurred at prinux’s premises or at the premises of its suppliers and subcontractors. In such a case the client is not entitled to withdraw from the order or to hold prinux liable for any damages.
Deliveries shall be made ex works (including any sub-suppliers of prinux) at the expense and risk of the customer, unless otherwise agreed. The designs, colors, fonts and formats shown on the prinux website are basically only approximations and therefore not binding. Deviations in color nuances or format do not therefore entitle the customer to make a complaint. prinux shall not be liable for printing and execution errors that the customer has overlooked in the galley proofs released by him online or offline.
7. Default of acceptance:
The customer is obliged to immediately accept the goods sent or made available for collection according to the contract; if he does not comply with this obligation, the delivery is deemed to have been made on the day on which the acceptance should have been made according to the contract; the risk of damage, loss, etc. is thus transferred to the customer.
Complaints will only be accepted within one week of receipt of the goods and must be notified by prinux immediately. Defects in a part of the delivery cannot lead to a complaint about the whole consignment. prinux has the right to rectify the defects or to make a replacement delivery; the customer waives the right to withdraw from the contract in the case of significant defects or to demand a reduction in payment in the case of significant or insignificant defects. Claims for damages are (except in the case of gross negligence on the part of prinux) limited to the amount of the invoice amount. Minor color deviations in the final product (compared to products previously delivered by prinux) do not entitle the customer to make a complaint. A customer’s right of return that deviates from these rules and may be more extensive (“satisfaction guarantee”) shall only apply to those products for which these deviating offers have been expressly guaranteed in advertising material or on the prinux website at the time of ordering.
9. Documents/Files provided:
Materials provided by the customer, such as templates, texts, data, etc., are to be delivered free of charge to prinux. Receipt is confirmed without guarantee for the correctness of the quality and quantity stated in the delivery documents. prinux is only able to carry out proper acceptance and inspection during the design and production process and is only liable for such damage caused by its own fault. If any defects in the documents provided by the customer, in particular printing documents, are not immediately apparent, but only become apparent upon completion of the order or during the printing process, the customer shall have no claims in the event of unsatisfactory results. prinux shall be liable as custodian within the meaning of the General Civil Code.
10. Working documents:
prinux shall be liable for manuscripts, drafts, lithographs, slides and other documents within the meaning of item 11 until 4 weeks after completion of the order. Beyond that prinux does not accept any liability whatsoever for documents that are not demanded back.
11. Right of ownership:
The drafts, briefs, lithographs, data and other aids provided by prinux for the production process remain the inalienable property of prinux, even if the customer has paid compensation for the value of these works. This also applies to work aids that were produced by another company on behalf of prinux.
12. Typesetting and printing errors:
Typographical errors will be corrected free of charge if they are the fault of prinux. Typographical errors caused by customer input on one of prinux’ websites do not entitle the customer to a free replacement or correction. Changes to the print template will be charged according to the time spent on the work (author’s correction). Galley proofs will only be presented to the customer upon express request. prinux is entitled to set a reasonable deadline for the customer to carry out the correction, after which the galley proof is automatically considered approved. If the customer refrains from submitting a galley proof, prinux shall only be liable for gross negligence. The last edition of the Duden is authoritative for spelling in the German language.
prinux shall not be obliged to store printing work, data, films, papers etc. after execution of the order. The agreed obligation to store the items mentioned above shall also lapse if the Principal does not pay the costs charged for them within 4 weeks.
14. Caims for damages and liability of the client:
Any claims for damages by the Principal to prinux are generally limited to the amount of the invoice amount, unless the damage is due to gross negligence on the part of the Printer. In particular in the case of print orders the customer must carefully check all print templates before approval for printing. If products are passed on directly to third parties on behalf of the customer, prinux shall not accept any liability whatsoever for errors contained therein or any other damage resulting therefrom.
15. Copyright and reproduction rights:
Insofar as prinux itself is the originator or owner of the copyrights and ancillary copyrights to the delivered print products or parts thereof, the customer shall only acquire the non-exclusive right to distribute the delivered products upon acceptance of the delivery (§ 16 Copyright Act); otherwise the copyrights and rights of use in the hands of prinux shall remain unaffected. The supplier shall have the exclusive right to use the reproduction media (films, data, etc.) produced by him to produce copies. He is not obliged to surrender such means. The supplier is not obliged to check whether the customer has the right to reproduce the artwork or otherwise use it in the intended manner, but is entitled to assume that the customer has all those rights that are necessary for the execution of the order vis-à-vis third parties. Customer shall be obliged to indemnify and hold Supplier harmless against all claims raised by third parties on the grounds of infringements of copyrights, ancillary copyrights, other industrial property rights or personal rights. The supplier must notify the customer of such claims without delay and, in the event of legal action, notify the customer of the dispute. If Customer does not join the proceedings as a party in dispute with Supplier following the notification of the dispute, Supplier shall be entitled to acknowledge the claim of the plaintiff and to indemnify Customer without regard to the legality of the acknowledged claim.
16. Content of advertising material and printed matter:
prinux shall not be liable for the accuracy of the content or the legality, in particular with regard to competition law, of advertising materials and printed matter, even if the texts, graphics, illustrations, photos or parts thereof were written or designed by prinux or its suppliers for the customer. The customer is solely responsible for the content and design of the advertising material and printed matter commissioned by him and will therefore indemnify prinux from all disadvantages that may arise from these products.
In any case, prinux reserves the right to refuse or cancel orders whose content provided by the customer
(e.g. text and graphics on business cards and other business stationery)
– violate criminal law or could be punished as a misdemeanor
– is xenophobic, hostile to minorities, sexist, glorifies violence, is immoral or unconstitutional
– or disregards general ethical values.
17. Place of jurisdiction and place of performance:
The place of performance for all contractual relationships subject to these terms and conditions of delivery and payment and the place of jurisdiction for legal disputes about the existence or non-existence of such a contractual relationship and for legal disputes arising from it is Vienna. Disputes arising from transactions to which these terms and conditions apply shall be subject to the domestic Austrian jurisdiction.
Deviations from these terms and conditions of delivery and payment only become valid after written agreement. In the case of changes and cancellations not made in writing, the client bears the risk of any misunderstanding caused by any cause whatsoever. He therefore has no claims for compensation if an order placed in this way is not properly executed. Oral and telephone agreements of any kind require written confirmation.
The invalidity of individual provisions of these general terms and conditions does not affect the validity and binding nature of the remaining provisions. The ineffective provision shall be replaced by an effective provision which comes closest to the meaning and purpose of the ineffective provision.
20. Choice of law:
These terms and conditions and the entire legal relationship between the customer and prinux shall be governed by Austrian law. The application of the Vienna Convention on Contracts for the International Sale of Goods (UN Sales Convention) to the transactions subject to these terms and conditions is excluded by mutual agreement.
This english version of our terms and conditions has been translated automatically. The translations may contain errors. In case of doubt, the German version applies..