General Terms and Conditions (GTC) for Private Customers
1. Scope of Application
(1) The following General Terms and Conditions apply to all business relationships between STAINER and the purchaser.
By placing any order or enquiry without reservation, the purchaser acknowledges that exclusively these General Terms and Conditions shall apply.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
2. Offer and Conclusion of Contract
(1) The goods and product descriptions contained in the webshop do not constitute binding offers but serve solely as an invitation to the purchaser to submit a binding offer.
The purchaser may submit their purchase offer via the online ordering system (webshop).
(2) When purchasing via the webshop, the following applies:
The goods intended for purchase are placed in the shopping cart.
By clicking on the corresponding button in the navigation bar, the purchaser may open the shopping cart and make changes at any time.
After clicking “Checkout” and entering personal data, the delivery method, and payment terms, all order details are displayed again.
After clicking “Checkout” and entering personal data, the delivery method, and payment terms, all order details are displayed again.ochmals die Möglichkeit, hier sämtliche Angaben zu überprüfen, zu ändern bzw. den Kauf abzubrechen.
By submitting the order via the corresponding button, the purchaser places a binding offer with STAINER.
The purchaser first receives an automated email confirming receipt of the order—this confirmation does not yet constitute acceptance of the contract.
The purchase contract is only concluded once a shipping confirmation has been sent or the goods have been delivered.
(3) All information regarding goods and prices during the ordering process is non-binding.
The purchaser makes a binding purchase offer by clicking the “Checkout” button, which must still be accepted by STAINER.
By submitting the purchase offer, the purchaser confirms that they are at least 16 years of age.
Only upon STAINER’s acceptance of the order does a purchase contract arise, establishing rights and obligations for delivery and payment.
STAINER is not obliged to accept the purchaser’s offer.
(4) A password required for ordering must not be passed on to third parties.
In the event of disclosure, the purchaser shall also be liable for orders placed by such third parties.
The purchaser is responsible for all orders made using their password and for any resulting claims.
3. Prices and Shipping Costs
(1) The stated prices are final prices including statutory VAT.
(2) Shipping costs are not included in the purchase price.
They are displayed separately during the ordering process and must be borne by the purchaser unless free shipping has been expressly offered.
Shipping costs are exclusive of any customs duties, import charges, insurance, or ancillary fees that may apply.
4. Corrections before Print Approval (“Proof Approval”) / Changes
(1) Prior to printing, the print result is simulated by suitable means free of charge (e.g. correction PDF, test print).
At the purchaser’s explicit request, a proof print or press proof will be prepared for a fee.
STAINER may, however, also create a proof print or press proof at its own expense without the purchaser’s request.
(2) Before production begins, the purchaser must approve the simulated print result (print approval or “proof approval”).
STAINER may set a reasonable deadline for this review; after expiration, approval shall be deemed granted.
From that point on, STAINER is liable only for defects arising from production steps after approval.
The same applies where comparable approvals are granted during production.
STAINER is not liable for damage resulting from delayed print approval by the purchaser.
(3) Until print approval (“proof approval”), typesetting, printing, or other errors caused by STAINER will be corrected free of charge.
All other corrections will be charged to the purchaser based on the time spent.
(4) STAINER is under no obligation to check order data or simulated print results, except for obvious errors that are immediately apparent (e.g. when the customer provides a file with a different number of pages or format than ordered).
If either party notices an error, it must promptly inform the other party.
5. Delivery Periods and Partial Deliveriesieferung
(1) Delivery usually takes place within approximately 12–15 working days from the date of order.
For the payment option “prepayment,” the goods will only be dispatched after receipt of the invoice amount.
STAINER is obliged to perform only once the purchaser has fulfilled all obligations necessary for execution.
A deviation of up to two weeks before or after the stated delivery time shall be deemed permissible and considered timely delivery.
(2) In the event of a delay in delivery or non-delivery attributable to STAINER, the purchaser shall, to the exclusion of further claims, only have the right to withdraw from the contract after granting STAINER a reasonable written grace period, stating that they will refuse acceptance after its expiry.
Claims for damages due to exceeding the delivery period or delay are excluded in all cases.
(3) STAINER is entitled to make partial deliveries.
Over- or under-deliveries for technical reasons of up to 10 % are permissible and will be invoiced proportionally at the agreed price.
(4) All delivered packaging of all tariff categories is fully covered under ARA license no. 9553 until revoked and will not be taken back.
(5) If the purchaser requests a later delivery than originally agreed, STAINER shall no longer be liable, from the originally agreed delivery date onward, for accidental loss or damage to the goods caused by negligence.
(6) In cases of force majeure or other unforeseeable and exceptional circumstances (e.g. operational disruption, strike, official intervention, environmental disaster, etc.), STAINER is released from its performance obligations until normal business operations are resumed, and delivery periods and dates shall be extended accordingly.
Furthermore, STAINER reserves the right to cancel outstanding delivery commitments.
The same applies as long as STAINER’s suppliers are prevented from fulfilling their obligations due to the aforementioned circumstances; resumption of their operations shall be decisive.
6. Transfer of Risk
Upon handover of the goods by the commissioned transport company to the purchaser, the risk of accidental loss or accidental deterioration of the goods passes to the purchaser.
7. Default of Acceptance
(1) If the purchaser does not accept the goods upon delivery, or if postal delivery cannot be made, STAINER is entitled to store the goods at the purchaser’s expense and, after granting a reasonable grace period, to withdraw from the contract and, at its own discretion, demand compensation in lieu of performance amounting to 20 % of the gross order price.
(2) The assertion of further damages, particularly storage costs or reduced proceeds from resale, remains reserved.
(3) The purchaser is obliged to accept goods sent or made available for collection without delay.
In the event of default of acceptance, the purchaser bears the risk of accidental loss and negligent damage to the goods by STAINER or third parties.
STAINER is entitled to store the goods at the purchaser’s expense, either itself or through a freight forwarder.
8. Terms of Payment and Prohibition of Set-Off
(1) The payment terms are stated on the website under “Payment.”
STAINER reserves the right to exclude individual payment methods.
For the payment method “prepayment,” the purchaser will be informed of the bank details, and the invoice amount must be transferred within 14 days of receipt of this information.
(2) The date of payment is the date on which the amount is received by STAINER or credited to STAINER’s account.
If payment is not received on time, STAINER reserves the right not to process the order.
(3) Incoming payments may, at STAINER’s discretion and unless otherwise indicated by the purchaser, be applied to the oldest outstanding debt including interest and costs.chenden Angabe des Käufers auf die jeweils älteste Schuld nebst Zinsen und Kosten angerechnet werden.
(4) In the event of delayed payment, even if not the purchaser’s fault, STAINER is entitled to charge default interest at the customary bank rate.
Furthermore, STAINER may withhold outstanding deliveries or services or demand advance payments or securities.n bzw. Sicherstellungen zu verlangen.
(5) If the above-mentioned payment terms are not observed or circumstances become known which, in STAINER’s reasonable commercial judgment, are likely to impair the purchaser’s creditworthiness, all outstanding claims shall become immediately due and payable.
(6) The purchaser may only set off own claims if such counterclaims are legally related to the purchaser’s obligations and have been acknowledged by STAINER or determined by a court.
9. Warranty and Liability
(1) The statutory warranty provisions shall apply. Gewährleistungsbestimmungen.
(2) Special provisions for the delivery of films or panels intended for further processing or produced based on data supplied by the purchaser:
(a) The printing motifs must be checked by the purchaser in advance for correctness, size, and positioning and approved in writing.
The purchaser must also check and approve in writing the conformity of the submitted preliminary and intermediate products.
The risk of any errors passes to the purchaser upon written approval, unless such errors arise during or after the subsequent production process or could not have been detected.
(b) STAINER assumes no liability for the suitability of materials supplied by the purchaser.
STAINER must only warn the purchaser in cases of obvious unsuitability; in all other cases, any obligation to compensate is excluded.
(c) It is expressly stated that the final product—due to differing manufacturing processes and materials used—may show color variations compared to preliminary or intermediate products.
Such color variations do not constitute a defect.
(d) For the delivery of films and panels, or related contract finishing or processing work, STAINER is not liable for any impairment of the refined or processed material unless the damage was caused intentionally or by gross negligence.
Liability for consequential damages (such as impairment of supplied material, downtime, or contractual penalties) is likewise excluded unless caused intentionally or by gross negligence.
(e) Liability for improper storage of the goods is excluded in all cases.
(f) Printing errors visible only at a viewing distance of less than approximately one meter shall not constitute grounds for complaint.
(3) STAINER shall be liable for damages only where intent or gross negligence is proven, within the limits of statutory provisions; this does 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 remain the property of STAINER until full payment of the purchase price, including interest and ancillary costs.
(2) The retention of title also extends to products resulting from processing.
In the event of processing, combination, or mixing with other materials, STAINER acquires co-ownership of the resulting goods in proportion to the value added.
If this proportion cannot be determined, co-ownership shall be deemed to exist in proportion to the gross contract value, but at least 30 % of the total product value.
11. Right of WithdrawalThe purchaser has the right to withdraw from this contract within fourteen (14) days without giving any reason.
Please note that STAINER products are generally custom-made and produced specifically after order confirmation; therefore, such items are excluded from withdrawal.
The withdrawal period is fourteen days from the day on which the purchaser or a third party designated by the purchaser (who is not the carrier) has taken possession of the last goods.
To exercise the right of withdrawal, the purchaser must inform us
(Stainer Schriften & Siebdruck GmbH & Co. KG, Gewerbegebiet 205, 5092 St. Martin bei Lofer, Austria,
email: office@stainer.co.at,
Tel.: +43 (0) 6588 84 40, Fax: +43 (0) 6588 80 40)
by means of a clear statement (e.g. a letter sent by post, fax, or email) of the decision to withdraw from this contract.
The purchaser may use the sample withdrawal form provided below, though its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the purchaser to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If the purchaser withdraws from this contract, STAINER shall reimburse all payments received from the purchaser, including delivery costs (except for additional costs resulting from the purchaser choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the date on which the notice of withdrawal was received.
For this refund, STAINER shall use the same means of payment that the purchaser used in the original transaction unless otherwise expressly agreed; no fees shall be charged for this refund.
STAINER may withhold reimbursement until it has received the goods back or until the purchaser has provided proof that the goods have been returned, whichever is earlier.
The purchaser must return or hand over the goods to STAINER without undue delay and in any event no later than fourteen days from the date the purchaser informed STAINER of the withdrawal.
The deadline is met if the goods are sent before the fourteen-day period expires.
The purchaser bears the direct cost of returning the goods.
The purchaser is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.
If the purchaser expressly chooses a delivery method other than the least expensive standard delivery offered, there is no entitlement to reimbursement of the additional costs incurred.
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and whose production is determined by an individual selection or specification by the purchaser, or which are clearly tailored to the personal needs of the purchaser.
Sample Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Stainer Schriften & Siebdruck GmbH & Co. KG
Gewerbegebiet 205
5092 St. Martin bei Lofer, Austria
Email: office@stainer.co.at
Fax: +43 (0) 6588 80 40
I/we () hereby withdraw from 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 purchaser(s)
— Address of purchaser(s)
— Signature of purchaser(s) (only for notification on paper)
— Date
(*) Delete as applicable.
12. Reproduction Rights, Drawings, Print Data, Samples, Images, Photos, and Third-Party Rights
(1) Plans, sketches, samples, and other technical documents remain the exclusive intellectual property of STAINER.
Reproduction or imitation of delivered goods or transfer to third parties for this purpose is not permitted without STAINER’s written consent.
(2) The purchaser is liable to STAINER for ensuring that execution of commissioned work and use of drawings, print data, samples, images, and photos provided by the purchaser do not infringe third-party rights. By submitting such materials, the purchaser irrevocably declares ownership of all relevant intellectual property rights—particularly copyrights and exploitation rights—and shall fully indemnify and hold STAINER harmless from any third-party claims arising from such infringements.
13. Place of Jurisdiction, Applicable Law, and Severability Clause
(1) The contract language is German.
The contract text is stored by STAINER, but storage is limited in duration; therefore, the purchaser is responsible for printing or saving a copy.
(2) This contract is governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as mandatory provisions of the consumer’s country of habitual residence do not prevail.
(3) The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the competent court for STAINER’s registered office, currently the District Court of Zell am See or the Regional Court of Salzburg.
If the purchaser is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has a residence or habitual abode in Austria or is employed there, jurisdiction lies with the court in whose district the purchaser’s residence, habitual abode, or place of employment is located.
(4) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
The contracting parties shall agree on a new provision that most closely reflects the intent and purpose of the invalid clause.
14. Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which allows consumers to resolve disputes related to online orders without resorting to court proceedings.
The ODR platform is available at: http://ec.europa.eu/consumers/odr/
In Austria, consumers may also participate in the dispute resolution procedure of the Internet Ombudsman: https://www.ombudsstelle.at/
Further information on the procedures is available there.
STAINER strives to settle any disagreements arising from contracts amicably.
However, STAINER is not obliged to participate in dispute resolution proceedings and cannot offer participation in such a procedure.
For inquiries, you may also contact STAINER via email at: office@stainer.co.at
Effective as of: 01 October 2024