The small print

Welcome at Otti’sign

Otti'sign
Ottilie Mostegel
Tafang 15a
6341 Ebbs / Tyrol
AUSTRIA

(below named Otti‘ sign)

These are the General Terms and Conditions (below named GTC) at Otti’sign. The GTC are part of the contract between you and Otti’sign through acceptance of our order confirmation.

Revocation right

Widerrufsbelehrung:

a) You can revoke your order in written form without indicating the reason by letter, by a durable electronic file or by email within 2 weeks after receipt of the delivery. A reason for the execution of the revocation right is not necessary. If you receive the revocation advice only after the delivery, the term for revocation begins with the receipt of the revocation advice. The revocation has to be addressed to the following address:

Otti'sign
Ottilie Mostegel
Tafang 15a
6341 Ebbs / Tyrol
AUSTRIA

+43 (0)664 73672655
office@ottisign.com

The respect of the revocation term is given by sending the revocation letter respectively by returning the merchandise.

b) The merchandise has to be returned to the following address: Ottilie Mostegel, Tafang 15a, 6341 Ebbs / Tyrol, AUSTRIA

c) The revocation right is not valid for contracts where the merchandise has been produced and printed on basis of the special request of the orderer. The legal guarantee rights remain independent from this regulation.

d) If the merchandise has been used, the orderer must pay the merchandise value. Any value reduction through the use of the merchandise is not taken into account.

e) If the revocation is justified, we return the purchase price within 30 days if the merchandise has been paid before.  Otti’sign stores and treats the personal datas of the orderer in an automatic way if they are necessary for the content or modification of the contract (basic datas) due to § 5 ………………… Otti’sign uses and treats the usage and invoicing datas of the orderer on basis of § 6 …………..

 

1.Validity scope

1.1. The following General Terms and Conditions valid in the moment of the ordering are applied in the frame of the offer of Otti’sign.

1.2. General Terms of the orderer are explicitely denied. Modifications of these General Terms and Conditions are only effective if they are confirmed by us in written form. If written form is mandatory, modifications can only be done in written form. No oral agreements have been concluded.

1.3. Consumers in the frame of our General Terms and Conditions are natural persons who do legal business for purposes outside of their professional and self-acting activities (§ 13 BGB).

1.4. Professionals in the frame of our General Terms and Conditions are legal and natural persons who act in the frame of their professional or self-acting activity when concluding a legal business (§ 14 BGB).

 

2. Offer, contract concluding and invoicing

2.1 A contract is concluded if the orderer confirms an order confirmation transmitted by Otti’sign by letter or email. The content of our order confirmation is binding. The volume of the delivery is based on the order confirmation.

2.2 We are not reliable for evident errors, typing, printing and calculation errors. If Otti’sign produces not evident errors like typing, printing and calculation errors, the correct price will be calculated. In this case, the orderer has the right to immediately cancel the order if he does not agree with the newly calculated price if the delivered merchandise has not been produced on the special request of the orderer. The rights of the orderer based on the „Fernabsatzgesetz“ remain independent of this regulation.

2.3 Samples are approximate demonstration objects for quality, measurement and colours if not otherwise agreed.

2.4 The invoicing is adressed to the client by email after receipt of the merchandise by the client. If the customer needs an invoice by normal mail, this will be immediately done. If the orderer is a professional, the following supplementary terms are applied.

2.5 In the relationship with professionals, we are only reliable for public announcements, especially in form of advertising, which have been initiated by us or to which we have referred explicitely in the moment of contract concluding. In such cases of public announcements initiated by us, we are only reliable, if they really have influenced the purchase decision of the professional orderer.

 

3. Dispatch, danger transfer, packaging

3.1. We will choose the way and kind of dispatch. There are no partial dispatches, the transport takes into account all transport, product and environmental aspects. The biggest product defines the length of the packaging.

3.2. Multiple use packagings are only lent to the orderer. The return of packaging units has to be announced by the orderer to us withing three weeks in written form and has to be returned. If this is not done, we can invoice a lending fee retroactively or can invoice the value of the packaging whose payment is immediately due after receipt of the invoice. For professionals the following terms defined in the points 3.3. until 3.6. included are applied additionally.

3.3. Our deliveries are ex stocks or ex factory. After transfer of the merchandise to the transporter – egal if initiated by the orderer, the manufacturer or us, the orderer is reliable for any danger. This is valid also for partial or post-paid deliveries.  In the case of deliveries done through our own vehicles, the danger is transferred to the orderer in the moment when the merchandise is delivered at the place indicated by the orderer.

3.4. If the dispatch is delayed due to the request or due to the default of the orderer, the merchandise is stored on costs and danger of the orderer. In this case, the advice of the disposal of the merchandise has the same value like the dispatch. In the moment of storing, the invoice immediately becomes due.

3.5. If the transport is executed with the own vehicle or other vehicles, the transfer of the merchandise is executed when it is at the disposal of the beneficiary at the delivery place on a solid roadway. If the access is not solid, the transfer is done at a place where the vehicle can access without problems.

3.6. If the orderer needs help for downloading in addition to the contract (technical support included), these expenses are additionally invoiced. This support does not produce a take over of additional reliability or danger transfer.

 

4. Delivery terms and delay

4.1. A delivery term is only approximately agreed if there is not a written explicitely binding confirmation from us or an oral announcement by the management or by a fully authorized person. The term begins with the day of defining all technical or other details of the order, the transmission of necessary documents and the advance payment if agreed. The term is prolongated by the period where the orderer is in delay by other contracts within the current business activity.

4.2. The execution respectively delivery term is prolongated – also within a delay – in the case of force majeure or of other not foreseen obstacles produced after concluding the contract for which we are not reliable (especially for work interruptions, strikes, blocked or interruped traffic ways) if these obstacles have important influence on the execution respectively delivery. This is also valid if our suppliers or subordinated companies are concerned by such obstacles.  We will inform the orderer of the beginning and ending of such obstacles immediately. The orderer can request a statement if we will revoke the order or if we will deliver respectively execute the order in a well estimated time. If we do not react immediately, the orderer can cancel the order. Compensation requests are excluded in such cases.

4.3. We are not reliable for delayed or not possible deliveries produced by our suppliers. We will assign eventual compensation rights against our suppliers to the orderer.

4.4. After concluding of the contract, if we are informed about facts like payment delay for former deliveries which let us suppose that the financial situation is no more sure, we can wait with the execution until the opposite is proved or if a due security for the performance is done. If a first performance is requested, we can ask for a due security. In this case, we can define a certain term within which our contract partner must initiate an equivalent or a due security at his choice. After the end of this term, we can cancel the order. Partial deliveries are immediately due in such cases.

4.5. Partial performances and partial deliveries are allowed in an adequate volume. We can ask for partial payments in conformity with the deliveries.

4.6. If the orderer does not accept the merchandise, Otti’sign can cancel the order after a term of 2 weeks or can ask for compensation when the contract has not been fulfilled.

4.7. The merchandise must be accepted by the orderer also in case of non significant defects, indepently of his guarantee rights.

 

 

5. Data protection

5.1. We inform the orderer hereby that the personal datas obtained and necesssary  in the frame of the business relationship are stored and treated confidentially respecting the ……. and …..

5.2. Otti’sign will store, treat and use the datas received in the frame of the contract where necessary for the execution of the order and for the internal information.

 

6. Prices/Maturity/Payment/Set off

6.1. The prices are indicated in Euro, added are; packaging, freight and other costs and the VAT at the rates valid in the moment of the order.

6.2. Reductions, discounts a.s.o. have to be agreed separately.

6.3. We base our price calculations on the positions of the order without modifications taking into account that all pre-work is done and that there are no obstacles in the fulfilment of the execution.

6.4. If the delivery or performance should be done four months after concluding the contract or later on, we can increase the  price in case of higher costs, wages, a.s.o.

6.5. We are authorized to request prepayments if the performance is delayed without our own default.

6.6. All payments (especially of the purchase price) are due at the moment of the transfer of the merchandise and immediately payale. All payments including debit interests are always used fort he settlement of the oldest due commitments. Discounts are only granted if contractually agreed.

6.7. An agreement concerning a later maturity or a payment delay of the purchase price must be done in written form.

6.8. Payments by cheque or bill of exchange have to be agreed in written form. Credits from bills of exchange and drafts are registered after deduction of the relevant costs with value of the day when we get the countervalue.

6.9. Indepently of the duration of accepted and credit bills of exchange, our claims become immediately due if payment conditions are not respected or if we get to know facts which let us suppose that the financial situation of the orderer is no more sure. In this case we are authorized to request prepayments or securities. We can also revoke any deductions – even when not appearing on the invoice – and any other favours.

6.10. In case of a payment delay caused by the orderer or if the bill of exchange is not honoured at maturity, we are authorized to request the merchandise to be returned or if needed to access the residence of the orderer in order to get back the merchandise. We can also forbid the further sale and removal of the delivered goods. The taking back is not the cancelling of the order if the consumer credit law is not applied.  

6.11. In the cases of points 6.09. and 06.10, we can revoke the withdrawal authorization (see point 7.6.) and ask for prepayments fort he still outstanding deliveries. The orderer can avoid this and the legal consequences of point 6.10. by giving a security for our pending claims.

6.12. A compensation against our claims is only possible with uncontested or legal valid counterclaims. A retaining right from former or other business can not be taken into consideration. Deductions of the purchase price done by the orderer for the destruction of the packaging material, especially for the transport material, are not allowed.

6.13. Max three delivery trials will be done by Otti’sign. Additional costs are to be paid by the orderer. If the orderer is professional, the following is applied:

6.14. The payment of a professional is delayed if he does not pay within 30 days after receipt of the invoice or of any other payment instruction. If the date of the receipt of the invoice or of the issue of the invoice is not clear, the 30 days term begins at the moment of the receipt of the merchandise.

If the orderer is consumer, the following is applied<<.

6.15. If the orderer is consumer on basis of § …. , the purchase price is immediately due at receipt of the invoice. The payment is delayed if it is not done within 30 days after receipt of the invoice. Independently of the receipt of the invoice, the 30 days term begins with the receipt of the merchandise. The level of delay interests is based on ……

 

 

 

7. Title retention

7.1. The merchandise remains our property until full payment of the purchase price. If the merchandise is bought by a professional, the good remains in our property until all claims arised  in the relationship (including all future claims produced by contracts concluded at the same time or later on) are settled. This concerns single claims or all claims declared in a current invoice with official and recognized balance.

7.2.eventuell zu löschen, wenn Ihr keine Wechsel akzeptiert

If payment of the purchase price by bill of exchange is convened the title retention remains valid until the settlement of the bill of exchange by the orderer like drawee.

7.3. The orderer must inform us if access of third parties is given for merchandise under title retention and if claims are assigned. He is entitled to sell the merchandise under title retention only in the frame of his normal business and when his payments are not delayed, under the condition that the claims arising from the sale are transferred to us as per point 7.4. of our GTC. No other use of the merchandise under title retention is allowed.

7.4. The orderer transfers the claims from the sale of merchandise under title retention to us.

7.5. If the merchandise under title retention is sold together with other goods non delivered by us, the claim from this sale has to be transferred to us corresponding to our invoice value.

7.6. The orderer is entitled to withdraw claims from the sale  if we do not revoke the withdrawal authorization (see poin 6.11). We can request that he informs his clients about the transfer  - if we do not do it ourselves - and he must give us all necessary information and documentation (eg names and addresses of his debtors). A further transfer of the claims by the orderer is not permitted (eg in favour of banks).

7.7. On request of the orderer, we will release the received securities if their value is higher than the value of our claims by 20 %.

 

8. Guarantee / objection

For lacks as per § ….. we are reliable as defined below:

8.1. The orderer is reliable solely if rights, especially origin rights from third parties, are injured by the execution of the order. The orderer has to exempt Otti’sign from all claims of third parties in such a case. Otti’sign can always ask the orderer for proofs of the authorization of name rights of third parties respectively of origin rights. 

8.2. The orderer’s form, content or purpose of his requested prints must not violate legal prohibitions,  current usages and rights of third parties (name, origin and data protection rights). The orderer does not order prints with pornographic, violance and instigating content and does not provoke criminal offences or instructions for this.

8.3. Otti’sign is not reliable for not permitted prints as described under 8.2. There are no material damages in such cases.

8.4. Evident visible lacks appearing on the goods including transport damages have to be declared in the moment of delivery or within 1 week after receipt at the latest with exact description in written form. If the replacement delivery does not work, the orderer can ask for a deduction of the purchase price or the cancellation of the contract at his choice. In the case of cancellation the merchandise has to be fully returned at the costs of Otti’sign.

8.5. In the case of transport damages, the status of the merchandise must not be changed in the moment of detection of the damage. If the orderer is professional, the following is applied:

8.6. In the relationship with professionals, we are only reliable for public announcements, especially in form of advertising, which have been initiated by us. In such cases of public announcements initiated by us, we are only reliable, if they really have influenced the purchase decision of the professional orderer.

8.7. If the objections are justifed, we are authorized to define the kind of replacement performance (replacement delivery or correction) considering the kind of lack and the justified interest of the orderer .

8.8. Material damages rights become prescreptive within 12 months. This is not valid if the law …………………… prescribes a longer term. If the orderer is consumer (see point 1.3.) due to ….., the guarantee term for used goods amounts to 12 months. This is not valid if the law ….. prescribes a longer term or if we are reliable due to other legal prescriptions.

 

9. Replacement rights

Replacement and cost rigths of the orderer (below replacement rights) independent of the legal reason (especially due to non respect of duties from a debtor relationship or due to non permitted actions) are excluded. This is not applied if a guarantee is given or if the purchase risk is taken over or if a liability is mandatory on basis of product liability law or if life, corpus and wellness of a person are injured by gross negligence or when important contract duties are not respected. The replacement right for non respect of important contract duties is limited to the replacement of foreseeable damage if the latter was not produced by gross negligence or produced by injurement of life, corpus or wellnesss. There will be no proofing documentation to the debit of the orderer.

 

10. Transfer of claims

The transfer of claims which the orderer has against us in the frame of the relationship is excluded.

 

11. Place of performance, legal domicile, applicable law

11.1.In the case of plaint, if the orderer does not have a regular residence in Austria or if the address is not known to Otti’sign or if the professional has a public special status or is a juridical person of public right, the legal domicile is …… This is valid for all kind of disputes arising from the contractual relationship.

11.2. We are entitled to accuse the orderer at his legal domicile.

11.3. If the orderer is professional, the contract including these GTC is subject to the material right of the Republic of Austria excluding UN purchase and international right.

11.4. If the orderer is consumer, the contract including these GTC is subject to the right where the consumer has his ordinary residence.

 

12. Preventing clause

If one of the parts of these GTC becomes non effective, the other parts remain valid. The non effective part is replaced by a regulation being in the sense and purpose of the former regulation. The same is valid for other missing regulations.

Situation as per October 2017