1. COMMUNICATION

By placing an order via the online shop, you agree that all communication from us to you will take place exclusively via e-mail.

You can contact Europapier Austria at office@europapier.at.

 

 

2. CONCLUSION OF CONTRACT

Contracts are only concluded with entrepreneurs within the EU who place orders within the framework of their company. The contractual partner is Europapier Austria GmbH. Contracts with consumers are excluded. Orders via the web shop by the persons named are not permitted; the consumer is liable to us for all damage resulting from non-compliance with the restrictions on use of the web shop.

 

The information obligations according to § 9 ECG are expressly waived.

All information, in particular that on the Europapier website, is subject to change and should be understood as an invitation to submit an offer.

 

Conclusion of contract via the web shop

By clicking on the button "Order with obligation to pay" you make a binding offer to us to conclude a purchase contract for the goods contained in the shopping cart. If you place an order with Europapier, we will send you an e-mail confirming that we have received your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. Should our confirmation deviate from the order, our confirmation will form the basis of the contract if the buyer does not object to this in writing within 3 days. A sales contract is only concluded when we send the ordered product to you.

 

conclusion of contract by other means

Orders and changes to them are only binding for us if they have been expressly accepted by us in writing, by fax or by e-mail. Should our confirmation deviate from the order, our confirmation will form the basis of the contract if the buyer does not object to this in writing within 3 days.

 

3. DETAILS OF THE GOODS

With regard to the technical properties of the goods and areas of application, the respective information provided by the manufacturer applies. Unless otherwise agreed, the paper will not be trimmed. In the case of post-trimmed paper, the weight is calculated including the loss resulting from post-trimming. The weight is calculated on the basis of the confirmed basis weight. In accordance with existing practices, the basis weights stated in the order confirmation are always weighed including the envelope. Weighed format paper is calculated at net weight (gross weight minus the weight for wooden packaging and iron straps), roll paper is calculated gross for net. Specified Pantone and RAL colors are production-related and should only be regarded as approximate values.

 

4. PRICES

Value added tax at the applicable statutory rate is added to the prices quoted by us in price lists, offers and order confirmations. We reserve the right to choose the shipping method. If the buyer requests a different shipping method (e.g. urgent or express shipping), he shall bear the additional costs. We reserve the right to make and invoice partial deliveries.

 

5. CREDIT CHECK AND PAYMENT

We reserve the right to withdraw from the contract without setting a grace period if justified doubts arise about the creditworthiness of the buyer, in particular if the buyer does not fulfill obligations - including towards third parties - or if insolvency proceedings are opened against the buyer's assets. No claims arise from this for the buyer. We would like to point out that, for reasons of creditworthiness, we forward some of our customers' company data to the KSV (credit protection association of 1870) and to our current credit insurer, which are treated with absolute confidentiality.

 

Unless deviating terms of payment have been agreed, our invoices are due for payment without deduction immediately upon receipt. In the case of deviating payment terms, the payment period begins with the invoice date. All payments are to be made in euros free of charges. Any acceptance of a check or bill of exchange is always only on account of payment and is therefore not considered payment. The buyer is not entitled to withhold his payments because of alleged warranty claims or other claims or to offset against our claims with alleged counterclaims. All taxes and other charges related to delivery are the responsibility of the buyer.

 

Irrespective of any dedication by the buyer, incoming payments will first be offset against any costs, then against interest and finally against capital (unsecured parts of capital before secured, older parts of capital before younger ones).

 

In the event of a delay in payment, all outstanding claims, including those not yet due, are due for payment immediately. In addition, in the event of a delay in payment, we are entitled to withdraw from all legal transactions without setting a grace period or to make further deliveries dependent on advance payment. The buyer has no claims from withdrawing from the contract. In the event of late payment, subject to further claims, interest on arrears at a rate of 9.2% above the base interest rate p.a. shall be paid according to the content of the invoice or collection charges.

 

Any rebates, bonuses or cash discounts are granted subject to full and punctual receipt of payment.

 

6. PLACE OF PERFORMANCE, PASSING OF RISK AND SHIPPING

The place of performance for all services and consideration provided by Europapier Austria is its registered office in 1210 Vienna, Autokaderstraße 86 – 96.

 

All current and future claims from contracts with the customer are to be fulfilled at the place of performance, regardless of whether we have shipped the goods. The goods are always shipped at the risk of the buyer. Insurance is only taken out if expressly ordered and at the expense of the buyer. The risk is transferred to the buyer on the day the goods are ready for dispatch. If delivery cannot take place due to force majeure (strike, war, etc.) or other reasons for which we are not responsible (e.g. delay in delivery on the part of our supplier), we reserve the right to withdraw from the contract within 2 months without that the buyer has claims arising from the withdrawal from the contract.

 

7. RESERVATION OF TITLE

All deliveries are made under retention of title, the delivered goods remain our property until full payment. Up to this point in time, the buyer is only entitled to resell, treat or process the goods or to combine them with other goods with our written consent. If the buyer defaults on payment or if there are reasonable doubts about the buyer's ability to pay, the buyer must surrender the reserved goods at our request; this request for return does not constitute a withdrawal from the contract.

 

Until the goods have been paid for in full, the buyer should store and insure the goods with customary care and prove this on request. If the goods are reduced in value or destroyed, the buyer assigns the claims against the insurer to us as payment until the goods have been paid for.

 

 

8. OBLIGATION TO REJECT

The buyer must notify the carrier of transport damage and differences in quantity, otherwise all claims are excluded, upon acceptance of the goods and immediately in writing to us. Any quality defects in the goods delivered by us must be reported to us in writing within 8 days of delivery and before any processing of the goods, otherwise all claims are excluded, with precise details of the alleged defects. If we process a complaint from the buyer without reservation, e.g. B. examining the allegedly defective goods or conducting negotiations with the buyer about alleged warranty claims, this does not mean a waiver of the defense of delayed notification of defects.

 

9. WARRANTY, ERRORS AND DAMAGES

In the absence of any deviating written agreement in individual cases, we only guarantee freedom from defects of title and for the properties of the goods in accordance with the respective information from the manufacturer. Any warranty that goes beyond this, in particular for suitability for a specific purpose, is excluded.

 

Goods cut or otherwise processed by us at the customer's request will not be taken back and no replacement or discount will be granted for them. Goods cut, printed or otherwise processed by the customer which are clearly defective will not be taken back and no replacement or discount will be granted for them.

 

Any warranty claims are to be asserted in court within 6 months of handover, otherwise they are excluded. As far as warranty claims exist, we can choose to improve or exchange or issue a credit note. We reserve the right to carry out the improvement or replacement under warranty to a location other than the place of performance. All transport or travel costs associated with the dispatch or repair of the goods must be borne by the customer or reimbursed to us.

 

Recourse claims according to § 933 b ABGB are excluded.

Insofar as warranty claims do not or no longer exist in accordance with the above provisions, any claims for damages by the buyer are also excluded.

The right of the buyer to request a rescission or adjustment of the contract due to error is excluded.

 

Claims for damages against us are excluded unless we are responsible for intent or gross negligence. Any claims for damages against us are to be asserted in court within 6 months of delivery of the goods, otherwise they are excluded, and are limited to the amount of the value of the delivery with which they are related. We assume no liability for technical advice or failure to provide it when processing the goods.

 

10. PRIVACY STATEMENT

The data is processed under the conditions set out in the  Privacy Policy . You can access these on the website. By using the website and the web shop, you expressly agree to the data processing in accordance with the  Privacy Policy .

 

11. CHANGES TO THE TERMS OF USE AND SALE

We reserve the right to make changes to our website, policies, terms and conditions including these Terms and Conditions at any time. The terms of sale, contract terms and general terms and conditions in force at the time of your order shall apply to your order, unless a change to these terms is required by law or official order. In this case, the new provisions will also apply to orders that you have previously placed.

 

12. NO WAIVER

If you breach these Terms of Sale and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.

 

13. FINAL PROVISIONS

These GTC and all contracts concluded on their basis are subject to Austrian law. The application of international conflict of law rules and the UN Sales Convention is excluded. Exclusive place of jurisdiction is Vienna, Inner City, Austria. However, we reserve the right to sue the buyer at his general place of jurisdiction.

These GTC and all contracts concluded on their basis can only be changed or supplemented in writing. Should a provision of the General Terms and Conditions be or become invalid and/or incomplete, a legally valid provision that comes as close as possible in terms of its economic effects shall take the place of the provision that has become ineffective. If individual provisions of these GTC are not in accordance with mandatory statutory provisions, this does not affect the remaining provisions of these GTC.

 

 

Aug 2022

Europapier Austria GmbH,

Based in Vienna, FN 257082m HG Vienna