General
Goods, services and offers are subject to the terms and conditions.
Contradicting or deviating terms and conditions of the customer
are only accepted only if we have agreed to such in writing. The
acceptance, however, only applies for each individually concluded
business transaction. Our terms and conditions shall be regarded
as irrevocable framework agreement for all subsequent legal transactions
between the parties. Contract completion acts by us are not considered
an acceptance of the conditions that deviate from our terms and
conditions. We retain the right to alter these terms and conditions
at any time.
Offers
- prices - the conclusion of the contract
Our offers and prices are non-binding and subject to change and
do not include value added tax. For delivery within the EU, the
value added tax will be omitted if the parties have provided the
appropriate UID number prior to the transaction. Delivery to the
customers address constitutes fulfillment of the contract.
All stated goods, services, prices and shipping costs are valid
until further notice. Special requests require a written confirmation.
If proposals are submitted with us, they shall be binding to the
proposing party until 14 days upon receipt. The invoicing of all
business transactions is always conducted in Euros.
Delivery
- Delivery Time - Claims
Please refer to our homepage for the current transportation costs
within Europe. We charge our customers no additional costs for order
processing, packaging and delivery of sales tools. The delivery
time for items in-stock is usually 2-6 business days, however, in
any case within the statutory delivery time of 30 days upon ordering.
For custom orders the delivery period may vary. We are authorized
to exceed the delivery date by up to 8 days. Only after this period
is the customer authorized to withdraw from the contract after setting
a reasonable grace period. Shipping is at the customer's risk. Delivery
delays due to force majeure or unforeseen circumstances that are
not under our control, and which prevent a timely delivery, do not
release the customer from the responsibility to accept delivery.
Damage during transport shall be reported to us without delay within
24 hours via e-mail or fax. Such report shall include a detailed
description of the damage. Should we agree in writing to a retrieval,
the goods (sales tools) must be packaged in a transportation-safe
container wrapped appropriately, secured with string (glue), and
immediately made available for retrieval. We will make the arrangements
for return shipping for any damaged goods or sales tools. Shipping
and returns within Europe are done with DHL. We insure each package
against damage or loss during shipping with an amount of up to 500
Euros.
Sales
Tools
We provide our customers throughout Europe with location-specific
sales tools at no additional cost for the duration of the contract.
The customer is responsible for safe storage of the sales tools
and is liable for costs associated with damage or loss up to the
original costs shown on the delivery receipt. We shall not be liable
for damages of any nature due to improper positioning of our sales
assistance by the business partner or for subsequent damage involving
his customers.
Payment
terms Interest for default
The customer may choose the form of payment from the following methods:
cash, bank transfer, cash advance, COD or bank guarantee. Payment
of the purchase price stated on the invoice is due as shown on the
invoice. Customers payments are only considered are received
on the day upon which the funds are deposited in our business account.
For late payments, we have the option to require reimbursement of
the actual accrued damages or to charge interest to our bill. After
three unsuccessful attempts to collect, we may refer the matter
to our lawyers, the costs of which are borne by the customer.
Withdrawal
from Contract
A delay in acceptance or payment by the customer entitles us to
withdraw from the contract, if the terms of the contract have not
yet been fulfilled by both parties.
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In the event of cancellation through the fault of
the customer, we are entitled to compensation of damages. Upon late
payment by the customer, we are released from all subsequent obligations
for shipping and delivery, and retain the right to withhold outstanding
shipments or services, to require advance payment or, as the case
may be indemnification, or, after a reasonable grace period, to
withdraw from the contract. Should the customer, without authorization,
seek to withdraw from or cancel the contract, we have the option
to enforce the contract or to agree to its cancellation. In the
latter case, the customer is obligated to pay for damages in form
of a flat fee of twenty percent of the gross invoice amount plus
any costs, expenses, etc. In conjunction with custom-made orders,
made to customers specifications, wishes, or instructions,
in the case of the customers withdrawal from the contract
for whatever reason, the customer shall be liable for actual incidental
damages up to the actual value of work completed, not to exceed
the contract value. Customer payments already made will be deducted
from the total amount.
Trademark
Rights - Copyright
The panorama postcard produced and distributed by our company, the
Postcard "Art Panorama", is protected by copyright throughout
the EU. This applies in particular to the unique and unusual design,
artistic layout and production, the details and exclusive upscale
processing. Postcard "Art Panorama" is thus clearly and
distinctly differentiated from all other panoramic postcards on
the market in Europe. All photos, images and motifs are protected
by copyright and may not be copied, reproduced or used in any way.
Any unlawful use without our explicit written consent will be prosecuted.
Photos, graphic designs, samples, catalogs, brochures, pictures
and the like as well as all associated user rights remain our intellectual
property at all times. User rights may however be acquired from
us. Inquiries should be addressed to: mapa@mapaverlag.at
Reservation
of Title - Enforcement
All goods will be delivered subject to reservation of ownership
and will remain our property until payment is made in full. The
enforcement of the reservation of title only results in a withdrawal
from the agreement if this is declared explicitly. For returned
goods, we are entitled to charge for accrued transportation and
handling expenses. If a third party comes into possession of the
titled goods, particularly in connection with seizures, the customer
is obligated to make note of our property and to inform us immediately.
The customer bears the entire risk for the advanced goods, in particular
for the risk of loss, safeguarding or loss in value.
Choice
of law - Jurisdiction
Austrian law has precedence. The applicability of the UN-purchase
right is explicitly excluded. The contract language is German. The
Parties agree to Austrian domestic jurisdiction. Jurisdiction for
all disputes arising from this contract shall rest with the competent
local court in the locality of our firms registration No other
agreements are recognized. Amendments must be made in writing. Verbal
commitments have no effect. Place of performance is the site of
our companys registration.
Privacy
Protection - Change of Address
Customer data will be used solely for the purpose of accounting
and contract fulfillment in compliance with the Privacy Act and
will not be disclosed to third parties. The customer gives his consent
for us to electronically store and process all personal data, even
data in the sales contract, during the fulfillment of this contract.
The customer will notify us of any changes in circumstances, ownership,
business owners, business address and e-mail address. Failing this,
all notices shall also be considered as delivered when they are
delivered to the last known business owner and last known address.
For inquiries regarding privacy protection, please contact: mapa@mapaverlag.at
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