General Terms and Conditions of Business

The following GTC apply to B2B business relationships. The GTC for the soloDUE design online store can be found in the next section under “GTC for the soloDUE design online store”.

Recognition of the terms and conditions of delivery

1.1 These terms and conditions of delivery of the Supplier apply for all contracts concluded between the Customer and the Supplier regarding the sale, production and processing of goods. hey also apply for all future business relationships, even if they are not explicitly agreed. Deviating conditions of the Customer that the Supplier does not explicitly recognise are non-binding for the Supplier even if it does not explicitly refute them.

1.2 All offers not explicitly referred to as binding are subject to change. he Supplier reserves the right to make technical changes and changes in form, colour and/or material if this can be reasonably accepted.

1.3 Orders that are not signed by both contractual parties are not deemed to be concluded until they have been confirmed in writing by the Supplier. Supplements, amendments, side-agreements and verbal agreements are only valid when they are confirmed in writing by the Supplier.
1.4 The information and illustrations contained in prospectuses and catalogues are approximate values usual in the industry unless we have explicitly described them as binding.

2. Delivery

2.1 The delivery time is only agreed approximately. It shall commence from the date on which the Supplier receives all information and releases from the Purchaser, if required, or from the date of the order confirmation. The delivery time is deemed to have been complied with when the goods have left the plant at the agreed point in time in full or in part or if it is impossible to dispatch them when the readiness for dispatch has been notified to the Customer. In the event of a delay in delivery, a suitable subsequent deadline is to be set. Partial deliveries must be recognised.

2.2 In the event of changes to the contract by the Customer that influence the delivery time, this can be extended appropriately. These changes may not delay the completion of the contract by more than three months.

2.3 Call-up goods are to be purchased within 12 months after order confirmation. The binding delivery volumes are to be notified in writing at least 2 months before the date of delivery.

2.4 If the Supplier is prevented from fulfilling its obligation due to the occurrence of unforeseeable exceptional events which it was unable to prevent despite the care reasonably expected according to the circumstances of the individual case –irrespective of whether the events occurred in the Supplier’s plant or that of its sub-contractor – in particular intervention by authorities, interruptions to operations, industrial action and the consequences of industrial action, delay in the delivery of important raw and auxiliary materials, the delivery period will be extended accordingly. If the delivery or performance becomes impossible due to the aforementioned events, the Supplier is released from its obligation without the Customer being able to withdraw from the contract or request compensation. If the aforementioned obstacles occur at the Customer’s premises, the same legal consequences also apply for its obligation to purchase. The contractual partners are obligated to notify the other party immediately in writing of obstacles of the aforementioned nature.

2.5 We reserve the right to make correct and timely delivery from own suppliers. This only applies if the non-delivery is due to reasons beyond our control and a congruent covering transaction has been concluded with our supplier. The Supplier will inform the Customer immediately about the non-timely availability of the object of delivery and if it wishes to withdraw from the contract will exercise the right of withdrawal immediately; in the event of withdrawal, the Supplier will reimburse the Customer immediately for any service in return that it has already received.
2.6 If the Supplier establishes after the contract has been concluded that it cannot produce or process the goods ordered for technical reasons, it can withdraw from the contract. The Supplier will inform the Customer immediately about the technical obstacles and exercise its right of withdrawal immediately; in the event of withdrawal, the Supplier will reimburse the Customer immediately for any service in return that it has already received. Pursuant to point 11 of these terms and conditions of delivery, compensation claims of the Customers are excluded or restricted.

3. Pricing

3.1 If, after the expiry of six months after the conclusion of the contract but before the delivery of the goods, a fundamental change in certain costs factors, in particular the costs for wages, primary material, energy or freight, occurs, the agreed price can be adjusted in accordance with the influence of the fundamental cost factors.

3.2 All prices are in EUR exclusive of statutory VAT and unless otherwise agreed with freight prepaid.

3.3 Proofs produced by the Supplier as well as production resources such as films, printing plates, tools, moulds remain the property of the Supplier and will not be surrendered even if the Customer has been invoiced for some of the production costs.

3.4 Each change in the text correction requires the production of new graphics and films. If the Customer makes a change compared to the order issued, the Supplier will invoice the resulting cost price without prior notification.

3.5 Within a tolerance of 10% of the overall order volume, production-related deliveries above or below the contractual volume are permitted. The total price changes in accordance with the volume.

3.6 If the Supplier permits the Customer to cancel an order that has already been issued, the Customer has to reimburse the costs of the concluded contract including any agent’s commission incurred and any loss of earnings on the part of the Supplier.

4. Terms and conditions of payment

4.1 Unless otherwise agreed, all invoices are to be paid within thirty days from date of invoice. In the case of payment within eight days, with full payment in advance or with cash on delivery, 2% discount will be granted if the Customer is not in arrears with the settlement of trade receivables.

4.2 The Customer is in arrears with payment after expiry of the deadline agreed in point 4.1. During the period in arrears, the Customer will incur interest of eight percentage points p.a. above the respective base interest rate on the outstanding amount. The Supplier reserves the right to claim demonstrably higher damage due to the arrears. Five Euros will be invoiced for each reminder. On award of contract, the Customer is obligated to provide precise information about the legal form and the statutory representation of its company. I If the information is incomplete or unclear, the Customer is obligated to bear the costs resulting from obtaining information from the commercial register and/or trade register, and to do so irrespective of the occurrence of the arrears.

4.3 If no satisfactory credit report is issued about the Customer with whom no business relationship has existed up to now, or if there are doubts regarding the Customer’s ability to pay or if the Supplier has already had to submit legal action for payment, the Supplier is entitled to demand full advance payment of the gross order value.

4.4 If a fundamental deterioration in the Customer’s financial situation occurs after the contract has been concluded, the Supplier can request advance payment within a suitable period of time and refuse performance until fulfilment. In both cases (4.4 and 4.5), the Supplier is entitled to withdraw from the contract in the event of refusal by the Customer or expiry of the deadline without results, and to demand compensation for non-fulfilment.

4.5 In the event of non-acceptance of the order, in particular in the case of failure to provide assistance, in the event of non-timely production approval of the text corrections after the expiry of the deadline, the Customer is obligated to provide compensation, irrespective of any further claims. 4.6 The Customer can only offset with receivables recognised by the Supplier or established in a court of law. The Customer is only entitled to a right of retention if its counterclaim is based on the same contractual relationship.

5. Shipment and transfer of risk

5.1 Unless otherwise agreed, we deliver “freight pre-paid”.

5.2 If delivery “ex works” is agreed, shipment costs and packaging will be invoiced at cost price.

5.3 The Supplier reserves the right to choose the method of shipment.

6. Breach of property rights

6.1 If property rights of third parties are breached in the production of the goods according to drawings, samples or other information from the Customer, the latter will fully indemnify the Supplier against all claims and hold it fully harmless.

6.2 Advertising: The Supplier is entitled to carry out advertising for its own purposes with the ordered products and in the process to make reference to the Customer’s name and logo.

7. Retention of title

7.1 The Supplier reserves ownership of the goods until complete fulfilment of all claims arising from the ongoing business relationship.

7.2 In the event of breaches of obligation by the Customer, in particular in the event of arrears in payment, the Supplier is also entitled even without the setting of a deadline to request the surrender of the goods and/or to withdraw from the contract; the Customer is obligated to surrender the goods. The request for surrender of the goods delivered does not constitute a declaration of withdrawal by the Supplier unless this is explicitly declared.

8. Proofs and samples

8.1 The Customer must ensure prompt approval independently. Approval must be given at the latest within 4 weeks after the submission of the proof.

8.2 With the approval of the submitted proofs or samples for approval by the Customer or through the Customer’s waiver of their submission, the Supplier’s liability for any errors expires.

8.3 Copyright for idea, presentation and drafts lies with the Supplier. No part of the product may be reproduced, processed, copied or disseminated in any way without the Supplier’s written consent.

9. Warranty and notice of defects

9.1 The condition of the goods is oriented solely to the quality ordered. The Customer assumes the risk of their aptitude for the envisaged designated purpose.

9.2 In the case of print and surface colours based on a template, sample or colour indication, we reserve the right to make insubstantial deviations in the colour shade.

9.3 Slight feathering in metal and plastic plates is for technical reasons and does not constitute a defect.

9.4 The Supplier produces according to DIN medium within measurement and print tolerances.

9.5 If the Customer has approved serial production based on a draft or template, the notification of such defects is excluded that the Customer could have detected if it had checked the draft or sample carefully.

9.6 If the goods have defects, the Supplier has the right to choose to eliminate the defect or to supply a product free of defects (subsequent delivery).

9.7 If the improvement or the delivery of a defect-free item fails, the Customer does not have any right of withdrawal in the event of only a slight contravention of contract, in particular if there are only slight defects.

9.8 The Customer is obligated to check the goods supplied immediately after receipt and to notify obvious defects immediately in writing; otherwise, the filing of claims due to defects in the goods is excluded. The timely dispatch is sufficient to comply with the deadline. The Customer bears the full burden of proof for all requirements for a claim, in particular for the defect itself, for the point in time when the defect is established and for the timeliness of the notification of defects.

9.9 If the Customer demands the rescission of the contract due to a defect after failed improvement or subsequent delivery of a defect-free product, it is not entitled to any further claim for compensation due to the defect.

9.10 Warranty claims and claims for compensation expire 12 months after the goods have been delivered.

9.11 The Customer undertakes to notify the Supplier of any defect or claim immediately in writing and in such detail that it is easily possible for the Supplier to assist the Customer in eliminating the defect.

9.12 Returns of goods are only permissible after prior agreement.

10. Entrepreneurial recourse by the Customer

If claims are filed against the Supplier by the Customer by means of recourse and if the Supplier for its part is entitled to file claims against its own supplier, the Supplier already assigns these claims now to the Customer. The Customer undertakes to first file the assigned claim against the subcontractor until a legally valid decision has been taken in a court of law. Claims can only be filed against the Supplier if the claim is not enforceable or executable against the subcontractor. During the enforcement of the assigned claim of the Customer against the subcontractor, the limitation of the Customer’s claim against the Supplier is blocked.

11. Liability

11.1 The Supplier is not liable for slightly negligent breach of fundamental contractual obligations. In the case of slightly negligent breach of fundamental contractual obligations, the Supplier’s liability is restricted to compensation of the positive damage.

11.2 At any rate, the compensation of lost earnings is excluded unless the Supplier has caused the breach of contract with wilful intent or gross negligence.

12. Place of performance, place of jurisdiction and applicable law

12.1 The place of performance for all obligations arising from the contractual relationship is the Supplier’s registered office in 4400 Steyr – St. Ulrich. The local jurisdiction of the material responsible court in 4400 Steyr, Austria, is agreed for all legal disputes.

12.2 The contractual relationship is governed solely by Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

12.3 If individual provisions of these general terms and conditions of delivery should be or become legally invalid for any reasons, this will not affect the validity of the remaining provisions.

General terms and conditions for the soloDUE design online store

Scope of application

1.1 The following General Terms and Conditions apply exclusively to the business relationship between soloDUE and the customer, regardless of the means of communication used.

1.2 The customer acknowledges the exclusive validity of soloDUE design’s GTC for the entire business relationship. soloDUE design does not recognize deviating terms and conditions of the customer unless the management of soloDUE design has expressly agreed to their validity in writing. If the customer enters into a business relationship with soloDUE design by using the website, the customer recognizes the GTC as the basis for the entire business relationship between the customer and soloDUE design.

2 Conclusion of contract and withdrawal

2.1 Order process, order correction and order cancellation
Once you have selected the desired product, you can add it to your shopping cart without obligation by clicking the “Add to cart” button. You can view the contents of the shopping cart at any time without obligation by clicking on the “Shopping cart” button. You can remove the products from the shopping cart at any time by clicking on the “x” button. If you want to buy the products in your shopping cart, click the “Checkout” button. Please enter your data. After entering your details and selecting the type of payment and delivery, you will be taken to the order page where you can check your entries again. By clicking on the “Buy now” button, you complete the order process. You can correct the entries by pressing the “Back arrow” of the browser. The order process can be canceled at any time by closing the browser.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Buy now” button, you place a binding order for the goods in your shopping cart. Confirmation of receipt of the order follows immediately after the order is sent by an automated e-mail and does not yet constitute acceptance of the contract. The contract is only accepted when you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within two days.

2.2 You have the option of concluding the purchase contract in German or English. The ordering and business language is also either German or English. We save the text of the contract and send you the order data by e-mail.

2.3 If we are able to accept the offer or if certain products in the order are no longer available, you will be informed immediately.
2.4 In the event of typographical, printing and calculation errors on the website, soloDUE design is entitled to withdraw from the contract.
2.5 All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw from the contract. In this case, you will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (Saturday does not count as a working day) or offset against other goods on request. We may withhold the refund until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is the earliest.
2.6 The information on the requirements and consequences of the right of withdrawal are listed in the following withdrawal policy:

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within 21 days without giving any reason. The statutory withdrawal period is 21 days from the day on which you or a third party who is not the carrier took possession of the goods or, in the case of partial deliveries, the last goods.

In addition to the statutory right of withdrawal of 21 days, we grant you a voluntarily extended right of withdrawal to a total of 21 days for items that are also subject to the statutory right of withdrawal.

To exercise the right to cancel, you must inform us (soloDUE design gmbH, Freisingweg 13a, A-4400 Steyr, office@solodue.at, Tel.: +43 (0) 7252 20820-20, Fax: +43 (0) 7252 20820-10) of your decision to cancel this contract by a clear statement (e.g. e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation
In the event of an effective revocation, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs if you have chosen a delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 21 days from the day on which we receive notification of your revocation of your contract. We may refuse to refund you until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is the earliest.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you any fees for this repayment.

Please return the goods to us immediately and in any case within 14 days at the latest from the day on which you informed us of the revocation of this contract:

soloDUE design gmbH
Dukartstraße 15
A-4400 Steyr

The deadline is met if you send the goods before the period of fourteen days has expired.

If you are unable to return or surrender to us the service received and use (e.g. benefits of use) or are only able to return or surrender it in part or in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store, for example.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection for determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.

Goods that can be sent by parcel post are to be returned at our risk. You bear the direct costs of the return shipment. In some countries, Blue Tomato covers the return costs if the order has reached a certain value.
The individual return conditions can be found in the corresponding detailed information on the information page.

The return of goods that cannot be sent as parcels must be borne by the customer. The costs may vary depending on the country of delivery.

3rd delivery

3.1 Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.

3.2 Delivery is carried out by different shipping service providers depending on the country. The individual delivery conditions and delivery costs may vary depending on the shipping service provider.

3.3 If delivery to the customer is not possible because the customer is not found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice or the delivery address was not correctly specified, the customer shall bear the costs for the unsuccessful delivery.

3.4 Delivery shall be ex warehouse, which is also the place of performance for the delivery. The risk is transferred to the customer when the goods are handed over to the customer.

3.5 soloDUE design is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle soloDUE design to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the unfulfilled part of the contract. Force majeure includes strikes, natural disasters, war, blockades, export and import bans and other sovereign interventions, regardless of whether they occur at soloDUE design or at a supplier of soloDUE design.

3.6 We must inform the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.

3.7 Deliveries will only be made to selected countries in Europe until this is extended by soloDUE design.

4 Due date and payment, default

4.1 All soloDUE design product prices are gross prices, include the statutory VAT of the respective country and are shown in the specified currency. The prices are valid at the time of the order including VAT, plus all expenses incurred with the shipment until further notice. soloDUE design will not be liable for any customs duties incurred when shipping to Switzerland. Settlement is made in euros. In some countries, exchange rate differences may occur if payment is made in a different currency. soloDUE design calculates with the exchange rates of the European Central Bank.

4.2 The purchase price is due immediately with the order.

4.3 The customer can pay the purchase price by credit card regardless of his country. The payment method Sofortüberweisung is only available in certain countries.

4.4 If you as a customer are in default of payment, soloDUE design is entitled to charge interest on arrears at a rate of 5% above the base interest rate per annum announced by the Austrian National Bank. If soloDUE design has incurred higher damages due to the delay, soloDUE design is entitled to claim these.

5. performance

5.1 Unless otherwise agreed, the service shall be performed at the location specified by soloDUE design, alternatively at the registered office of soloDUE design.

5.2 soloDUE design is not responsible for delays in performance due to force majeure. Events of force majeure entitle soloDUE design to postpone the service for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the unfulfilled part of the contract. Force majeure includes strikes, natural disasters, war, blockades, epidemics and other sovereign interventions.

5.3 soloDUE design will notify the customer of the occurrence of such force majeure events.

6 Offsetting, retention

6.1 The customer is only entitled to offset if their counterclaims have been legally established or recognized by soloDUE design. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

7. Retention of title

7.1 soloDUE design retains ownership of the goods until all claims arising from the current business relationship have been met in full.

7.2 You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us or if we are unable to pay. In addition, you only have a right of retention if your counterclaim is based on the same contractual relationship.

7.3 If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.

8. warranty

8.1 The warranty period shall be in accordance with the statutory provisions. This period is 2 years and begins from the date of receipt of the goods.

8.2 Claims against soloDUE design arising from any manufacturer’s guarantee that goes beyond warranty claims are excluded, insofar as this is legally permissible. The customer is only entitled to claims under a manufacturer’s warranty against the manufacturer who has provided the warranty.

8.3 If there is a defect in the purchased item for which soloDUE design is responsible, soloDUE design is entitled, at its own discretion, to remedy the defect or make a replacement delivery. If soloDUE design is not prepared or not in a position to rectify the defect/replacement delivery or if this is delayed beyond a reasonable period for reasons for which soloDUE design is responsible, or if the rectification of the defect/replacement delivery fails in any other way, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

8.4 If a warranty claim arises for a product purchased in the online store, the customer can return the goods to the contact address provided. If it turns out that there is no defect covered by the warranty, soloDUE design will charge the customer for the costs incurred.

8.5 Compensation for (consequential) damages, as well as other material damages, financial losses and damages to third parties against the customer, unless it is a consumer transaction, is excluded.

9. liability

9.1 Further claims by the customer against soloDUE design other than the warranty claims regulated in § 7, in particular claims for damages, are excluded to the extent permitted by law. soloDUE design is therefore not liable for damage that has not occurred directly to the delivery item itself and in particular not for loss of profit or other financial losses suffered by the customer. Insofar as soloDUE design’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

9.2 The limitation of liability from § 8 para. 1 does not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved.

9.3 soloDUE design is not liable for ensuring that the services offered by its website are accessible without interruption or that stored data is preserved.

10. links and references

10.1 The links set by soloDUE design to external sites are only signposts to these sites; they are therefore displayed in separate browser windows by means of external links. Blue Tomato does not identify with the content of the linked pages and accepts no liability for them.

11. duty to inform

11.1 The customer is obliged to provide truthful information when placing an order. If the customer’s data changes, in particular name, address, e-mail address, telephone number, the customer is obliged to inform soloDUE design of this change immediately by changing the details. If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, soloDUE design may withdraw from the contract if a contract has been concluded.

12 Place of jurisdiction and applicable law

12.1 Austrian law shall apply.

12.2 All legal transactions between soloDUE design and the customer shall be governed exclusively by Austrian law, to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods, insofar as there are no mandatory statutory provisions to the contrary.
12.3 For consumers within the meaning of Art. 5 of the Rome Convention, their national mandatory consumer protection provisions shall apply, unless the respective Austrian provisions are more favorable for the consumer.
12.4 If the customer does not have a general place of jurisdiction in Austria, moves his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence is unknown at the time the action is filed, Steyr shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
12.5 If the customer is domiciled or habitually resident in Germany or is employed in Germany, a claim against the customer pursuant to Sections 88, 89, 93 para. 2 and 104 para.1 JN only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer’s place of residence shall also apply to the contractual relationship.

13. data protection

13.1 All data collected by us is used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection provisions.

14. severability clause

14.1 If individual provisions of this contract become invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and valid provisions whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.