Terms and Conditions (GTC)
These general terms and conditions apply to all contracts that Ing. Thomas Gorisek concludes with customers for the production and / or delivery of prints (proofs, art and poster prints).
General terms and conditions of customers do not become part of the contract even if the customer refers to them and Ing. Thomas Gorisek does not expressly object to their inclusion.
Subject of the contract
The subject of the service offered by Ing.Thomas Gorisek is the production of (possibly framed) prints in formats and on paper of the customer's choice. The basis is image data provided by the customer himself via certain websites (www.farbpraxis.com, www.farbpraxis.at).
The prices include sales tax and all other duties and surcharges (gross prices).
Any delivery costs (packaging costs, transport fees, ...) are calculated in the course of the ordering process according to the size and weight of the goods and the applicable post office or courier service tariff and communicated to the customer.
The ordered goods will be delivered - with the exception of the case of taking away or collection - at the risk and expense of the customer by post or by a courier service to the delivery address specified by the customer.
In principle, Thomas Gorisek executes orders immediately. If the prompt execution of an order encounters an unforeseen or inevitable obstacle for special reasons, the delivery period can in individual cases exceed thirty days.
Complaints - with the exception of consumer transactions - will only be considered within eight days of delivery; the customer must provide the number and date of the invoice.
Access data (user IDs and passwords) provided by Ing.Thomas Gorisek must be kept secret and, in particular, may not be passed on to third parties. The customer must immediately report any suspicion of unauthorized use of his access to Ing. Thomas Gorisek; He is liable for all damage caused by insufficient secrecy of the access data or by passing them on to third parties.
Warranty and Indemnification
The customer guarantees that no copyrights and / or ancillary copyrights of third parties are violated by the use of the image data provided by him in accordance with the order.
Should Ing.Thomas Gorisek nevertheless be sued by a third party in connection with the use of image data provided by the customer due to alleged or actual infringement of copyrights and / or ancillary copyrights, the customer would hold him harmless.
The following payment methods are available at the customer's choice: credit card (MasterCard or VISA), PayPal and paysafecard.
Invoices issued by Ing.Thomas Gorisek are to be paid within eight days free of charge for the recipient, without any discount, by transferring to the specified account.
In the event of default with only part of the invoice amount, default interest of 9% is payable. In addition, the defaulting customer is obliged to reimburse the costs necessary for appropriate legal prosecution.
Retention of title
The transfer of ownership of the delivered goods is subject to the condition precedent of full payment of the invoice amount (price plus any delivery costs).
If a third party accesses goods that are subject to retention of title in the course of execution or insolvency proceedings, the customer must first notify Ing.Thomas Gorisek immediately and secondly make the third party aware of the ownership structure.
Privacy and advertising
Ing.Thomas Gorisek will not pass on customer data, including image data received from the customer, to third parties.
The customer consents to Ing. Thomas Gorisek using the name and address (including the email address) of the customer for advertising purposes and sending the customer electronic mail for advertising purposes; the customer can revoke this consent at any time.
These general terms and conditions and all contracts concluded on the basis of them are subject to Austrian law to the exclusion of the reference standards and the United Nations Convention on Contracts for the International Sale of Goods (Federal Law Gazette 1988/175).
The place of performance is Vienna.
These general terms and conditions and all contracts concluded on the basis of them can only be changed or supplemented in writing; this also applies to any deviation from the written form requirement.
For disputes arising from or in connection with these General Terms and Conditions and all contracts concluded on the basis of them - with the exception of consumer transactions - only those courts which exercise commercial jurisdiction for the first district of Vienna are responsible.