I. SCOPE
(1) The deliveries, services and offers of the contractor WONNEREICH, Dr. Ulrike Rainer, Neustiftgasse 93, A-1070 Vienna, are made exclusively on the basis of these terms and conditions.
(2) Deviations from these terms and conditions are only effective if
if the contractor expressly confirms them in writing. Deviations may particularly affect products that are made available for download free of charge by WONNEREICH under Creative Commons or public domain licenses. The respective conditions are listed with the product and linked to the CC licensing.
For your legal certainty, in addition to the product number, the products bear the note “Public Domain” or the title of the corresponding Creative Commons license, such as “CC by 4.0”, which would mean attribution. Further information can be found in the respective product description.
(3) These terms and conditions remain binding even if
if individual parts are not effective for any reason.
(4) The WONNEREICH website can link to other providers as an affiliate partner. Other terms and conditions may apply there, for which WONNEREICH assumes no responsibility.
II.
PRICE OFFERS
(1) The prices stated in the contractor's offer are agreed as fixed prices in any case, unless significant changes to the order data occur. In this case, the contractor waits to start work until confirmation from the client.
(2) The contractor's prices do not include packaging and other shipping costs, unless otherwise stated. The shipping costs usually include packaging costs unless otherwise stated.
(3) Orders that deviate from the original offer, that is,
Custom-made products that go beyond the personalization in the forms only become binding once confirmed by the contractor. The prices for custom-made products are calculated based on effort and communicated to the client. The client can then decide whether to accept the offer or withdraw from the contract.
(4) The contractor assumes no liability or warranty for transmission errors. Transferred data must be checked immediately by the client for accuracy.
(5) The products are shown on the website. These illustrations may vary in details.
For technical reasons, for example, it is not possible to imitate printing colors 100% digitally. Any slight color variations therefore do not constitute a defect.
III. PAYMENT TERMS
(1) Orders for customizable products will only be processed after receipt of payment.
(2) You can pay via PayPal (even without a PayPal account with your credit card), by prepayment online or after receiving an invoice Pay in PDF format by bank transfer to the account specified on the invoice
.
(2 a) The shipping costs for your region can be seen in the shopping cart. By default, the system calculates shipping costs based on delivery address.
(2 b) For customers with billing address (not delivery address) outside the € currency area there is an additional bank fee per order (not per item) of € 10.- and will be shown on the invoice. This fee is waived when paying via PayPal.
The amount shown online in the shopping cart does not yet include this fee.
(3) The contract is only concluded upon receipt of payment.
III./A CANCELLATION
(1) You can withdraw from the purchase within the statutory period of 14 calendar days.
(2) The right of cancellation does not apply to the following contracts:
– Contracts for the delivery of goods,
which are not prefabricated and for whose production an individual selection or determination by the client is decisive or which are clearly tailored to the personal needs of the client.
– Digital products after they have been downloaded.
IV. DELIVERY CONDITIONS
(1) Agreed delivery times are generally only approximate dates, unless they have been expressly confirmed in writing as fixed dates.
(2) Deliveries are made to the delivery address specified by the client at the contractor's risk subcontractor.
(3) If required materials or goods are not available or force majeure prevents timely delivery, we will inform you immediately and communicate the new delivery deadline.
(4) If delivery is impossible or the new deadline cannot be met, we can we withdraw from the contract.
We will then immediately refund any payments already made.
(5) We can withdraw from the contract if a supplier cannot deliver on time through no fault of our own, if it is not just a short-term delivery disruption.
(6) We assume no liability for failures and/or delays in delivery due to force majeure or strikes at the printing company's production site or due to postal strikes.
V. TYPEGRAPHY AND PRINTING ERRORS, CORRECTIONS
(1) By entering the form into the form fields on the website, you release it for printing (=“declaration of readiness for printing”). Please check your information very carefully, as it will be printed the way you send it to us.
(2) Typesetting errors,
The fault of which lies with the contractor or the printer will be corrected free of charge.
VI. COMPLAINTS/WARRANTY
(1) The client must in all cases check the conformity with the contract of the goods delivered as well as the preliminary or intermediate products sent for correction. The risk of any errors is transferred to the client with the declaration of readiness for printing, provided that they are not errors.
which only arose in the manufacturing processes following the declaration of readiness for printing. The same applies to all other release declarations from the client for further production.
(2) Complaints (notices of defects) due to obvious defects must be reported to the contractor immediately after delivery,
no later than 7 days from receipt of the goods, otherwise no warranty claims can be made. The defect must be documented photographically (high resolution) and described precisely. If necessary, the goods must be returned.
(3) Unless otherwise agreed,
Claims for defects expire one year from delivery of the goods. Claims for damages or reimbursement of expenses due to a defect expire within the statutory limitation periods.
(4) The presumption regulation of § 924 ABGB is excluded. The existence of the defect at the time of handover must be proven by the client.
This may require high-resolution photos, a precise description of the defect and/or the return of the goods.
(5) In the event of justified complaints, the contractor is obliged, at his discretion, to make improvements and deliver replacements, excluding other claims, up to the amount of the order value. In case of delayed
, omission or failure of repair or replacement delivery, the client can demand a reduction in the remuneration or withdraw from the contract.
(6) The contractor's liability for consequential damage caused by defects only exists in the event of intentional or grossly negligent causation.
(7) If the order relates to contract finishing work or the further processing of printed products, the contractor is not liable for the resulting impairment of the product to be refined or further processed, unless the damage was caused intentionally or through gross negligence.
(8) In the case of partial delivery, these regulations apply to the delivered part. Defects in part of the delivered goods do not give rise to a complaint about the entire delivery.
(9) In the case of colored reproductions in all printing processes, minor deviations from the original or digital cannot be objected to.
(10) If the client is presented as a correctable intermediate product of a digital standardized, certified and calibrated proof for declaration of readiness for printing, it is expressly pointed out that the end product may contain color deviations that are caused by the different manufacturing processes.
If a binding template is desired, a chargeable proof would also have to be created on certified printing material.
(11) The contractor is under no circumstances liable for damage caused by inadequate storage of the products on the part of the client.
VII. LIABILITY
(1) The contractor is only liable for damage caused by intentional or grossly negligent actions. In the event of a culpable violation of essential contractual obligations, liability is only for contract-typical, foreseeable damages.
(2) The same principles apply to the liability of the vicarious agents.
and the contractor's assistants.
(3) Claims for damages expire within 12 months.
(4) The contractor is not liable for wear and tear.
VIII. MATERIALS AND DATA PROVIDED
(1) The client is liable for the accuracy of the data provided, particularly form entries on the website. The contractor assumes no liability for the resulting product.
(2) Templates used by the client for the order (e.g.
Computer printouts, digital proofs) are not binding. It is expressly pointed out that the end product may contain color deviations that are caused by the different manufacturing processes.
(3) For all analog order documents, such as manuscripts, drafts, templates, printing forms, slides, films,
The following applies to data carriers and other documents:
The contractor is liable for their safekeeping until a point in time that is 8 weeks after completion of the order. Furthermore, the contractor assumes no liability whatsoever for documents that are not requested back. The contractor is also not obliged to
to keep these documents and the items intended for reuse beyond the specified date.
IX. CONFIDENTIALITY
(1) The information and materials provided to the contractor by the client for the execution of the services under this contract are not considered confidential and do not have to be treated confidentially by the contractor unless:
The parties expressly agree otherwise in text form in individual cases.
(2) Data that is necessary to conclude the contract, in particular the delivery address, may be passed on by the contractor to the subcontractors (printing company, suppliers).
X. STORAGE AND ARCHIVING
(1) There is no obligation for the contractor to store printed products, work aids, intermediate products and printing devices (such as data that can be printed or exposed, films, montages, printing forms, printing cylinders, cutting forms, papers, etc .) to be stored after the order has been carried out,
unless a special agreement has been reached with the client; In this case, the client bears the costs and risks of storage.
XI. RIGHT OF PROPERTY
The business objects, work aids and intermediate products used by the contractor to produce the contractual product, in particular documents, data carriers, printing plates, lithographs, films, plates, materials, punches,
Stereos and galvanos and other aids (printing devices) required for the production process as well as the processed data / remain the property of the contractor and will not be delivered, even if the client has paid compensation for this work or they are invoiced separately.
There is also no release for use. This also applies to work aids (printing devices) and data that were produced by another company on behalf of the contractor obliged to deliver.
XII. COPYRIGHT
(1) Insofar as the contractor himself is the owner of the copyright and ancillary copyright rights to the delivered products or parts thereof, the client only acquires the non-exclusive right to distribute the delivered products upon delivery;
Otherwise, the rights of use, in particular the right of reproduction, remain unaffected in the hands of the contractor. The contractor has the exclusive right to use the means of reproduction (typesetting, processed data, data carriers, films, reproductions, etc.) and printed products (flags, rough prints, etc.) produced by him.
) to use for the production of copies. He is not obliged to release such reproduction media, not even for purposes of use.
(2) The contractor is entitled to assume that the client is entitled to all those rights towards third parties that are necessary for the execution of the order.
The client expressly assures that he has these rights.
(3) If the client provides fonts or application software in order to be able to further process the data supplied by him, the client assures the contractor that he is entitled to this limited transfer of use.
The contractor assures the client that he will only use these fonts or application software to process the specific order.
(4) The client is obliged to indemnify the contractor against all claims made by third parties due to copyright infringements, ancillary copyrights,
other industrial property rights or personal rights are held harmless.
(5) If the products are made available on the website as a download, unless otherwise agreed, the exclusive use of products created from the files also applies for private purposes .
XIII. RETENTION OF TITLE
The goods remain the property of the contractor until all claims of the contractor against the client that exist as of the invoice date have been paid in full.
XIV. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION, DISPUTE ARBITRATION
(1) Austrian law applies to the contractual relationship. The contract language is German.
(2) Place of performance for delivery and payment and place of jurisdiction for legal disputes regarding all contractual relationships that relate to this delivery agreement.
and payment conditions, is the registered office of the contractor.
(3) Any ineffectiveness of one or more provisions will not affect the effectiveness of the remaining provisions.
(4) The European Commission provides a platform for online dispute resolution (OS ) which you can find here http://ec.europa.
eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
XV. ORDER AGREEMENT
All order agreements, including subsequent changes, additions, etc., must be in writing, including in the form of emails, to be valid.
Data Protection
The data we have received from you will only be passed on to subcontractors (in particular the printing company or delivery company) if and to the extent that this is necessary for the proper fulfillment of the order.
Furthermore, no data is exchanged with other companies.
You can also submit an order without a customer account. You can correct or delete the data you entered to create a customer account at any time. Your customer account is password protected, which means that strangers do not have access to the account or data.
Analysis tools
This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed.
The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website,
to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties,
if required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, we would like to point out that
that in this case you may not be able to fully use all functions of this website.
By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above. The collection and storage of data can be objected to at any time with effect for the future. In view of the discussion about the use of analysis tools with full IP addresses, we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()” and therefore IP addresses are only processed in shortened form in order to exclude any direct personal reference.
Cancellation
Information on exercising the right of withdrawal
For personalized products, the right of withdrawal (= right of cancellation) only exists as long as you have not yet paid. We begin work (service) as soon as we have confirmed payment, which may be before the withdrawal period has expired. Due to the nature of digital goods, there is no right of withdrawal for downloaded products once downloaded.
For goods that do not fall into this category:
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must contact us
Wonnereich, Dr. Ulrike Rainer, Neustiftgasse 93 / 47, A-1070 Vienna, 0043 (0) 664 497 49 17, office[at]wonnereich.com
inform of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have), must be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
Send the goods back to us immediately, at the latest within 14 days of submitting the declaration of withdrawal. It is sufficient if the goods are dispatched within the relevant deadline. We cannot reimburse the return shipping costs.
Cancellation form
– To
Wonnereich Dr. Ulrike Rainer, Neustiftgasse 93 / 47, A-1070 Vienna, office [at] wonnereich.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only for paper notification)
-Date
(*) Delete what is not applicable.
