General Terms and Conditions (GTC)
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§ 1. General
1.1. These “General Terms and Conditions” shall apply exclusively to all transactions between the customer (hereinafter referred to as “Customer”) and SCHORM Gesellschaft mbH., Thurnsdorfer Strasse 50, 4300 St. Valentin (hereinafter referred to as “SCHORM”).
1.2. Any conflicting terms and conditions of the Customer shall only be valid if expressly accepted by SCHORM in writing. Any agreements deviating from or supplementing these “General Terms and Conditions” must be made in writing.
1.3. Should any provision of these “General Terms and Conditions” be invalid, this shall not affect the validity of the remaining provisions or contracts concluded on their basis. The invalid provision shall be replaced by a valid provision that most closely reflects its intended purpose.
1.4. The Customer acts as a consumer if they purchase goods primarily for private purposes (§ 1 KSchG). If the Customer enters into transactions as part of their business operations, they are considered an entrepreneur under § 1 KSchG and § 1 UGB.
1.5. Unforeseeable events beyond SCHORM’s control (e.g. strikes, lockouts, accidents, operational disruptions, supply shortages, production failures, etc.) entitle SCHORM to withdraw from the contract, excluding any claims for damages by the Customer.
1.6. At the latest upon acceptance of the goods or approval of finishing, these terms and conditions are deemed accepted.
1.7. These terms shall also apply if they conflict with the Customer’s terms. The Customer’s general terms shall not become part of the contract.
§ 2. Conclusion of Contract
2.1. Upon request, the Customer will receive an offer (delivery data, etc.). The contract is concluded upon the Customer’s subsequent written order confirmation.
2.2. SCHORM reserves the right to make changes to general product information provided electronically or otherwise (e.g. form, color, and use).
2.3. Orders may be placed by telephone, fax, or in writing. A contract is only concluded upon our written or text-based order confirmation (letter, fax, or email). Offers are non-binding until confirmed in one of the aforementioned forms.
2.4. Order confirmations are sent automatically and do not constitute acceptance of the purchase offer. The contract is only concluded upon our separate order confirmation by email or delivery of the goods.
§ 3. Offer and Production Documents
3.1. Information about goods or services (e.g. weights, dimensions, usability, load capacity, tolerances, technical data) and representations (e.g. drawings, images) are approximate unless exact conformity is required for the contractual purpose. They are not guaranteed characteristics but descriptions. Standard deviations and those due to legal requirements or technical improvements are permissible.
3.2. We retain ownership and copyright of all documents, offers, drawings, calculations, models, tools, etc., even if partially or fully paid for by the Customer. These may not be disclosed, used, or reproduced without our consent and must be returned or destroyed upon request.
3.3. If products are manufactured based on Customer specifications, the Customer is responsible for ensuring no third-party rights are infringed and shall indemnify SCHORM.
§ 4. Printing
4.1. All print orders are executed based solely on print/logo data provided by the Customer in the specified formats.
4.2. The Customer must carefully check all data before submission. SCHORM does not check spelling or layout.
4.3. Faulty data will be reported. The Customer must provide corrected data, allow editing, proceed at own risk, or cancel the order at cost.
4.4. The Customer bears all risks arising from faulty print data. Conversion errors (if requested formats differ) are also at the Customer’s expense.
4.5. Additional costs caused by faulty data are borne by the Customer.
4.6. Vector files (EPS) must be provided. Any modifications by SCHORM are additional services. All rights and responsibilities for data remain with the Customer.
4.7. SCHORM assumes no liability for copyright infringements in provided materials. The Customer indemnifies SCHORM.
4.8. Print proofs must be checked carefully. Undetected errors cannot be claimed later.
4.9. Minor deviations between preview and final product are possible and not grounds for claims. Only the final approved PDF is binding.
4.10. Printing process: pad printing (max. 4 colors). Minor distortions may occur.
4.11. Approval must be returned within 24 hours.
4.12. Email approval is binding.
4.13. A deviation of up to ±3% in production quantity is allowed.
4.14. Printing plates remain SCHORM property and are stored for 3 years.
§ 5. Prices and Payment Terms
5.1. Prices in the order confirmation are binding and usually exclude shipping and VAT.
5.2. Prices are in EURO excluding taxes unless stated otherwise.
5.3. VAT-free invoicing is possible for foreign customers with VAT ID.
5.4. New price lists replace old ones. Market-based changes may occur.
5.5. Advance payments may be required.
5.6. Failure to pay allows SCHORM to withhold delivery or withdraw.
5.7. Invoices must be paid immediately without deduction.
5.8. Payment is due within 2 weeks unless otherwise agreed.
5.9. All claims become due immediately if payment terms are violated.
5.10. Claims may be assigned to third parties.
5.11. Default interest and collection costs are borne by the Customer.
§ 6. Delivery and Shipping
6.1. Delivery times are non-binding unless agreed otherwise.
6.2. Delivery is made to the Customer’s address.
6.3. Delivery periods must be confirmed in writing.
6.4. Delivery dates are non-binding unless explicitly guaranteed.
6.5. Fixed delivery dates must be agreed in writing.
6.6. Delays will be communicated.
6.7. The Customer may withdraw after a reasonable grace period.
6.8. Signing delivery documents confirms completeness.
6.9. Risk transfers upon handover to the carrier.
6.10. Partial deliveries are allowed.
6.11. Storage costs apply after transfer of risk.
6.12. Final costs are shown before order completion.
6.13. Import/export duties are borne by the Customer.
6.14. Goods remain property of SCHORM until fully paid.
6.15. Advance payment is generally required.
§ 7. Sale of Goods
7.1. Ownership remains with SCHORM until all claims are settled.
7.2. Defects must be reported within 7 days.
7.3. Withdrawal is only available to consumers within 14 days.
§ 8. Liability, Warranty, Defects
8.1. No liability for unforeseeable events.
8.2. No liability for minor negligence (except essential obligations).
8.3. Exceptions apply for personal injury.
8.4. Applies to employees and agents.
8.5. No liability for IP infringements from Customer materials.
8.6.–8.8. Minor deviations (color, print, tolerances) are not defects.
8.9. Dishwasher suitability varies.
8.10. Products are standard plastics and have usage limitations.
8.11. Intended use is as drinking vessels only.
8.12. Remedy is repair or replacement first.
8.13. No liability for printing on third-party goods.
8.14. Advice is non-binding and without liability.
8.15.–8.16. Liability is limited to foreseeable damages.
8.17.–8.18. Custom orders have longer delivery times and no return rights.
8.19. Complaint period: 14 days for businesses.
8.20. Liability only for intent or gross negligence.
8.21. No liability for force majeure.
§ 9. Assignment and Retention of Title
9.1. SCHORM may assign claims to third parties.
9.2. Goods remain property of SCHORM until paid in full.
§ 10. Final Provisions
10.1. SCHORM may store and share data under data protection law.
10.2. Jurisdiction: St. Pölten / Amstetten.
10.3. Austrian law applies (excluding CISG).
Notes
- Calendar days = Monday–Sunday incl. public holidays
- Working days = Monday–Friday excl. public holidays
RIGHT OF WITHDRAWAL (Consumers)
You have the right to withdraw within 14 days without giving reasons.
The withdrawal period begins upon receipt of goods.
To exercise your right, contact:
Schorm Gesellschaft m.b.H.
Thurnsdorfer Strasse 50
A-4300 St. Valentin
Fax: +43-7435-5356420
Email: office@schorm.at
You must send a clear declaration (letter, fax, or email).
Exclusion of Withdrawal
No right of withdrawal applies to custom-made or personalized goods (§ 18 FAGG).
Consequences of Withdrawal
- Full refund within 14 days (including standard delivery costs)
- Refund via bank transfer (IBAN required)
- Refund may be withheld until goods are returned
- Customer bears return shipping costs
- Customer liable for value loss due to improper handling
Withdrawal Form (Consumers)
(Complete and return in the format below if you wish to withdraw)
To:
Schorm Gesellschaft m.b.H.
Thurnsdorfer Strasse 50
A-4300 St. Valentin
I/We hereby withdraw from the contract for the purchase of the following goods/services:
- Ordered on / received on
- Name of consumer(s)
- Address
- Signature (if on paper)
- Date
(*) Delete as appropriate
