General Terms and Conditions of ebets GmbH

1. validity

1.1. For all legal relationships between the company ebets GmbH, Schildorf 16, 4720 Kallham and its contractual partners, insofar as they are entrepreneurs, are governed exclusively by these General Terms and Conditions. These also apply to all future business relationships, even if no express reference is made to them.

1.2. Collateral agreements, reservations, amendments or supplements to these General Terms and Conditions must be made in writing to be valid; this also applies to any deviation from the written form requirement.

1.3. Any terms and conditions of the contractual partner that conflict with or deviate from these terms and conditions shall only become effective, even if we are aware of them, if they are expressly recognized by us in writing.

1.4. Should individual provisions of these General Terms and Conditions – for whatever reason – be invalid or not become part of the contract, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

2. conclusion of contract

2.1. Our offers are subject to change.

2.2. A contract shall only come into effect upon our written (e-mail, fax, post) order confirmation.

3. scope of services, required characteristics, order processing and customer’s duty to cooperate

3.1. If we provide templates (in particular samples, specimens, models, illustrations, preliminary drafts, sketches, final artwork, brush prints, blueprints and color prints), these must be checked by the customer. If no objection is raised by the customer within three days, the templates shall be deemed approved.

3.2. For technical reasons, it is not possible to provide a faithful representation of the final performance as a template. Submissions are therefore only deemed to be warranties regarding the design, quality, characteristics, suitability for a specific use, etc. of the service owed by the dealer in accordance with this point; the dealer therefore makes no warranties with regard to and in particular does not provide any warranty for

• the exact placement and size of labels on products;
• an exact color match between templates and finished services, in particular a color difference of up to ΔE 3.0, ΔE 4.5 if the templates were only approved in electronic form, is not considered a defect;
• the technical properties, insofar as an average use to be expected according to the nature of the service is not significantly impaired by deviations;
• a specific material or material quality, provided the end product is approximately comparable to the original.

If the final performance therefore deviates from the original with regard to one or more of these properties, this deviation shall be deemed to have been agreed and shall not constitute a defect.

3.3. In the case of deliveries, deviations of up to +/-10% of the quantity shall be deemed agreed without excess or short deliveries constituting a defect or a breach of contract. However, the purchase price depends on the actual number of units delivered.

3.4. Where necessary, the customer shall be obliged to cooperate, in particular to provide all documents, templates and samples required for the provision of the service. We must be informed immediately of all circumstances of significance for the fulfillment of the order, even if these circumstances only become known during the execution of the order. Any expenses incurred as a result of incorrect, incomplete or subsequently amended information (additional costs, delays, etc.) shall be reimbursed by the customer.

3.5. In particular, the customer is obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any existing copyrights, trademark rights or other rights of third parties. We are not liable for any infringement of such rights. Should a claim be made against us due to such an infringement, the customer shall indemnify and hold us harmless.

3.6. However, we are not obliged to check the documents, data and information provided by the customer for completeness, accuracy or whether they are suitable for the intended purpose, either on their own or in connection with services commissioned by the customer, or whether they infringe the rights of third parties or violate statutory provisions (e.g. Unfair Competition Act, Product Safety Act, Trademark Protection Act, etc.).
3.7. Unless otherwise agreed, we are not obliged to store data and other documents (screens, films, etc.) created or generated in the course of an order/project beyond the time of delivery of our service or otherwise keep them available for the customer.

3.8. Our services are divisible in case of doubt.

4. refinement of the customer’s goods

4.1. If items are handed over to us for processing (“finishing”), we are entitled to carry out this processing ourselves or to use the services of third parties .

4.2. We shall only be liable to the customer for damage caused by such third parties to the extent of our own claims for compensation against the third parties.

4.3. Dispatch to and from such third parties shall generally be effected uninsured either by post, forwarding agent, rail or courier service, which the parties agree as the customary mode of dispatch. If the customer does not make any special stipulations regarding the transport company, the type of shipment or the conclusion of transport insurance, the transport by one of these types of shipment shall be deemed to have been approved by the customer and shall in any case be at the customer’s expense and risk.

4.4. Sections 44 to 49 of the Austrian Freight Forwarders’ Standard Terms and Conditions (AÖSp) apply to the storage of the customer’s goods; however, our liability for damages for storage is also limited to intent and gross negligence. In accordance with § 50 of the AÖSp, we acquire a right of lien and retention on all assets stored by the customer or other assets of the customer which are under our control.

4.5. We shall only be liable for damage to valuables handed over by the customer, i.e. items with a value of more than € 250.00, if the customer has expressly informed us of their value and we are at fault for the damage in terms of intent or blatant gross negligence. We shall not be liable if the value of these items has not been clarified.

5.  Prices / cost estimates

5.1. The prices are based on the costs at the time of the initial price offer. Should the costs increase at the time of delivery or performance, we shall be entitled to adjust the prices accordingly. In case of doubt, the prices quoted are unit prices. The statutory value added tax as well as taxes and fees (e.g. ARA, ERA, …) are charged additionally.

5.2. Our cost estimates are generally non-binding, unless expressly agreed to be binding.

5.3. All services that are not expressly covered by the agreed fee shall be invoiced separately. Expenses/cash outlays (e.g. for travel, accommodation, model or sample production, …) shall be reimbursed separately. Unless otherwise agreed, the creation of templates is not included in the price and will be charged at € 60.00 per working hour (excluding material costs).

5.4. The payment shall be due in full even if the contract is not fulfilled for reasons that are not within our sphere of responsibility.

5.5. Insofar as we are subject to the obligations of a contractor, the offsetting provision of § 1168 para. 1 2nd half-sentence ABGB as well as the assumption of risk rule of § 1168a 1st sentence ABGB are waived.

5.6. If fees, taxes, customs duties or other charges are levied in connection with the delivery, these shall be borne by the customer, as shall transportation and delivery costs, unless otherwise agreed.

6.  Dates / Delay

6.1. Agreements on deadlines and dates must be recorded or confirmed in writing. Deadlines generally apply to the dispatch (see point 7.4.) of services, not to their delivery to the customer.

6.2. Unless otherwise agreed, dispatch by us or third parties in Germany or abroad, which we use to fulfill the contract, shall take place within 6 months of the order confirmation, but if a print release or approval by the customer is required, from the time it is issued.

6.3. The customer can only assert any claims due to delayed delivery after has set a grace period of at least 14 days in writing, which begins at the earliest with the receipt of a reminder letter to us.

6.4. If the grace period expires without result, the customer may withdraw from the contract. An obligation to pay damages on the grounds of default shall only exist in the event of intent or blatant gross negligence on our part. We shall not be liable to pay interest on arrears.

6.5. Production and delivery obstacles for which we are not responsible (also with regard to third parties at home or abroad which we use to fulfill the contract) such as force majeure, strikes, operational or delivery disruptions, shortening and loss of working hours, transport difficulties and official interventions shall result in a reasonable extension of the shipping periods and dates. The same shall apply if the customer is in default with its obligations necessary for the execution of the order (e.g. provision of documents or information) or if other circumstances within the customer’s sphere of responsibility prevent compliance with deadlines. In this case, the agreed date shall be postponed at least to the extent of the delay, without prejudice to any right of withdrawal on our part in accordance with point 10.

7. delivery / transportation / collection

7.1. If the customer does not collect services himself during our business hours, deliveries shall be made ex works Kallham or to a third party in Austria or abroad which we use to perform our services, in any case at the risk and – unless otherwise agreed – at the expense of the customer (sale to destination). The risk shall also pass to the customer if we provide further services (e.g. assembly).

7.2. If shipment has been agreed at our expense, we shall only bear the costs of transportation which are incurred in accordance with § 33 of the AÖSp up to the point in time at which the carrier makes the goods available for acceptance in or on the means of transport (e.g. truck, swap body, …) in front of the consignee or, if possible, on the consignee’s premises. The removal of goods into yards, onto ramps, into rooms, shelves and the like shall in any case be at the customer’s expense.

7.3. As a rule, the goods shall be dispatched either by post, forwarding agent, rail or courier service, which the parties shall agree as customary modes of dispatch. If the customer does not make any special stipulations regarding the transport company or the type of shipment, transportation by one of these means of shipment shall be deemed to have been approved by the customer.

7.4. Unless expressly agreed otherwise, all deadlines and dates shall apply exclusively until the dispatch of services ex works (i.e. handover to the transport company) and we shall not provide our services as fixed transactions.

7.5. In any case, there is no obligation to use the cheapest means of transportation.

7.6. Partial deliveries are permitted.

7.7. Unless the customer expressly requests in the order or otherwise in writing within 3 days of order confirmation that transport insurance be taken out for his account , the goods shall be shipped uninsured at the customer’s risk.

7.8. If the service is ready for dispatch but dispatch is delayed for reasons outside our sphere of responsibility, the risk shall pass to the customer from the time the service is ready for dispatch and we shall be entitled to charge the customer 1% of the invoice amount for each commenced week of delay or the additional costs (interest, storage costs, …). If self-collection has been agreed, this shall also apply if the customer does not collect the service within three days of receipt of a request for collection or notification of readiness for collection.

8. terms of payment

8.1. Our invoices are due net cash without any deductions from the date of invoice and, unless otherwise agreed, are payable within ten calendar days of receipt of the invoice.

8.2. Invoicing is based on the actual number of units delivered. However, the remuneration shall also be due in full (namely in the amount of the agreed – possibly average – number of units) if the contract is not fulfilled in whole or in part for reasons that are not within our sphere of responsibility.

8.3. We are entitled, at our own discretion, to issue partial invoices and to demand advance payments.

8.4. Payments can only be made with debt-discharging effect to our account specified in the invoice. Incoming payments are first applied to costs, then to interest and finally to the capital.

8.5. Bills of exchange and checks are only accepted on the basis of express agreement, without obligation to present and protest and only on account of payment.

8.6. In the event of even merely objective default of payment, the customer shall pay default interest in the amount of 8% above the respective base interest rate of the European Central Bank, but at least 1 % per month. Any discounts, rebates or other benefits granted shall be deemed not to have been granted in the event of default in payment or if insolvency proceedings are opened against the customer. In the event of merely objective default, the customer undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal action.

8.7. The customer is not entitled to set off his own claims against our claims if these have not been recognized by us in writing or established by a court of law. The customer shall have no right of retention.

8.8. If insolvency proceedings are opened against the customer, if bankruptcy proceedings are not opened against the customer’s assets due to a lack of assets to cover the costs, if execution proceedings are initiated against the customer, if the customer’s financial circumstances deteriorate, if credit information about the customer is not completely unobjectionable or if the customer is in default of payment, we shall be entitled to demand immediate payment of all services and partial services rendered, including those rendered within the scope of other contracts concluded with the customer. Furthermore, in each of these cases we are entitled to make further deliveries already confirmed by him dependent on advance payment or security, even if such has not been agreed.

9.  Retention of title

9.1. We retain title to all physical items delivered until payment has been made in full.

9.2. We are entitled, after prior notice, to withdraw from the contract and to collect the reserved goods if the customer is in default with the fulfillment of his obligations, even if only objectively, or if circumstances arise which endanger our claims.

9.3. In the event of the resale of the reserved goods, it is agreed that the customer’s purchase price claim against third parties is simultaneously assigned to us to secure our contractual claims against the customer.

10. withdrawal from the contract/cancellation

10.1. In particular, we are entitled to withdraw from the contract if (i) the customer breaches a not merely insignificant contractual obligation and fails to remedy this breach despite a reminder and the setting of a reasonable grace period, whereby the repeated breach of even merely insignificant contractual obligations shall be deemed a material breach of contract, (ii) the service cannot be provided for reasons for which we are not responsible, (iii) the customer’s financial circumstances deteriorate significantly, (iv) insolvency proceedings are opened against the customer or are not opened due to a lack of assets to cover the costs, or (v) a force majeure event occurs which prevents us from providing the service.

10.2. The customer is entitled to withdraw from the contract if we grossly breach a material obligation. However, insofar as the contractual condition can be restored by us or an action can be made up for, the customer must grant us a period of at least 14 days to do so. This period shall commence at the earliest upon receipt of a reminder letter in which the customer specifies the breach of contract and expressly threatens to withdraw from the contract.

10.3. In the event of an unjustified withdrawal from the contract or cancellation of services, the customer shall reimburse us for all expenses already incurred and the resulting costs of at least 9% of the agreed remuneration, but at least € 50.00. However, we are also entitled, at our discretion, to pay the agreed remuneration instead in accordance with the provisions of the contract. § Section 1168 para. 1 1st half-sentence ABGB.

11. industrial property rights / data protection

11.1. Unless otherwise agreed in writing, we shall grant the customer a non-exclusive right of use (license to use the work) for the duration of the contractual relationship to all services, work results and creations in connection with the respective order, in particular to works within the meaning of the Copyright Act, such as in particular to all texts, graphics, images, layouts, ideas, concepts, plans, sketches, advertising material, films, drafts, designs, trademarks, etc.. The material and spatial scope of this right of use depends on the purpose of the individual order or the individual measure.

11.2. If we use the services of third parties, we shall ensure that appropriate agreements are concluded with these third parties so that it is ensured that we receive the rights of use to these services within the meaning of this section of the contract.

11.3. Changes to services, work results and creations, in particular to works within the meaning of copyright law, are only permitted with our consent or that of the author.

11.4. The customer shall not acquire any rights of use and exploitation until all invoices due have been paid in full. Until this point in time, the customer is only entitled to use the service upon revocation at any time. In the event of default of payment, we shall be entitled to demand the cessation of any use of services rendered.

11.5. The customer grants us the right to use and process all data collected and/or transmitted in the course of the business relationship, in particular for the creation of benchmarks. Reference is made to point 3.5.

11.6. Subject to written revocation by the customer, which is possible at any time, we are entitled to refer to the existing business relationship with the customer by name and company logo on our own advertising media and in particular on our Internet website.

12.  Templates and samples / Confidentiality / Contractual penalty

12.1. If we do not receive an order after creating templates/samples or if the customer or we withdraw from the contract, all our services, in particular the templates/samples and their content, shall remain our property; the customer shall not be entitled to continue using them in any form whatsoever; the templates/samples must be returned immediately. The passing on of templates/samples to third parties as well as their publication, reproduction, distribution or other utilization is not permitted without our express consent.

12.2. The customer is also prohibited from making any further use of the ideas and concepts submitted in templates, irrespective of whether the ideas and concepts are protected by copyright.

12.3. If the customer breaches the obligations under this point 12, he is obliged to pay a no-fault contractual penalty of € 3,000.00. Such a breach of contract shall be deemed proven if we present services, works or other creations of third parties or of the customer in which these ideas, concepts or templates have been used, or if we prove their existence; in such a case, the customer must prove that it has not breached the contract. We reserve the right to assert claims for damages in excess of the contractual penalty.

13. labeling / advertising / exclusivity

13.1. We are entitled to refer to our company and, if applicable, to the author on all advertising material and in all advertising measures, without the customer being entitled to any remuneration for this.

13.2. We are entitled to use images, sketches, descriptions, models, labels and other details of the services provided to customers for advertising purposes; for example, to include images in its advertising materials, offers or Internet presence.

13.3. Unless expressly agreed otherwise, customers only receive a non-exclusive right of use to property rights associated with our services and are therefore not entitled to exclusive use of our services.

14 Warranty / Duty to inspect / Contestation

14.1. Irrespective of the information provided to us by the customer in accordance with point 3.4, we do not provide any warranty for a particular quality, usability or usability of our services.

14.2. Point 3.2 shall apply to the stipulated or usually assumed properties of the services, in particular on the basis of templates within the meaning of point 3.1.

14.3. The warranty due to unsuitability of the dealer’s services for a specific use is expressly excluded.

14.4. Otherwise, the customer shall lose any claims arising from a defect (warranty, avoidance on account of mistake, compensation for damages, etc.) and shall be obliged to inspect the dealer’s performance immediately and thoroughly and to report any defects in writing without delay, but at the latest within 3 working days of delivery, giving a precise description of the defects and enclosing suitable evidence of the defectiveness.

14.5. The avoidance of contracts due to a reduction of more than half is expressly excluded.

14.6. The reversal of the burden of proof according to § 924 ABGB (Austrian Civil Code) at our expense is excluded. The existence of the defect at the time of handover, the time of discovery of the defect and the timeliness of the notice of defect must be proven by the customer.

14.7. The warranty period shall be 6 months and shall commence upon acceptance of the service by the customer (self-collection or acceptance by the transport company) or upon default of acceptance by the customer. The warranty period shall end prematurely if the customer or third parties make changes to the services or use, store or otherwise handle them improperly.

14.8. The customer is not entitled to withhold payments due to insignificant defects or to withhold payments attributable to one part of the goods because another part of the goods has significant defects.

14.9. Any warranty claims shall be suspended as long as the customer is in default of payment; however, this suspension shall not prevent the commencement, course and expiry of the warranty period.

14.10. In the event of justified and timely complaints, the customer shall only have the right to improvement or replacement of the service at our discretion.

14.11. If the complaint is justified, the defects will be rectified within a reasonable period of time, which shall be at least 14 days. Improvement shall take place either in our factory or at the customer’s premises, at our discretion. If the defect is remedied by improvement in our factory or by replacement, the defective services shall be properly packaged and shipped at the customer’s risk but at our expense.

14.12. The warranty period is neither extended nor renewed by improvement or replacement.

14.13. We are entitled to refuse to improve or replace the service if this is impossible or involves a disproportionately high expense for us. In this case, the customer may claim a price reduction.

14.14. The customer is obliged to support us in the determination and rectification of defects and to enable us to take all necessary measures (such as access, inspection of documents, etc.). If the customer does not fulfill his obligation to cooperate in the rectification of defects, the assertion of any claims resulting from a defective service is excluded.

14.15. If, in the course of the inspection of the defects complained about, it turns out that these do not exist or are not covered by our warranty obligation, we shall be entitled to return the services to the customer at the customer’s risk and expense and to invoice the customer for the costs incurred as a result of the unjustified complaint.

15. damages

15.1. We shall fulfil the obligations assigned to us in compliance with the generally recognized legal principles and shall inform the customer in good time of any risks that we are aware of. However, we have no knowledge of any particular type of use of our services by the customer, which is why we have no obligation to examine or inform the customer regarding the suitability or safety of its services for certain types of use.

15.2. Any liability for claims made against the customer on the basis of the advertising material, the use of a trademark or any other service provided by us is expressly excluded if we have complied with our duty to inform or if we could not and did not have to recognize such risks.

15.3. In general, we are only liable for damages within the scope of the statutory provisions if we can be proven to have acted with intent or gross negligence. Liability for slight and simple gross negligence is excluded. The injured party must prove the existence of blatant gross negligence or intent; the reversal of the burden of proof pursuant to Section 1298 ABGB is expressly waived.

15.4. Compensation for consequential damages, mere financial losses, loss of profit and third-party damages is excluded in all cases; damages are to be calculated exclusively on an objective and abstract basis.

15.5. Claims for compensation for damages must be asserted in court within six months of becoming aware of the damage and the damaging party, but at the latest within one year of acceptance. If the customer is in default of acceptance, the period shall commence with the stipulated handover; if no such handover has been agreed, it shall commence from the time at which we are ready to perform for the first time. Any liability is excluded for damages claimed or arising after the expiry of this period.

15.6. Claims for damages shall be limited to the amount of the remuneration agreed for the specific service, excluding taxes, if liability insurance cover exists, with the corresponding sum insured.

15.7. If claims are made against us by third parties due to the use of our services by the customer (e.g. passing on), the customer shall indemnify and hold us harmless.

16.  Messages

The customer agrees to the transmission of data and information by email until revoked in writing. We transmit data to the customer in standardized formats (Word, pdf).

17 Applicable law

The legal relationship between us and our customers shall be governed exclusively by Austrian law to the exclusion of the conflict of law rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

18 Place of performance and jurisdiction

18.1. The place of performance is our registered office.

18.2. The place of jurisdiction for all disputes arising directly between us and our customers shall be the court with local and subject-matter jurisdiction for Kallham.

In our download area in the category “Catalog and Folder” you can also download the terms and conditions as PDF!