1. validity:

These General Terms and Conditions apply to all legal transactions between prinux GmbH or prinux ag (hereinafter referred to as prinux) on the one hand and the users of the prinux and aloqio websites or the purchasers of products ordered via these websites or by other means on the other. By using the prinux and/or aloqio website, the user expressly agrees to these General Terms and Conditions and is bound by them. Deviations from these terms and conditions are only effective if they are confirmed in writing by prinux.

2nd prizes:

The prices published on the prinux website at the time of the order or the prices defined in a separate offer shall apply. Shipping and packaging costs for pyhsical products will be charged in addition to the product prices in accordance with the price list published on the prinux or aloqio website or in accordance with the offer.

3. terms of payment:

Payment of the invoice amount must be made within 14 days of the invoice date, without any deductions, unless the product was paid for by other means of payment when the order was placed. In the event of late payment, default interest of 15% p.a. will be charged. Additional charges (e.g. transfer costs) shall be borne by the customer (= client). In the event of default in payment, the client is obliged to pay all costs, expenses and cash outlays incurred in pursuing the claims, irrespective of the title from which they arise, in addition to the usual reminder fees charged by prinux, in particular the costs of out-of-court legal intervention. Notwithstanding any declarations of dedication to the contrary and even in the event of the existence or enforcement of a writ of execution, prinux is entitled, at its discretion, to use incoming sums of money from the client initially to cover incidental expenses (reminder fees, legal fees, insurance premiums, etc.), interest on arrears, capital claims and finally to pay off the remaining outstanding invoice amount. Agreements deviating from these terms of payment must be made in writing to be valid. prinux is entitled to make the delivery or maintenance of digital services dependent on advance payment or payment on delivery or to refuse an order altogether without giving reasons. The rejection of an order must be communicated by prinux to the client within 7 working days.

4. retention of title:

Physical products remain the property of prinux until the agreed price and all other outstanding claims have been paid in full.

5. delivery time:

The delivery time for pyhsical products begins on the day after prinux receives the complete, unambiguous order. The delivery times are based on the deadlines published on the prinux or aloqio website or agreed in separate offers. These deadlines are generally only approximate deadlines, unless they have been expressly agreed in writing as fixed deadlines. In the event of a delay in delivery, the customer may only assert its statutory rights after setting a grace period. The grace period must be appropriate to the type and scope of the order. Insofar as damage is not due to gross negligence on the part of prinux, it is limited to the amount of the invoice. Lost profit cannot be claimed. Force majeure generally releases prinux from any obligation to deliver, regardless of whether this force majeure occurred at prinux’s premises or at the premises of upstream suppliers and subcontractors. In such a case, the client is not entitled to withdraw from the order or to hold prinux liable for any damages.

6. deliveries:

Deliveries of physical products are made ex works (including from any subcontractors of prinux) at the expense and risk of the client, unless otherwise agreed. The designs, colors, fonts and formats shown on the prinux website are only approximations and are therefore not binding. Deviations from the online representations in terms of color or format therefore do not entitle the client to give notice of defects. prinux is not liable for printing and execution errors that the client has overlooked in the proofs approved by him online or offline.

7. default of acceptance:

The customer is obliged to accept the goods sent or made available for collection in accordance with the contract without delay; if he does not comply with this obligation, the delivery shall be deemed to have been made on the day on which acceptance should have taken place in accordance with the contract; the risk of damage, loss, etc. shall thus pass to the customer.

8. complaints:

Complaints will only be recognized within one week of receipt of the goods and must be notified to prinux immediately. Defects in part of the delivery cannot lead to a complaint about the entire consignment. prinux has the right to rectify the defect or deliver a replacement; the client waives the right to withdraw from the contract in the event of significant defects or to demand a reduction in payment in the event of significant or insignificant defects. Claims for damages are limited to the amount of the invoice (except in cases of gross negligence on the part of prinux). Minor color deviations in the end product (compared to color samples or to products previously supplied by prinux) do not entitle the customer to complain about defects. Any right of return on the part of the customer that deviates from these rules (“satisfaction guarantee”) only applies to those products for which these deviating offers were expressly guaranteed in advertising material or on the prinux website at the time of the order.

9. documents provided:

Materials provided by the client, such as templates, texts, data, etc. for the production of physical products must be delivered carriage paid to prinux. Confirmations of receipt are issued without guarantee for the correctness of the quality and quantity specified in the delivery documents. prinux is only able to carry out a proper acceptance and inspection during the design and production process and is only liable for damage caused by its own fault. If any defects in the documents provided by the client, in particular print documents in digital or analogue form, are not immediately recognizable, but only become apparent during order fulfilment or during the printing process, the client has no claims if the result is inadequate. prinux is liable for the documents provided as a custodian within the meaning of the German Civil Code.

10. working documents:

prinux is liable for drafts, files, artwork, tools and other documents within the meaning of point 11 up to 4 weeks after completion of the order. Beyond this, prinux accepts no liability whatsoever for documents that are not requested back.

11. right of ownership:

The designs, files, artwork, tools and other aids provided by prinux for the production process remain the inalienable property of prinux, even if the client has paid compensation for the value of this work. This also applies to work aids produced by another company on behalf of prinux.

12. typesetting and printing errors:

Typographical errors on physical products will be corrected free of charge if they are the fault of prinux. Typesetting errors caused by entries made by the customer on one of prinux’s websites do not entitle the customer to a free replacement or free correction. Changes to the print template will be charged according to the time spent (author’s correction). Correction proofs will only be submitted to the customer upon express request. prinux is entitled to set a reasonable deadline for the customer to carry out the correction, after which the correction proof is automatically deemed to have been approved. If the proof is not submitted, prinux shall only be liable for gross negligence. The latest edition of the Duden is authoritative for spelling in German.

13. storage:

Unless otherwise agreed, prinux is under no obligation to store print products, samples, files, films, papers, tools, etc. after the order has been completed. The agreed obligation to store the aforementioned items also expires if the client is more than 4 weeks in arrears with payments for any orders invoiced by prinux.

14. claims for damages and liability on the part of the client:

Any claims for damages by the client against prinux are generally limited to the amount of the invoice, unless the damage is due to gross negligence on the part of prinux. For print orders in particular, the client must check all artwork carefully before approving it for printing. prinux accepts no liability for errors in artwork approved by the client. Even if products are forwarded directly to third parties on behalf of the customer, prinux accepts no liability whatsoever for errors contained therein or other resulting damages.

15 Copyright and reproduction rights:

Insofar as prinux itself is the author or owner of the rights of use under copyright and ancillary copyright law to the delivered printed products or parts thereof, the client only acquires the non-exclusive right to distribute the delivered products upon acceptance of the delivery (Section 16 of the Copyright Act); otherwise the copyrights and rights of use in the hands of prinux remain unaffected. prinux has the exclusive right to use the artwork it has produced to produce reproductions. It is not obliged to hand over such means. prinux is not obliged to check whether the client has the right to reproduce the artwork or otherwise use it in the intended manner, but is entitled to assume that the client has all the rights necessary for the execution of the order vis-à-vis third parties. The client is obliged to indemnify and hold prinux harmless against all claims asserted by third parties arising from infringements of copyrights, ancillary copyrights, other industrial property rights or personal rights. prinux must notify the client of such claims immediately and, in the event of legal action, notify the client of the dispute. If the client does not join the proceedings as a party to the dispute in response to the notice of dispute, prinux is entitled to recognize the claim of the plaintiff and to indemnify the client regardless of the legality of the recognized claim.

16. content of advertising material and printed matter:

prinux accepts no liability for the correctness of the content or the legality of advertising material and printed matter, particularly in terms of competition law, even if the texts, graphics, illustrations, photos or parts thereof were written or designed by prinux or its suppliers for the client. The client is solely responsible for the content and design of the advertising material and printed matter commissioned by it and will therefore indemnify prinux against all disadvantages that it may suffer as a result of these products.

prinux reserves the right to refuse or cancel orders whose content provided by the customer (e.g. text and graphics on business cards and other business stationery)
– violates criminal laws or could be punished as an administrative offense
– is xenophobic, hostile to minorities, sexist, glorifies violence, is immoral or unconstitutional or
– disregards general ethical values.

17. place of jurisdiction and place of performance:

The place of performance for all contractual relationships subject to these Terms and Conditions of Delivery and Payment and the place of jurisdiction for legal disputes concerning the existence or non-existence of such a contractual relationship and for legal disputes arising from such a contractual relationship shall be Vienna. Disputes arising from transactions to which these terms and conditions apply shall be subject to Austrian jurisdiction.

18. deviations:

Deviations from these terms of delivery and payment shall only become valid after written agreement. In the event of changes and cancelations not made in writing, the client shall bear the risk of any misunderstanding, regardless of the cause. He therefore has no claims for compensation if an order placed in this way is not properly executed. Verbal and telephone agreements of any kind must be confirmed in writing.

19. ineffectiveness:

The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity and binding nature of the remaining provisions. 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.

20. choice of law:

These terms and conditions and the entire legal relationship between the client and prinux shall be governed by Austrian law. The application of the United Nations Vienna Convention on Contracts for the International Sale of Goods (UN Sales Convention) to the transactions subject to these terms and conditions is excluded by mutual agreement.