Terms and Conditions

of druck.at Druck- und Handelsgesellschaft mbH (valid from 29 April 2016) for businesses / B2B (business-to-business)

Preliminary note

We take a very accommodating and customer-friendly approach to dealing with our customers. We always see ourselves as partners to our customers and we always strive to understand and fulfil your wishes. In our day-to-day dealings, we go beyond the scope of these Terms and Conditions to meet our customers’ needs. The following Terms and Conditions are therefore intended as a framework for our collaboration, to clarify where our responsibilities lie. However, our approach is characterised by goodwill, understanding and flexibility.

  1. Scope
    1. The following General Terms and Conditions (hereinafter: GTC) apply to all business relationships between druck.at Druck- und Handelsgesellschaft mbH (hereinafter: druck.at) and natural or legal persons who are not consumers within the meaning of the Consumer Protection Act (KSchG) (hereinafter: ‘business customers’), the General Terms and Conditions set out below (hereinafter: ‘GTC’) shall apply.
    2. These Terms and Conditions also apply to all future business dealings with the company, even if they are not expressly agreed upon again. The version valid at the time the contract is concluded shall apply in each case.
    3. Contracts for goods and services provided by druck.at are concluded exclusively in accordance with these Terms and Conditions.
    4. Any differing, conflicting or supplementary contractual terms and conditions – in particular the trader’s terms and conditions of business or delivery – shall not form part of this contract unless druck.at has expressly agreed to their application in writing.
  2. Services & Prices
    1. Unless otherwise stated or agreed, the prices quoted by druck.at are ex works.
    2. Prices are quoted in euros and include statutory VAT, unless they are expressly marked as net prices, as well as standard packaging costs.
    3. The prices do not include delivery charges (see point 11 and the delivery charges overview on the druck.at website) or any additional services and special requests (see in particular point 4). Any delivery charges are always listed separately.
    4. The prices quoted by druck.at at the time the contractor submits the quotation shall apply, subject to the proviso that the contractor does not wish to make any subsequent changes (see point 7) and submits any required print-ready data (see point 16) within one week of the quotation being issued.
    5. The customer shall bear the costs of any data transfers they initiate. druck.at shall not be liable for any data transfer errors that may result therefrom.
    6. Production-related over- or under-deliveries of up to 5 per cent of the agreed delivery quantity are permissible for all orders and do not constitute a deviation from the agreed service. In the event of over-deliveries, the customer is obliged to pay an additional amount for the entire quantity delivered, based on the agreed price. Druck.at reserves the right to waive payment for the excess quantity, either in full or in part. If Druck.at does not exercise this right of waiver, the customer is alternatively entitled to return the items exceeding the agreed quantity within 7 days of delivery; in which case the obligation to pay for the returned quantity shall lapse. In the event of short deliveries, the customer shall have no entitlement to a subsequent delivery. A claim for a price reduction shall only be valid if it is made in writing to druck.at within 3 days of delivery, stating the order number and delivery date.
  3. Quotation
    1. Quotations are provided free of charge and remain valid for 1 month from the date of issue.
  4. Additional services
    1. Samples, designs, proofs and final artwork, as well as any special requests going beyond the usual scope (e.g. finishing and packaging of the printed work), will only be produced upon express request and will be invoiced separately.
    2. The customer bears the costs of design, sample and test prints even if no subsequent order is placed.
    3. If the drafts, samples and proofs differ only slightly from the customer’s template, the customer shall bear the costs of any further drafts, samples and proofs they may request.
    4. Proofs shall only be submitted to the business owner upon express request. However, druck.at is entitled to submit proofs even without prior agreement. In this case, the business owner is obliged to approve the proofs.
    5. druck.at is entitled to set a reasonable deadline of one week for the business to carry out the corrections; once this period has elapsed, the proof shall be deemed to have been approved.
  5. Use of web services (log-in area)
    1. Use of the druck.at login area is at your own risk.
    2. The account holder is responsible for the accuracy of all data entered in their profile (e.g. billing addresses, including master data).
    3. druck.at is under no obligation to verify whether valid authorisations exist for any billing addresses on file. The account holder is liable for all activities (orders, address changes, etc.) carried out via the account.
    4. The account holder declares that they have the consent of all other users and sub-accounts to manage the data (creating new users, creating new billing addresses, editing and deleting users, billing addresses or master data, assigning administrator rights). They are also responsible for all user and data management within the customer account.
  6. Email correspondence
    1. Customers can actively contact druck.at by email to send personal data (e.g. billing details, delivery details) and place orders.
    2. Please note that unencrypted emails are not considered secure and druck.at therefore accepts no liability for any loss of data or for the accuracy of the data.
  7. Conclusion of contract
    1. Quotations and prices provided by druck.at are, in principle, non-binding unless their binding nature has been expressly confirmed.
    2. By placing an order, the customer makes a binding offer.
    3. When placing an order via the online shop or by email, the business owner receives an order confirmation. This constitutes a binding order confirmation.
    4. druck.at may accept quotations from businesses within one week of receiving the quotation, or within three days in the case of an order placed via the online shop. druck.at is entitled to refuse to fulfil the order – for example, following a credit check on the business.
    5. Any objections regarding discrepancies between the content of an order confirmation and the original order must be raised within two working days of receipt of the order confirmation; otherwise, the content of the order confirmation shall be deemed to have been agreed.
    6. In the case of electronic contracts, the contract text is not stored by druck.at after the contract has been concluded (Section 9 ECG).
  8. Retention of title
    1. The goods remain the property of druck.at until the invoice amount has been paid in full.
    2. Furthermore, the following terms and conditions apply:
      1. The goods remain the property of druck.at until full payment has been made of all claims held by druck.at against the business owner as at the invoice date. In the case of an open account, this retention of title serves as security for druck.at’s outstanding balance.
      2. The business owner is only entitled to resell the goods subject to retention of title on the basis of a contract of sale, a contract for work and materials, a contract for work and supply, or a similar contract if the claim arising from the resale is assigned to druck.at.
      3. The entrepreneur’s claims arising from the resale of the goods subject to retention of title are assigned to druck.at upon placement of the order to secure all claims of druck.at arising from the business relationship.
      4. In the case of copyright-protected products, the business owner is obliged to obtain or transfer the rights of use (exploitation rights) to the goods subject to retention of title to druck.at.
      5. The contractor is not authorised to dispose of the goods subject to retention of title in any other way. At the request of druck.at, the contractor is obliged to notify the third-party customer of the assignment so that payment can be made to druck.at.
      6. If the value of the security held by druck.at exceeds the total amount of the claim by more than 20 per cent, druck.at shall, at the request of the business owner or a third party adversely affected by druck.at’s excess security, be obliged to release security to the extent required, at the business owner’s discretion.
  9. Subsequent amendments to the contract
    1. Any changes to the order made by the customer after the contract has been concluded (e.g. including so-called ‘customer and author corrections’) require the consent of druck.at. Repeated proof prints requested by the business owner due to minor deviations from the template or their specifications are also considered subsequent changes.
    2. The customer shall bear all additional costs incurred by druck.at as a result of subsequent changes to the order made by the customer. This also includes the costs of machine downtime caused by the changes.
    3. druck.at shall not be liable for failure to meet the original delivery time in the event of subsequent changes made by the business owner.
    4. Any changes to the print artwork will be charged to the client based on the time spent (author’s corrections).
    5. In the case of changes requested by telephone or fax, druck.at accepts no liability for the accuracy of their implementation.
  10. Invoice price
    1. druck.at invoices for goods and services on the date of delivery (including partial delivery) or when the goods are stored on behalf of the customer or held in stock for them on an on-call basis. Invoices are issued in euros. The invoice price may differ from the order price if the business makes subsequent changes after the order has been confirmed (see point 7).
  11. Payment
    1. Invoices are sent either with the order or separately by post. They are payable within 14 days or in accordance with the payment terms stated on the invoice.
    2. Unless other bank details are specified on the invoice, payments must be made to the following account:

Payee:

druck.at Druck- und Handelsgesellschaft mbH

IBAN:

AT36 1200 0529 6600 1745

BIC:

BKAUATWW

  1. For telebanking transfers, the ‘invoice number’ must be entered in the ‘Customer details/Identification number’ field.
  2. For larger orders and orders requiring the purchase of special materials, druck.at may require the customer to make an advance payment and – in line with the work carried out – may also request partial payments by issuing partial invoices.
  3. Until a stipulated deposit has been paid, druck.at is under no obligation to fulfil the order. Any adverse consequences that may arise as a result (e.g. failure to meet delivery deadlines) shall be borne by the customer.
  4. Offsetting claims by druck.at against counter-claims of any kind is excluded. The business is not entitled to withhold payments.
  5. Justified complaints do not entitle the customer to withhold the entire invoice amount, but only a reasonable portion thereof.
  6. Any discounts for resellers (partners) are displayed in the online product order form once a valid reseller email address and password have been entered. Any further discounts that may be available are automatically applied during internal processing. Special arrangements are only possible in exceptional cases and require the approval of the management of druck.at.
  7. Late payment
    1. In the event of late payment, the business owner must pay interest on arrears at a rate of 5 per cent above the base rate.
    2. In the event of default, the customer undertakes to bear all costs and expenses associated with the recovery of the debt, as well as any other costs necessary for appropriate legal action. Should a debt collection agency be engaged, the business owner is obliged to reimburse druck.at for the costs incurred as a result, provided these do not exceed the maximum rates for fees payable to debt collection agencies as set out in the BMWA regulation. druck.at is also entitled to claim from the contractor, as compensation for any debt collection costs, a lump sum of €40, irrespective of damage or fault, as well as an amount of €5 per half-year for maintaining a record of the debt in the dunning system,– in each instance.
    3. This does not preclude the assertion of any further claims for damages arising from late payment – in particular, damages resulting from the fact that, due to non-payment, correspondingly higher interest is incurred on any credit accounts held by druck.at.
    4. In the event of late payment or a significant deterioration in the customer’s financial circumstances, druck.at is entitled to demand immediate payment of all invoices – including those not yet due – and to demand partial payments for costs already incurred, as well as to make the continuation of work on current orders conditional upon partial payments being made in advance and the settlement of all outstanding invoice amounts. Furthermore, druck.at is entitled to withhold goods not yet delivered until full payment of all outstanding deposits, instalments and invoice amounts has been made, and to suspend further work on orders still in progress in the event of non-payment of the relevant instalments. druck.at shall also be entitled to exercise these rights if the business fails to make payment despite receiving a reminder constituting grounds for default.
    5. If the business owner enters into the contract on behalf of a third party, they shall be liable as a guarantor for the recoverability of the claim against that third party. druck.at may only demand payment of the outstanding debt from the business owner after a reminder to the third party has proved unsuccessful.
    6. Where an invoice is issued to a third party, the business owner is jointly and severally liable for payment of the invoice amount alongside the invoice recipient.
  8. Shipping
    1. druck.at delivers to Austria, Germany, Belgium, France, Italy, Croatia, Luxembourg, the Netherlands, Poland, Sweden, Slovakia, Slovenia, Spain and the Czech Republic.
    2. The currently available delivery methods and their costs are displayed on the druck.at website under ‘Delivery costs’.
    3. druck.at is entitled to deliver orders in partial consignments. In the case of partial consignments, partial invoices are also permitted.
    4. Delivery and production times depend on the type of product and the size of the order. Detailed information on this can be found in the online price list on our website. The delivery time is calculated from the date the contract is concluded, provided that all necessary working documents, in particular the print-ready files (see point 16), are available to druck.at at that time and nothing to the contrary is stated in the order confirmation. Otherwise, the delivery period shall commence once the aforementioned conditions have been met.
    5. The delivery period shall be suspended whilst the contractor is reviewing any proofs, test prints or samples sent to them, as well as whilst they are reviewing any printed results sent to them for approval.
    6. The delivery times stated by druck.at in the order confirmation are, as a rule, indicative only and do not constitute a commitment to a fixed date. Fixed dates must be agreed separately in writing.
    7. Is adherence to the delivery time dependent on the contractor’s timely cooperation (e.g. the provision of error-free data and necessary working documents, the prompt review of preliminary and interim results, the delivery of film negatives, and author’s proofreading) and if the client fails to fulfil these obligations in a timely manner, druck.at shall not be liable for meeting the agreed delivery date. This also applies in the event of subsequent changes to the order made by the contractor. Furthermore, druck.at is entitled to compensation for any costs incurred as a result.
    8. Deliveries are made from druck.at’s premises at the customer’s expense and risk, unless otherwise agreed. Transport insurance is taken out only at the customer’s express request and at their expense. The risk of loss or damage to the goods passes to the contractor upon handover of the goods to the contractor or to the person carrying out the transport, or at the point in time when the goods have left the druck.at warehouse for the purpose of dispatch. The handover shall be deemed to have taken place if the contractor is in default of accepting the goods.
  9. Delivery delay
    1. In the event of a delay in delivery, the trader must set a reasonable grace period of at least one week, tailored to the specific order. If the grace period expires without result, the trader may withdraw from the contract after setting a further reasonable grace period of at least one week. Withdrawal must be notified by registered letter.
    2. The right of withdrawal always applies only to that part of the delivery or service in respect of which there is a delay.
    3. If the business owner withdraws from the contract due to a delay in delivery, the contract shall be rescinded on a simultaneous basis.
    4. The customer must accept minor delays in the agreed delivery times or dates without being entitled to withdraw from the contract or to claim damages.
    5. In the event of force majeure or other unforeseeable, exceptional and circumstances beyond druck.at’s control (e.g. difficulties in sourcing materials, operational disruptions, strikes, lockouts, lack of transport, regulatory intervention, energy supply difficulties, etc.) – including where these occur at subcontractors or suppliers – druck.at shall be released from its obligation to deliver for the duration of the disruption. If, as a result of the aforementioned circumstances, delivery or performance becomes impossible or unreasonable, druck.at shall be released from its obligation to perform. If the delay in performance lasts longer than five weeks, the contractor shall be entitled to withdraw from the contract. If the delivery time is extended or if druck.at is released from its obligation to perform, the contractor may not derive any claims for damages therefrom. druck.at may only invoke the aforementioned circumstances if it notifies the contractor thereof without delay.
  10. Default on acceptance
    1. The customer is obliged to accept the goods sent in accordance with the contract or made available for collection without delay.
    2. If the business is in default of acceptance, druck.at is entitled to store the goods for a period of four weeks at the business’s risk and expense, either on its own premises or with a carrier (see clause 17). Upon expiry of this period, or following the setting of a further reasonable grace period, druck.at is entitled to withdraw from the contract and dispose of the goods elsewhere.
  11. Warranty
    1. Standard deviations from the original template (in particular, minor colour deviations from the original in colour reproductions across all printing processes; minor colour deviations between proofs and the final print run, or between the final and interim results; colour variations between the digital template and the printout due to differences in colour calibration on screens) cannot be ruled out and do not constitute a defect covered by the warranty.
    2. Typographical errors will be corrected free of charge if they are the fault of druck.at.
    3. The latest edition of the Duden (“new spelling rules”) is the authoritative guide for German spelling.
    4. Once the client has issued a ‘ready for print’ or other approval, the risk of any errors passes to the client, provided that such errors did not arise or could not have been detected until after the ‘ready for print’ or approval was issued.
    5. druck.at shall only be liable for deviations in the quality of the materials used up to the amount of its own claims against the relevant supplier. In such a case, druck.at shall be released from liability if the claims against the suppliers are assigned to the business owner. druck.at shall be liable as a guarantor to the extent that claims against the supplier do not exist or are unenforceable due to the fault of druck.at. With regard to the materials used, the tolerances set out in the suppliers’ relevant terms and conditions of delivery, or those customary in the industry, shall apply.
    6. The warranty period is six months from the date of delivery of the goods.
    7. If the order involves contract finishing work or the further processing of printed products, druck.at shall not be liable for any damage caused to the product to be finished or further processed, unless such damage was caused intentionally or through gross negligence.
    8. In the event of partial delivery, these terms and conditions shall apply to the part delivered. Defects in part of the goods delivered do not entitle the customer to reject the entire delivery.
    9. The customer must inspect the delivered goods for defects. Any apparent defects must be reported to druck.at immediately, specifically and in writing (notice of defects). Hidden defects must be reported to druck.at immediately upon discovery, but no later than six months after the goods have left the premises or the sphere of control of druck.at.
    10. Section 924 of the Austrian Civil Code (ABGB) does not apply. The trader must prove that the defect existed at the time of delivery.
    11. The right of recourse under Section 933b, second sentence, of the Austrian Civil Code (ABGB) becomes time-barred two years after the service has been provided by druck.at.
    12. In the event of justified complaints, druck.at is obliged, at its own discretion and to the exclusion of any other claims, to rectify the fault and/or provide a replacement, up to the value of the order, unless a warranted characteristic is missing or druck.at or one of druck.at’s agents is guilty of wilful misconduct or gross negligence. The same applies in the event of a valid complaint regarding the rectification or replacement. In the event of delayed, omitted or unsuccessful rectification or replacement, the client may demand a reduction in the remuneration or withdraw from the contract.
    13. druck.at shall only be liable for consequential damages arising from defects where druck.at or one of its agents has acted with intent or gross negligence.
    14. druck.at shall in no circumstances be liable for any damage caused by the business owner’s failure to store the products correctly.
    15. If the printed products in question can no longer be presented to druck.at, the business owner is only entitled to a warranty claim and/or compensation if they provide druck.at with precise documentation of the defects, in accordance with recognised quality control standards.
  12. Limitation of liability
    1. Claims for damages by the business owner are excluded, unless the damage was caused by wilful misconduct or gross negligence. In cases of slight negligence, druck.at is liable only for any personal injury.
    2. druck.at is liable only for foreseeable damage typical of the contract. Furthermore, druck.at’s liability per claim is limited to the value of the order. Liability for loss of profit is excluded.
    3. In the event of liability, only monetary compensation may be claimed.
    4. Claims for damages must be brought before a court within six months of becoming aware of the damage and the party responsible, failing which they shall lapse. One year after delivery or the provision of services by druck.at, the burden of proof lies with the business.
    5. Where liability on the part of druck.at may arise, druck.at shall be released from liability to the extent that existing and enforceable claims against suppliers or subcontractors are assigned to the business owner.
    6. The subject matter of the contract offers only the level of reliability that can be expected, taking into account the specific properties of the materials.
    7. The limitations of liability also apply to pre-contractual obligations, i.e. even if no contract is concluded.
  13. Materials and data provided
    1. druck.at does not accept any materials supplied by customers for processing.
    2. In the case of data supplied or transmitted by the business owner or by a third party engaged by them, the business owner shall bear the costs for all exposures or prints resulting from the file, even if the data is merely exposed. Data processing shall only take place at the express request of the business owner and will be invoiced separately.
    3. If the customer does not provide a binding proof or other sample, or if such a proof is not ordered from druck.at, druck.at accepts no liability for the accuracy and correctness of the exposure or the print. This also applies if the technical specifications on which the order is based are incomplete or incorrect.
    4. The responsibility for data backup lies solely with the business owner. druck.at is entitled, independently of this, to make a copy for backup purposes.
    5. The following additional points regarding specifications apply to materials supplied by the customer:
      1. A composite file for druck.at must be provided in PDF (preferably PDF/X-3 in accordance with ISO 15930-3), TIFF/IT or TIFF format. Fonts contained in the document must be embedded, and imported image files and high-resolution data (OPI) must be supplied.
      2. Office files (Word, PowerPoint, Publisher) can also be uploaded.
      3. Image files must be provided as CMYK files.
      4. File formats (e.g. Quark, Photoshop, InDesign) are only accepted following prior consultation with druck.at.
      5. The business owner ensures that only licensed fonts (PostScript fonts only) are used to create the digital file.
      6. The maximum data volume is 100 MB. If this maximum data volume is exceeded, the costs incurred for checking the data will be charged based on the time required to do so.
    6. Packaging materials, as well as the usual waste resulting from trimming, die-cutting, print set-up and the printing process, become the property of druck.at upon completion of the order.
    7. druck.at is entitled to a right of retention in accordance with Section 369 of the Austrian Commercial Code (UGB) in respect of the materials supplied by the customer until all claims arising from the business relationship have been settled in full.
  14. Storage and archiving
    1. Products belonging to druck.at, in particular data and data storage media, shall only be archived by druck.at beyond the time of handover of the end product to the customer or their agents if expressly agreed and in return for a specific fee. Should the aforementioned items be to be insured, the contractor must arrange this themselves in the absence of any agreement to the contrary.
  15. Cancellation of recurring orders
    1. If the order involves the performance of regularly recurring printing work and no end date or notice period has been agreed, the contract may be terminated in writing by druck.at or the business, subject to a three-month notice period, at the end of a calendar quarter.
  16. Ownership and rights to the resources and products used
    1. Samples and designs produced at the client’s request remain the property of druck.at, unless otherwise agreed.
    2. Where druck.at itself is the owner of the copyright and related rights to the delivered products or parts thereof, the business acquires, upon delivery, only the non-exclusive right to distribute the delivered products.
    3. Furthermore, druck.at has the exclusive right to use the reproduction materials produced (typesetting, processed data, data carriers, films, reproductions, etc.) and printed products (proofs, rough prints, etc.) for the production of copies. druck.at is under no obligation to hand over such reproduction materials.
    4. druck.at is under no obligation to verify whether the business owner is entitled to reproduce, process in accordance with the order, modify or otherwise use the templates of any kind in the intended manner. The business owner warrants that they hold the rights to any and all use, disclosure, reproduction, editing and distribution of the templates and materials provided by them, and that the execution of the order by druck.at does not infringe any third-party rights of any kind.
    5. If the business owner provides fonts or application software to enable the further processing of the data supplied by them, the business owner warrants to druck.at that they are authorised to permit this limited transfer of use.
  17. Indemnity and release from liability
    1. From a Swiss perspective, there is nothing to prevent an agreement on the place of jurisdiction and choice of law in relation to non-consumers.
    2. If druck.at is held liable by third parties for alleged infringements of copyright, neighbouring rights, other industrial property rights or personal rights arising from the fulfilment of an order placed by the business owner, the business owner shall indemnify and hold druck.at harmless.
    3. druck.at must notify the business owner immediately of any such claims by third parties and, in the event of legal proceedings, serve notice of the dispute upon them. If, following notification of the dispute, the business owner does not join the proceedings as a co-defendant alongside druck.at, druck.at shall be entitled to acknowledge the claimant’s claim and to seek indemnity and hold druck.at harmless from the business owner, irrespective of the legality of the acknowledged claim.
  18. Final provisions
    1. Austrian law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
    2. For all legal disputes arising from the contractual relationship governed by these General Terms and Conditions, including those concerning the existence or non-existence of the contractual relationship, (a) for claims brought by druck.at, the court with jurisdiction at druck.at’s registered office or at the contractor’s general place of jurisdiction, at druck.at’s discretion; (b) for claims against druck.at, the court with jurisdiction at druck.at’s registered office shall have exclusive jurisdiction.
    3. The contract language is German.
    4. The place of performance for delivery and payment is the registered office of druck.at.
    5. We undertake to participate in the Internet Ombudsman’s dispute resolution procedure in the event of a dispute:

      www.ombudsmann.at

      Further information on the different production methods can be found at www.ombudsmann.at.

      The ODR platform may also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr

      Our email address: office@druck.at
    6. All order agreements, amendments or additions to the contract and these Terms and Conditions must be in writing to be valid. This also applies to any waiver of the written form requirement. Verbal agreements, e.g. made by field staff, must be confirmed in writing.
    7. Should any individual provisions of the contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is wholly or partially invalid shall be replaced by a provision that comes as close as possible to the content and purpose of the provision that is wholly or partially invalid.

 

Last updated: 18.03.2026