TERMS OF CONDITIONS

Introduction

The following Terms and Conditions apply to all business relationships between the Customer and Encode Graphics GmbH, also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them. We reserve the right to make changes to our Terms and Conditions without notice.

Privacy Policy

Please refer to our Data Privacy Policy on this website for information about how we collect, use and share personal information about you.

Contract Conclusion and Termination

The contract is concluded when the Customer submits their order and we accept their order within a period of five (5) working days.  The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions.

Our offers are subject to change and are non-binding. We reserve the right to make changes within the scope of what is reasonable.

The Customer declares that the data they provided are correct and complete and shall notify us of any changes in this regard in writing within no more than fourteen (14) days. The Customer is required to provide evidence of the correctness of the data upon request.

The contract may be terminated by either party with 14 days' notice, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter. The customer has to take all the extra costs arising in the process of a return.

We reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations.

If the Customer intends to transfer their contractual rights and obligations to a third party, then our consent is required for this purpose. The Customer must make their transfer request in writing. We are obligated to verify the legitimacy of the transfer or and the identity of the third party.

Payment Conditions

We will invoice the Customer for any contractually binding services using the prices visible on our website, plus the statutory value added tax. If the service is for shipped goods, the price includes postage and packaging.

The Customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.

The Customer is obligated to pay all fees and taxes incurred by using the service or by the third parties designated by the Customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery.

The Customer is obligated to comply with any applicable export and import control regulation, in particular the US regulations as well as all other relevant regulations.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct when using our services. In particular you confirm that you are 18 years or older an that any funds used for payment is not illegally gained money.

Liability

The Customer uses our services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract up to a maximum of 100 Euro.

If the Customer violates any obligations mentioned in these Terms and Conditions, in particular regarding legal prohibitions and decency violations, the Customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Furthermore, the Customer is obligated to indemnify us against claims by third parties - irrespective of the legal basis - resulting from the Customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.

 

Warranty

If the service consists of goods delivered via post, a limitation period of thirty (30) days after delivery applies to claims for defects. The statutory limitation period also applies to claims for damages in the event of willful and gross negligence as well as in the event of injury to life, limb and health that are the result of an intentional or negligent breach of obligation by the user.

In case of loss of physical goods by a third party such as the postal service, we cannot guarantee a claim for physical replacement of the same due to the specific limitations of our products.

 

Third Party Services

Our service contains links to third-party websites. When you click on link, we will not notify you that you have left our service and are also subject to the Terms and Conditions (including privacy policies) of another website.

Provisions

These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the Federal Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Weer. We are, however, entitled in all cases to initiate legal proceedings at the Customer's place of business. Superordinate statutory provisions, in particular, on exclusive jurisdiction, remain unaffected.

Severability

If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission be revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.

 

This document was last changed on October 27, 2021.