General terms and conditions of trade for fan shop REFORM area

Responsible for contents and illustrations

Wertpräsent Promotion Trade company Ltd. & Co. limited partnership

Karl-Schönherr-Straße 3

A -4600 Wels

E-mail: wp.wels@wertpraesent.co.at

Provider identification according to ECG §5 paragraph 1

Commercial register: National court Wels, register of companies no.: FN 184406k

Legal form: Trade company Ltd.

Management: Helmuth Kratky

VAT ID: ATU 47638409

Disclaimer

Contents

The contents of these pages was edited and checked carefully. Wertpräsent Trade company & Co. limited partnership does not guarantee for actuality, correctness, completeness or quality of provided informations.
Liability claims against Wertpräsent Trade company & Co. limited partnership, which refer to physical or ideational damages caused by use or disuse of presented informations or by incorrect and incomplete informations, are principially exluded unless there is no verifiable or gross negligent fault of Wertpräsent Trade company & Co. limited partnership.

Wertpräsent Trade company & Co. limited partnership reserves the right to change, complete or delete parts of the page or the complete proposition as well as to stop publication at any time.

Copyright

Wertpräsent Trade company & Co. limited partnership strives to observe copyrights at all publications. In the case of breach of a copyright Wertpräsent Trade company & Co. limited partnership will remove the corresponding object from publication resp. identify by the corresponding copyright after notification.
Complete brand names and trademarks which are mentioned within the internet proposition and contingently protected by third party are unconfined subject to regulations of the respective valid trademark legislation and titles of the respective registered owners. The conclusion that brand names are not protected by rights of a third party cannot be drawn on the basis of mere naming alone.
The copyright for own contents of Wertpräsent Trade company & Co. limited partnership at this domain are only due to Wertpräsent Trade company & Co. limited partnership.
Duplication of such graphics, sounds or texts at other electronical or printed publications is forbidden without explicit consent of Wertpräsent Trade company & Co. limited partnership.

Legal effect

This disclaimer is considered as a part of the internet proposition of which is refered to this page. If parts or individual wordings of this text do not, not anymore or not completely correspond to the valid legal position, the residual parts of the document will remain unaffected at content and validity.

Sales and delivery conditions

1. Orders

Complete orders are accepted resp. carried out because of following conditions, which are also valid for future deliveries without repeated announcement. The orderer accepts explicitly those delivery conditions by placing an order. Complete agreements, especially verbal agreements with commissaries of the company and orders by telephone require written confirmation.

2. Offers

Complete offers are subject to alteration. The order gets not binding until after written acceptance note. Trading agreements by telephone, e-mail, telefax or representatives require written confirmation for authenticity.

3. Product liability

All claims for damages directed against us are excluded without regard to the legal basis where the are deduced from, especially according to regulations of product liability law for personal injuries, physical damages and property losses, which were originated by faults of the product, whereas primarily claims for refund of consequential damages like loss of production or lost profit and suchlike are excluded completely, unless intention or gross negligence are hold against us. For those parts of the products which are purchased at subsuppliers we are only liable to the extent as we are due to warranty claims or claim for damages against our subsuppliers.
The supplier (Wertpräsent Promotion Trade company & Co. limited partnership) exclusively guarantees concerning the suitability of the object of purchase that it can be used in terms of the regulations and instructions of the manufacturer resp. supplier. The buyer has to make sure that the object of purchase is used in accordance and exclusively in terms of the enclosed instructions. In case of breach of this covenant the buyer cannot put forward a claim from the supplier.

4. Delivery

The delivery is effected for account and risk of the buyer. Agreed dates of delivery are valid from our order confirmation date.
Claims for damages concerning delivery which is not in time or withdrawal from the contract are excluded in any case. Breakdowns as a result of force majeure at own business or manufacturing plant release us from adherence to the agreed dates of delivery. Already made partial performances have to be accepted and paid by the orderer.
Partial deliveries and partial invoices are valid, whereas partial deliveries have to be paid by the orderer on the determined terms of payment. The orderer is allowed to withdraw from the contract by allowing 6 additional weeks for completing delivery after exceeding the agreed date of delivery for more than 6 weeks. We are authorized to withdraw from the contract by fixing a 2-week-deadline and/or to demand compensation because of non-compliance if the orderer does not accept the product. We are authorized to demand either 30% of the agreed amount without verification of a damage or refund of the effectively originated damage. Insurance and packing are selled at cost.

5. Dispatch

Delivery is done ex works. We reserve an additional or short delivery up to 10 per cent at orders with application of advertising because of production reasons. We also reserve subject to little variations of format, colour and material.

6. Prices

The prices are specified in EUR (EUR) exclusive value-added tax. Prices are subject to change.

7. Payment

Terms of payment are printed on front page according to agreement.
Otherwise net cash 20 days are valid. Default interests of at minimum 5 % above the respective valid discount rate of the ECB are settled at exceeding the payment term. The orderer is not allowed to retain payments because of warranty claims or other counterclaims which are not accepted by us or to declare a summation against our claims. If there are wellfounded doubts about responsibility or solvency of the orderer, we are authorized either to demand prompt cash payment or safety bond before delivery or to withdraw from the contract and to demand compensation by the orderer, especially refund for already made expeditures.

8. Complaint

Complaints can only be asserted within one workday after receiving the product. At damaged shipments claims assessment has to be induced immediately by the deliverer (forwarding agent, post or railway) otherwise we have to decline claim settlement. At orders with application of advertising the advertising text is part of the order confirmation. At textual errors the orderer has to raise an objection immediately upon receipt of the confirmation. The responsibility for textual errors which were not complained in time changes to the orderer.
Subsequent complaints are not accepted. We will determine whether warranty claims are fulfiled by improvement or delivery of a faultless product or by grant of an appropriate reduction of price, especially if redress would be not possible or possible only with disproportionally high costs. If the delivered product is changed by the orderer, treated or processed in an improper way, complete warranty for our part expires.
We only have to pay the costs for correction of defects made by the orderer himself after giving our consent in writing. Properties are only rated as promised, if they are promised explicitly and in writing by us. At special orders and special design exact informations are required because we cannot execute subsequent exchange or redemption. Product range is subject to change.
Neither customary deviations and/or deviations attributable to production in quality, dimension, design, equipment and material nor colour variations, dimensional deviations or suchlike do qualify for an objection. Excess or short delivery at special orders resp.
orders with application of advertising are authorized by us up to ten per cent.

9. Return shipment of products

The acceptance of a return shipment of a product takes place only with our explicit agreement. For return shipment by forwarding agent a receipt issued by us is absolutely necessary. The delivery note number or invoice number has to be quoted at every return shipment. We reserve the right of denial of acceptance at return shipments which were not agreed to or return shipments without a receipt.
This is also valid for products which are not in mint condition or without labels. We will settle 20 per cent of the product value as a handling charge, if the return shipment is not made on the basis of a qualified complaint.
Return shipments, which were not caused by company Wertpräsent Promotion Trade company & Co. limited partnership have to be sent principally by free delivery to our company in Wels. We will not pay the freight costs thereby incurred.

10. Patents and other trade mark rights

It is rated as explicitly agreed that we are not liable for any rights, especially trade mark rights of a third party, at producing articles by means of drawings or original samples of the orderer. The orderer accepts obligation to keep us reimbursed and unrepining and to make up for our complete loss, if rights of a third party are asserted.

11. Retention of title

The delivered products remain property of the seller until the purchasing price has been paid along with all accompanying charges. If the orderer is in arrears with payment or if he contravenes a duty arising from the retention of title, the complete active debt falls due for payment immediately. We are neither authorized to ask for handing over objects of our property nor to collect them, whereas the orderer waives assertion of retention for any reason. The costs of redemption, which represents no withdrawal from the contract, are paid by the orderer.

12. Place of fulfilment

Wels is the place of fulilment and jurisdiction for delivery and payment of both parties. Explicitly Austrian law, with the exception of United Nations convention on contracts for the international sale of goods, is applied to the contractual relationship.

13. EDP data

Data like name, address, order data as well as accounting data, which are necessary for order transaction and accounting are stored at our EDP. The stored data are only used within the framework of existing legislation.

14. Regulations