Conditions

J.A.N. Promotion Ltd.
Schottenfeldgasse 65 / 9, 1070 Vienna
E-mail: info@jan-promotion.at
Commercial Register: Commercial Court Vienna, Company Register No.: FN351297p
Legal form: Trading company with limited liability
Management: John A. Neider
UID No.: ATU65940477

Status: 24.04.2019

Contents / Copyright

The content of the internet pages has been carefully edited and checked. However, J.A.N. Promotion GmbH (=JAN Promotion) does not guarantee the timeliness, accuracy, completeness or quality of the information provided. JAN Promotion endeavors to observe applicable copyrights in all publications. If, despite this, a copyright infringement should occur, JAN Promotion will remove the relevant object from its publication after notification or mark it with the appropriate copyright. The customer is not entitled to any recourse claims from these copyright infringements against JAN Promotion.

General

These general terms and conditions apply to all deliveries and services to the customer or third parties named by the customer. Deviating conditions or additional agreements require a written agreement. The customer's terms and conditions of business shall be deemed to have been waived, even if they are included in the order confirmation or other written document and have remained unchallenged by the customer. The general terms and conditions of the customer are expressly contradicted. The General Terms and Conditions shall also apply to subsequent transactions, even if no further reference is made to them when they are concluded.

 

1. orders / conclusion of contract / down payment

All orders shall be accepted or executed on the basis of the following terms and conditions, which shall apply to future deliveries even without repeated notification. By placing orders, the customer expressly accepts these terms of delivery. All agreements, in particular also verbal agreements with representatives of the company and telephone orders require written confirmation. The order overleaf is effective when JAN Promotion confirms its acceptance in writing or actually executes the order. Additional agreements and changes of the order are only effective if JAN Promotion confirms them in writing. Any terms and conditions contrary to these terms and conditions are hereby expressly excluded, also for the future. Deviations from these terms and conditions are only valid in case of written consent of JAN Promotion. JAN Promotion explicitly points out that orders are only considered confirmed if they are signed by the responsible clerk and the managing director, i.e. signed twice. Silence is not considered as acceptance of an order. JAN Promotion is under no obligation to check the documents submitted by the customer for any ambiguities/incompleteness or whether they correspond to the agreed purpose of the contract. The customer is also jointly and severally liable to JAN Promotion in case the invoice was issued directly to a third party upon the customer's request. In case of agreed down-payments, the delivery agreement concluded with the customer becomes effective only with the complete receipt of the agreed down-payment by JAN Promotion. Any agreed delivery periods (point 6) will be extended by the period of delay in payment.

2. offers

All offers are subject to change. The order is binding for us only after written confirmation of acceptance. Business agreements by telephone, email, fax or by representatives require a written confirmation to be legally valid.

3. product liability 

All claims for damages against JAN Promotion are excluded, regardless of the legal basis, especially according to the provisions of the Product Liability Act for personal injury, property damage, and financial loss caused by a defect in the goods, whereby especially all financial loss, such as claims for compensation of consequential damage, such as loss of production or loss of profit, and the like, are excluded in their entirety, unless JAN Promotion is guilty of intent or gross negligence. JAN Promotion is liable for those parts of the goods, which JAN Promotion has obtained from sub-suppliers, only to the extent that JAN Promotion itself is entitled to warranty claims or claims for damages against its sub-suppliers. JAN Promotion warrants the suitability of the object of purchase only to the extent that it is usable according to the terms and regulations of the producer or supplier. The customer has to take care that the object of purchase is used for its intended purpose and exclusively in accordance with the supplied instructions. In case of violation of this obligation the customer is not entitled to any claims against JAN Promotion.

4. sample / catalog

Catalogs are sent free of charge via I Net. Postal delivery is subject to a charge. Product samples are sent against payment. The return of samples is not possible for administrative reasons!

5. advertising imprints / templates

If, at the request of the customer, an advertising imprint or template is to be made on the products to be supplied by us, all associated costs shall be borne by the customer. Due to production reasons JAN Promotion is entitled to over- or under-deliver up to 10% when delivering such items. Minor deviations in format, color and material are reserved. If artwork provided by the customer gets lost or damaged due to fault (only gross negligence) of JAN Promotion, JAN Promotion is liable in this respect with a maximum amount of EUR 125,-. JAN Promotion produces prints of advertising imprints only by explicit written order of the customer. They are considered as approved: by written confirmation on the proof sample or by reconfirmed proof by email (binding)! Any necessary corrections will be charged at cost price. 

6. delivery / shipping 

Delivery is ex works. Delivery periods and dates are to be understood as estimated periods and dates even if this is not explicitly mentioned, since JAN Promotion itself procures goods from the Far East, among others, and therefore has no influence on the delivery periods of its Far East suppliers. Delivery dates or delivery periods only generate legal effects if they have been concluded by means of a separate written agreement. In case of exceeding the delivery date/period, the buyer has to request JAN Promotion in writing by registered letter for delivery. Only then the buyer is in default. JAN Promotion is not responsible for any delay caused by force majeure, especially by strikes or natural disasters *. Furthermore the customer is obligated to set a grace period of at least 6 weeks, with the indication that he will refuse the acceptance of the delivery after the expiration of this grace period. If the set period of grace expires unsuccessfully, the buyer has the obligation to withdraw from the contract in writing by registered letter. However, JAN Promotion is entitled to fulfill the contractual obligation by partial deliveries. The non-fulfillment of the buyer's obligations constitutes contributory negligence. In case of delay in delivery JAN Promotion is only liable for gross negligence. In case of delay in delivery due to force majeure any liability of JAN Promotion is excluded. Any further liability, especially for financial losses, is therefore explicitly excluded. If the delivery does not deviate substantially from the order and the deviation is reasonable for the customer, the deviations are considered as approved by the customer, if the delivery is made possible or facilitated by it. In any case, the delivery is considered to be effected with the dispatch by JAN Promotion, at the latest with the handover to a forwarding agent/carrier. The shipment of all products delivered by JAN Promotion, including samples, templates, etc., is carried out by mail/rail or, at our choice, by forwarding agent at the buyer's expense and risk. Packaging costs will be invoiced separately. Transport insurance will only be taken out at the customer's request and at the customer's expense. In case of loss during or damage in transit, JAN Promotion's liability is limited to the assignment of any claims against the carrier. 

*) Force Majeure Clause:

Delivery by J.A.N. shall be made as quickly as possible.

Specified delivery times/delivery dates or periods and deadlines are generally non-binding, except for promised fixed dates (in writing). In the current pandemic situation and the problems of worldwide supply chains, home offices and lockdowns, exact planning is difficult to implement and each company depends on many factors.

The time frames and deadlines mentioned by J.A.N. are only target dates. These are not binding for J.A.N. and are in any case considered to be mere guidelines unless the binding nature of the time/deadline stated is expressly confirmed by J.A.N. in writing. Exceeding these periods and deadlines does not mean that J.A.N. is in default and does not give the customer the right to dissolve the contract in whole or in part, nor does it give rise to a claim for damages under any title whatsoever.

Delay in delivery or failure to deliver due to the fault of our producers (without any contributory negligence on the part of J.A.N.) shall not constitute fault on the part of J.A.N..

In case of possible exceeding of stated delivery times/delivery dates/periods, the issue must be communicated in writing between the two parties (obligation to inform).

J.A.N. shall in no case be liable for any delay caused by force majeure, strikes, natural disasters, etc. - nor shall any claims whatsoever be admissible against J.A.N., which are derived, for example, from exceeding the stated delivery times/delivery dates/periods, where health, hygiene, pandemic measures, lockdowns can be causally connected.

7. ARA

ARA license 747: statutory disposal fee of 0.8% will be added to the invoice amounts

8. prices 

All prices are in EUR (€) exclusive of VAT and exclusive of transport, freight, packaging and postage costs and exclusive of statutory levy for waste electrical equipment (ERA) and copyright levy (URA). JAN Promotion reserves the right to change prices or increase costs for certificates required for import as well as for possible customs inspections, or unforeseeable price changes of raw materials, import, currency differences, especially those caused by natural disasters, hostilities, strikes and economic crises, etc. These will be charged separately on the invoice at cost. These will be shown separately on the invoice according to expenditure.

9. payment 

Our claims are due for payment upon delivery, at the latest within 30 days from the date of delivery net, for regular customers, new customers and bonus customers by agreement. Payment shall only be deemed to have been effected when the respective amount - free of deductions - has been credited to our account. If expenses arise in connection with the transfer, these shall be borne by the transferor. If a payment is not credited in full to our account in due time due to the use of the bank transfer service, default shall occur. Incoming payments shall first be credited against costs, interest and capital. We shall be entitled to claim interest on arrears in accordance with § 352 of the Austrian Commercial Code (UGB). In the event of default, we shall be reimbursed for all costs associated with the assertion of our claims, including those of out-of-court reminders by lawyers, other reminder and collection expenses. Any discounts, rebates or concessions 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. If the capital claim is not settled then, our reserved property claim remains valid. The customer is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by JAN Promotion, or to offset them against their claims. If after acceptance of the order there are reasonable doubts about the solvency or creditworthiness of the customer, Jan Promotion etc. is entitled to either demand immediate cash payment or security before delivery or to withdraw from the contract and to demand compensation from the customer, especially compensation for expenses already incurred.

10. complaint 

JAN Promotion does not guarantee -without an explicit written promise- a certain usability or usability of the goods. In case of any other loss of rights the customer is obligated to check defects or/and aliud deliveries immediately also regarding the suitability for the intended purpose and to complain about possible defects immediately and with exact description in written form to JAN Promotion. Later complaints cannot be accepted. Deviations in quality, dimensions, design, equipment and material, which are customary in the trade and/or caused by production technology, do not entitle to warranty, nor do deviations in color and dimensions or the like. In any case, our warranty/liability is limited both in scope and amount to the warranty/liability of our supplier, if any, and limited to a maximum of 1 year from delivery. The customer is responsible for proving the existence of a defect at the time of delivery. Defects and faults of a part of the delivery entitle to a price reduction only if JAN Promotion does not provide a replacement within a reasonable period of time according to point 3. If the part of the delivery not affected by the defect or fault is generally usable, the customer can claim rescission only with regard to the difference. Further claims are to be handled according to pt. 5. In the case of orders with advertising, the advertising text shall be part of the order confirmation. In the event of text or logo errors, the customer must object immediately upon receipt of the confirmation. The customer shall bear the liability for text or logo errors that are not complained about in due time or not at all. Subsequent complaints are invalid. At the discretion of JAN Promotion, warranty claims will be fulfilled by improvement within a reasonable period of time or delivery of goods free of defects, or by granting a reasonable price reduction, especially if rectification would not be possible or would only be possible with disproportionately high costs. If the delivered goods are modified, improperly handled or processed by the customer, all warranty claims shall expire. JAN Promotion is only liable for the costs of a remedy of defects carried out by the customer himself, if JAN Promotion has given its written consent to this. Only such properties are considered as warranted which have been expressly guaranteed by us in writing. In case of special orders and custom-made products, exact specifications are required, because JAN Promotion cannot carry out a subsequent exchange or return of goods. Jan Promotion expressly reserves the right to change the assortment. Over- or underdeliveries of special orders or orders with advertising imprint up to 10% are considered as approved.

Complaints of any kind must be made in writing within 10 days after receipt of the goods. Announced returned goods for justified complaints will also only be taken back within this time frame in original packaging and total quantity.

11. return of goods 

The acceptance of a return of goods can only take place with the explicit agreement of JAN Promotion. For the return by a forwarding agency a collection bill issued by JAN Promotion is absolutely necessary. The delivery bill or invoice number has to be indicated on every return shipment. In case of not agreed returns or returns without pick-up bill JAN Promotion can refuse the acceptance. This also applies to goods that are no longer as good as new or labeled. If the agreed return is not due to a justified complaint, JAN Promotion will charge 20% of the value of the goods as a handling fee. Returns, which are not caused by JAN Promotion, have to be sent free to our house in Vienna. We are not responsible for any freight charges. 

12. patents and other industrial property rights

It is expressly agreed that JAN Promotion is not liable for any rights, in particular no industrial property rights of third parties, if the articles are produced according to drawings or original samples of the customer. The customer is obliged to indemnify and hold JAN Promotion harmless in case of any claims of third parties and to compensate JAN Promotion for any resulting damage.

For possible subcontractors applies: Patent & Design Protection / Picture Material

Herewith we would like to state that all your product & person pictures from the catalog, thus products, which we may use as partners, are all patent & design protected and the release exists that one may use and illustrate these pictures.

In the event of any injunctions / claims by third parties, we will be held harmless and would reject and forward claims to you. In case of product problems of any kind, please let us know immediately so that we can act quickly. 

13. retention of title 

The delivered goods remain the property of JAN Promotion until full payment of the purchase price including all additional charges. The buyer is not allowed to pledge the goods or to transfer them by way of security. In case of resale the retention of title extends to the purchase price claim.

If the customer is in default towards JAN Promotion or if he violates one of the obligations resulting from the retention of title, the entire outstanding claim becomes due immediately. JAN Promotion is entitled to demand the surrender of the items in its ownership and to collect them, whereby the customer waives the right to assert a retention for any reason whatsoever. The customer has to bear the costs of the return, which does not represent a withdrawal from the contract. 

14 Place of performance

Place of fulfillment and jurisdiction for all deliveries and payments for both contracting parties is Vienna, namely the seat of JAN Promotion. The contractual relationship is exclusively governed by Austrian law with the exception of the UN Convention on Contracts for the International Sale of Goods.

- See more at: https://www.jan-promotion.at/agb/

 

Status: 28.12.2021