General Terms and Conditions

J.A.N. Promotion GmbH
Schottenfeldgasse 65 / 9, 1070 Vienna
E-mail: info@jan-promotion.at

Commercial register: Vienna Commercial Court, company register no.: FN351297p
Legal form: Trading company with limited liability
Management: John A. Neider
UID-No.: ATU65940477

Status: 10.10.2023

Contents / Copyright

The content of the Internet pages has been carefully edited and checked. However, J.A.N. Promotion GmbH (=JAN Promotion) assumes no liability for the topicality, correctness, completeness or quality of the information provided. JAN Promotion endeavors to observe applicable copyrights in all publications. Should a copyright infringement nevertheless 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 against JAN Promotion arising from these copyright infringements.

General information

These General Terms and Conditions apply to all deliveries and services to the customer or third parties named by the customer. Deviating conditions or ancillary agreements require a written agreement. The customer’s terms and conditions shall be deemed to have been waived even if they are contained in the order confirmation or another document and have not been contradicted by the customer. The customer’s general terms and conditions are expressly rejected. The GTC shall also apply to subsequent transactions, even if they are not referred to again when they are concluded. The contract, order and business language is German.

Orders / Conclusion of contract / Down payment

All orders are accepted or executed on the basis of the following terms and conditions, which shall apply to future deliveries even without repeated notification. By placing an order, the customer expressly accepts these General Terms and Conditions. All agreements, in particular 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. Subsidiary agreements and changes to 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 waived, also for the future. Deviations from these terms and conditions shall only apply with the written consent of JAN Promotion.

JAN Promotion expressly points out that orders shall only be deemed confirmed if they are signed by the responsible person in charge and the managing director, i.e. signed in duplicate. Silence does not constitute acceptance of an order. JAN Promotion is under no obligation to check the documents submitted by the customer for any ambiguities/incompleteness or to check whether they correspond to the agreed contractual purpose. The client is also jointly and severally liable to JAN Promotion if the invoice was issued directly to a third party at the client’s request. In the case of agreed advance payments, the delivery agreement concluded with the customer shall only become effective upon receipt of the agreed advance payment in full by JAN Promotion. Any agreed delivery deadlines (point 6) shall be extended by the period of the delay in payment.

For security reasons, the contract data can no longer be accessed via the Internet. However, they will be sent to you by e-mail.

For orders from other EU countries, please contact us by e-mail.

Offers

All offers are subject to change. The order is only binding for JAN Promotion after written confirmation of acceptance. Business agreements made by telephone, e-mail, fax or through representatives require written confirmation to be legally valid. All offers from JAN Promotion are aimed exclusively at entrepreneurs. By placing an order, the customer expressly confirms that he is an entrepreneur within the meaning of the Austrian Commercial Code (UGB).

Product liability

All claims for damages against JAN Promotion are excluded, irrespective of the legal basis on which they are derived, in particular also in accordance with the provisions of the Product Liability Act for personal injury, property damage and financial loss caused by a defect in the goods, whereby in particular all financial losses, such as claims for compensation for consequential damages, such as loss of production or loss of profit and the like are completely excluded, unless JAN Promotion is guilty of intent or gross negligence. JAN Promotion shall only be liable for those parts of the goods that it has obtained from subcontractors to the extent that it is itself entitled to warranty claims or claims for damages against its subcontractors. JAN Promotion warrants the suitability of the object of purchase exclusively to the extent that it can be used in accordance with the provisions and regulations of the manufacturer or supplier. The customer must ensure that the object of purchase is used as intended and exclusively in accordance with the instructions supplied. In the event of a breach of this obligation, the customer shall not be entitled to any claims against JAN Promotion.

Sample / Catalog

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

Advertising imprints / templates

If, at the customer’s request, an advertising imprint or imprint is to be made in the products to be supplied by JAN Promotion, all associated costs shall be borne by the customer. For technical production reasons, JAN Promotion is entitled to deliver up to 10% more or less of such items.

The customer must provide the advertising impressions or imprints (e.g. photographs, texts, graphics, etc.; in the formats specified by JAN Promotion on time, free of defects and in full. The customer shall bear the risk of transmitting advertising impressions or imprints, in particular the risk of (partial) loss and alteration. In the case of transmission by telephone, the customer shall also bear the risk of audio or typesetting errors.

Minor deviations in format, color and material are reserved. If templates provided by the customer are lost or damaged through the fault of JAN Promotion (gross negligence only), JAN Promotion shall be liable for a maximum amount of EUR 125.00 per order. JAN Promotion shall only produce prints of advertising inserts and imprints if expressly commissioned to do so by the customer in writing. They are considered approved: by written confirmation on the proof sample or by confirmed proof by e-mail (binding)! Any necessary corrections will be charged at cost price.

The customer guarantees that the advertising inserts or imprints do not infringe any third-party rights, in particular the rights of third parties. Copyrights, ancillary copyrights, personality rights, trademark rights, brand rights and design rights, or applicable legal norms, in particular the UWG, the UGB, the MedienG or the StGB. The customer shall fully indemnify and hold JAN Promotion harmless with regard to all third-party claims arising from or in connection with commissioned advertising inserts or imprints. The customer’s obligation to pay compensation includes in particular also all appropriate representation and procedural costs as a result of extrajudicial or judicial defense against third-party claims. In the event of justified acceptance of justifiably raised claims, JAN Promotion may also conclude settlements without the customer’s consent in order to avoid further costs. Furthermore, the customer must support JAN Promotion to the best of its ability in the defense against third-party claims.

Delivery / Shipping

Delivery by JAN Promotion will be made as quickly as possible. Delivery periods and dates are to be understood as estimated periods and dates, even if this is not expressly mentioned, as JAN Promotion itself purchases goods from the Far East, among other places, and therefore has no influence on the delivery periods of its Far East suppliers. Delivery dates or delivery periods shall only have legal effect if they have been expressly agreed as binding in a separate written agreement. Exceeding these periods and deadlines does not mean that JAN Promotion is in default and does not give the customer the right to terminate the contract in whole or in part, nor does it give rise to a claim for damages under any title whatsoever. Delays in delivery or non-delivery due to the fault of our producers (without J.A.N.’s own contributory negligence) do not constitute fault on the part of JAN Promotion. In the event that expressly agreed delivery times/delivery dates/periods are exceeded, the issue must be communicated in writing between the two parties (obligation to inform). And the buyer must request delivery from JAN Promotion in writing by registered letter. Default shall only occur upon its receipt.

JAN Promotion shall under no circumstances be liable for any delay caused by force majeure, in particular strikes or natural disasters (force majeure clause). No claims of any kind whatsoever may be made against JAN Promotion, e.g. if delivery times/delivery dates/periods are exceeded, where health, hygiene, pandemic measures or lockdowns can be causally linked. Furthermore, the customer is obliged to set a grace period of at least 6 weeks, stating that he will refuse to accept the delivery after this grace period has expired. If the grace period set has expired without success, the buyer is obliged to withdraw from the contract in writing by registered letter. However, JAN Promotion is entitled to fulfill the contractual obligation by making partial deliveries. Non-fulfillment of the buyer’s obligations shall constitute contributory negligence. In the event of delayed delivery, JAN Promotion shall only be liable for intent or gross negligence. In the event of a delay in delivery due to force majeure, any liability on the part of JAN Promotion is excluded. Any further liability, in particular for financial losses, is expressly excluded. The same applies to any consequential damage and damage to third parties. If the delivery does not deviate significantly from the order and the deviation is reasonable for the customer, the deviations shall be deemed approved by the customer if this enables or facilitates the delivery. In any case, delivery shall be deemed to have been effected upon dispatch by JAN Promotion, at the latest upon handover to a forwarding agent/carrier. Risk and danger shall pass to the customer at the latest when the goods are handed over to a forwarding agent/carrier.

All products supplied by JAN Promotion, including samples, templates, etc., shall be shipped by post / rail or, at our discretion, by forwarding agent at the expense and risk of the purchaser. Packaging costs will be invoiced separately. Transport insurance will only be taken out at the customer’s request and expense. In the event of loss during or damage in transit, JAN Promotion’s liability is limited to the assignment of any claims against the carrier.

Delivery is always ex works. There are no costs for the customer. JAN Promotion offers free delivery only on request.

ARA

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

Prices

All prices are quoted in EUR (€) exclusive of VAT and excl. Transportation, freight, packaging and postage costs and excl. statutory levy for waste electrical and electronic equipment (WEEE) 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, imports, currency differences, in particular those caused by natural disasters, hostilities, strikes and economic crises, etc. These are shown separately on the invoice according to expenditure.

Payment

Unless otherwise agreed in writing, prepayment applies to new customers. JAN Promotion shall provide the customer with the bank details in the order confirmation at the latest and shall deliver the goods after receipt of payment. Unless otherwise agreed in writing, regular customers have a payment term of 10 days from the invoice date. Payment is only possible by direct bank transfer. Payment shall only be deemed to have been effected when the respective amount – without deduction – has been credited to our account. If expenses are incurred in connection with the transfer, these shall be borne by the remitter. If a payment is not credited to our account in full by the due date due to the use of bank transfers, the customer shall be in default. Incoming payments are first applied to costs, interest and capital. We are entitled to charge interest on arrears in accordance with § 456 UGB and a lump sum of EUR 40 for any collection costs (i.e. in particular reminder fees). In the event of default, we shall also be reimbursed for all additional costs associated with the assertion of our claims, including those of extrajudicial legal reminders and other dunning and collection expenses. Any discounts, rebates or benefits 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, our reserved ownership claim shall remain in force. 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 its claims. If, after acceptance of the order, there are reasonable doubts as to the solvency or creditworthiness of the customer, JAN Promotion etc. shall be entitled either to demand immediate cash payment or the provision of security prior to delivery or to withdraw from the contract and demand compensation from the customer, in particular reimbursement of expenses already incurred.

Complaint

JAN Promotion does not provide any guarantee for a specific usability or usability of the goods without express written consent. In the event of any other loss of rights, the customer is obliged to check defects and/or aliud deliveries immediately, also with regard to their suitability for the intended purpose, and to notify JAN Promotion of any defects immediately and in writing, giving a precise description. Later complaints cannot be accepted. Deviations in quality, dimensions, design, equipment and material that are customary in the trade and/or due to production technology shall not entitle the customer to a warranty, nor shall deviations in color and dimensions or the like. In any case, our warranty/liability shall be limited both in terms of scope and amount to the warranty/liability of our supplier, if any, and limited to a maximum of one year from delivery. The customer is responsible for proving the existence of a defect at the time of handover. Defects and faults in a part of the delivery only entitle the customer to a price reduction if JAN Promotion does not provide a replacement within a reasonable period of time in accordance with point 3. If the part of the delivery not covered by the defect or fault is generally usable, the customer may only demand rescission in respect of the difference. Further claims are excluded in accordance with sec. 5 to be treated. For orders with advertising, the advertising text is part of the order confirmation. In the event of text or logo errors, the customer must raise an objection immediately upon receipt of the confirmation. The customer shall be liable for any text or logo errors that are not reported on time or not reported at all. Subsequent complaints are invalid. At the discretion of JAN Promotion, warranty claims shall be fulfilled by rectification within a reasonable period of time or delivery of defect-free goods, or by granting a reasonable price reduction, in particular if rectification would not be possible or would only be possible at disproportionately high costs. If the delivered goods are modified, improperly handled or processed by the customer, all warranty claims shall lapse. JAN Promotion shall only be liable for the costs of remedying defects itself if it has given its written consent to do so. Only those properties that have been expressly warranted by us in writing shall be deemed warranted. Exact details are required for special orders and custom-made products, as JAN Promotion is unable to exchange or take back goods at a later date. Jan Promotion expressly reserves the right to make changes to the product range. Excess or short deliveries of up to 10% for special orders or orders with advertising imprints shall be deemed approved.

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

Justified complaints do not entitle the customer to withhold the invoice amount. The offsetting of alleged counterclaims against the claim for payment is not permitted unless JAN Promotion has expressly agreed to this.

Return of goods

A return of goods can only be accepted with the express consent of JAN Promotion. A collection bill issued by JAN Promotion is required for returns by a forwarding agent. The delivery bill or invoice number must be stated on every return shipment. JAN Promotion may refuse to accept returns that have not been agreed or returns without a collection bill. This also applies to goods that are no longer in mint condition 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 that were not caused by JAN Promotion must always be sent free to our premises in Vienna and declared accordingly. JAN Promotion cannot be held liable for any freight or customs costs incurred.

Patents and other property rights

It is expressly agreed that JAN Promotion shall not be liable for any rights, in particular no industrial property rights of third parties, should the articles be manufactured according to drawings or original samples of the customer. The customer assumes the obligation to indemnify and hold JAN Promotion harmless in the event that third-party rights are nevertheless asserted and to fully compensate JAN Promotion for any resulting damage.

The following applies to any suppliers: JAN Promotion states that all product and personal images from the catalog, i.e. products that JAN Promotion may use as a partner, are protected by patent and design rights and that the release exists that these images may be used and reproduced. In the event of any dispositions/claims by third parties, JAN Promotion shall be indemnified against claims and claims would be passed on. In the event of product problems of any kind, JAN Promotion requests immediate information in order to be able to act quickly.

Retention of title

The delivered goods remain the property of JAN Promotion until the time of full payment of the purchase price including all ancillary charges. The buyer may neither pledge the goods nor assign them as security. In the event of resale, the retention of title shall extend to the purchase price claim.

If the customer is in default vis-à-vis JAN Promotion or violates one of the obligations arising from the retention of title, the entire outstanding claim shall become due immediately. JAN Promotion is entitled to demand the surrender of the goods in its ownership and to collect them, whereby the customer waives the assertion of a retention for whatever reason. The customer shall bear the costs of the return, which does not constitute a withdrawal from the contract.

Place of fulfillment

The place of performance and jurisdiction for all deliveries and payments for both contractual partners is Vienna, namely the registered office of JAN Promotion. The contractual relationship shall be governed exclusively by Austrian law with the exception of the

UN sales law applies.

Status: October 10, 2023