Willkommen bei mapa verlag Postcard Art Panorama
Panoramakarten - Glückwunschkarten
Verlag und Fachgroßhandel
Prof. Peter Jordanstrasse 12-14
A-2331 Vösendorf /Vienna/Austria
Telefon +43 1/699 66 67
Fax +43 1/699 66 68 11
www.mapaverlag.at
mapa@mapaverlag.at
 
 
 
   General Business and Sales Terms and Conditions for Retailers and Firms  
 

General
Goods, services and offers are subject to the terms and conditions. Contradicting or deviating terms and conditions of the customer are only accepted only if we have agreed to such in writing. The acceptance, however, only applies for each individually concluded business transaction. Our terms and conditions shall be regarded as irrevocable framework agreement for all subsequent legal transactions between the parties. Contract completion acts by us are not considered an acceptance of the conditions that deviate from our terms and conditions. We retain the right to alter these terms and conditions at any time.

Offers - prices - the conclusion of the contract
Our offers and prices are non-binding and subject to change and do not include value added tax. For delivery within the EU, the value added tax will be omitted if the parties have provided the appropriate UID number prior to the transaction. Delivery to the customer’s address constitutes fulfillment of the contract. All stated goods, services, prices and shipping costs are valid until further notice. Special requests require a written confirmation. If proposals are submitted with us, they shall be binding to the proposing party until 14 days upon receipt. The invoicing of all business transactions is always conducted in Euros.

Delivery - Delivery Time - Claims
Please refer to our homepage for the current transportation costs within Europe. We charge our customers no additional costs for order processing, packaging and delivery of sales tools. The delivery time for items in-stock is usually 2-6 business days, however, in any case within the statutory delivery time of 30 days upon ordering. For custom orders the delivery period may vary. We are authorized to exceed the delivery date by up to 8 days. Only after this period is the customer authorized to withdraw from the contract after setting a reasonable grace period. Shipping is at the customer's risk. Delivery delays due to force majeure or unforeseen circumstances that are not under our control, and which prevent a timely delivery, do not release the customer from the responsibility to accept delivery. Damage during transport shall be reported to us without delay within 24 hours via e-mail or fax. Such report shall include a detailed description of the damage. Should we agree in writing to a retrieval, the goods (sales tools) must be packaged in a transportation-safe container wrapped appropriately, secured with string (glue), and immediately made available for retrieval. We will make the arrangements for return shipping for any damaged goods or sales tools. Shipping and returns within Europe are done with DHL. We insure each package against damage or loss during shipping with an amount of up to 500 Euros.

Sales Tools
We provide our customers throughout Europe with location-specific sales tools at no additional cost for the duration of the contract. The customer is responsible for safe storage of the sales tools and is liable for costs associated with damage or loss up to the original costs shown on the delivery receipt. We shall not be liable for damages of any nature due to improper positioning of our sales assistance by the business partner or for subsequent damage involving his customers.

Payment terms – Interest for default
The customer may choose the form of payment from the following methods: cash, bank transfer, cash advance, COD or bank guarantee. Payment of the purchase price stated on the invoice is due as shown on the invoice. Customers’ payments are only considered are received on the day upon which the funds are deposited in our business account. For late payments, we have the option to require reimbursement of the actual accrued damages or to charge interest to our bill. After three unsuccessful attempts to collect, we may refer the matter to our lawyers, the costs of which are borne by the customer.

Withdrawal from Contract
A delay in acceptance or payment by the customer entitles us to withdraw from the contract, if the terms of the contract have not yet been fulfilled by both parties.

 

A
In the event of cancellation through the fault of the customer, we are entitled to compensation of damages. Upon late payment by the customer, we are released from all subsequent obligations for shipping and delivery, and retain the right to withhold outstanding shipments or services, to require advance payment or, as the case may be indemnification, or, after a reasonable grace period, to withdraw from the contract. Should the customer, without authorization, seek to withdraw from or cancel the contract, we have the option to enforce the contract or to agree to its cancellation. In the latter case, the customer is obligated to pay for damages in form of a flat fee of twenty percent of the gross invoice amount plus any costs, expenses, etc. In conjunction with custom-made orders, made to customer’s specifications, wishes, or instructions, in the case of the customer’s withdrawal from the contract for whatever reason, the customer shall be liable for actual incidental damages up to the actual value of work completed, not to exceed the contract value. Customer payments already made will be deducted from the total amount.

Trademark Rights - Copyright
The panorama postcard produced and distributed by our company, the Postcard "Art Panorama", is protected by copyright throughout the EU. This applies in particular to the unique and unusual design, artistic layout and production, the details and exclusive upscale processing. Postcard "Art Panorama" is thus clearly and distinctly differentiated from all other panoramic postcards on the market in Europe. All photos, images and motifs are protected by copyright and may not be copied, reproduced or used in any way. Any unlawful use without our explicit written consent will be prosecuted. Photos, graphic designs, samples, catalogs, brochures, pictures and the like as well as all associated user rights remain our intellectual property at all times. User rights may however be acquired from us. Inquiries should be addressed to: mapa@mapaverlag.at

Reservation of Title - Enforcement
All goods will be delivered subject to reservation of ownership and will remain our property until payment is made in full. The enforcement of the reservation of title only results in a withdrawal from the agreement if this is declared explicitly. For returned goods, we are entitled to charge for accrued transportation and handling expenses. If a third party comes into possession of the titled goods, particularly in connection with seizures, the customer is obligated to make note of our property and to inform us immediately. The customer bears the entire risk for the advanced goods, in particular for the risk of loss, safeguarding or loss in value.

Choice of law - Jurisdiction
Austrian law has precedence. The applicability of the UN-purchase right is explicitly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. Jurisdiction for all disputes arising from this contract shall rest with the competent local court in the locality of our firm’s registration No other agreements are recognized. Amendments must be made in writing. Verbal commitments have no effect. Place of performance is the site of our company’s registration.

Privacy Protection - Change of Address
Customer data will be used solely for the purpose of accounting and contract fulfillment in compliance with the Privacy Act and will not be disclosed to third parties. The customer gives his consent for us to electronically store and process all personal data, even data in the sales contract, during the fulfillment of this contract. The customer will notify us of any changes in circumstances, ownership, business owners, business address and e-mail address. Failing this, all notices shall also be considered as delivered when they are delivered to the last known business owner and last known address. For inquiries regarding privacy protection, please contact: mapa@mapaverlag.at