General terms and conditions of business
1. General
1.1. All offers, business transactions, deliveries, and services provided by hi5branding GmbH are subject to the General Terms and Conditions (hereinafter referred to as "GTC") in their current version, even if they are not explicitly mentioned during verbal negotiations. By placing an order, the client confirms having read and accepted the GTC in their entirety. Any terms and conditions of the client are invalid and excluded from this legal transaction and business relationship. Deviations from these GTC require written consent from hi5branding GmbH to be legally valid.
1.2. All contracts, amendments, additions, and suggestions must be agreed upon in writing (letter, email). Verbal agreements and arrangements are not legally binding, and silence on the part of hi5branding GmbH regarding changes to the terms and conditions of the contract shall in no case be deemed acceptance. Inquiries from customers, as well as offers and cost estimates from hi5branding GmbH, are always non-binding and do not constitute any obligation. The legal transaction only becomes mutually binding upon receipt of an order confirmation (in written form) from hi5branding GmbH. The customer is obligated to review the order confirmation and to notify hi5branding GmbH in writing of any discrepancies from the order immediately (no later than one day after receipt of the order confirmation). Otherwise, the order shall be deemed approved. It should be noted that any verbal agreement is invalid.
1.3. The basis for fulfilling the agreed services is the order placed by the client, as well as the provision of all necessary data, information, and documents. hi5branding GmbH has no obligation to verify the data, information, and documents provided. The client guarantees their accuracy, completeness, and freedom from third-party rights (e.g., copyright, trademark rights, other rights). For necessary post-processing of the transmitted data (conversion, resizing), the client will be billed at an hourly rate of EUR 80 net, depending on the effort involved.
1.4. All product characteristics mentioned, in whatever form, in brochures, price lists, product descriptions and other communications, only indicate an approximate description and reflect only approximate values.
1.5 Unless expressly agreed otherwise, hi5branding GmbH reserves the right to list all customers who have used the services of hi5branding GmbH as references.
2nd payment
The place of performance for payment is Vienna. Invoices are due net 14 days after the invoice date without deduction. For orders exceeding €10,000, a 50% deposit is required upon placement of the order. If the deposit is not paid, hi5branding GmbH is not bound by the order.
In the event of late payment by the customer, hi5branding GmbH is entitled to invoice the customer for all resulting costs (reminder fees, collection costs). Furthermore, hi5branding GmbH reserves the right to charge standard market interest on overdue payments.
3rd delivery
Unless expressly agreed otherwise, delivery is ex works Vienna at the buyer's expense and risk. The agreed delivery period generally applies. In cases where no specific delivery period has been expressly agreed, a delivery period of 6 to 8 weeks from the date of order applies.
4. Retention of title
The delivered goods remain the property of hi5branding GmbH until all outstanding payments from the business relationship have been received in full. In the event of late payment, hi5branding GmbH is entitled to demand the return of the goods subject to retention of title. Resale of the goods subject to retention of title is only permitted after full payment has been received. In the event of seizure or other enforcement measures, the customer is obligated to inform hi5branding GmbH immediately. The customer shall bear all costs incurred in enforcing our rights under the retention of title.
5. Warranty
The customer must notify hi5branding GmbH in writing of any defects immediately upon receipt of the goods, but no later than three days thereafter. Failure to notify hi5branding GmbH of any defects within this timeframe will result in the forfeiture of any warranty claims.
If the notice of defects is properly given, hi5branding GmbH reserves the right, within the scope of the warranty or liability, to remedy the damage at its own discretion by improvement, free replacement or credit note against return of the goods that are the subject of the contract.
Minor deviations in format, color and quality of the goods, as well as wear parts, do not constitute grounds for a warranty claim.
hi5branding GmbH is liable for damages only if intent or gross negligence can be proven. In any case, liability for consequential damages and financial losses, in particular due to delay, impossibility of performance, lost profits, expected but unrealized savings, damages arising from third-party claims against the client, indirect damages, and damage to recorded data is excluded to the extent permitted by law.
6. Place of jurisdiction and performance
This contractual relationship is governed exclusively by Austrian law. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The place of performance for delivery, payment, and all obligations of the customer to hi5branding GmbH is the registered office of hi5branding GmbH, currently Vienna. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of hi5branding GmbH shall have exclusive and local jurisdiction to decide all disputes arising therefrom.