BSOL GmbH - Producing Line department
Siebensterngasse 7/1A - 1070 Wien
Tel: +43 / 1/ 997 1868
UID: ATU 665 499 79
Place of jurisdiction
Handelsgericht Wien (commercial court, Vienna)
Mag. Christoph Zech
MMag. Thomas Köttritsch
BA Ben Jones
BSOL GmbH is solely entitled to the content of this website. All information and images from this website may only be used, copied and / or passed on to third parties with the prior written consent of BSOL GmbH.
1. CONTENT OF THE ONLINE OFFER
BSOL GmbH itself and the content contributors always strive to provide high quality information. BSOL GmbH assumes no liability for the completeness, correctness and topicality of the information provided on this website, or for its unavailability. The information provided may be changed or supplemented without prior notice. Liability claims against the author that relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, provided that no evidence exists to the effect that the author is demonstrably deliberate or grossly negligent. All offers are non-binding.
2. REFERENCES AND LINKS
BSOL GmbH is not responsible for external content that is referred to directly (via link) or indirectly by this website and does not assume any liability in this regard. The provider of these pages is solely responsible for this external content and in particular for any damages resulting from the use or non-use of such information, and not those who merely refers to the respective publication via links. This restriction also applies to external entries in guest books, discussion forums and mailing lists set up by the author.
BSOL GmbH endeavours to observe the copyrights of the graphics, videos, sounds and texts used in all publications, to use graphics, videos, sounds and texts created by itself or to use license-free graphics, sounds and texts. If there is an unmarked graphic, sound or text that is protected by a third party copyright, the author could not determine the copyright. In the event of such an unintentional copyright infringement, the author will remove the corresponding article from its publication after a report or mark it with the corresponding copyright.
4. LEGALITY OF THIS DISCLAIMER
This liability disclaimer is to be regarded as part of the internet offering from which you have been referred to this page. if parts or individual provisions of this text do not, do not fully or no longer correspond to applicable law, the content and validity of the remaining portions of the document shall remain unaffected.
GENERAL TERMS AND CONDITIONS
2. Contracting Party
3. Offer and Acceptance
4. Contractual Text
5. Right to withdraw
6. Prices and delivery fees
9. Retention of ownership
12. General Data Protection Regulation (GDPR)
These general terms and conditions apply to all deliveries from BSOL GmbH to consumers in accordance with section 1, paragraph 1, clause 2 of the Austrian consumer protection act.
The contract of purchase is concluded with:
A - 1070 Wien
Place of jurisdiction – Handelsgericht Wien (commercial court, Vienna)
Managing Director – Mmag Thomas Köttritsch
We are reachable for any and all questions, complaints and objections on weekdays via telephone between 09:00 and 16:00 as well as via email to under Welcome@Produingline.com.
3. OFFER AND ACCEPTANCE
The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. Unless something else is noted for the products, all offers apply "while stocks last". Errors and omissions are expected.
3.2. BINDING ORDERS
A binding order for the goods in the shopping basket is created by clicking on the "Proceed with order" button in the last step of the ordering process. The purchase contract comes into effect immediately after your placing order, if we accept by sending an order confirmation via email immediately after receipt of your order. If a specific delivery date is required, please check availability by phone before ordering.
4. CONTRACTUAL TEXT
General terms and conditions
These terms and conditions apply to all current and future business relationships.
Deviating or supplementary terms and conditions of the customer will not become contractually binding
A “business entity” in the context of these terms and conditions is any natural person or legal entity with whom a business relationship is entered into, which acts in the course of a commercial or independent professional activity, as well as authorities. Consumers within the context of these terms and conditions are natural persons with whom a business relationship is entered into, without this being attributable to a commercial or independent professional activity.
Both consumers and entrepreneurs are to be understood as clients within the context of these terms and conditions.
4.2. ORDERING, ORDER ACCEPTANCE AND DEADLINES
1. Our offers are not legally binding. Our order confirmation only become legally binding after they have been confirmed in writing by us.
2. In the case of orders for which deliveries are made to third parties, the customer shall be seen as the client. If the delivery is made to a third party in their favour or if the recipient of the delivery is enriched in another way by taking possession of and further usage of the delivery, the purchaser and recipient of the delivery shall jointly be seen as the client. By placing such an order, the customer implicitly assures that they have given their consent.
3. When ordering on the account of a third party, regardless of whether it is in one's own or someone else's name, the purchaser and the recipient of the invoice shall jointly count as the contracting authority. A later change to the invoice after invoicing has already taken place at the request of the customer to another invoice recipient means that the invoice recipient has implicitly joined the liability for the invoice. By placing such an order, the customer implicitly assures that the recipient of the invoice has given his consent.
4. Delivery dates are fundamentally to be regarded as non-binding. The dates for the completion of the order specified in the offer or in the order confirmation correspond to the respective planning status. A reasonable grace period must be granted to us in the event of non-compliance. After the fruitless expiry of the grace period, the client has the option to withdraw from the contract. Up to this point, deliveries and services ordered and accepted by the client can be charged by us, unless the client would cause an economically inappropriate disadvantage as a result of being charged.
5. Fixed dates given by us for the provision of services are only valid if we confirm them in writing as a fixed date or binding date. For fixed dates, if the deadline is missed, the client has an immediate right to withdraw from the contract free of charge. Up to the time of the written notice of withdrawal, we can invoice the deliveries and services already performed and accepted by the client, unless the client would experience an unreasonable economic disadvantage as a result of being charged.
6. In the event of force majeure or circumstances that make the execution of accepted orders impracticable or difficult, we are also entitled to withdraw from the order, to reduce the scope of the order or to complete the order accordingly, even if the order has been confirmed and is already in execution, excluding any claims for damages. Any previously agreed deadline is extended by the duration of the delay. However, termination by the client is possible at the earliest four weeks after the disruption described above occurs. Liability on our behalf is excluded in these cases.
4.3. ORDER EXECUTION / CONFIRMATION BY THE CLIENT
1. Unless otherwise agreed in writing, all orders are executed on the basis of the artwork supplied or transmitted by the client. Artwork must be delivered in the file formats specified in our order forms (pdf / X-1a, pdf). Flawless performance is not guaranteed for any data format, unless this format has been approved by us in writing. The client bears full liability for all file formats, for the completeness and correctness of this artwork, even if there are data transmission or data carrier errors, but we are not responsible for them. This also applies to program errors that are not your fault during editing and version changes.
2. Deliveries of all kinds by the client or by a third party engaged by him, this also applies to data carriers and transferred artwork, are not under our obligation to check. In the case of data transfers, the client must use protection programs against computer viruses before sending them, in accordance with the latest technical standards. The backup is the sole responsibility of the client. We are entitled to make copies. Liability for data carriers is excluded despite the most careful treatment.
1. All liability and all types of claims for damages, in particular consequential damages, are rejected and excluded.
We retain the right, including in the absence of the explicit consent from the contracting entity, to send specimen copies from the orders to third parties as quality samples.
4.5. PERIODIC WORK
If contracts are concluded for regularly recurring work, they can be terminated at least three months before the end of a month.
4.6. COMMERCIAL PROPERTY RIGHTS AND COPYRIGHTS
The client bears sole liability if the execution of his order violates the rights of third parties, in particular copyrights. The client declares that he is in possession of the rights to reproduce transmitted documents. The client releases us from all claims by third parties due to a violation of the law.
4.7. WARRANTY, LIABILITY AND RETURN POLICY
1. The client has to check the contractual execution of the delivered goods as well as the preliminary and intermediate products sent for correction. Banner Solutions assumes no liability for this. The same applies to all other declarations of release by the client. Defects are to be reported immediately and in writing.
2. Returns of any kind require prior consultation with us. Returns without postage paid will not be accepted. In the case of justified complaint, we will accept the shipping costs.
3. In the case of colour reproductions in all manufacturing processes, minor deviations from the original or artifacts cannot be objected to. The same applies due to technical reasons for the comparison between templates, previews and printouts even if they were created by us.
4. If the client has not accepted a proof or preview from us when ordering a layout, we will charge a fee for the amount of work performed (50 euros per hour). Complaints will not be accepted in this case.
5. Deviations to the ordered quantity of up to +/- 5% are to be accepted
6. In the event of a defect in the delivered goods for which we are responsible, we are entitled, at our discretion, to repair or replace the goods. If the rectification fails, the customer has the choice between a reduction in the purchase price (max. 10% of the net sales price) or, in serious cases, the cancellation of the contract.
7. Further claims for any legal reason on behalf of the client are excluded. We accept no liability for damage that does not affect the delivered item. This exclusion particularly includes lost profits and other financial losses of the client. This also applies to all damage caused by our employees, representatives and vicarious agents.
8. We are only liable for damage from delay and breach of duty of essential contractual duties insofar as these damages are foreseeable for us.
9. If changes have been made to the delivered item by the client or third parties, our liability is excluded, unless the client proves that the changes are not the cause of the error or damage.
10. We treat all templates handed over to us conscientiously. In the event of damage or loss, we are only liable up to the material value. Further claims of any kind are excluded.
11. The aforementioned limitations of liability do not apply to grossly negligent and wilful behaviour.
12. The statutory warranty regulations apply to consumers.
13. The company is not liable for consequential damage to the delivered goods.
1. Our current price list applies to our products and services, unless other prices confirmed in writing have been agreed with us.
2. The prices are net without statutory VAT.
3. Subsequent changes, After our order has been accepted, changes to the order will be invoiced. Any change to the commercial order data (invoice recipient, delivery address, shipping method, payment method and the like) is also considered a change to an order. Changes at the request of the client will be invoiced at a flat rate of EUR 12 plus sales tax.
4. Changes to delivered or transferred artwork and similar preparatory work that is initiated by the client are calculated separately.
5. We are entitled, not obliged, to carry out the necessary preparatory work independently, in particular on the delivered or transferred data of the customer without consulting them, if this is in the economic interest of the customer or if it helps to meet the completion date of the order. Such works will be calculated by the respective expenditure of time. If the customer incurs additional costs that exceed ten percent of the order value (offer price), the customer's consent to the calculation of these costs must be obtained in advance for the part of the additional costs that exceeds at least EUR 25 plus VAT .
6. If the client cancels an order or the data is not delivered by the agreed date, a processing fee to the amount of EUR 20 plus VAT is due. If the services we have already provided are above this amount, billing is based on these services.
1. The place of performance is the registered office of the company: Vienna.
2. The delivery shall be made to the address which was given by the customer. A different agreement requires our written consent.
3. The goods will be dispatched upon receipt of either the bill or prepayment from the customer. If the net order amount exceeds a value of 1,000 euros, Banner Solutions can demand an advance payment of 50%, from 2,500 euros - 80% of the net order amount. The processing takes place after the transfer of the open payment.
4. As soon as the goods are handed over to a forwarder, carrier or the post office, the customer bears the risk for the goods. The transfer of risk to the client also takes place for free and post-paid house deliveries.
5. Any delivery with external damage is only to be accepted by the client if the forwarder / carrier confirms the damage. Should this not happen all claims for damages against us will be rendered invalid.
4.10. RETENTION OF OWNERSHIP
1. In the case of contracts with consumers, we reserve ownership of the goods delivered until the purchase price has been paid in full. In contracts with entrepreneurs, we reserve ownership of the delivered goods until all claims from the business relationship with us have been paid in full.
2. The claims of the contractual partner from possible resale of the reserved goods are already assigned to us. They serve as insurance to the same extent as the reserved goods. If the reserved goods are sold by the contractual partner together with other goods not sold by us, the assignment of the claim from the resale is only valid in half of the resale value of the reserved goods sold in each case.
3. We must be notified immediately by the contractual partner of any access by third parties to the goods and claims belonging to us.
4. We are entitled to withdraw from the contract in the event of behavior contrary to the contract, in particular in the event of a delay in payment or in violation of one of the above obligations, and to demand the return of the goods.
4.11. PAYMENT TERMS
1. Payment is made either in advance, cash, invoice or cash on delivery. Cash on delivery currently incurs an additional EUR 7.50 fee. If the acceptance of the cash on delivery is refused, we will charge a flat rate for damages in the amount of. EUR 20 plus VAT. However, the client has the opportunity to prove lesser damage, which is then used as a basis. The goods will be invoiced regardless of this.
2. Insofar as cash on delivery is not required due to a written agreement, invoices are payable no later than 4 days after receipt (incl. 2% discount), unless other payment terms have been agreed to in writing.
3. A reasonable advance payment or security by bank guarantee or credit card can be requested for all orders. If the order amount exceeds EUR 1,000 , BSOL GmbH can insist on a down payment of 50% of the net sales price. If the order value is higher than 2,500 euros, an advance payment of 80% can be requested.
4. If the fulfilment of the payment claim is endangered due to a significant deterioration in the financial situation of the client that became known after the conclusion of the contract, we are entitled to request advance payment, retain goods and cease further work. We are also entitled to these rights if the client is in arrears with the payment of deliveries based on the same contractual relationship.
5. The client can only offset claims against us if they have been legally established, are undisputed or have been recognized by us.
6. Rights of retention can only be asserted by the client within the same legal relationship.
7. Claims against us are not transferable.
8. If no payment is received within 10 days of delivery the customer will enter into default. During the delay, the customer has to pay interest on the debt in the amount of 5 percentage points above the base rate. During the delay, the company has to pay interest on the debt in the amount of 8 percentage points above the base rate. We reserve the right to demonstrate and assert greater damage caused by delay to the company.
4.12. BILLING APPROVALS AND CHANGES
The invoices created by us are subject to errors. We can create a new, corrected invoice up to ten weeks after receipt of the invoice by the client. Four weeks after receipt of the invoice by the client, the client is deemed to have accepted the invoice, unless it is reported to us in writing within this period stating the objectionable invoice item. After the four-week period has expired, the invoice cannot be changed. This also applies to changes to the recipient of the invoice or the billing address. The four-week period does not affect the obligation to pay or the obligation to report defects within the shorter periods specified in these terms and conditions.
4.13. COMMERCIAL PRACTISE AND COPYRIGHT
1. In commercial transactions, the commercial customs of the printing industry apply (e.g. no obligation to return intermediate products such as artwork, lithos or printing plates that are created to manufacture the final product), unless a different order has been placed.
2. We reserve all rights for creative services rendered by us on behalf of the customer, in particular graphic designs, image and text marks, layouts etc. (copyright). The client will only pay for this work itself, but not the intellectual property rights, especially not the right of further reproduction. The copyright can be transferred to the client or a third party for a fee if this has been agreed in writing. In this case, the rights become the property of the client or the third party only upon payment of the agreed fee.
4.14. ARTWORK AND ORDER DOCUMENTS OF THE CLIENT AND DATA PROCESSING
1. The data received as a result of the business transaction is only saved for processing in our company.
2. All items provided or sent by the customer, in particular templates, data and data carriers, are only archived after written agreement and for a special fee beyond the time of delivery of the end product. If these things are to be insured, the client must arrange this himself if there is no agreement. We accept no liability whatsoever for damage or loss for any reason.
4.15. RIGHTS OF USE
By ordering and paying the invoice, the client authorizes the contractor to make copies as print samples and to subsequently issue them. This does not apply to works of art and the commercial use of advertising content, but only as a sample.
4.16. APPLICABLE LAW
The law of the Republic of Austria applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
4.17. PACE OF JURISDICTION
The exclusive place of jurisdiction for all claims from the business relationship is Vienna (Vienna Commercial Court), Austria. We are also entitled to sue at the general place of jurisdiction of the customer. This does not apply to consumers.
4.18. SEVERABILITY CLAUSE
Should individual provisions of the contract with the client, including these general terms and conditions, be or become ineffective in whole or in part, this does not affect the validity of the remaining provisions. All or part of the ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to the ineffective one.
5. RIGHT TO CANCEL
Consumer have the legal right to cancel (section 1, paragraph 1, clause 2 of the Austrian consumer protection act).
As a company, you can revoke your contract declaration within two working days without giving reasons in text form (e.g. letter, fax, email) or by returning the item. The period begins at the earliest after receiving an invoice, receiving an order or this instruction. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. However, this does not apply to individually manufactured and printed products. The revocation must be sent to:
A - 1070 Wien
Fax: +43 1 997 1868 – 99
CONSEQUENCES OF CANCELLATION
@ Print Productions: In the event of an effective cancellation (product production), the services received on both sides must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received products or services and uses (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for the use, insofar as the use or the deterioration can be attributed to handling the item that goes beyond checking the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail outlet.
@Event Production: After the deadline (cancellation) of an order, at least 30% of the agreed net amount must be reimbursed, 2 weeks before an event 50% must be reimbursed, at least 80% if the service is booked for an event, but is not required 1 week before the event / is cancelled.
Transportable items are to be returned at our risk. The contracting partner will have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40 euros or if no previously agreed upon partial payment for the goods/services has been received. Otherwise, the returning of the goods will be free of charge.
Obligations to reimburse payments must be fulfilled within 30 days.
Your right of cancellation expires prematurely if your contractual partner has started to perform the service with your express consent before the end of the cancellation period or if you have initiated this yourself (e.g. by downloading etc.).
6. PRICES AND DELIVERY FEES
6.1. The prices stated on the product pages are net prices plus VAT.
6.2. The shipping costs depend on the amount of the ordered goods, the place where the goods are delivered and the type of shipping. This will be clearly communicated to you before you place your binding order. The prices in our product catalogue also include shipping costs within Austria. Exceptions are those products where there is a clear reference to the fact that the net price excludes transportation costs.
7.1. Delivery can only be made within Europe.
7.2. The domestic delivery time can be found on the respective product page. We point out any deviating delivery times on the respective product page and in the shipping options.
7.3. We will inform you immediately if the product cannot be delivered in a timely manner (with a grace period of 10 working days) due to a late delivery from our supplier In this case, you are free to wait for the ordered product or to cancel your order. In the event of cancellation, any consideration already paid will be refunded immediately.
8.1. Payment is made either by cash on delivery, transfer, or cash.
8.2. If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
8.3. You only have the right to offset if your counterclaims have been legally established by a court or recognized by us in writing.
8.4. You can only exercise a right of retention if the claims result from the same contractual relationship.
9. RETENTION OF OWNERSHIP
The goods remain our property until full payment has been made.
The warranty is subject to legal regulations.
PLEASE ALWAYS SEND A COPY OF YOUR ARTWORK: NEVER THE ORIGINAL
Despite the most careful treatment of your data carriers, we have to exclude any liability for destroyed USB sticks, discs, etc.
There are two different types
11.1. CLIENT (Customer)
In this case, the general terms and conditions of BSOL GmbH only apply to the end customer. In this case, the cooperation partner remains untouched.
11.2 CLIENT ( cooperating partner)
If the cooperating partner orders on his own account, he will be put on an equal footing with the customer (including rights and obligations). In this case, the general terms and conditions of BSOL GmbH are decisive.
11.3 COMMISSION PAYMENT
Commission settlement takes place after the end of the quarter. The quarterly months are set from January 1st to March 31st, April 1st to June 30th, July 1st to September 30th and October 1st to December 31st. The key date for crediting a commission is the respective transfer (received in the company account of BSOL GmbH) of the entire outstanding amount. If the full transfer takes place after the end of the quarter, even though the order was completed in the previous quarter, the commission portion will only be credited in the next quarter.
A time window of 21 days after the end of the quarter is agreed for billing. After completion of the quarterly statement, each cooperating partner will receive a list of the commissions by email. If there is no objection within one week (justification via email to firstname.lastname@example.org), the amount of the commission and thus quarterly settlement will be accepted.
If there is an objection, a decision is made within 7 working days in agreement with the cooperating partner. In this point it is stated that Banner Solutions supports its cooperating partners. However, the basis for a decision is always based on existing documents (invoices!). Other evidence (email, verbal agreements) cannot be considered for a payment.
Payment is made within 7 working days. In this context, it is stated that Banner Solutions assumes no liability for incorrect information (account details, etc.).
11.4. ASSIGNMENT OF ORDERS
In this context, a distinction is made between two models:
1. Manual entry of orders:
2. Automated order entry
With the manual entry of orders, offers, orders, etc. are processed by email.
11.4.1 Manual order entry
The manual entry of orders can be based on the following:
An offer for a customer is created on behalf of a cooperating partner. Order forwarding is automatically recorded here by Banner Solutions.
The customer contacts us after the offer has been made. In this case, we assume a recommendation from the cooperating partner, which will credit the commission.
ATTENTION: We can only pass on invoices to our cooperating partners if an offer has been made BEFORE!
If the same customer contacts us and requests a different offer that is not identical to the previous order (the product type is decisive here), this is categorized as a new order. All identical product types of the offer mediated by the cooperating partner are billed exclusively in favour of the cooperating partner.
11.4.2 Automated order entry
Orders are automatically recorded after the implementation of the online web shop at www.b-sol.net.
The aim is to create an improved online tool and thus handling for the respective cooperating partner, which is supported by additional financial incentives. Further information will follow...
Please note that both transactions (manual and automatic) will still be possible.
11.5. OTHER PROVISIONS
1. The rights and obligations of a cooperation partner cannot be transferred to third parties.
2. If the contact details of a cooperation partner change, they are obliged to disclose the new data (especially account details, etc.). Banner Solution assumes no costs for incorrect information.
3. Logo, design and content are protected and may be used by the cooperation partner for advertising purposes. If the cooperation ends, the further use of all documents by Banner Solutions is prohibited.
4. All changes must be made in writing.
12. GENERAL DATA PROTECTION REGULATIONS (GDPR)
We would like to point out that for the purpose of a simpler shopping process and for subsequent contract processing, the web shop operator saves the connection owner's IP data in the form of cookies, as well as the name, address and, if applicable, credit card number [...] of the buyer.
In addition, the following data is also stored with us for the purpose of contract processing: company name, contact person, email addresses, requested and ordered products, VAT number, telephone numbers. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. A data transfer to third parties does not take place, with the exception of the transfer of the credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.
After the purchase process has been cancelled, the data stored by us will be deleted. In the event of a contract being concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) expires.
The data name, address, purchased goods and date of purchase are also stored until the end of product liability (if applicable, 10 years). The data processing takes place on the basis of the legal provisions of section 96 Paragraph 3 TKG as well as article 6 Paragraph 1 lit a (consent) and / or lit b (necessary to fulfill the contract) of the GDPR.
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We have concluded a corresponding contract for order data processing with the provider.
In principle, you have the right to information, correction, deletion, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated, you can complain to the supervisory authority. In Austria this is the data protection authority.
You can contact us using the following:
BSOL Gmbh, Siebensterngasse 7/1, 1070 Wien (Welcome@Producingline.com) | +43 1 997 1868
Data protection officer: DI Martin Dorn