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General Terms and Conditions for the REFORM Fan Shop Segment

Responsible for contents and illustrations

Wertpräsent Promotion HandelsgmbH & Co.KG

Karl-Schönherr-Strasse 3

A-4600 Wels, Austria


Supplier identification as per ECG §5 Sect.1

Trade register: Landesgericht Wels, Trade register no.: FN 184406k

Handelsgesellschaft mit beschränkter Haftung

Executive director: Helmuth Kratky

VAT ID no. ATU 47638409


Limitation of liability


The content of these pages has been carefully prepared and reviewed. However, Wertpräsent HandelsgmbH & Co.KG does not guarantee the accuracy, completeness or quality of the information provided, or that it is up-to-date.
Liability claims against Wertpräsent HandelsgmbH & Co.KG in respect of material or immaterial damage caused by the use or non-use of the information offered or by inaccurate or incomplete information are, on principle, excluded provided that there is no provable culpable intent or gross negligence on the part of Wertpräsent HandelsgmbH & Co.KG.

Wertpräsent HandelsgmbH & Co.KG expressly reserves the right to alter, amend or delete parts of the site or the entire presence, or to cease publication, without prior notice.


Wertpräsent HandelsgmbH & Co.KG endeavours to comply with applicable copyrights in all its publications. If, in spite of this, an infringement of a copyright should occur, Wertpräsent HandelsgmbH & Co.KG will, after notification, remove the relevant object from its publication or indicate the appropriate copyright.
All brand names and trademarks mentioned on our Internet presence that may be protected by third parties are, without limitation, subject to the provisions of the law on trademarks and the property rights of the registered owners. The mere fact that they have been mentioned should not be taken to mean that trademarks are not protected by third-party rights.
Wertpräsent HandelsgmbH & Co.KG holds sole copyright to the content of Wertpräsent HandelsgmbH & Co.KG on this domain.
Reproduction of graphics, sounds or texts in other electronic or printed publications is not permitted without the express consent of Wertpräsent HandelsgmbH & Co.KG.

Legal validity

This limitation of liability is to be regarded as part of the Internet presence from which you were referred to this page. Should parts or individual forms of wording in this text not, no longer or not fully comply with applicable law, this shall not affect the content or validity of the remaining parts of the document.

Terms of sale and delivery

1. Orders

All orders will be accepted and processed under the following conditions, which will also remain in effect without their being expressly repeated for future deliveries. By placing an order, orderers explicitly accept these delivery terms. All agreements, in particular verbal agreements with agents of the seller, as well as orders by telephone, require written confirmation.

2. Offers

All offers are subject to change. The order does not become binding until after the written order is confirmed. Business agreements by telephone, e-mail, telefax or by agents require written confirmation to be legally effective.

3. Product liability

All damage claims against us are excluded, irrespective of their legal basis. This applies in particular, pursuant to the provisions of the product liability law, to personal, material and financial damages, which were caused by defective merchandise. In particular, claims for consequential damages such as loss of production or loss of profit and the like are completely excluded, except when we are at fault due to intent or gross negligence. For those parts of the merchandise that have been provided to us by sub-suppliers, we are only liable to the extent that we can apply warranty or damage claims against our sub-suppliers.
The supplier (Wertpräsent Promotion HandelsgmbH & Co.KG) hereby provides the warranty with respect to the suitability of the merchandise exclusively to the effect that the merchandise is useable in accordance with the regulations and instructions of the manufacturer and/or supplier. The buyer shall ensure that the merchandise is used for its intended purpose and exclusively according to the enclosed instructions. Should this agreement be violated, the buyer will forfeit any claims against the supplier.

4. Delivery

The buyer shall bear the cost and risk of delivery. Agreed-upon delivery times will start from the date of our order confirmation.
Damage claims due to untimely delivery or withdrawal from the contract are excluded in any case. Operational disruptions due to force majeure in our own business or at the manufacturer will release us from adhering to agreed-upon delivery times. Partial deliveries already made must be accepted and paid for by the orderer.
Partial deliveries and partial invoices are permissible; partial deliveries must be paid for by the orderer as per the agreed-on conditions of payment. The orderer shall only be entitled to withdraw from the contract if an agreed-upon delivery time has been exceeded by more than 6 weeks and the orderer has granted an additional allowance of 6 weeks for completing the delivery. Should the orderer not accept the merchandise, we shall be entitled to withdraw from the contract and/or claim damages because of non-fulfillment, with 2 weeks notice. We shall be entitled to either claim damages at the amount of 30% of the agreed-upon order value without proof of loss, or compensation in the actual damage amount. Insurance and packaging will be invoiced at cost.

5. Shipping

Shipping is performed ex works. For technical reasons, we reserve the right of up to 10% excess or short delivery for orders with advertising features. We also reserve the right to have small deviations in size, colour and material.

6. Prices

All prices are in Euro (EUR) exclusive of statutory VAT. Price changes are reserved.

7. Payment

Conditions of payment are printed on the front side according to agreement.
Otherwise, 20 days net apply. In the case of payment delays, default interest of at least 5% above the applicable ECB discount rate will be charged. The orderer is not entitled to withhold payment because of warranty claims or other counterclaims not acknowledged by us or to offset payment against our claims. If, after acceptance of the order, justified doubts arise with respect to the orderer's solvency or creditworthiness, we shall be entitled to demand either immediate payment or a security deposit prior to delivery, or to withdraw from the contract and claim damages from the orderer; in particular, we shall be entitled to compensation for expenditures already made.

8. Complaints

Complaints can only be lodged within one business day after receipt of the merchandise. In the case of damaged shipments, immediate damage determination by the deliverer (carrier, postal services or railway) must be initiated; otherwise, we will decline any claim adjustment. For orders with advertising features, the advertising copy is part of the order confirmation. In the event of copy errors, the purchaser must raise objection immediately after receipt of the confirmation. The responsibility for copy errors not reported to us in time passes to the purchaser.
Subsequent complaints will not be accepted. At our discretion, warranty claims can be fulfilled by improvement or delivery of defect-free merchandise, but also by applying an appropriate price reduction, especially if improvement is not possible or only possible at disproportionately high cost. If the delivered merchandise is altered, improperly handled or processed by the orderer, all warranty obligations on our part will cease.
We are only responsible for costs for the correction of defects performed by the orderer after our written consent to this action. Only those properties that have been warranted by us explicitly and in writing shall be deemed as warranted. Exact specifications are required for special orders and special designs, since we cannot accept any subsequent exchange or return of such merchandise. Merchandise changes are reserved.
Deviations that are customary in the trade, for example in quality, dimension, design, equipment, material and colour shall not be used to justify complaints. We are entitled to excess or short deliveries of up to 10% for special orders or orders with advertising features.

9. Merchandise returns

Merchandise returns can only be accepted with our explicit agreement. For returns via carrier, a return label issued by us is mandatory. Each return shipment must be accompanied by the delivery note number or invoice number. We reserve the right to decline acceptance of unauthorized return shipments and return shipments without a return label.
This also applies to merchandise that is no longer new or or is not labeled. If the agreed-upon return shipment is not based on a justified complaint, we will charge a handling fee of 20% of the merchandise value.
Return shipments that have not been caused by Wertpräsent Promotion HandelsgmbH & Co.KG must always be sent carriage paid to our location in Wels, Austria. We will not cover any freight cost.

10. Patents and other property rights

If we produce merchandise as per drawings or original samples of the orderer, it is deemed as explicitly agreed upon that we will not be held liable for any property rights, in particular the property rights of third parties. Should the rights of third parties be asserted, the orderer shall be obliged to hold us free from damages and claims, and to fully compensate us for any damages arising from this.

11. Reservation of proprietary rights

The delivered merchandise shall remain the property of the seller until the purchase price, including all ancillary fees, has been paid in full. Should the orderer delay the payment or infringe on any of the responsibilities resulting from the reservation of proprietary rights, the full outstanding amount shall become due immediately. We shall not be entitled to demand the surrender of our property and to retrieve said property; the orderer shall not withhold said property for any reason whatsoever. The cost of the return, which will not be considered withdrawal from the contract, shall be borne by the orderer.

12. Place of fulfillment

The place of fulfillment and the jurisdictional venue regarding deliveries and payments for both contracting partners is Wels, Austria. The contractual relationship is governed exclusively by Austrian law, except for CISG.

13. EDP data

Data that is necessary for order processing and accounting, such as name, address, order and accounting data of the orderer, will be stored in our electronic data processing system. We will use the stored data only within the framework of legal regulations.

14. Provisions

Should one or several provisions herein be or become invalid, such invalidity shall not affect the validity of the other provisions or the contract itself. Any invalid provisions will be substituted by new provisions that most best accomplish the economic objective of the invalid provision(s).