Terms and Conditions
Terms and Conditions (Delivery and Payment Conditions)
As of November 2024
I. Validity
All deliveries, services and offers provided by our company are covered by these terms and conditions. We do not accept any contrary conditions or any conditions offered by customers that differ from the ones stated here unless we have accepted their validity explicitly in writing. We do not consider any actions carried out on our part to fulfil a contract as an agreement to terms and conditions different to those stated here. These terms and conditions apply as a general framework for all transactions between contract parties. These terms and conditions remain binding, when individual parts thereof are no longer in effect for any reason.
II. Conclusion of Contract
Customer offers require an order confirmation. The dispatch of goods ordered by a customer is also considered to be the conclusion of the contract.
III. Price
(1) All prices given are in euros and include Value Added Tax (VAT), unless stated otherwise. Prices offered to customers are valid on the condition that the order details upon which the offer was made remain unchanged.
(2) Two samples of each typeset are include in the contract. There are additional costs for three or more samples per typeset, depending on the expense incurred. All costs incurred are to be paid should there be no go-ahead given for printing.
(3) All prices are ex-works. They do not include freight, delivery, insurance, and other additional delivery costs. Only the packaging (cover) of the printed materials is included. Should the customer want special packaging (cardboard, box, palette, crate), these must be paid for additionally.
(4) Changes to orders or additional orders can be charged for at the appropriate rate.
(5) Custom-made samples and designs for customers always remain the property of the contractor and are charged for separately, even when the contract is not completed. The customer carries the costs of data transfer (e.g. by fax, email, removable storage device).
(6) The contractor has no liability and provides no warranty for transcription and data errors caused by the customer.
IV. Conditions of Payment, Interest Charges
(1) Payments (net price with additional Value Added Tax) are to be made upon the transfer of the goods to the customer either in cash or by means of electronic payment, payable immediately after receipt of the invoice without discount, unless agreed otherwise.
(2) Discounts require a special agreement.
(3) Any discount agreement is void in the case of payment defaults, also in the case of part payments or instalments. Payment has only been made when the amount owed is in our account or received at our cash desk. We are entitled to charge the legally permitted rate of interest on all payments defaulted upon by customers. The contractor is entitled to request advance payment for special materials and preparation needed for specific orders.
(4) The contractor is not obliged to fulfil the contract before an advance payment is made, if such a payment is requested. Any claims or damage arising therefrom (e.g. failure to keep to delivery deadlines) are at the expense of the customer.
(5) The customer can only offset losses through proving there is an undisputed, legally binding claim.
V. Contract Termination
(1) We are entitled to terminate the contract due to delays in acceptance or for other important reasons, e.g. customer insolvency or the rejection of a bankruptcy petition due to insufficient assets, as well as a payment default by the customer, as long as it has not been fulfilled in its entirety by both parties.
(2) Should the contract be cancelled due to customer fault, the contractor has the right to damages equivalent to a flat 15 % of the gross invoice sum or compensation for the actual costs incurred.
(3) All further services and delivery obligations are no longer binding should the customer default on payment. Additionally, the contractor has the right to withhold all outstanding deliveries and services and request advances and securities, as well as to withdraw from the contract after the setting of an appropriate deadline.
(4) Should the customer withdraw from the contract without prior agreement or demand it be rescinded, we have the right to insist on fulfilment of the order or agree to the cancellation of the contract. In the case of the latter, the customer is obliged to pay 15 % of the gross invoice sum or the actual costs incurred, as determined by the contractor.
VI. Reminder and Debt Collection Fees
(1) In the case of default, the party to the contract (customer) is obliged to reimburse the creditor for any reminder and debt collection fees incurred for legal action required should it arise, in line with the provisions stated by the Austrian Federal Ministry for Digital and Economic Affairs (BMDW) on the maximum rates for fees charged by debt collection agencies.
(2) Should the creditor conduct the reminder process itself, the debtor is obliged to pay a fee of €6.00 for every payment reminder sent and € 10.00 for every demand note sent.
VII. Delivery Deadlines
(1) The delivery deadline begins on the day the order is taken by the contractor, provided all order documentation is clear and explicit and is available to the contractor and there are no deviations from the order confirmation. It ends on the day the goods leave the premises of the contractor.
(2) All delivery deadlines agreed upon are generally approximate unless agreed to being binding explicitly in writing. Delivery times may extend depending on the length of time needed for the checking of the printing proofs by the customer. The customer only has the right to request fulfilment due to delay or request the termination of the contract after a reasonable grace period has been agreed upon. The grace period must take into account the type and size of the order.
The level of damages payable by the contractor is limited to the value of contract (i.e. own work except preparation and materials) should the contractor cause the damage (except in cases of gross negligence). Any loss of profit cannot be claimed for.
(3) Delivery times may be extended for a reasonable amount of time should there be an Act of God or force majeure or other unforeseeable or exceptional circumstances, as well as circumstances that are out of the control of the contractor, such as material procurement difficulties, stoppages in operations, strikes, lockouts, lack of transportation, official intervention, energy supply difficulties etc. – also when they affect suppliers and sub-suppliers, when the customer fails to fulfil their obligations. Should delivery and service be deemed impossible or unreasonable due to the circumstances mentioned, the customer is released from their obligations. In the case of delivery delays of longer than two months, the customer has the right to withdraw from the contract. The customer is not entitled to make claims in cases when there are delivery time extensions or the contractor has been freed from its obligations. The contractor can only invoke such conditions if it has notified the customer about the situation immediately.
VIII. Delivery, Transportation, Acceptance Delays
(1) All deliveries are ex-works and are at the expense and risk of the customer, unless agreed otherwise. Freight insurance is only concluded on the express request and expense of the customer. All risks are transferred to the customer as soon as the delivery is handed to the carrier or as soon as the delivery has left the contractor’s storage facility. All risks are transferred to customer upon notification of dispatch should the delivery be delayed upon the request of the customer.
(2) The actual costs for the transportation and shipment to the delivery address given by the customer will be charged including an appropriate administration fee. The minimum charge will be the typical rate for freight and transportation for the chosen mode of transport on the date of delivery.
IX. Typesetting and Printing Errors
(1) The customer is obliged to check the samples sent by post, email, and fax or in the store for possible errors, as well as the overall optical impression of these samples. The samples are vital for the printing of the order and customer approval of the samples relieves the contractor of all responsibility for printing and positioning errors.
(2) Should the contractor not provide a prepress proof, the contractor shall be liable for any errors and inaccuracies made by it in the press run.
X. Claims
(1) The customer shall always check proofs sent for correction. All risks related to possible errors are the responsibility of the customer once the proofs receive approval insofar as this does not relate to errors which occur as a result of the subsequent production process or can only be seen at this time. This is also the case for all other declarations of acceptance given by the customer for further production.
(2) Notices for claims (defect notices) for obvious defects must be made directly to the contractor within 3 days of receiving the goods. Should there be a legitimate complaint, the contractor is obliged to rectify, rework and/or make a replacement delivery up to the value of the contract should a requested feature be omitted or the contractor or its subcontractor be found culpable of misconduct or gross negligence, at the contractor’s own discretion and excluding any other claims. This also holds true for legitimate complaints relating to the reworking or replacement delivery of goods. In the case of delayed, omitted, or flawed reworking or replacement deliveries of goods, the customer may request a discount on the goods in question or may cancel the contract. The contractor has no liability for subsequent damage to goods as a result of defects unless it or its subcontractors are culpable of misconduct or gross negligence.
(3) Complaints for rejected goods must be notified to the contractor in precise details within the above time limit or the goods will be considered as accepted. Rejected goods must be returned to the contractor in their entirety.
(4) Should the customer order request the further processing of printed materials, the contractor has no liability for damage caused to product to be improved or processed, as long as the damage has not been caused through misconduct or gross negligence on its part.
(5) These rules apply to delivered instalments of part deliveries. Damage to parts of a delivery is not cause for complaint about an entire delivery.
(6) Minor differences in colour are not cause for complaint in the case of colour reproductions.
(7) The contractor is not liable for damage caused by inadequate or unsuitable storage of the goods by the customer.
XI. Data and Templates provided
(1) The contractor has no direct or indirect liability for errors in or caused by printing equipment provided by the customer, as well as errors in the end-product resulting from defective data provided by the customer. Should the customer request an inspection of goods by the contractor, this and any potential corrections shall be charged for separately.
(2) All data protection obligations fall onto the customer. The contractor is permitted to make a copy independently of this.
(3) The contractor is liable for manuscripts, designs, templates, print moulds, slides, films, data storage devices and other documentation up to a point of time 4 weeks after the completion of the order. The contractor has no liability for documentation that the customer has not requested to be returned after this point. The contractor is not obliged to keep such documentation or objects for reuse longer than up to this point of time.
XII. Storage of Printed Materials
(1) The contractor has no obligation to store printed materials, printing moulds, montages, data storage devices, films, and papers etc. after the completion of production, unless there is a specific agreement with the customer. In this instance, the customer bears the costs incurred and the risks associated with storage. In cases in which temporary storage has been expressly agreed upon with the contractor, the company is only liable for damage that may occur to goods during the agreed storage period caused by misconduct or gross negligence. The contractor is not obliged to take out risk insurance coverage for the stored goods.
(2) The contractor may charge the customer for the storage of finished or semi-finished products according to the specific freight tariff for commercial products. Any temporary waiver of storage compensation is not a waiver of compensation for storage for goods kept by the contractor. Charges are billed in retrospect for each three-month period. The agreed storage of typesetting and other printing equipment is null and void should the customer not pay the costs incurred within 4 weeks.
XIII. Place of Execution
The place of execution is our company headquarters.
XIV. Liability Limitations
(1) All claims for damages resulting from slight negligence are excluded. The customer is obliged to provide proof in any claim for slight or gross negligence in cases of non-consumer business. Should any claim be non-consumer related, the right to claim for damages is limited to three years from the transfer of the risk.
(2) Claims for damages due to the inability or impossibility to provide a service are excluded.
(3) The limitations on liability herein extend to the contractor’s subcontractors and procurement partners to the same degree.
(4) The objects delivered can only meet the degree of safety the specific qualities of the materials allow.
XV. Ownership of Printing Data
(1) a. All the work tools and intermediate products, in particular lettering fonts and typesets, data storage devices, printing plates, embossing, films and other equipment (printing equipment) used in the production of the printed materials stated in the contract by the contractor remain its property, even when the customer pays for the replacement value of these tools and products or is charged extra for them. The transfer of use is also not permitted.
(1) b. In addition to Point (1) a., it is expressly agreed that intermediate printing products such as stamp embossing plates and copperplate printing plates are not transferred to the customer, even when the customer pays for the replacement value of these tools and products or is charged extra for them. The transfer of use is also not permitted.
(2) This also applies to equipment and intermediate products (printing equipment) made by other companies on behalf of the contractor.
XVI. Retention of Property Rights and Enforcement
(1) All goods delivered are the property of the contractor and remain its property until full payment is received. The enforcement of the right of retention only results in the termination of the contract when this termination is expressly stated.
(2) We are entitled to charge for all transportation and handling expenses when taking back goods.
(3) Should third parties attempt to impound the retained goods – in particular during seizures – the customer is obliged to inform such third parties about our property and notify us of such actions immediately. The customer carries the entire risk for the retained goods, in particular for risks in relation to destruction, loss or damage.
XVII. Withholding Rights
The customer has the right to withhold only an appropriate part of the total sum charged and not the complete sum in the case of a legitimate claim, except in cases of contract cancellation, unless the order is consumer-related by nature.
XVIII. Governing Law, Legal Venue
The governing law is Austrian law. The use of UN Sales Law is expressly forbidden. The contract language is German. The legal venue for all legal disputes is the appropriate court in Vienna. Should the claim not be related to consumer business, the appropriate court at the headquarters of the company is solely responsible for decisions relating to all legal disputes stemming from this contract.
XIX. Data Protection
(1) Legal basis: the EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Amendment Act 2018 provide the right to protection of personal data. We only process your data in line with the valid legal provisions (GDPR, DPA, TCA 2003).
Person Responsible: Johannes Huber-Pock, BA This email address is being protected from spambots. You need JavaScript enabled to view it. or Deputy Mag. Pia Huber-Pock This email address is being protected from spambots. You need JavaScript enabled to view it., Fischer & Huber-Pock GmbH, Weihburggasse 4, 1010 Vienna.
Upon entering into a contract, all data from that contract, namely form of address, first name, family name, title, street, house number, postal code, location, state, country, e-mail address, telephone number, company and purchase data needed to fulfil the contract and possible future orders in line with legal retention obligations and for the average life cycle of printing plates and stamp embossing plates will be processed, used, and stored with your permission for up to 50 years.
The data provided is necessary for the fulfilment of the contract and for the conducting of pre-contract-related measures. The contract cannot be concluded without this data. Any transfer of data to third parties (subcontractor that has also confirmed to the contractor that it will comply with the current provisions laid out in the GDPR) only takes places when necessary in order to fulfil the contract or when needed by a transport or delivery partner in order to deliver goods or by our tax advisor in order to allow us to fulfil our tax reporting obligations. In the case of payment by credit card, the data will be transferred to the bank or payment service provider processing the payment in order to debit the purchase price.
(2) Newsletter: You can subscribe to our newsletter via our website. In order to do this, we require your e-mail address and your agreement to receive the newsletter. When you subscribe to the newsletter, we will send you a confirmation by e-mail with a link to confirm the registration. You can cancel your subscription to the newsletter at any time. Send a cancellation note to the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it., and we will delete your data for further newsletter use.
(3) Initial contact: When you contact us via the e-mail address on our website, we will use the data provided solely for the purpose of processing your request. This data will not be transferred to third parties without your permission. In certain cases, it may be necessary (e.g. for specific offers) to process your data further and record it separately.
(4) Data storage: we record your personal data, namely name, address, contact, company and purchase data in order to fulfil the order or potential future orders within the realms needed for our business. We may transfer data to subcontractors in line with the legal requirements stipulated and may process, use, and store data for the average life cycle of printing plates and stamp embossing plates for up to 50 years, with the permission we obtain from you at order placement. These subcontractors are required by the contractor to comply with the provisions laid out in the current data protection regulations. All contract agreements are subject to Art. 28 of the GDPR.
(5) Log data/Server logs: Each time our website is accessed, the user data is transmitted via the internet browser used and saved in a data log (server logfile) on the web server used by the contractor. The data consists of the following information: name/URL of the website visited, host name of the provider used, date and time of the server search, browser type and version, operating system, and URL of the previously visited site (referrer URL). The log data is used for the statistical evaluation of operating purposes, safety, and optimisation of our website. This data is not integrated with other data sources. We have the right to check this data should there be concrete suspicion that the data is being used in an illegal manner.
Our hosting provider is iTronic (Emil Raab-Straße 8a, 2500 Baden, www.itronic.at).
(6) Your rights: You have the right to receive information relating to your personal data at all times. You have the right to request the deleting of data or oppose its use when there are no further legal requirements to store the data after the fulfilment of the order placed. In any case, we are required to uphold all legal storage and retention limitations. Any individuals affected by this are required to prove their identity in the form required in order to prevent the misuse of data.
Furthermore, you have the right to the correction of data, limitations in its processing, the transfer of data and to make a complaint to the Austrian data protection authority (Österreichische Datenschutzbehörde, Wickenburggasse 8-10, 1080 Vienna, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.).
(7) Contact: Please feel free to contact us using the e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it. for questions relating to data protection.
XV. Changes of Address
The customer is obliged to notify us of any changes to their home or company address up to the point the contract is completed in full. Should any change be unnotified, the address considered to be the delivery address is the last known address given.
XXI. Intellectual Property
(1) Sketches and other technical documentation, as well as samples, catalogues, brochures, images, and the like are intellectual property of the contractor. The customer does not have any right of exploitation or use.
(2) The customer is required to obtain permission of use (exploitation rights) for copyrighted texts and images etc., transfer that right to the contractor and confirm this in writing.
If the contractor is the owner of the copyright and intellectual property rights of the goods delivered or of parts thereof, the customer only obtains the non-exclusive right to distribute the goods delivered. In general, the contractor retains the user rights, in particular in relation to the right of reproduction.
(3) The contractor has the exclusive right to use reproduction materials it produces (typesetting, processed data, removable storage devices, films, repros etc.) and printed materials for the making of reproduction items. It is not obliged to surrender such reproduction materials, also for use.
(4) The contractor is not obliged to check whether the customer has any right to reproduce templates of any kind, alter or process them in line with the contract or use them in the designated manner, but has the right to assume that the customer has obtained all third-party rights necessary for the processing of the order. The customer must assure the contractor explicitly that he or she has obtained these rights.
(5) Should the customer provide typeset and application software need to further process the data provided, the customer must assure the contractor that he or she has the right for its limited transfer of use. The contractor assures the customer that such typeset and application software will be used only for the specific order.
(6) The customer is obliged to indemnify the contractor against potential damage or legal action from claims by third parties due to infringements of copyright and protection rights, as well as other commercial protection rights and personal privacy and protection rights. The customer must inform the contractor of such claims immediately in order for the contractor to take the appropriate legal actions. Should the customer not be a co-plaintiff with the contractor, the contractor has the right to acknowledge the right of the claimant and to remain indemnified by the customer without regard to the legality of the claim made.
(7) The content and structure of this website are protected by copyright. The reproduction of information or data, in particular the use of (texts, parts of texts) or images, requires the prior consent of Fischer & Huber-Pock GmbH.
XXII. Right of Retention
The contractor has the right to retain the templates, slides, printing blocks, films, repros, manuscripts, data storage devices, raw materials and other items provided by the customer until all outstanding debts arising from the business relationship are settled.
XXIII. Names and Brand Imprints (Imprints)
The contractor has the right to place its brand name on the items to be produced without additional permission from the customer.
All legal warranty regulations apply!
XXIV. Ordering Process and Contract Conclusion in the Online Shop
The offers available in our online shop are a non-binding presentation of our products for customers wishing to make orders or have goods produced for them. The customer may select the desired product in the online shop and move it into the shopping cart without obligation by clicking the button “add to shopping cart”. The contents of the customer shopping cart are accessible at all times. The customer can delete the product from the shopping cart by clicking the “x” button at any time. The customer may end the order process completely by closing the browser window at any time. The customer has the right to select possible data and payment forms, and delivery options etc. as part of the ordering process. The customer enters into a binding offer and purchase contract by clicking on the button “order subject to payment”. The customer can make an order as a registered user or guest. Entering a login and password are all that is required for a registered user to make further orders. The access data given is always encrypted for data transfer. The customer accepts and acknowledges the terms and conditions and data protection declaration of the contractor by clicking the “order subject to payment” button on the check-out page.
XXV. Prices in the Online Shop
Prices are valid at the time of order placement including Value-Added Tax (VAT) and delivery charges. Prices are clearly displayed before an order is made in the shopping cart and in the email sent as the order confirmation. All orders are in euros.
XXVI. Payments in the Online Shop
Delivery is made following payment by credit card (Visa, Mastercard), by immediate transfer or via Paypal.
XXVII. Saving of Customer Data and Order Data in the Online Shop
All the details of each of your orders (type or size of order, price etc.) are saved by the contractor. The provisions covering this are detailed in Point XIX of these terms and conditions.
When an order is made, all the data from the business relationship, namely form of address, first name, family name, title, street, house number, postal code, location, state, country, e-mail address, telephone number, company and purchase data needed to fulfil the contract and possible future orders in line with legal retention obligations and for the average life cycle of printing plates and stamp embossing plates will be processed, used, and stored with your permission for up to 50 years.
The data provided is necessary for the fulfilment of the contract and for the conducting of pre-contract-related measures. The contract cannot be entered into without this data. Any transfer of data to third parties (subcontractor that has also confirmed to the contractor that it will comply with the current provisions laid out in the GDPR) only takes places when necessary in order to fulfil the contract or when needed by a transport or delivery partner in order to deliver goods or by our tax advisor in order to allow us to fulfil our tax reporting obligations. In the case of payment by credit card, the data will be transferred to the bank or payment service provider processing the payment in order to debit the purchase price.
The contractor is obliged to make such data available should legal requirements, an official order or legal enquiries necessitate it.
You have the right to access your past orders and deliveries as a registered customer via your customer login (http://www.huber-lerner.at/en/login).
XXVIII. Right of Cancellation for Consumers in the Online Shop
(1) Consumers have the right to cancel this contract within 14 days without specific reason, according to the provisions made in the Consumer Rights Protection Act. This right to cancellation is defined as the 14 days from the day the customer or a named third party which is not the deliverer takes possession of the goods.
(2) The customer is obliged to make an explicit statement (e.g. via letter sent by post or email) to Fischer & Huber-Pock GmbH that he or she has decided to cancel the contract. Fischer & Huber-Pock GmbH provides the following form for contract cancellation for assistance. The consumer may use this form to cancel an order or may make a clear, individual statement to this end. The customer must send notification of order cancellation before the end of the cancellation deadline in order to ensure his or her right to cancellation. Should the customer make use of this right, Fischer & Huber-Pock GmbH will confirm notification of cancellation immediately (e.g. by email).
(3) The customer must return the goods immediately upon requesting the cancellation of the order. Should the goods be intact, all payments made by the customer for the cancelled order shall be refunded within 14 days of receipt of the cancellation notice. No compensation shall be calculated in cases of refunds.
(4) The customer is only obliged to pay for losses to the value of goods should these losses result from the unnecessary and improper handling of the goods when checking them for quality, specific features, and usage.
XXIX. Exceptions to Right of Cancellation in the Online Shop
There is no right of cancellation for deliveries of goods that are not preproduced and require individual selection by or instructions from the customer for their production or are clearly customised to meet the customer’s personal request. This applies to both customised personal printed materials and personalised leatherware ordered from the online shop.
XXX. Return of Orders from the Online Shop
The customer bears the costs of returns.
XXXI. Delivery of Order from the Online Shop
(1) Orders are delivered by DPD or the Austrian postal service. The sales price in the online shop excludes delivery costs. The customer will be informed of the delivery costs during the ordering process.
(2) The risk of loss or damage to goods during delivery is transferred to the customer as soon as the goods are received by the customer or a third party selected by the customer. Should the customer select their own delivery method and not take advantage of the delivery services provided by the contractor, this risk is transferred to the carrier the moment the goods are handed to the delivery service in question. The contractor shall organise delivery to the customer with due care should its partner be chosen, but only is liable in cases of misconduct or gross negligence. The goods are insured under the conditions specified by the transport company.
(3) Delivery is generally after 4 days but may take up to 30 days. Delivery generally takes 8-10 days for personalised printed materials and goods.
(4) Operational shutdowns at the contractor or at a supplier thereof, especially strikes, lockouts, civil unrest or war or other Acts of God of forms of force majeure, as well as the breakdown of data lines, are not a basis for cancellation of contract.
XXXII. Warranties
Current legal provisions apply to all claims for defects to the delivered goods.
XXXIII. Content and links on the website
Fischer & Huber-Pock GmbH constantly checks and updates the information on its websites. Despite all due care, the data may have changed in the meantime. No liability or guarantee can therefore be assumed for the timeliness, accuracy and completeness of the information provided. Furthermore, Fischer & Huber-Pock GmbH reserves the right to make changes or additions to the information provided.
Fischer & Huber-Pock GmbH does not check other websites to which there are direct access options (links) on the Fischer & Huber-Pock GmbH website for content and legality. Fischer & Huber-Pock GmbH has no influence on the design of these websites and expressly distances itself from any illegal content presented there. Fischer & Huber-Pock GmbH also assumes no responsibility for such content and is not liable for such content.