1.1. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded with Hermann Souvenir GmbH concerning offers, deliveries, and services. Furthermore, the GTC also apply to any extensions of orders and follow-up assignments.

1.2. Any deviating terms and conditions shall only be binding on Hermann Souvenir GmbH if they have been expressly acknowledged by us in writing. This also applies in cases where the contracting party refers to their own general terms and conditions.

1.3. Oral agreements that impose additional obligations on Hermann Souvenir GmbH shall only be binding if confirmed in writing by Hermann Souvenir GmbH.

2.1. Offers are made in writing only and are non-binding unless explicitly designated as binding through a time limitation.

2.2. The subject matter of the order, including all specifications, is based on the offer provided by Hermann Souvenir GmbH. All technical documentation, including performance specifications, remains the intellectual property of Hermann Souvenir GmbH and may not be used elsewhere or passed on to third parties.

2.3. Any changes and/or additions to the order shall only be valid if confirmed in writing by Hermann Souvenir GmbH. For additional orders placed on-site (place of performance), verbal agreements shall be binding for the client.

2.4. Subsequent changes requested by the client, including any resulting machine downtime, will be charged to the client. This also applies to repeated sample productions or test prints requested by the client due to minor deviations from the original.

2.5. Any cost overruns caused by changes requested by the client shall be deemed accepted by the client, even without prior notification from Hermann Souvenir GmbH. In such cases, the client waives the right of withdrawal. For changes to the order or additional orders not covered by the original order, a claim to appropriate remuneration exists.

2.6. Hermann Souvenir GmbH is not obligated to verify the factual or technical accuracy of the client's order specifications, nor whether the contractual product is suitable for the intended purpose as planned by the client.

3.1. Hermann Souvenir GmbH may withdraw from order fulfillment (provision of services / order) by written declaration if there is a valid reason. A valid reason exists in particular if:

• there is justified suspicion that the client's payment is at risk;

• the client fails to fulfill essential obligations under the contractual relationship;

• enforcement proceedings are initiated against the client, insolvency proceedings are opened or rejected due to lack of assets;

• the contractual product and/or essential raw materials or components required for production are lost, stolen, or destroyed, provided Hermann Souvenir GmbH is not grossly at fault;

• the client fails to properly comply with their data protection obligations.

3.2. If the client is at fault for the termination of the contract, they are obliged to compensate Hermann Souvenir GmbH for the resulting damages, amounting to no less than 25% of the agreed contract value, payable within eight days.

3.3. If the order includes recurring work or services and no other agreement has been made, the contract is considered open-ended. Such contracts may only be terminated in writing by registered letter from either party at the end of the calendar year, subject to a three-month notice period. If termination is not made in due time, the contract shall automatically be extended for one additional year.

4.1. Prices are quoted exclusive of statutory VAT and include delivery (carriage paid). Packaging, freight, and transport insurance costs are borne by the client.

4.2. Invoices are payable without any deduction by the due date specified on the invoice. However, payment becomes immediately due if the client is in default with other payment obligations owed to Hermann Souvenir GmbH.

4.3. Hermann Souvenir GmbH is not obligated to accept bills of exchange or checks as a means of payment.

4.4. Offsetting counterclaims against payment claims from Hermann Souvenir GmbH is excluded in all cases, unless the client has become insolvent.

4.5. In the event of payment default, Hermann Souvenir GmbH is entitled—without waiving the right to claim further damages—to charge default interest at the statutory rate from the due date until the date of payment, as well as any collection costs. If the client fails to fulfill their payment obligation despite a reasonable grace period, Hermann Souvenir GmbH is entitled to withhold outstanding deliveries, declare all open claims from this or other contracts immediately due, and/or withdraw from the contract.

4.6. Hermann Souvenir GmbH reserves the right to adjust prices if there are changes in the underlying cost structures used for calculation, particularly changes in wage costs due to collective agreements and/or significant increases in material and/or energy prices. The resulting price increase will be invoiced to the client.

4.7. If more than 90 days pass between the submission of the offer by Hermann Souvenir GmbH and the completion of the order, price adjustments due to higher material and wage costs shall be deemed agreed upon.

4.8. A price increase is excluded if:

• fixed prices have been expressly agreed upon,

• the delay in performance relevant to the price increase was caused by Hermann Souvenir GmbH intentionally or through gross negligence,

• a price adjustment is prohibited by other legal provisions.

5.1. Notwithstanding the earlier transfer of risk, Hermann Souvenir GmbH retains ownership of the contractual product until all financial obligations of the client have been fully satisfied.

5.2. Hermann Souvenir GmbH is entitled to visibly mark its ownership on the contractual product. The client must comply with all formal requirements necessary to uphold the retention of title. In the event of seizure or any other third-party claim, the client is obliged to assert Hermann Souvenir GmbH’s ownership rights and inform the company immediately.

5.3. In the event of payment default, Hermann Souvenir GmbH is entitled to demand, in addition to payment, the return of the contractual products at the client’s expense, and has the right to retrieve the products from the place of delivery at the client’s cost and risk.

5.4. The resale, pledge, or transfer by way of security of the goods subject to retention of title prior to full payment is only permitted with the express written consent of Hermann Souvenir GmbH.

5.5. The retention of title shall remain in effect even if the delivery or parts thereof are installed, altered, or further processed.

5.6. Hermann Souvenir GmbH has a lien on all raw materials of any kind, production equipment, and components that have been provided by the client or, with the client’s consent, by third parties, as security for all claims against the client.

5.7. The client is liable to Hermann Souvenir GmbH for any damages and costs arising from a breach of the obligations set out in clauses 5.1 to 5.6, as well as for any intervention measures required to prevent third-party access to the products.

6.1. Deliveries and shipping are generally made carriage paid and at the client's risk.

6.2. Delivery dates and deadlines are only binding if expressly confirmed in writing by Hermann Souvenir GmbH.

If raw materials and/or components to be provided by the client—or procured by third parties upon the client’s instruction—are not delivered on time or in the agreed quality, Hermann Souvenir GmbH is entitled, after informing the client, to reasonably extend the completion and/or delivery deadlines and will notify the client of the new estimated completion date. The same applies in cases of force majeure or other unforeseeable delays for Hermann Souvenir GmbH, such as machine breakdowns, labor stoppages, or delivery difficulties from subcontractors.

6.3. Claims for damages or cancellation of the contract due to delayed delivery are excluded unless Hermann Souvenir GmbH can be proven to have acted with gross negligence.

6.4. Unless an exact production quantity is expressly agreed upon in the order and/or order confirmation, Hermann Souvenir GmbH is entitled to pass on production-related quantity deviations to the client and to deviate from the ordered quantity by up to 10% more or less. Billing is based on the actual quantity

7.1. Hermann Souvenir GmbH shall be liable within the scope of statutory provisions for proper and professional performance. Liability for damages caused by Hermann Souvenir GmbH or its vicarious agents is limited to intent and gross negligence. Liability for ordinary gross and slight negligence, compensation for consequential and financial losses, lost savings, interest losses, and damages arising from third-party claims against Hermann Souvenir GmbH is excluded. The total liability is limited to 10% of the net order value.

7.2. The client is obligated to thoroughly inspect the delivery immediately upon receipt. Any defects in the contractual products must be reported in writing without delay, but no later than 10 working days after delivery. The identified defect must be described precisely and comprehensibly or clearly marked; otherwise, the delivery shall be deemed accepted without reservation, and any related warranty and damage claims shall be waived or considered forfeited. The relevant date is when the defect notification is received by Hermann Souvenir GmbH.

7.3. The client is responsible for the interim storage of the contested goods.

7.4. The risk of defects passes to the client after written approval, particularly following the inspection of reference samples or proofs. If execution documents are provided by the client, Hermann Souvenir GmbH shall not be liable for their accuracy but only for proper execution based on the provided specifications.

7.5. Warranty is excluded in cases of natural wear and tear, improper handling, excessive use, negligence, or modifications made without the consent of Hermann Souvenir GmbH.

7.6. Hidden defects that are not discoverable upon prompt inspection must be asserted within the statutory warranty period.

7.7. In all cases of warranty, Hermann Souvenir GmbH may avoid claims for contract termination or price reduction by, within a reasonable period, replacing the defective item with one free of defects or, in the case of a price reduction claim, performing a reasonable and acceptable improvement or providing the missing part.

7.8. Any rectification of defects must be carried out by Hermann Souvenir GmbH. In individual cases, defect rectification by the client or third parties is permissible only with prior written approval from Hermann Souvenir GmbH. If the client or a third party remedies the defect without such written approval, the client shall bear the costs.

7.9. Defects in part of the delivery do not entitle the client to object to the entire delivery or withhold payment.

7.10. In the case of color reproductions in any manufacturing process, minor deviations from the original cannot be contested. The same applies to comparisons between other references (e.g., samples, images, proofs, trial prints) and the final product.

7.11. Hermann Souvenir GmbH accepts no liability for data backup of submitted storage media.

8.1. Templates, raw materials, printing plates, and other reusable items as well as semi-finished and finished products will only be stored beyond the agreed delivery date upon prior agreement and for a separate fee. Hermann Souvenir GmbH shall be liable only for intent and gross negligence.

8.2. The aforementioned items, if provided by the client, will be handled with due care until the delivery date. Hermann Souvenir GmbH shall only be liable for any damage in cases of intent or gross negligence.

8.3. If the aforementioned items are to be insured, it is the client’s responsibility to arrange such insurance.

8.4. The client is obliged to accept the goods delivered in accordance with the contract or to collect them without delay. If the client fails to fulfill this obligation, the delivery shall be deemed to have taken place on the day on which acceptance was contractually due. The risk passes to the client pursuant to clause 5.1 upon handover to the carrier. Hermann Souvenir GmbH accepts no liability for damage or loss occurring during transport.

8.5. In the event of a delay in acceptance by the client or if delivery becomes impossible due to force majeure, Hermann Souvenir GmbH is entitled to store the goods at the client’s expense and risk, either at its own premises or with a freight forwarder.

9.1. As a company without its own research and development department, Hermann Souvenir GmbH is under no obligation to examine the suitability of instructions, technical drawings, specifications, descriptions, or material qualifications provided by the client for the intended use of the contractual product.

Raw materials and components supplied by the client will only be checked by Hermann Souvenir GmbH for quantity and obvious defects.

All raw materials and components to be provided by the client must be delivered carriage paid, at the client's expense and risk, to the delivery address specified in the order.

• For international deliveries, the delivery conditions “carriage paid” shall be interpreted according to Incoterms 2010.
• The agreed delivery deadlines for raw materials and components to be supplied by the client shall be considered fixed dates within the meaning of § 919 of the Austrian Civil Code (ABGB).
• In the event of loss or damage to raw materials and components provided by the client, Hermann Souvenir GmbH shall only be liable in cases of gross negligence.
• Raw materials and components provided by the client shall be deemed integral parts of the contractual product as soon as processing begins and shall remain the property of Hermann Souvenir GmbH until full payment is received.

9.2. If raw materials and components are procured by Hermann Souvenir GmbH as part of the order, a standard incoming goods inspection shall be performed by Hermann Souvenir GmbH. If the supplier is selected by the client, the inspection shall be carried out according to the specifications agreed between the client and Hermann Souvenir GmbH.

9.3. If the client provides machinery and/or equipment for the execution of the order, they are responsible for ensuring that such equipment complies with relevant safety regulations and that the necessary documentation is available.

9.4. For data transfers, the client must use up-to-date antivirus protection software before sending any data. Data backup is the sole responsibility of the client. Hermann Souvenir GmbH reserves the right to make a copy of the data.

10.1. The client shall be solely liable if the execution of their order infringes upon the rights of third parties—particularly copyrights. In the event that Hermann Souvenir GmbH is held liable by third parties due to such infringements, the client shall indemnify and hold Hermann Souvenir GmbH harmless from all resulting claims.

10.2. If data, images, designs, etc. are provided by Hermann Souvenir GmbH, the client is only permitted to use them within the scope of the goods produced by Hermann Souvenir GmbH. Any other use—such as in other media—is prohibited unless express written consent has been granted by Hermann Souvenir GmbH.

11.1. Under the section “Data Protection Information,” Hermann Souvenir GmbH informs the client about:

the type, scope, and purpose of the collection, processing, and use of personal data necessary for processing orders and billing;

• their right to object to the creation and use of an anonymized usage profile for advertising purposes and for tailoring our services to customer needs;

• the disclosure of data to companies commissioned by us—who are obligated to comply with legal data protection regulations—for the purpose and duration of credit checks, distribution, and shipping of goods;

• the right to receive free information about the personal data stored by us;

• the right to rectification, the right to erasure and blocking of stored personal data, the right to information, the right to restriction, the right to data portability, and the right to object.

11.2. The client grants their “Data Protection Consent” for the collection, processing, and use of personal data (see clause 13).

12.1. Personal Data
Hermann Souvenir GmbH collects, processes, and uses personal data of the client only with their consent or based on their order for the purposes agreed upon, or if another legal basis exists in accordance with the GDPR; this is done in compliance with data protection and civil law provisions. Only personal data that is necessary for the execution and processing of the contract for deliveries and services, or voluntarily provided to Hermann Souvenir GmbH, will be collected.
Personal data refers to any information relating to an identified or identifiable natural person. This includes all data containing individual details about personal or factual circumstances, such as name, address, email address, telephone number, date of birth, age, gender, social security number, videos, photos, voice recordings, and biometric data.

12.2. Data Subject Rights under the GDPR
As a contracting party and data subject, the client has the right at any time to obtain information about their stored personal data, its origin, recipients, and the purpose of data processing. They also have the right to rectification, data portability, objection, restriction of processing, as well as the right to block or delete inaccurate or unlawfully processed data.
If there are any changes to personal data, the client is asked to inform Hermann Souvenir GmbH accordingly.
The client has the right at any time to withdraw consent previously given for the use of their personal data.
Requests for information, deletion, correction, objection, and/or data transfer (in the latter case, only if it does not cause a disproportionate effort) may be directed to the contact address listed in section 12.8 of this statement. Furthermore, the client has the right to lodge a complaint with the competent supervisory authority. In Austria, this is the Data Protection Authority (Datenschutzbehörde).

12.3. Data Security
Personal data is protected by appropriate organizational and technical measures. These measures specifically serve to protect the data against unauthorized, unlawful, or accidental access, processing, loss, misuse, and manipulation.
Despite all efforts to maintain a consistently high level of diligence, it cannot be ruled out that information disclosed via the internet may be viewed and used by third parties.
Therefore, Hermann Souvenir GmbH accepts no liability for the disclosure of information due to errors not caused by Hermann Souvenir GmbH during data transmission or unauthorized access by third parties (e.g., hacking of email accounts or phones, interception of faxes).

12.4. Use of Data
Hermann Souvenir GmbH will use the data provided solely for purposes covered by the contract for deliveries and services, the client’s consent, or otherwise permitted by the GDPR.
An exception applies to the use of anonymized data for statistical purposes.

12.5. Transfer of Data to Third Parties
In order to fulfill the contract, it may be necessary to forward the client’s data to third parties (e.g., sales agents, logistics partners). Such data transfers are conducted exclusively in accordance with the GDPR, particularly for the execution of the contract or based on the prior consent of the client.
Some of the above-mentioned recipients may be located outside Austria or process personal data outside Austria. The data protection level in other countries may not match that of Austria. However, Hermann Souvenir GmbH only transfers personal data to countries for which the European Commission has determined an adequate level of data protection, or ensures through suitable safeguards that all recipients maintain an adequate level of data protection.

12.6. Notification of Data Breaches
Hermann Souvenir GmbH endeavors to ensure that any data breaches are detected early and, if necessary, reported immediately to the client and/or the competent supervisory authority, including details on the categories of data affected.

12.7. Data Retention
Hermann Souvenir GmbH will not retain data longer than necessary to fulfill contractual or legal obligations.

12.8. Contact Information
The protection of the client’s data is a particular concern for Hermann Souvenir GmbH. The following contact details may be used at any time for questions, exercising data subject rights, or withdrawing consent:

Email: service@hermann-souvenir.at
Phone: +43 (0) 662 / 909147
Address: Saalachstraße 13, 5020 Salzburg, Austria

The client agrees that their personal data—specifically name/company, occupation, date of birth, company registration number, authorization details, contact person, business address and other addresses of the client, telephone number, fax number, email address, bank details, credit information, and VAT number—may be collected, stored, and processed by automated means for the following purposes:

fulfillment of the contract and client support, customer satisfaction surveys, distribution (e.g., through sales representatives or logistics partners), statistical analysis, credit assessment, and Hermann Souvenir GmbH’s own marketing purposes (e.g., sending offers, birthday greetings, brochures, and newsletters in paper or electronic form), as well as for referencing the current or former business relationship with the client (reference note).

This consent may be withdrawn at any time in writing via email, fax, or letter to the contact details provided above under section 12.8.

14.1. The legal invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The version of the General Terms and Conditions in effect at the time of contract conclusion shall apply.

14.2. The contracting parties agree that the court with subject-matter jurisdiction in the provincial capital of Salzburg shall have exclusive jurisdiction over all disputes arising directly or indirectly from this contractual relationship.

14.3. This contractual relationship is governed exclusively by Austrian law, to the exclusion of its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

• Other Provisions

Legal recourse is excluded.