1.1. The following Terms and Conditions (henceforth referred to as “Terms”) apply to all current and future work and service contracts concluded by the Stampowl (henceforth referred to as “Stampowl”) as creator of physical postcards, as service provider relating to the Stampowl-App and the delivery of the postcards (henceforth “Services” and “App”), with its customers in the app, on the website, via email, phone, fax and other means of communication. These Terms apply to all users of the website, regardless of how and from which nation they access it and encompass all technologies, devices and products on which the website and app of Stampowl are accessible.
1.2. The services of Stampowl are generally offered to all legally competent natural persons and legal entities (henceforth “customers”).
1.3 When registering for the app, the customers agree to these Terms. These apply exclusively, insofar as they are not explicitly amended or modified by an individual agreement in writing. The application of potential own terms of the customer is excluded in any case. The customer’s agreement to these Terms is obtained anew before each order.
- Conclusion of Contract
2.1. The contract concerning the usage of services and the app between Stampowl and the customer is concluded as follows:
2.3. Potential special agreements with the customer deviating from these Terms take priority over the Terms.
2.4. All offers in the sales prospectus of Stampowl, on the Stampowl website www.stampowl.com and the like occur exclusively “without prejudice” and are an invitation to the customer to make an offer.
2.6. Should the customer order one or more postcards via the app by clicking on “Confirm purchase”, or via email, phone, fax or any other means of communication, he places a binding offer on the conclusion of a work contract with Stampowl. Upon order via the app, the customer receives an email by Stampowl confirming the receipt of the order and summarizing the details (order confirmation). This order confirmation constitutes the acceptance of the offer and is intended to inform the customer that Stampowl has received the order. In said mail all essential contract components are once again recorded on a durable medium.
2.7. It is hereby pointed out that the delivery of the postcards is carried out by the Österreichische Post AG and not by Stampowl itself.
2.8. Production of postcards ordered on weekends or bank holidays may occur on the following working day at the earliest. Stampowl will notify the customer via email and indicate the expected date of delivery if delays in delivery exceeding the regular postal delivery time occur.
2.9. Stampowl is entitled to partial deliveries and partial invoicing, provided it is reasonable for the customer.
2.10. If Stampowl cannot or does not want to accept the offer of the customer, the customer will be notified via email. Payments already made by the customer will be refunded immediately.
- Contract Language
3.1. The contract language is English.
4.1. In general, the price agreed for the ordered postcards is the one which is displayed in the app, on the website, on price lists or other documentation. The prices are overall prices per postcard, inclusive of VAT, production, delivery costs (postage) as well as any occurring fees and charges. Changes in price before the order as well as input and electronic transmission errors are reserved.
4.2. Stampowl furthermore reserves the right to increase prices of concluded work contracts for postcard orders, according to occurring increases in costs due to tax increases, exchange rate fluctuations or increases in raw material prices. However, if this increase is more than 5% of the agreed upon price, the customer may withdraw from the postcards affected by said price increase.
- Methods of Payment, Maturity, Reminder Fees, Default Interest
5.1. The following methods of payment are available:
- PayPal – Stampowl accepts payments via PayPal. When paying via PayPal, Stampowl instructs PayPal with collecting the invoice amount on the day the order is accepted by Stampowl. After choosing payment via PayPal, the customer is redirected to his PayPal-Account or registers there independently in order to make the payment.
- Visa – The customer enters credit card number, expiration date and CCV code into the corresponding fields and pays securely via Braintree (subsidiary of PayPal).
5.2. The indicated methods of payment are not offered to every customer to the same extent. Limitations in choosing the method of payment may occur due to a credit check or for other reasons. Stampowl only accepts the methods of payment indicated/displayed to the customer during the order process.
5.3. Invoices are due for payment immediately after receipt, according to the terms of payment and without discount deduction. The invoice for each individual order is sent to the customer together with the order confirmation.
5.4. In case of default of payment, the customer is liable to cover reminder and collection expenses incurred by Stampowl, insofar as they are necessary and appropriate for an adequate prosecution. In case of default of payment, 8% default interest is due as well.
- Warranty and Claims for Damages
6.1. Pursuant to general warranty provisions on improvement, Stampowl is entitled to improve or exchange items, especially by means of reproduction and subsequent delivery of postcards, should the delivered items be defective. The defective cards are to be resent step by step to Stampowl by the customer, whereby postage is to be borne by the customer.
6.2. The customer may only request price reduction or modifications if improvement and exchange is impossible, would mean disproportionate effort for Stampowl or if Stampowl has not met the customer’s request for improvement and exchange or not met it within a reasonable time period. The right to modification is excluded if only minor defects exist.
6.3. Claims for damages by the customer, especially compensation for consequential damages or lost profits due to defective, delayed or missing delivery, only persist if the loss results from gross negligence or intent. In cases of personal injuries, Stampowl is also liable for slight negligence. Stampowl is in particular not liable for loss of data and/or information, loss of business profit, lost business information or other financial losses. These exclusions apply insofar as exclusions of liability are permissible.
6.4. Despite outmost diligence, faults in products and delivery cannot be excluded. Stampowl does not assume any warranty and is not liable for the content of the postcards.
6.5. Due to differences in the colour settings of screens and other output media, all postcards might have slight colour deviations in the printed postcards. Slight processing traces and slight deviations in the positioning of the picture in the printable space within the fixed frame might also occur. Insofar as no binding regulations oppose it, Stampowl does not assume any liability for this.
6.6. Furthermore, Stampowl does not assume any liability that its services will be available uninterruptedly, that requested connections can always be provided or that stored data will remain stored under all circumstances.
6.8. If Stampowl is responsible for a delay in service, the customer is solely entitled to demand a reproduction –free of charge – of the postcards not produced on time. Should this be impossible or unfeasible for Stampowl, Stampowl will refund the price for the postcards not produced and/or delivered on time. Postcards offered for free by Stampowl are explicitly excluded from this stipulation.
- General Obligations of the Customer
7.1. The app, the website and the underlying processes and technologies are exclusive intellectual property of Stampowl. The customer undertakes to refrain from anything enabling him or third parties to imitate the services of Stampowl. These obligations remain in place even after the contractual relationship with Stampowl ceases to exist.
7.2. The customer will notify Stampowl on any potential changes to his personal details, especially to his email address and his contact address. Until receipt of such a notification, any shipment delivered to the customer’s last email or physical address known to Stampowl is considered as received by the customer.
7.3. The customer is obliged to undertake everything in his power to comply with statutory data protection and privacy regulations. Accordingly, the customer must protect his access to the online services of Stampowl from any unauthorised access. The customer ensures to keep all passwords strictly confidential and does not make them accessible to third parties.
- Contract Termination
8.1. Each order of postcards constitutes an individual work contract and as short-term contract requires no separate termination. The customer is entitled to delete his user account on the app and/or the website at any time. Open orders will be processed by Stampowl and the customer is obliged to pay the price for them.
9. Costs for the Return of the Goods
The consumer must bear the immediate costs for the return of the goods. The consumer must only cover a potential loss in value of the goods if said loss in value is due to handling not necessary for the examination of condition, characteristics and functionality of the goods. However, the consumer is in no way liable for a loss in value of the goods if Stampowl has not instructed him on his right to revocation.
9.1. Contracts requiring Stampowl to the repeated delivery of movable physical objects and the consumer to repeated payments and concluded for an indefinite period or a period exceeding one year, can be terminated by the consumer under observation of a two-month period of notice to the end of a year, and subsequently to the end of each half year. A termination not invoked on time takes effect on the next termination date following the end of the termination period.
- Data Protection/Data Storage
10.1. Data protection and strictly confidential treatment of customer data are of outmost importance to Stampowl. To protect the data of its customers, Stampowl thus exclusively uses the latest security standards; the employees of Stampowl are specially trained to observe them.
10.2. When registering via the website or app, the customer agrees to the usage and processing of all personal details (name, home and delivery address, email and phone number) for proper contract implementation and billing. Customer data are stored for customer service and only transferred to third parties if necessary for contract implementation.
10.3. Stampowl also uses customer data to improve the platform and the services offered as well as to prevent or detect abuse of the website. For these purposes, the website www.stampowl.at uses Google Analytics, a web analysis service of Google Inc. (“Google”).
Google Analytics uses so-called “Cookies“, text files which are stored on your computer and enable an analysis of your visit of the website. In general, the information collected by the cookies about the customer’s visit to the website is transmitted to a server of Google in the US and stored there.
However, in case of activation of IP-anonymization on the website, the customer’s IP-address is first shortened by Google within the member states of the European Union or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases, the full IP-address is transmitted to a Google server in the US and shortened there.
On behalf of the operator of the website, Google will use this information to analyse the customer’s usage of the website, to create reports on the website activities and to provide the website operator with other services connected to the internet and website usage. The IP-address transmitted from the customer’s browser as part of Google Analytics will not be aggregated with other data from Google.
The customer can prevent the storage of cookies via the corresponding settings of his browser software; however, Stampowl points out to the customers that they may not be able to use all functions of the website to their full extent in this case. Furthermore, the customer can prevent the collection of the cookie-created data related to his usage of the website (incl. his IP-address) by Google and the processing of said data by Google by downloading and installing the browser-plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=de).
11.1. The customer agrees to receive information on the products of Stampowl via app notification, email or phone from time to time. The agreement can be revoked at any time and via any means of communication. Customer data are in no way transmitted to third parties for advertisement purposes. The customer explicitly agrees to this article of the terms separately from the others by checking a box when registering.
- Changes to the Terms
12.1. The customer is notified on changes and amendments to these Terms in writing, via email or app notification before they take effect. They become part of the contract if the customer does not request negotiations on the amendments within 14 days in writing. If no compromise is reached during these negotiations within a reasonable amount of time, both the customer and Stampowl have the right to terminate the contract relationship in writing, via email or fax. In this case, the termination takes effect on the last day of the month following the month the termination declaration was received by the contract partner.
- Final Provisions
13.1. Should one or several provisions of these Terms be partially or completely invalid or lose their validity at a later point, the validity of the remaining provisions of these Terms shall not be affected.
13.2. Changes and amendments to these Terms and Conditions as well as any contracts concluded on their basis may only be made in writing. A renunciation of this requirement of written form may also be done in writing only.