Terms and Conditions of Business For online shop by Tripp Ges.m.b.H.

1. Scope of Application

1.1. For the business relation between Tripp Ges.m.b.H. and the customer apply only the following stated terms and conditions of business (hereinafter terms and conditions).

1.2. If the customer is an entrepreneur, these terms and conditions will also apply for all future business relations, even if they are not explicitly agreed upon again.

1.3. Contrary conditions of the customer, which we hereby expressly and ultimately oppose, will not be part of the contract, as long as Tripp Ges.m.b.H. does not explicitly and in written form accept the hereby expressly and ultimately opposed.

2. Applicable Law, Court of Jurisdiction

2.1. With the exclusion of the terms of the sales and goods law by the UN, Austrian Law is applicable exclusively. Furthermore, regarding the consumer mandatory provisions of consumer rights are applicable on the contractual relationship in the state or country of the place of residence.

2.2. The court of jurisdiction in the case of legal disputes on the contractual relationship will be Kufstein. Insofar as the customer is a consumer in the purpose of the KSchG, the legal courts of jurisdiction apply. If the place of residence of the consumer is not within the European Union, Kufstein will be agreed upon as the court of jurisdiction as well. 2.3. Language of contract is German

3. Contract Closing

3.1. Within the process of an order in the online shop the favored goods have to be chosen. Afterwards you will be redirected for the following order process via a click on the button “To the Cart” or “Shopping Cart”. Ensuing you have to fill in customer data including billing address and – if applicable – different delivery address as well as payment method. Furthermore, general delivery costs will be shown. Within the last step you have the opportunity to verify and – if applicable – revise your data before sending the order with a click on “Order Now”.

3.2. The text of the contract of the order will be saved and transferred to the customer’s e-mail address after receiving the order confirmation with all the order details as well as the terms and conditions and the terms of the revocation. With this order confirmation there will be no contract.

3.3. All information provided by Tripp Ges.m.b.H. for the offered goods are noncommittal and nonobligatory. With the order the customer submits a mandatory tender, which can be accepted by an order confirmation in written form by Tripp Ges.m.b.H. within three weeks. A contract is only concluded by an order confirmation to the customer or if the goods are - without any previous explicit acceptance – sent by Tripp Ges.m.b.H.

3.4. Only the customer who is mentioned in the order confirmation is bound as the contract partner of Tripp Ges.m.b.H., irrespective of a third party which takes over contractual duties of the customers – particularly the payment of the purchase price or a part thereof – explicitly or implicitly. This applies especially on orders with shipment to a third party.

3.5. Information to products or for purpose reasons etc. made by Tripp Ges.m.b.H. are only a description or labeling and is no guarantee of quality in the legal sense.

3.6. Within the process of an order in the online-shop all received or accessed data by Tripp Ges. m.b.H. are obligatory.

3.7. Tripp Ges.m.b.H. has the right to refuse orders or rescind from a concluded contract, if the transferred printing information or the fulfillment of the contract would violate the Austrian criminal law or the federal constitution of the Republic of Austria or to pursue Nazi, fascistic, radical or other immoral and illegal purposes.

4. Prices

4.1. Prices as referenced in our online-shop are quoted as Euros including statutory value-added tax, however excluding packaging, shipping and insurance costs ex works and are only valid for the particular individual order. Furthermore, they only apply to the listed service, but not for value-added services or any special requests.

4.2. Shipping costs will be quoted separately.

4.3. If not agreed otherwise in written form the prices quoted by Tripp Ges.m.b.H. in the order confirmation regarding possible value-added services and any special request apply.

4.4. At the end of the order process the total amount to be paid will be displayed broken down in net amount, statutory value-added tax and shipping costs.

5. Conditions of Payment

5.1. Payment is made optionally with credit card, via prepayment or via direct transfer.

5.2. Choosing prepayment the customer will receive bank details within the order confirmation. The billing amount has to be paid to the designated account within seven days after receiving the order confirmation.

5.3. In case of delay of payment the customer has to pay 4% interests, if the customer is entrepreneur default interests according to § 456 UGB.

5.4. This shall not impact the assertion of an additional damage caused by delay – particularly regarding the damage, caused by higher interests on possible credit accounts of the Tripp Ges.m.b.H. as a result of nonpayment. Beside default interests the customer is obligated to pay all costs and services associated with the collection of receivables or any other costs or fees necessary for adequate prosecution of the matter ( § 1333 ABGB).

5.5. The customer may only set counterclaims if they are undisputed or if they have been determined in a final and absolute matter.

6. Reservation of Title

6.1. If the customer is consumer, the goods will remain in ownership of Tripp Ges.m.b.H. until full payment has been made.

6.2. For entrepreneurs the following terms apply: Until full payment of all receivables of shipping and services which are now or in future claimed to Tripp Ges.m.b.H. against the customer, Tripp Ges.m.b.H. will be granted following securities, which Tripp Ges.m.b.H. will enable on demand as your choice, as long as its value exceeds the total claims of Tripp Ges.m.b.H. sustainably for over 10%:

a) The goods remain in ownership of Tripp Ges.m.b.H. In case of a running account the reserved title shall constitute security for our balance claim.

b) The customer has the right to resell or rent out of the goods subject to retention of title within the scope of an ordinary and proper business transaction as long as the customer is not in default of payment. Pledging or assignment as security is inadmissible. The customer preventively conveys any from reselling, renting or any other legal cause regarding the goods subject to retention of title incurred claims of shipping and service, renting and compensation including claim for restitution, ancillary rights, securities and reservation of title to the Tripp Ges.m.b.H. The customer will be revocably authorized, to collect any to Tripp Ges.m.b.H. conveyed claims for his invoice in his name. This direct debit authority can be revoked by Tripp Ges.m.b.H. if the customer does not properly comply with his payments or is not able to properly comply with his payments. In this case Tripp Ges.m.b.H. can demand the customer to inform his purchasers about the demise and to transfer all information and records necessary for a collection to Tripp Ges.m.b.H.

7. Shipment, Event of Default

7.1. Shipment is by default ex-factory Bremen if not agreed otherwise. If Tripp Ges.m.b.H. assigns shipment to a third business shipment is ex-factory of the respective business. This also applies if Tripp Ges.m.b.H. is exceptionally obligated to bear shipping costs.

7.2. Tripp Ges.m.b.H. has the right to perform orders in part-deliveries.

7.3. Transport- and any other packaging according to packaging regulation will not be taken back; pallets are an exception.

7.4. Period of delivery and production depends on the type of article and the scope of the order. The term of delivery will be assessed at the point of in-payment and ranges from ten to twenty business days. The customer will receive a separate order confirmation once shipment departs from factory.

7.5. Tripp Ges.m.b.H. will not be liable for compliance on an agreed period of delivery if complying the period of delivery is dependent from cooperation with the customer and if the customer does not perform his cooperation duties on schedule. This also applies in case of any other subsequently agreed modification of the order. Furthermore, Tripp Ges.m.b.H. is entitled to claim substitution of thereof rising expenses.

7.6. The risk of loss or damage of the articles or goods passes in case of an entrepreneur with the delivery over to the entrepreneur or to the person carrying out the transport or to the entrepreneur when the goods for the purpose of shipment have departed ex-factory of Tripp Ges.m.b.H. In case of a customer the risk of loss or damage of the goods or articles passes over to the customer with the delivery of the goods to the delivery address provided by the customer.

7.7. The handover is the same if the buyer is in default of acceptance.

7.8. The customer has to arrange an appraisal immediately at the carrier in case of damage or loss of the goods in transit.

8. Default in Delivery

8.1. In case of a default in delivery the customer is obligated to grant an appropriate additional respite of at least one week. After expiry of said additional respite the customer is enabled to rescind from the contract provided setting a new appropriate deadline of at least a week. Entrepreneurs have to claim this rescind by use of a registered letter, whereby the entrepreneur has to accept a minor exceedance in the agreed delivery deadline without the right to claim the right of withdrawal or for damages.

8.2. If the customer is entrepreneur and Tripp Ges.m.b.H. is hindered from shipment through force majeure, so the delivery date is prolonged automatically by this period plus an appropriate ramp-up time. Any unforeseen circumstances which are beyond responsibility of Tripp Ges.m.b.H. and which make a shipment unreasonably complicated or temporarily impossible can be thought of as force majeure. Examples of considerations of this kind are defaults in delivery at the designated pre-supplier, industrial dispute, regulatory action, unavoidable lack of unmanufactured material and or energy, essential failure due to destruction of the business as a whole or important departments or due to breakdown of essential industrial facilities, severe failure of transport such as road blockade, industrial disputes in transport business, driving bans etc. If said circumstances last more than four months, Tripp Ges.m.b.H. is enable to rescind from contract. On request of the customer Tripp Ges.m.b.H. is obligated to explain, if the rescind from contract will be explained or if shipment is executed within an appropriate period allotted by Tripp Ges.m.b.H. Claims for compensation by the customer are excluded in these cases. Both contract partners are enabled to rescind from contract without liability for damage, if a performance of contract is impossible under these circumstances.

9. Warranty

9.1. Variations usual in trade from master copy, particularly minor color-variations from the original colored reproduction in all printing processes and color-variations between digital template and printout due to different color-calibration on monitors and screens cannot be excluded and are no defects eligible for warranty.

9.2. Tripp Ges.m.b.H. is not liable for any data transfer error.

9.3. Tripp Ges.m.b.H. does not check drawings, drafts, graphics or any other information provided by the customer to Tripp Ges.m.b.H. regarding validity, particularly regarding misspelling or color errors and are as such not eligible for warranty.

9.4. If the customer is entrepreneur the goods have to be checked immediately after delivery at the ship-to-location. Shipment is considered to be approved, if obvious or noticeable defects identified within the process of a correct examination are not reported in written form to Tripp Ges.m.b.H. within the preclusion period of eight days after the delivery of the goods to the ship-to-location. Damage in transit or incompleteness of the shipment has to be reported immediately. In case of a correct and timely pleaded complaint Tripp Ges.m.b.H. grants either subsequent improvement or replacement will be provided. For shipment of replacement Tripp Ges.m.b.H. is entitled to an appropriate period, particularly for manufacturing of new articles of the pleaded parts. If the defect has no impact on usability and is no essential defect is present, Tripp Ges.m.b.H. is entitled to provide price reduction after delivery. In case of a default in subsequent improvement by Tripp Ges.m.b.H. and an appropriate grace period has expired or two attempts for subsequent improvement have been failed the entrepreneur is entitled to claim a price reduction or to rescind from contract. Liability of Tripp Ges.m.b.H. for consequential harm caused by defect applies only in case of intent or gross negligence by Tripp Ges.m.b.H. or an agent.

9.5. If the customer is a consumer following terms apply

a) In case of a valid complaint the customer may choose between improvement or replacement. Tripp Ges.m.b.H. is entitled to refuse the chosen redress if the chosen redress is impossible or comes with a disproportionate effort compared to other possible redresses. If improvement or replacement is not possible or feasible the customer is entitled to claim a price reduction – provided that it is not a matter of minor defects – or conversion of contract.

b) Warranty period shall be two years from the point of handover of the goods.

c) Claims for indemnity by the consumer are excluded if the damage is not caused due to intentional or reckless acting. In case of slight negligence Tripp Ges.m.b.H. is liable only for possible damage to persons. Claims for compensation must be asserted within three years from the time at which the damages and liable party become known otherwise the claim will expire.

10. Manufacturing according to information provided by the customer

10.1. Any order from a customer which includes transferring paintings, drafts, technical delivery terms or any other information provided by the customer are not examined by Tripp Ges.m.b.H. regarding possible violations of property rights of third parties. If Tripp Ges.m.b.H. is demanded by a third party concerning alleged infringement of copy right, ancillary copy right or any other commercial property right or personal rights because of the execution of an order by a customer the customer must indemnify and hold Tripp Ges.m.b.H. harmless.

10.2. Tripp Ges.m.b.H. must notify such demands by a third party to the customer and summon him to appear as a third party in the event of legal proceedings. If upon notification the customer fails to join Tripp Ges.m.b.H. as joint litigant in the proceedings, Tripp Ges.m.b.H. is entitled to acknowledge the claim of the plaintiff and demand compensation from the customer regardless of the legitimacy of the acknowledged claim.