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The Press Parts Outlet sells original used spare parts for Graphic Machinery. This shop is for COMMERCIAL CLIENTS only.
The Press Parts Outlet sells original used spare parts for Graphic Machinery. This shop is for COMMERCIAL CLIENTS only.

Terms of service

General Terms and Conditions of Sale and Delivery (as of September 2019)

of Press Parts Outlet GmbH, 1030 Vienna, Karl-Farkas-Gasse 22, Austria.

§ 1 Area of application

These general terms and conditions of sale and delivery ("GTC") apply to all contracts concluded through the web-shop on the homepage www.press-parts-outlet.com ("Web-Shop") between Press Parts Outlet GmbH, FN 265330 t, with its registered office in Vienna and the business address at Karl-Farkas-Gasse 22 ("Seller") and you ("Buyer" or "Customer").

By placing an order through the Web-Shop, the Buyer acknowledges these GTC and agrees to be bound by the GTC. The inclusion of general terms and conditions or other contractual conditions of the Buyer, which deviate from these GTC, is rejected, unless these are expressly accepted in writing by the Seller.

The Seller delivers exclusively to traders. By placing an order, the Customer affirms and guarantees to the Seller that he is not a consumer in the sense of the applicable consumer protection regulations. 

§ 2 Conclusion of contract

Internet presence: The product presentation on the Web-Shop does not constitute an offer in the legal sense. It is an invitation to the Buyer to place an offer himself. By placing an order through the Web-Shop, the Buyer places the offer in the legal sense.

Order process: In the overview of the product range of the Web-Shop, the Customer can select the desired product(s) by clicking on the button "move to shopping basket". By clicking the button "continue" next to the products listed in the shopping basket, the ordering process is continued. On the next page, the Customer is asked to log in into the Web-Shop, if he already has an account or to register. The Customer then selects the place of delivery and the method of payment he wishes and enters the data required for the execution of the payment and for the processing of the order. In case of deliveries from Austria to other EU member states, the Buyer must inform us of his VAT number under which he carries out the purchase tax within the EU before delivery. Otherwise he must pay the legally owed VAT amount for our deliveries in addition to the agreed purchase price. The Customer shall be liable for the accuracy of the data and information entered and disclosed and shall indemnify and hold the Seller harmless in this respect.

By clicking on the "complete order" button, the Customer makes a binding purchase offer for the products selected and confirms that he only orders products which he is entitled to purchase in the country to which he has these products delivered and he is entitled to use in the country in which he intends to use them. Neither delivery nor use may contradict national or international regulations (in particular, but not limited to, export and import regulations, embargos, etc.). In this respect, the Buyer shall indemnify and hold the Seller harmless.

Confirmation of receipt: Upon receipt of the order, the Seller sends an automatic notification e-mail to the e-mail address provided by the Customer confirming receipt of the order ("Receipt Confirmation"). The acknowledgment of receipt does not constitute an acceptance by the Seller of the Buyer's purchase offer. The acceptance of the offer by the Seller is expressly made in a separate e-mail ("Order Confirmation"). If the seller does not respond within 3 days after receipt of the Receipt Confirmation, the Buyer's offer to conclude a contract will be considered as rejected. In this respect, the Buyer shall have no claims against the Seller. The Seller is not obliged to accept orders.

The Seller reserves the right to correct errors in his emails, offers, invoices and messages, such as spelling- or calculation errors and the results derived from them at any time. 

§ 3 Information and documents of the Seller

Quality and performance specifications in brochures or in the Web-Shop shall only be deemed warranted characteristics if an express written and concrete warranty has been given in the Order Confirmation. Deviations that do not cause a malfunction are permissible and do not constitute a defect within the meaning of the contract. In this respect, any claims of the Buyer against the Seller are excluded. Dimensions, weights, performance, operational behavior, space and energy requirements may deviate from the actual execution and/or start of production without justifying an obligation of the Seller to perform in accordance with advertising and/or images and/or the agreement of essential and/or warranted characteristics. Such deviations do not constitute a defect in the sense of the contract and any claims of the Buyer in this respect against the Seller are excluded.

§ 4 Scope of delivery

(1) The content and scope of the Seller's obligation to perform will be determined exclusively by the content of the Order Confirmation and by these GTC. The information and characteristics listed therein are only agreed as material and/or as assured if they are identified as such.

(2) The programs (software) and writings required for the operation of machines or systems are regularly subject of copyrights and industrial property rights. The Buyer does not acquire ownership of such software and written media, but only a right of use limited to the intended use in the machines or in the system of the Buyer as a non-transferable and non-exclusive license. The Seller reserves ownership rights and copyrights to quotation documents, system concepts and documentation supplied with the products. Any duplication or transfer to third parties is prohibited.

§ 5 Delivery, delivery period and force majeure

(1) Subject to the order, delivery shall be carried out ex works.

(2) Delivery periods shall start at the earliest after receipt and clarification of all documents required for the content of the contract and after receipt of the payments agreed prior to delivery, as well as the fulfillment of all other obligations which the Buyer must fulfill in accordance with the contract prior to delivery. Delivery periods which are not expressly designated as binding are not binding.

(3) The Seller is entitled to partial performance. The delivery period shall be deemed to have been observed if the Seller has notified the Buyer in writing within the delivery period that the products are ready for dispatch.

(4) Delivery periods shall be extended accordingly in the event of force majeure, strike or lockout, including in third-party operations, riots, civil war, fire, flooding, mobilization, war or warlike acts, seizure, embargo, currency restrictions, as well as in the event of unforeseen obstacles, which are beyond the control of the Seller.

(5) If the place of delivery or performance is abroad, the Buyer is obliged to observe the respective import and customs regulations as well as the duty regulations. The Buyer is obliged to declare the products properly and in due time at his own expense, to pay tax on them and to insure them if necessary. At the same time, the Buyer shall at his own expense obtain and, if necessary, provide all information, documents, permits and confirmations which must comply with the statutory requirements and which are required for the export of the products from Austria and the import of the products into the foreign country, as well as make the corresponding declarations. The Seller shall only provide the documents necessary for the delivery of the products to the shipping company selected by the Seller. The Buyer shall indemnify and hold the Seller harmless against all import and customs duties and shall reimburse the Seller for all costs and expenses incurred in this connection.

(6) Austrian VAT does not apply in case of invoicing deliveries from Austria to other EU member states, if a valid VAT number has been made known. The sales tax regulations of the respective recipient member state apply if the Customer is registered for sales tax in another EU member state or if the Seller is registered for sales tax in the recipient member state. The invoicing shall be made in Euro.

(7) Our products are parts for printing machines and as such fall under the EU embargo on Russia and Belarus and may not be sold or shipped to either territory.

(7.1) Export restrictions for Russia 
1. The customer undertakes not to sell, deliver, transfer or (re-)export goods or technologies that fall within the scope of Art. 12g of Regulation (EU) No. 833/2014 to Russia, either directly or indirectly, and to use its best efforts to ensure this also with third parties in the supply chain (e.g. resellers).
2. Paragraph 1 shall not apply
a) to the sale, supply, transfer or export of goods or technology to one of the partner countries in accordance with Annex VIII of Art. 12g of Regulation (EU) No. 833/2014 and/or
b) for the performance of contracts concluded before December 19, 2023, and performed by December 20, 2024 or expiring before then
3. If the customer breaches one of the contractual obligations applicable pursuant to paragraph 1, Press Parts Outlet is entitled in particular to extraordinary termination and compensation for damages. The customer shall indemnify Press Parts Outlet against any claims and costs in this connection.

(7.2) Export restrictions for Belarus
1. The customer undertakes not to sell, deliver, transfer or (re-)export goods or technologies that fall within the scope of Art. 8g of Regulation (EG) No. 765/2006, either directly or indirectly, and to use its best efforts to ensure this also with third parties in the supply chain (e.g. resellers).
2. Paragraph 1 shall not apply
a) to the sale, supply, transfer or export of goods or technology to one of the partner countries in accordance with Annex Vba of Regulation (EG) No. 765/2006
b) to the execution of contracts relating to goods falling under CN codes 8457 10, 8458 11, 8458 91, 8459 61, 8466 93, as listed in Annex XXX
c) to the execution of contracts concluded before 1 July 2024 until their expiry date
d) to public contracts concluded with a public authority in a third country or with an international organization.
3. If the customer breaches one of the contractual obligations applicable pursuant to paragraph 1, Press Parts Outlet is entitled in particular to extraordinary termination and compensation for damages. The Press Parts Outlet shall indemnify Heidelberg against any claims and costs in this connection.

§ 6 Price and payment

    (1) Prices are payable in EURO (€). Changes of exchange rates do not entitle the Buyer to price changes. Without prejudice to deviating provisions in the Order Confirmation, prices are quoted ex works excluding packaging, insurance, transport and other shipping costs and all government and official charges.

    (2) Prices are based on current cost factors. In the event of changes, the Seller reserves the right to make appropriate corrections.

    (3) Unless otherwise agreed, all payments without deductions shall be made free of charge to the beneficiary prior to delivery.

    (4) If a payment date is exceeded, default interest of 1% per month, but at least 6% points above the 3-month Euribor announced by the Austrian National Bank will be charged (if this reference interest rate ceases to apply, the successor rate stated by the Austrian National Bank will replace the Euribor). In the event of default, the Buyer undertakes to reimburse the Seller for the reminder and collection charges.

    (5) The Buyer may only set off such claims which have been legally established by a court of Austria.

    (6) Due to statutory rights of retention, due payments may only be retained by the Buyer to an extent which is in reasonable proportion to the value of the parts of the delivery not yet performed by the Seller in accordance with the contract and which therefore cannot yet be used by the Buyer.

    (7) The Seller is entitled to shorten payment periods granted and to make all payments due if the Buyer defaults on a due claim or, in the case of agreed partial payment, on an installment. In the event of justified doubts as to the solvency or creditworthiness of the Buyer, the Seller is entitled to withdraw from all current contracts with regard to the as yet unfulfilled delivery or to make the further fulfillment dependent on securities which appear suitable, including prepayment.

    § 7 Transfer of risk

      According to INCOTERM (version 2000), the risk shall pass ex works to the Buyer, unless otherwise agreed in the Order Confirmation. If dispatch is delayed due to the Buyer's conduct, the risk shall pass to the Buyer upon notification of readiness for dispatch.

      § 8 Retention of title, security rights

      (1) The Seller retains title to the delivery item until all his claims arising from the delivery to the Buyer have been settled. The Buyer shall provide the Seller with any assistance necessary to enable him to take all measures necessary to safeguard his title.

      (2) The Buyer shall be liable for the costs incurred or to be incurred by the Seller for the elimination of the rights of third parties, in particular if such costs cannot be demanded or collected by the third party.

      (3) If the Seller asserts the retention of title, this means not a withdrawal from the contract. The Seller can still demand the fulfillment of the agreed delivery contract by the Buyer, simultaneously against surrender/release of the object of the contract.

      § 9 Warranty

      Unless otherwise expressly agreed with the Buyer in writing and only valid for the individual case, which is documented in the Order Confirmation, the second-hand products presented in the Web-Shop are sold exclusively under exclusion of any warranty.

      § 10 No Return

      Once a product is purchased, it cannot be returned to the Seller. The sale is considered final once the Buyer has completed the payment and received the goods. There is no refund.

      § 11 Liability

      Except in the following cases, the Seller's liability for damages is excluded:

      • Damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the Seller or a legal representative or vicarious agent of the Seller;
      • Damages which are based on an intentional or grossly negligent breach of duty by the Seller or a legal representative or vicarious agent of the Seller;
      • Claims arising from mandatory statutory provisions, such as in particular under the Product Liability Act.

      In the event of gross negligence, the liability for damages shall be limited to the typically foreseeable direct damages, however, to a maximum of twice the value of the products of the respective delivery item.

      § 12 Withdrawal of the Seller

      The Seller can withdraw from the contract if the Buyer does not fulfill his obligations from this contract even after setting a grace period of at least 8 days. A withdrawal of the Seller does not mean a waiver of his claims against the Buyer.

      § 13 Assignment and transfer

      (1) The assignment of the rights and/or the transfer of the Buyer's obligations under the contract are not permitted without the Seller's written consent.

      (2) The Seller is entitled to use the assistance of vicarious agents for the performance of its obligations and to assign its obligations towards the Buyer to other companies.

      § 14 Additional agreements, partial invalidity

      (1) Subsidiary agreements are only effective if they are confirmed in writing by the Seller.

      (2) The invalidity of individual terms shall not affect the validity of the remaining terms. The invalid and impracticable terms shall be replaced by valid and practicable terms which closest reflect the contemplated economic purpose.

      § 15 Place of jurisdiction and applicable law

      (1) The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between the parties is the court competent at the Seller's head office, Karl-Farkas-Gasse 22.

      (2) These GTC and any contract of which the GTC are a part shall be governed by and construed in accordance with the laws of Austria; the application of the Vienna Convention on the International Sale of Goods and the non-mandatory conflict of law rules shall be excluded.