- Scope of the terms and conditions
All purchase and supply contracts are based upon our General Business Terms. Contradictory or supplementary terms and conditions of the customer and oral collateral agreements are only binding for us if we have confirmed these in writing.
Conclusion of contract
A contract shall be concluded by an offer and the acceptance of the offer.
In case of confirmation of shipment by e-mail the contract shall be concluded by sending the e-mail, by no later however than with the delivery of the goods to the customer. Our offers, in line with the order data handed over to us, are, insofar as not otherwise stipulated, binding for 10 workdays and beyond this without obligation.
Incomplete or dubious details in the purchase order/in the order, which lead to false deliveries, shall be for the account of the customer. Decisive for all deliveries is the article number of our company. All subsequent changes at the initiation of the customer will be charged to it.
Changes to and cancellations of orders for goods, which are already in production or being served, are not possible. Diagrams, dimensions and weight details in information and advertising documents are non-binding. The right is reserved to printing errors, mistakes and changes, in particular technical changes for improving the product.
The following applies when using our internet shops:
(1) The purpose of the contract is the sale of goods. Our internet offers are without obligation and not a binding offer to close a contract.
(2) You can submit a binding offer to buy (purchase order) by using our online shopping basket system. In doing so the goods that are intended for purchase are added to the “Basket”. By clicking on the appropriate icon in the navigation bar you can open the “Basket” and make modifications at any time. After proceeding to the “Checkout”, and entering your personal data as well the desired payment and shipping type a final order summary with all purchase data will be shown. Before sending the purchase order you have the option to check or amend any of the provided information (also by clicking on the “back” button of your internet browser) or you can cancel the order. By clicking the button “Purchase” you submit to us a binding order. You will then receive an automated e-mail confirming that your purchase order was received which does not lead to a conclusion of contract.
(3) The acceptance of the offer (and thereby the conclusion of contract) will be sent to you within 2 business days by confirmation in writing (e.g. e-mail), in which the processing of your purchase order or the despatch of the goods will be confirmed (order confirmation). In the event that you do not receive any notification you are no longer bound to your purchase order. Where applicable we will immediately refund already provided services.
(4) Your enquiries regarding the preparation of a quotation are without obligation. We will submit a binding offer in writing (e.g. by e-mail) that you may accept within 10 days.
(5) Order processing and transmission of all information that are necessary for the conclusion of contract are made by e-mail, partly automated. Therefore you have to make sure that your provided e-mail address is correct, the receipt of the e-mail is technically secured and will particularly not be prevented by SPAM filters
(6) The shop operator Prospersigns may instruct its subsidiaries to execute your order.
All prices are without obligation and are principally deemed as from shipping location plus packaging and transport costs as well as the applicable rate of value added tax. As our products are primarily determined for the commercial customer we have shown net prices.
All goods shall be produced and made available as soon as possible. Details concerning delivery deadlines are deemed as expected delivery times (not valid for purchase orders sent via our internet shops). Claims for damages owing to the non-satisfaction or delayed delivery are excluded. The customer may not reject partial deliveries.
The following applies when using our internet shops:
Provided that no other timescale is mentioned within the product description, delivery of goods will be within 3-5 working days when delivered in Australian and between 4-10 working days when delivered into any other EU country, following from receipt of the order confirmation (for proforma payment the lead time starts following from receipt of your payment). Please note that there will be no deliveries on Saturdays, Sundays and public holidays.
In the event you have ordered products with different lead times, we will prepare only 1 shipment unless we have made other arrangements with you. In this case the lead time will be that of the item with the longest lead time.
Shipment and passing of risk
With commercial customers the risk shall pass to the customer when the goods are handed over to the carrier or freight forwarder, by no later however than when they leave our shipping locations. With the delivery to end consumers within the meaning of § 13 BGB the risk shall pass at the time when the goods are handed over or with the delivery to the customer. Dispatch route and packaging are left to our choice without liability being assumed for this, except for the case of wilful intent and gross negligence. Express costs or special wishes (rail express, express package) among others shall be at the expense of the buyer.
Current account/balance clause:
Prospersigns reserves the property to the goods until all claims of the seller against the buyer from the business relationship have been settled. This shall also apply if individual or all claims of Prospersigns were included in a current account and the balance has been drawn and recognised. Prospersigns undertakes to insofar release the collateral to which it is entitled at the customer’s request to the extent that the realisable value of the collateral exceed the claims which are to be secured by more than 10%; the selection of the collateral items which are to be released shall be the responsibility of Prospersigns.
The seller of the reservation also reserves the right, in the event of the improper satisfaction of service obligations, to exercise its statutory right to cancellation after the setting of a reasonable deadline. The same shall also apply with the breach of secondary obligations, in particular through improper handling of the object of purchase by the buyer, if an adherence to the contract is deemed unreasonable for the seller.
Extended reservation of title in case of resale:
In the event of a resale of the reserved goods by the buyer it shall hereby now already assign all claims to the seller, to which it is entitled from this act. Such an assignment is carried out both with the sale of non-processed reserved goods, as well as in the event that there is a processing or connection with objects which are exclusively the property of the buyer. If the reserved goods are sold after processing or connection together with goods, which are not the property of Prospersigns, the buyer hereby now already assigns the claims incurred from the resale in the amount of the value of the reserved goods with all secondary rights and in rank before the residual claims. The buyer is also authorized to collect the claims after the assignment. The authorization of Prospersigns to collect the claims itself, remains unaffected hereby, however it undertakes not to exercise its right as long as the buyer properly satisfies its contractual duties. Prospersigns can request that the buyer notifies it of the assigned claims and their debtors, provides it all information which is necessary for the collection, hands over the relevant documents and informs the debtors of the assignment.
Check/bill of exchange clause:
If a liability of Prospersigns is established with regard to the bills of exchange in connection with the payment of the purchase price by the buyer then the reservation of title and the claim from the goods delivery, upon which this is based, shall not lapse before the bill of exchange is redeemed by Prospersigns as beneficiary.
Sketches, blueprints, sample set, sample print, samples and similar preliminary work by order of the customer will be charged. The customer has to inspect that the preliminary and interim products, which are sent for correction, are in accordance with the contract. The risk of possible faults shall pass to it with the release for printing by the customer insofar as the faults are not caused by technical defects of the production. This shall also apply to other releases of the customer for the further production. In case of coloured reproductions in all printing processes slight deviations from the original cannot be complained about. Surplus or shortfall in deliveries up to 10% of the ordered circulation cannot be complained about. The delivered quantity will be charged. We do not assume any liability for print templates, which are lost during shipment. Delivered print templates will be adjusted to the printing format which is available.
Right of revocation for consumers
Consumers are entitled the right of withdrawal for distance selling contracts (§ 312 b BGB).
(A consumer is any natural person that performs a legal transaction that is predominantly not for the purpose of commercial or selfemployed use.)
Instruction of revocation
Right of revocation
You have the right to withdraw from the contract within 14 days. The withdrawal period is 14 days from the day you or any third party named by you, that is not the carrier, took possession of the goods, where you ordered single or multiple item(s) that was or were delivered in a single shipment you or any third party named by you, that is not the carrier, took possession of the last item(s), where you ordered multiple items in a single order which were delivered in separate shipments you or any third party named by you, that is not the carrier, took possession of the last part shipment or part, in case you ordered an item that was sent in several part shipments or parts.
To protect the right of revocation period it is necessary that you send us the declaration regarding the withdrawal from the contract before right of revocation period ends.
Consequences of withdrawal
If you withdraw from the contract we have to refund you any payments we have received from you, including all charges for delivery (but excluding all additional costs incurred if you chose a different delivery type than the cheapest standard option we offered) promptly and no later than 14 days from receipt of the withdrawal from contract by you. For the refund we will use the same payment method as for the initial transaction unless a different kind of method has been explicitly agreed upon.
In no case you will be charged any fees for the refund transaction.
We may refuse the refund until such time as the goods or you provide proof that you returned the goods to us, whichever is earlier.
You are required to return or deliver the goods to us promptly and in any case no later than 14 days after you informed us about the withdrawal from contract. This period is protected if you send the goods before the 14 day period ends.
You are responsible for any direct expenses relating to the return of the goods.
You must compensate us for any loss in value where such loss is deemed to have been caused by your handling the goods in a way considered unnecessary to check their quality, characteristics or functionality.
Reason for refusal
The right of revocation ceases to exist for contracts
- for delivery of goods that are not ready-made and the manufacture of which is governed by individual choice or agreement with the consumer or which is clearly customised to suit consumers specifications
- for delivery of goods which may spoil quickly or whose date of expiry may pass quickly
- for delivery of alcoholic beverages whose prices have been agreed on at the close of contract that however may be delivered at the earliest 30 days after the close of contract and whose current value depends on fluctuations in the market over which the contractor has no influence.
- for the delivery of newspapers, journals or magazines with the exception of subscriptions
The right of revocation expires early
- for delivery of sealed goods that are not suitable for return due to health hygiene reasons where the seal was removed after delivery
- for delivery of goods if they are (due to their nature) inseparably mixed with other goods
- for the delivery of audio and video recordings or computer software in sealed packaging where the seal was removed after delivery
Right of revocation sample letter
(If you want to withdraw from the contract please fill out the following form and send it back to us.)
- To Prospersigns, Im Geer 15, 46459 Isselburg, Australian
- With this letter I / we (*) withdraw from the contract closed by me / us (*) for the purchase of the following good(s) / rendering of services (*).
- Ordered on (*) / received on (*)
- Name of consumer
- Address of consumer
- Signature of consumer (only when sent on paper)
(*) Delete as applicable
Right of revocation/right to return (for commercial buyers)
There is principally no right to return or revocation for commercial buyers. In the event of false deliveries a return shipment may only be carried out after coordination with us. In case of false deliveries orders by telephone are excluded from the taking back of the goods as there may be a transmission fault hereby.
Return shipments with carriage forward without our written consent will not be accepted and will be returned again for the expense of the sender. In case of the return shipment of falsely ordered goods we will charge 10% of the goods value as a processing fee.
Reports of defects and warranties
The buyer has to inspect the goods and report possible defects immediately in writing (e.g. e-mail), within 6 workdays after receipt. Defects to a part of the delivered goods shall not entitle to a complaint about the whole delivery.
Hidden defects must also be reported immediately in writing, by no later than 6 workdays after the discovery. For commercial buyers the statute-of-limitations for the warranty claims is one year. The end consumer can report defects within the statutory warranty period. Small deviations to the quality, colour, of the weight etc., which are customary for the trade or which cannot be avoided from a technical point of view do not justify any report of a defect. The seller under reservation can take unjustified reports of defects as a reason to request from the buyer the reimbursement of costs incurred to it. If the complaints are justified Prospersigns shall after examination at its own discretion provide subsequent improvement or a full substitute. The buyer can request the reversal of the contract, if the subsequent improvement or substitute delivery fails and for the event that the seller unjustifiably refuses to remedy the defects or make a substitute delivery or thus is in default and the buyer has set it a reasonable final deadline, which has expired unsuccessfully. The liability for defects shall not refer to natural wear and tear, to damages, which are suffered after the passing of risk as a result of faulty or negligent handling, excessive wear and tear or other influenced for which Prospersigns is not responsible. Losses or damages due to the transport are to be complained about by the recipient at the transport company, even if damage to packaging is not visible. The seller under reservation excludes liability for damages, which are suffered from the use of electronic devices, software and similar articles.
The claims of the customer are oriented to the general statutory regulations, insofar as not explicitly otherwise agreed.
The provider shall be liable to an unlimited extent for damages from the injury to life, the body or the health, insofar as it has not maliciously failed to disclose a defect or has assumed a guarantee for the condition of the object of purchase, in all cases of wilful intent and gross negligence, with damages according to the Product Liability Act or insofar as otherwise stipulated as mandatory by law.
We reserve our property and copyrights to offers, drawings, samples and other documents. They may not be made accessible to third parties without our consent. The orderer assumes the liability for the fact that we do not infringe any rights of third parties with the execution of the order (in particular property rights, copyrights and reproduction rights). It can refer to goods of Prospersigns in a suitable form.
The customer will receive an invoice including VAT (if applicable).
The invoice is sent in electronic form by email.
If requested by the customer, the invoice can be sent by post.
The payment of the purchase price is principally made with our terms of payment in advance or 30 days net. Unlawful deductions such as excessive cash discount, deduction of cash discount outside of the cash discount deadline, deductions for packaging, deductions for postage or other reductions, which we have not approved, shall continue to exist as open items and will be collected. In case of default of payment dunning fees will be charged in the amount of € 5/dunning letter (with the exception of the first reminder) plus postage codes as well as interest on default in line with the statutory provisions. After the unsuccessful expiry of the payment deadline which is set with the 3rd dunning letter our claim can be handed over to a debt collection company. At the same time further deliveries shall exclusively be made against pre-payment. If in case of default of payment by Prospersigns a debt collection office is commissioned with collecting the claim then the buyer has to bear the costs incurred from this commission. The following applies to agreed instalment payments: If the debtor is in arrears with the payment of one instalment by two weeks then the total still outstanding residual amount is due and payable immediately.
The following applies when using our internet shop:
We reserve the rights to check the payment method and adapt it if necessary.
Choice of law, place of performance, place of jurisdiction
(1) Australian law shall apply under the exclusion of the UN Convention on the International Sale of Goods. With consumers this choice of law shall only apply insofar as the protection granted hereby is not revoked by mandatory provisions of the law of the state of the consumer’s customary place of stay (benefit of the doubt principle).
(2) The place of performance for all services from the business relationships existing with the provider as well as the place of jurisdiction is the registered seat of the provider insofar as the customer is not a consumer, but a merchant, legal entity under public law or special assets under public law.
The same shall apply if the customer has no general place of jurisdiction in Australian or the EU or the place of residence or customary place of stay is not known at the time when the action is filed. The authorization to also bring the matter before the court at another legal place of jurisdiction remains unaffected hereby.
We have stored your address in our IT system. Please inform us of changes to your address. Insofar as you do not agree with the storage of your data we will arrange for the immediate deactivation. Orders of less than € 30 net cannot be carried out. In case of an order value of less than € 50 net a surcharge for shortfall in quantity of € 5 will be charged. The signature of the legal guardians is necessary in case of customers who are aged less than 18 years old. In case of special productions we are principally entitled to carry out surplus and shortfall in deliveries due to productions up to 10%; individual tolerances shall apply to several products.
The afore-mentioned business terms are binding under all circumstances and cannot be changed by announcement of your own terms of purchase. Should individual provisions of these General Business Terms be or become legally invalid in full or in part this shall have no effect on the validity of the other provisions. The law of the Federal Republic of Australian shall apply to all legal relations between the customer and us, in particular the BGB [Civil Code], particularly §§ 305 ff BGB (General Business Terms) and the HGB [Commercial Code].
This publication is protected by copyright. All rights reserved. The use of text, photos and / or drawings – even in extracts and / or modified – is considered a copyright infringement without written approval from Prospersigns and hence a criminal act.
This applies in particular to duplication, translation and / or use with data processing equipment.
This publication contains incorporated patents, utility patents, design patents and brand names and even though they are not marked as such, the corresponding protection provisions apply. Accuracy of colour of any images cannot be guaranteed.
- Customer Information
- Identity of the seller
50 Hamilton Drive Cranboourne North VIC 3977 450 043 223
- Information regarding the close of contract
The technical steps regarding the close of contract, the close of contract itself and the option to make changes result from clause “Conclusion of contract” of our general business terms (part I.).
- Contract language, storage of wording of contract
3.1. Contract language is English
3.2. The complete wording of the contract will not be saved by us. Before placing the order in our online shop system you can either print the contract data by using the print option of your browser or save them electronically. Following our receipt of your purchase order we will send you the order data, the statutory information for distance selling contracts and the general business terms once again by e-mail.
3.3. When enquiring about products or services outside of our online shop system you will receive all contract data together with a formal and generally binding offer by e-mail, which you can print or save electronically.
- Essential features of goods or services.
The essential features of the goods and services are listed in the product description and further information on our website.
- Prices and payment terms
5.1. The prices contained within our quotations as well as the delivery costs are net prices.
5.2. Shipping and handling charges are not included in the purchase price. You can review these costs on our home page by clicking the button “Information – Payment and Shipping” and are only valid for goods purchased online. They are stated separately during the order process and have to be paid by you. For any purchase orders that are not placed via our online shop system shipping and handling costs are calculated based on work incurred.
5.3. Available payment methods are shown on our home page by clicking on the corresponding button or specified in the relevant product description site.
5.4. Unless otherwise specified payment becomes due immediately after close of contract.
- Shipping Terms
6.1. Shipping terms, delivery time as well as possible delivery limitations are shown on our home page by clicking on the corresponding button or in the relevant product description site.
6.2. As far as you are a consumer, it is written law that responsibility for any loss or damage in transit passes to you when the goods are received, irrespective of whether the goods are insured. As the contractor, the shipping and delivery are at your own risk.
- Legal liability for defects of goods
7.1. The liability for defect of goods complies to our rules “warranties” as shown in our “General Business Terms (part I).
7.2. As a consumer you are kindly requested to check the delivery for completeness, obvious defects and damage in transit and inform us as well as the transportation company as quickly as possible. Failure to do so does not affect your statutory rights.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
If you have any questions about this Agreement, please contact us filling this contact form