GTC & GWC

GWC - General Work Conditions

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GTC - General Terms and Conditions

The German GTC & AAB final version is always legally effective.

Scope
These general terms and conditions (GTC) apply to all offers, contracts, deliveries, and services of the graphic designer “&everafter” by Marina Brooks, Muliarplatz 1/34, 1230 Vienna. The current version of the AGB at the time of the contract conclusion is binding. The contractual partners are referred to as “customers.” The following conditions are part of all contracts between the customer and Marina Brooks. Customer AGB, changes to these AGB, or special agreements are only valid if Marina Brooks has expressly agreed to them in writing. Verbal agreements require written confirmation (e.g., via email) to be effective.

Governing Law and Jurisdiction

The terms and conditions of the agreement, as well as the resulting contractual relationship, are governed by the substantive law of Austria.

For disputes arising from or in connection with the contractual relationship governed by these terms and conditions — including those regarding the validity of the agreement — the exclusive jurisdiction of the competent court in Vienna is agreed upon, unless mandatory law provides otherwise. Marina Brooks reserves the right, however, to assert claims against the client before any other court, domestic or foreign, within whose jurisdiction the client has their registered office, residence, branch, or assets.

Offer, Contract Conclusion, Scope of Services
Offers to the customer are valid for 14 days and may be subject to change. The contract is concluded through written confirmation of the offer. A simple written agreement via email or a signed offer is sufficient. The services of &everafter are listed in the performance descriptions in the offer. All services remain the property of &everafter until all outstanding claims are fully paid. &everafter reserves the right to make changes and deviations to individual services if necessary for the proper execution of the agreed service. This includes, for example, adjustments to material prices. In such cases, &everafter commits to informing the customer as soon as possible.

Prices and Payment
A deposit of 25% is required for all stationery orders. The deposit is non-refundable as time and resources for the order are exclusively allocated to the customer. The remaining payment is due within 7 days of each completed item or at the latest 7 days before the event. Shipping/pickup is only possible after the invoice is fully paid. All goods/data remain the property of &everafter until full payment is made.

Prices are subject to potential increases in paper or material costs. Any subsequent changes to materials, quantities, and scope will result in new pricing and will be issued as a new offer. Errors are excepted. All prices include 20% VAT.

Any objections to an invoice must be made within 1 week of the invoice date, otherwise, the invoice is considered accepted.

Customer Obligations
The customer has a duty to cooperate, provide information, and notify regarding all details and changes related to the design service. The customer is responsible for the accuracy and verification of shipping addresses. Returns and reshipments due to undeliverability will be fully charged to the customer.

The customer must approve the final files before printing begins. The customer must thoroughly review the content and layout during this process. If errors, such as typos, are found after printing that were already present in the approved document, &everafter is not obligated to offer a discount or reprint. Such reprints must be paid for by the customer. Therefore, it is essential to check everything carefully and take your time with the approval!

Warranty
Defects must be reported immediately in writing. The statutory warranty provisions apply. In particular, &everafter is entitled to rectification in the case of defects.

Shipping & Tracking
Shipping within Austria, Germany, the EU, and Switzerland is free of charge. The customer is responsible for ensuring the accuracy of the shipping address. Returns and reshipments due to undeliverability will be fully charged to the customer. &everafter tracks packages in Austria using an AirTag to prevent them from getting lost. Please return the pre-franked AirTag within the mailing deadline at the Austrian Post. When your package is being tracked, you will receive an email from me (data protection information). If tracking is not desired, &everafter cannot offer concrete package tracing services.

Layout
The prices consist of layout and printing costs. The layouts include 3 rounds of revisions. Any additional revisions beyond this are charged at €90.00 per revision. The selection of the design from the initial layout proposals is not counted toward this. Each additional round of initial layout proposals after the included ones will be charged at €300.00.

Layouts will only be sent to the customer after the deposit has been paid.

Printing Approval & Printing
The customer’s approval for printing is required after receiving the digital mockup (preview simulation) or the print PDF, along with any associated adjustments. Printing approval must be given at least 14 days before the wedding/event. By approving, the customer assumes responsibility for the correctness of the design and content (e.g., typos). All prices include printing unless explicitly stated otherwise in the offer.

Flexibility in Case of Force Majeure (e.g., Pandemic)
Date changes and postponements before production begins are free of charge for the customer. In the event of a lockdown on the planned wedding date, a free digital "Change the Date" card for email or smartphone will be provided.

Cancellation & Withdrawal
For cancellations due to reasons not attributable to &everafter, 25% (+ any already completed layout, print, etc. services & implementations) of the accepted offer will be charged from the time the contract is concluded (cancellation fee). Cancellations made less than 30 days before the event will result in a 100% charge of the accepted offer.

All custom-made products are excluded from returns. Handmade products, such as torn edges, may have certain irregularities, which are characteristic of “handmade” items and are not grounds for complaint.

For corporate clients, a cancellation due to reasons not attributable to &everafter will be charged according to the hours worked from the time the contract is concluded. From 20 days before the deadline, 100% of the agreed service scope will be charged to the customer.

Sample Copies & Publications
&everafter reserves the right to use created designs for its own marketing purposes (Instagram, &everafter website, wedding platforms & fairs, Pinterest, print media) while complying with GDPR. Designs, images, and the designs themselves may be published.

Why?
As a sole proprietor and graphic designer, it is essential to share and showcase one’s work (i.e., portfolio), as 80% of what customers consider is visually appealing design and 20% craftsmanship. We, as graphic designers, rely on presenting our work while adhering to current laws to keep our sales cycle active. Therefore, we are proud to display our designs but understand that this may not be suitable for every customer.

Do you prefer nothing to be published?
No problem—please contact us at: hello@andeverafter.design.
We are also happy to provide contracts based on NDA terms.

Contract Conclusion for WEBSHOP
The customer’s order constitutes an offer. A contract is only formed after acceptance on our part. An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing, we cannot fulfill the order for other reasons. Before submitting the order, the customer has the opportunity to correct it. Once the order process is completed, the customer is notified via an information window confirming the successful order. However, this does not yet constitute acceptance of the customer's offer on our part.

Order Confirmation for WEBSHOP
When the order has been received by us, the customer will be notified at the email address they provided. This notification does not yet constitute acceptance of the customer’s offer.

The webshop does not constitute a legally binding offer. It is merely an invitation for the customer to make an offer (order).

Contract Conclusion for WEBSHOP
The customer’s order constitutes an offer. A contract is only concluded after acceptance on our part. The customer will be informed of the acceptance via email.

Prices and Shipping Costs
All prices are total prices, including any applicable VAT and shipping costs, unless otherwise specified. The invoice amount is understood to be exclusive of 20% VAT.

For deliveries to non-EU/EEC countries, the consumer bears all import/export costs, including any applicable customs duties, fees, and taxes.

Payment Methods for WEBSHOP
The following payment methods are accepted: PayPal, credit cards, and Apple Pay. Payment is processed via a third party, whose privacy policies and terms and conditions are separate and not associated with www.andeverafter.design.

Payment Due Date
Unless otherwise agreed, the customer must pay the full purchase price upon conclusion of the contract. The goods will only be shipped once the payment has been received in the specified bank account or PayPal account.

Right of Withdrawal / Cancellation Right

No Right of Withdrawal (Cancellation Right)
For goods that are custom-made or semi-custom-made based on the customer's specifications or clearly tailored to the customer's personal needs, there is no right of withdrawal (cancellation right). These goods are also excluded from exchanges.

Delivery Time for WEBSHOP
Unless otherwise agreed, delivery will take place within 14 business days after confirmation of the contract. Any deviations from the delivery times will be noted.

Retention of Title
The goods remain the property of &everafter until full payment is made.

In the event of a payment delay by the customer, &everafter is entitled to assert its rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute withdrawal from the contract unless the withdrawal is expressly declared in writing via email.

Contact Information for Customer Comments
You can send your suggestions directly to the following email address: hello@andeverafter.design.

Stand 17.03.2024