1. conclusion of contract
(1) These terms and conditions apply to all our deliveries and services (which are to be seen as the sum of all activities performed by us).
(2) A contractual relationship shall only come into existence upon acceptance of a written order; declarations by fax, telex or e-mail shall suffice for compliance with the written form requirement. Until then, any offers made by us are non-binding.
(3) Contractual conditions or other terms and conditions of the customer are invalid unless we have expressly recognized them in writing.
(4) These Terms and Conditions shall only apply insofar as the respective contractual content has not been regulated otherwise by separate agreements and in writing, whereby in particular the provisions on prices, delivery modalities etc. are regulated by the respective valid price sheets.
2nd delivery
(1) Delivery dates for goods shall be deemed to have been met when they have left the Contractor's works or, in the case of a drop shipment, the subcontractor's works. Performance deadlines shall be deemed to have been met if we or our subcontractor have started to perform the service. In cases in which the delivery or service cannot be carried out or completed through no fault of our own or for reasons on the part of the customer, readiness for dispatch or readiness to perform shall suffice for the fulfillment of the contract on our part.
Furthermore, it is a fundamental prerequisite for us to meet the delivery deadlines that all information, technical and other data to be procured by the customer as well as any approvals are made available to us in good time.
(2) If a delivery date agreed in writing is exceeded by more than 6 weeks through our fault and if a reasonable period of grace to be set by the customer in writing thereafter is also not complied with through our fault, the customer shall be entitled to withdraw from the contract. In this case, any advance payments made shall be repaid to the customer, unless other claims against the customer, in particular claims from previous orders, exist. Any claims of the customer beyond the withdrawal, in particular claims for damages, are excluded by mutual agreement. Once the customer has received the goods, withdrawal is no longer permitted. Exceptions to this are online purchases, see point 3.
If a delivery or service is divisible, the right of withdrawal shall only apply to the outstanding deliveries or services.
(3) In the case of deliveries of goods, the risk shall pass to the customer when the goods are handed over to the carrier, irrespective of whether we carry out the transportation ourselves or a third party does so. In the event of delay in shipment due to our fault, the risk shall pass to the customer on the day the goods are ready for shipment.
(4) We are entitled, but not obliged, to insure the goods to be shipped against transportation risks of all kinds at the customer's expense. This, as well as a possible assumption of the transportation costs, has no influence on the transfer of risk.
(5) We are entitled to make partial deliveries or render partial services. In the absence of a separate agreement, we shall be entitled to invoice individual partial deliveries plus the respective statutory value added tax.
(6) Zum Begriff „höhere Gewalt“ zählen alle Ereignisse, die außerhalb unseres Einflußbereiches liegen und geeignet sind, die ordnungsgemäße Erfüllung unserer Verpflichtungen zu behindern oder zu vereiteln.
If such events last longer than 6 weeks or if an end to these hindrances is not foreseeable for more than 6 weeks, both contracting parties shall be entitled to withdraw from the contract in whole or in part. Each contracting party shall hand over to the other what it has received in the meantime; claims for damages by the customer are excluded in these cases.
(7) Upon receipt of the respective shipment (hardware or software), the customer shall carefully check the labeling on the outside with regard to the delivered product. By opening the sealed packaging, the software license terms of the manufacturer are acknowledged; a subsequent return or exchange is then not permitted.
(8) The place of performance is our registered office.
(9) We accept no liability for deliveries and services if the customer has not sufficiently designated the goods to be delivered when the contract was concluded.
(10) State export or transit regulations, even if they are of foreign origin, must be strictly adhered to.
(11) Documentation shall be delivered in German or English at our discretion. Sending the documentation by post and/or electronically shall be sufficient for the timely delivery of the documentation.
3. withdrawal from online purchase
(1) Online purchases are made by ordering goods via our WebShop or by ordering by e-mail.
(2) The withdrawal period is seven working days in accordance with §5e KSchG (Consumer Protection Act). In addition, we grant all end customers a 14-day right of return (10 working days). This begins with the delivery of the goods and, in the case of services, on the day the contract is concluded. Saturdays do not count as working days.
(3) The goods must be in their original packaging and unused.
(4) Excluded from the right of withdrawal are articles manufactured at the customer's request (e.g. PC with components according to customer requirements) and special orders (articles outside our product range in the WebShop). For information see §5f KSchG.
(5) In the event of withdrawal, the customer shall bear the costs of transportation and insurance for both delivery and return. These will be invoiced by us accordingly after the return shipment has been made.
(6) The customer is liable for damage to returned goods. Transport insurance for returns is strongly recommended to the customer, but is not covered by us!
4 Prices and terms of payment
(1) Our prices are set out in the respective valid offers. All individual prices stated in the offers are net prices; the total is stated net and gross in euros free shipping point. All shipping costs, in particular packaging, transport costs and transport insurance, as well as any customs duties and statutory VAT shall be borne by the customer. All ancillary costs shall be invoiced separately and acknowledged by the customer.
(2) In the event of currency or manufacturer-related price increases, we shall be entitled to change the prices even after conclusion of the contract. Claims by the customer, in particular for damages, are excluded.
(3) The invoices issued by us are to be paid promptly and without any deductions. Notwithstanding any provision or dedication of the customer to the contrary, payments shall be credited against the oldest outstanding invoices. In the absence of a separate written agreement, bills of exchange or checks will not be accepted by us on account of payment.
(4) In the event of late payment, we shall charge an interest rate of 5% above the respective bank rate, but at least 11% per annum. If the bank interest to be paid by us is higher, we shall also be entitled to subsequently invoice the customer for the higher bank interest to be paid by us. Interest on arrears shall be charged plus statutory VAT and compound interest in the amount of 14%. Furthermore, in this case a reminder fee of € 10 excluding VAT will be charged.
(5) Under no circumstances shall the customer be entitled to offset against existing or alleged counterclaims or to withhold due payments for any reason whatsoever, in particular due to alleged counterclaims.
(6) Notwithstanding any provisions or agreements to the contrary, we shall be entitled to perform outstanding deliveries or services only against advance payment or provision of security if a deterioration in the financial circumstances of the customer is deemed possible. If advance payments or securities have not been provided even after a reasonable grace period, we may withdraw from the contract. In this case, the statutory provisions shall be applied as if the customer had been in default of performance. If the customer has been granted partial payments, the deadline shall be lost if the customer is more than 5 days in arrears with an installment
5. warranty
(1) For hardware: We provide a warranty for defects in the material or for the technical function, whereby our liability in this respect is limited to rectification or subsequent delivery. Unless expressly agreed in writing, the warranty for the ordered and delivered goods shall only cover defects that already existed at the time of the transfer of risk; defects occurring later (e.g. due to incorrect storage or handling) shall be excluded from any liability on our part. In the case of third-party deliveries, we are entitled to assign our existing warranty claims against the manufacturer to the customer with debt-discharging effect. In no case shall we provide a replacement device for the period of repair or subsequent delivery, whereby we reserve the right to reclaim the defective device from the customer for possible return to the respective factory or the respective supplier (the agreements from 2. apply here). In the event of any other loss of the customer's claims, any defect discovered must be reported immediately. The warranty period shall not be extended if the defect is remedied or acknowledged. We shall only be liable - with the given limitations - for such technical descriptions which we have expressly conceded in the form of a contract, but not for information in brochures, magazines etc..
(2) For software: In addition to the above provisions, it is agreed that we shall only provide a warranty to the extent agreed with the manufacturer. In the absence of special provisions, the warranty period shall be 3 months (or 90 days). The warranty provisions for hardware shall also apply analogously to software; we shall only provide a warranty for the applicability and usability of the programs to the extent expressly agreed by us on the basis of the information provided by the customer. The customer's warranty claims are limited to subsequent improvement or subsequent delivery. If the rectification does not lead to the desired success, we are entitled, at our discretion, to grant a price reduction or to withdraw from the contract. (3) For other services: see the extensions listed below, in addition to the agreements listed here.
6 Other liability provisions
(1) We shall not be liable for any warranty claims beyond those under 5. In particular, we shall not be liable for damage to the customer's assets, nor for consequential damage of any kind. However, this exclusion of liability shall not apply in the event of willful damage by us or in the event of conspicuous carelessness or gross negligence.
(2) In the absence of a separate agreement, we assume no liability whatsoever for the infringement of industrial property rights of third parties (such as patents, copyrights, trademark rights, copyrights, design protection, etc.). Any alleged infringement of industrial property rights by third parties must be brought to our attention immediately and comprehensively.
(3) The customer shall be liable for ensuring that the restrictions on use or instructions of the manufacturer with regard to the hardware and/or software supplied are strictly adhered to and shall indemnify and hold us harmless in this respect. Such instructions from the manufacturer or from our side may in particular extend to restrictions in the use of the delivered goods (services).
In all cases in which our limitation of liability is inadmissible due to mandatory statutory provisions, we shall only be liable for compensation for the amount of damage that was foreseeable to us at the time of conclusion of the contract, taking into account all circumstances known to us or culpably unknown to us, but at most for the remuneration received from the customer.
(4) For more detailed information on copyright and terms of use, see 9.
7. services
The above limitations of liability also apply analogously to services. Services are those that are provided outside of the warranty. The warranty period here is 3 months. Services are provided in accordance with our service prices and conditions stated in the respective price sheets.
8. reservation of title
(1) We reserve title to the products delivered by us as well as to the products resulting from the processing or treatment until all claims to which we are entitled against the customer now or in the future have been fulfilled.
(2) Our retention of title shall also apply to those sums of money which are received by the customer as a result of the sale of the goods (services) supplied by us. The customer is obliged to keep the sums of money separately.
(3) We are entitled but not obliged to withdraw from the contract if insolvency proceedings have been opened against the customer's assets or if there is a delay in payment.
9 Copyright and rights of use
(1) Any drafts may not be changed either in the original or in reproduction without our express consent. Any complete or partial imitation is not permitted.
(2) In the event of a breach of point (1), the client shall pay us a contractual penalty amounting to 200% of the agreed remuneration.
(3) We shall transfer to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be transferred. In any case, even if we have granted the exclusive right of use, we shall remain entitled to use our designs and reproductions thereof for our own advertising purposes.
(4) Any transfer of the rights of use to third parties requires a written agreement between us and the client. The rights of use shall only be transferred to the client after full payment of the remuneration.
(5) We are entitled but not obliged to be named as the author on the reproductions (hard and soft copies). If the client violates the right to be named, he shall be obliged to pay us a contractual penalty amounting to 100% of the agreed remuneration. This shall not affect our right to claim higher damages in the event of a concrete calculation of damages.
10. ownership, obligation to return
(1) Only rights of use are granted to drafts and final artwork, but ownership rights are not transferred. The originals must be returned to us undamaged no later than three months after delivery, unless otherwise agreed in writing.
(2) In the event of damage to or loss of the drafts or final artwork, the client shall reimburse the costs necessary to restore them. The right to claim further damages remains unaffected.
11. invalidity of individual provisions
If a provision of these terms and conditions is invalid, it shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. Should one or more provisions of the contract be invalid, this shall not affect the validity of the remainder of the contract.
12. assignment of claims
The customer is not entitled to assign his claims arising from the contract.
13. place of jurisdiction
For all disputes arising from this contract, the local jurisdiction of the competent court at our registered office shall apply exclusively.
14. publication of data
(1) We are not obliged to hand over data carriers, files and data. If the client wishes us to make data carriers, files and data available to him, this must be agreed in writing and paid for separately.
(2) If we have provided the client with data carriers, files and data, these may only be changed with our consent.
(3) The client shall bear the risk and costs of transporting data carriers, files and data online and offline (for more information see 2.).
(4) We shall not be liable for defects in data carriers, files and data except in cases of intent and gross negligence. Our liability is excluded for defects in data carriers, files and data that arise during data import onto the client's system.
15. freedom of design and templates
(1) We shall have freedom of design within the scope of the order. If the client wishes to make changes during or after production, he shall bear the additional costs.
(2) If the execution of the order is delayed for reasons for which the client is responsible, we shall be entitled to demand an appropriate increase in remuneration. In the event of intent or gross negligence, we shall also be entitled to assert claims for damages.
(3) The client warrants that it is authorized to use all templates provided to us and that these templates are free from third-party rights. If, contrary to this assurance, he is not authorized to use them or if the templates are not free of third-party rights, the client shall indemnify us against all third-party claims for compensation.
16. third-party services
(1) We are entitled to order the external services necessary for the fulfillment of the order in the name and for the account of the client. The client is obliged to grant us written authorization to do so.
(2) Insofar as contracts for third-party services are concluded in our name and for our account in individual cases, the client shall be obliged to indemnify us from all liabilities arising from the conclusion of the contract, in particular from the obligation to pay the price for the third-party service.
17. contents of the websites - blocking in case of misuse, use
Mit der Übermittlung der Webseiten (an uns oder einen Server) stellt uns der Kunde von jeglicher Haftung für den Inhalt frei und versichert ausdrücklich, kein Material zu übermitteln, welches Dritte in Ihrer Ehre verletzt, andere Personen oder Personengruppen verunglimpft oder beleidigt. Der Kunde versichert weiterhin ausdrücklich, keine Inhalte oder Daten zu veröffentlichen, die gegen geltendes Recht Österreichs, der BRD oder USA verstoßen, erotischen Inhalts sind oder sog. ‚hacking‘ fördern. Es ist uns, aufgrund der knappen Preiskalkulation, nicht möglich, eine genauere Einzelfallprüfung für den Fall vorzunehmen, ob eventuelle Ansprüche Dritter, berechtigt oder unberechtigt, erhoben werden. Aus diesem Grund erklärt sich der Kunde bereits jetzt damit einverstanden, daß wir den Zugriff auf Daten für den Fall sperren können, wenn Ansprüche Dritter auf Unterlassung erhoben werden oder der Kunde womöglich nicht zweifelsfrei Rechtsinhaber der veröffentlichten Dokumente oder Dateien ist. Für den Fall, daß der Kunde Inhalte veröffentlicht, die geeignet sind, Dritte in Ihrer Ehre zu verletzen, andere Personen oder Personengruppen zu verunglimpfen oder zu beleidigen, mit erotischem Inhalt sind oder sogar gegen geltendes Recht verstoßen, sind wir berechtigt aber nicht verpflichtet, sofort den gesamten Inhalt des Angebots zu sperren, auch wenn ein tatsächlicher Rechtsanspruch eventuell nicht gegeben sein sollte. Dem Kunden ist es überlassen, den Beweis für die tatsächliche Unbedenklichkeit der Inhalte darzubringen. Ist dieser zweifelsfrei erbracht, wird das Angebot wieder freigegeben. Die Kosten für eine Sperrung, sowie die Kosten für den bestehenden Vertrag trägt in einem Fall, bei dem die Sperrung durch einen Verstoß gegen geltendes Recht verursacht wurde, weiterhin der Kunde.
18. trademark protection of the domain name
The customer assures that, to the best of his knowledge, no rights of third parties are violated and no illegal purposes are pursued by registering or connecting the domain name and uploading his pages to the Internet. The customer acknowledges that he is solely responsible for the choice of domain name and agrees to indemnify us against all claims for damages by third parties in connection with the domain name registration or connection. In the event that third parties assert rights to the domain name, we reserve the right to block the domain name in question or have it blocked at the customer's expense until the dispute has been settled in court.
19. additional agreement - IDN - reservation of umlaut domains
(1) The contract concluded between us and the client is to register a domain for the client with the desired ending .info, .ch, .li, .at, co.at, or.at and .de as a multilingual domain (domains with umlauts/special characters) as far as possible and available. We will attempt to register the desired domain for the client at the time specified by the registry, taking advantage of the technical possibilities and actual availability.
(2) The client accepts that there is currently no possibility of registering such domains under the TLDs .de, .info, .ch, .li, .at, .co.at, .or.at for domains and that the reservation does not guarantee the allocation of the domain.
(3) The client accepts that the allocation of domains by the registry is based on the priority principle and that we cannot influence the actual success of the registration attempt.
(4) We will in any case attempt to register the domains ordered. Due to the peculiarities of domain registration, liability on our part for all damages associated with the registration of domains is excluded, which is acknowledged by the client and thus exempts us from any claims for damages on his part.
(5) In particular, any liability on our part for technical defects, wherever they may occur, is excluded.
20. final provisions
(1) All amendments and additions to contractual agreements must be recorded in writing for verification purposes. Notices of termination must be made in writing. Notifications that must be made in writing may also be made by e-mail.
(2) The customer's general terms and conditions shall not become part of the contract.
These General Terms and Conditions apply to all contracts concluded between us and our client (hereinafter also referred to as the purchaser, contractual partner, customer or contractor). The terms and conditions shall be deemed to have been agreed if the client does not object to them immediately after receipt.
