§ 1 validity
These terms and conditions apply to all sales transactions concluded, contracts, contracts, orders, subscriptions, services and related supplies, deliveries and services between the effect IT GmbH the following ‘ENTREPRENEUR’ called and the respective business partners and customers in the following. Called “Contractors”. Deviations from these terms and conditions are only legally binding if they are confirmed by written declaration by entrepreneurs. Terms and conditions of the contractual partner are not valid, even if contractor has not contradicted these. The party is a consumer within the meaning of the Consumer Protection Act, so the mandatory provisions of the Consumer Protection Act (KSchG) and the remote – and Auswärtsgeschäfte law (FAGG) apply to this legal business in addition to or amendment of these terms and conditions.
§ 2 contract elements
a) Sections of the contract are the contract signed by both parties, the terms and conditions mentioned in the contract, the offers, if necessary, specified in the contract, and written supplementary agreements.
b) The contract is subject to Austrian law. The individual agreement, these general terms and conditions, the UGB and the ABGB shall apply for the application and interpretation of the Treaty provisions in this order. Is the party the consumer, the corresponding provisions of the consumer protection act and dasFAGG.
c) The ineffectiveness of individual parts of these terms and conditions will not affect the validity of the remaining provisions. The invalid conditions replace those legal provisions, which are the legal and economic sense of the invalid terms the next.
§ 3 offer and conclusion of contract
All offers are subject to change pending their adoption. Offers and quotations are non-binding. The contract comes off only then effectively if ENTREPRENEUR confirms the order. ENTREPRENEUR offers is not bound prior to this date, the stated prices are subject to change. Supplementary agreements must be expressly in writing.
§ 4 delivery dates, grace and partial deliveries
Delivery dates and deadlines are agreed as approximate only, if they do not expressly and in writing are confirmed by entrepreneurs as binding. Delivery periods begin with the date of the written order confirmation by entrepreneurs, but not before receipt of an agreed down payment on his account. So the period the performance of a participation of the contractual partner is dependent, does not begin, before the Contracting Party has fulfilled its obligations to cooperate.
§ 5 prices and invoicing
a) Designated contractor prices are indicated in EURO. ENTREPRENEUR buys in turn by a contractual partner, whose home State has not the EURO as a means of payment, the price as agreed, resulting from conversion into euros on the basis of the euro exchange rate published by the European Central Bank at the time of the conclusion of the Treaty applies.
b) All prices are net plus the applicable value added tax and freight stock and do not include in addition, the contractual partner desired special packaging or modality, except it is otherwise agreed in writing.
c) The payment of the purchase price has to be carried out within the agreed deadline. Absence of contrary written agreements are to pay invoices within 10 days.
d) More than 4 months lie between contract conclusion and delivery, unless this is due to a delay in delivery for which entrepreneurs, entrepreneurs by the Contracting Party may require the approval to increase the agreed prices. As far as the required increase is more than 5% of the agreed price, ENTREPRENEUR for the cancellation of the contract is entitled.
e) In default of payment of the contractual partner, contractor has the right to make further deliveries and services by advance payments or security deposits of the Contracting Party, to demand compensation for damages instead of performance, and to withdraw from the contract. Further interest and claims for damages shall remain unaffected.
f) Are entrepreneurs aware of circumstances after conclusion of the contract, from which an impending inability to pay or a significant deterioration of the financial circumstances of the contract partner arising, we are entitled to demand the immediate payment of all open – also not yet due – bills or satisfactory safety performance. This applies in particular when applying for or opening of the Insolvenverfahrens. The contractual partner, delivering the required payment or security deposit within a reasonable period set by us ENTREPRENEUR for the cancellation of the contract is entitled. We reserve the right to any further claim for compensation in accordance with the statutory provisions.
g) Entrepreneurs owe interest of 9.2% over the base rate and consumers 4% above the respective base interest rate for late payment. It is possible to charge a flat-rate charge of EUR 40,-non-judicial Dunning costs entrepreneurs. Should be the actual cost of this amount, it is allowed to charge a higher amount of Dunning costs entrepreneurs.
§ 6 retention of title
a) All services provided remain the property of entrepreneurs up to the complete payment of all claims from the business relationship between contractors and entrepreneurs. The contractual partner is not entitled to a pledge or transfer of title of the reserved goods or the claims assigned to entrepreneurs. Of seizures or seizures of the reserved goods or the claims assigned to entrepreneurs, entrepreneurs must be notified immediately by the contractor, stating the pledge creditor.
b) The Party kept the goods free of charge. He has them against the usual risks, in particular theft, breakage, fire. Water and other damage, to insure the common extent. The contractor in the amount of the market value of the goods shall compensation claims, to which the contracting party due to a damage of the goods against an insurer or any other person, to entrepreneurs. The Contracting Party at the request of the ENTREPRENEUR does not immediately prove the insurance ENTREPRENEUR is entitled to insure the goods themselves at their own expense.
§ 7 passage of risk
The risk of a random destruction, damage or other deterioration of the products supplied by ENTREPRENEUR passes in case the shipment with delivery to the forwarding agent or carrier on the Contracting Parties. This also applies to freight paid shipment. For consumers is the risk transfer to them.
§ 8 termination of the contract
CONTRACTOR is entitled to immediate cancellation of the contract if the Contracting Party does not comply with its obligations to cooperate despite reminder and a reasonable grace or device with a payment in arrears and despite reminder and grace do not pay these. CONTRACTOR is also entitled to withdraw from the contract if the situation changes during the execution of much of the basis of the contract.
§ 9 validity of the KSchG. / right of withdrawal for consumers
a) The party is a consumer, this can resign from the contract in section 3 para 1 and 2 KSchG mentioned reasons explain where the term at the earliest starts to run with the date of the conclusion of the contract until the conclusion of the contract or thereafter within 14 days in writing. Remote – and Auswärtsgeschäfte law – FAGG; were the consumer an information sheet upon completion of the contract sense Annex I issued.
b) CONTRACTOR is entitled to immediate cancellation of the contract if the Contracting Party does not comply with its obligations to cooperate despite reminder and a reasonable grace or device with a payment in arrears and despite reminder and grace do not pay these. CONTRACTOR is also entitled to withdraw from the contract if the situation changes during the execution of much of the basis of the contract.
§ 10 prohibition of assignment
The contractual partner may transfer the rights under this agreement only with the express consent of the contractor to third parties.
§ 11 warranty and liability
a) The contract partner is obliged in writing and without delay, to emerging defects immediately from knowledge, – in the case of an entrepreneur -. In terms of provability, we recommend consumers, also in writing.
b) In the presence of defects, entrepreneurs to ensure is obliged according to the statutory provisions. The Contracting Party has to give entrepreneurs the opportunity to rectify the defects itself or by third parties selected by this. ENTREPRENEURS must therefore always the opportunity to improve / will be given to the Exchange.
c) The warranty also does not apply if serial number, designation, manufacturer designation or license plate are removed, or made illegible.
d) CONTRACTOR is liable only for the usually presupposed properties of a product, including the product characteristics specified by the manufacturer, as well as those characteristics that can be made to proper and appropriate application of the product. Scholar expressly stipulated properties, require written confirmation by the contractor. Technical information by contractor are without engagement and without obligation.
e) The contractual partner may offset only with undisputed or legally established claims. Also the right of retention is to him only in those cases. ENTREPRENEUR is obliged to pay damages only if intent or gross negligence meets him.
f) Failure of services as a result of outages that are not in the sphere of business (management, DNS, router failures etc) or are inevitable (reorganisation and maintenance of the server) could not whatever any claims against contractors cause. Predictable failures will be announced in advance on the home page of entrepreneurs. CONTRACTOR is liable not for mails sent via the mail server or for the content of a webpage.
g) In the case of external (hardware damage, fire, lightning, etc) or internal causes (software damage) or negligence contractor for the replacement of data nor for any resulting damage is liable.
h) For server failures and their consequences is not liable by entrepreneurs. The access can be eliminated in the course of normal maintenance work, entrepreneurs not stuck for any resulting consequences.
i) In particular, contractor liable for business, loss of earnings or profits and other damages suffered by third parties from the Elimination of the access or the use of web-shops or similar to customer care or sales transactions or used for business or commercial purposes other facilities on the Internet liable.
§ 12 special control software
a) Maintenance work are not offered for consumers!
b) Maintenance work must be agreed separately and expressly and is basically provision individually to the clearing.
c) For consequences caused by software failures, “Crashes”, software failures, incorrect operation or similar kind of whatever is not liable by ENTREPRENEUR, unless caused intentionally unlawful by employees of entrepreneurs.
d) Any existing or created specifications or similar are certainly not binding and no cost estimates, agreement of obligations or transfer of duties.
§ 13 place of fulfilment / jurisdiction
The A-2372 Gießhübl locally and factually competent court for is agreed as place of jurisdiction. Place of fulfilment is the seat of entrepreneurs. The party is consumer, the corresponding statutory provisions on the local and material jurisdiction shall apply.
§ 14 General information
Amendments and supplements to the contract must be in writing. This applies in particular to the waiver of the written form requirement.
§ 15 Declaration of consent according to the General Data Protection Regulation (GDPR):
The client was pointed out and agrees that the following company data (company name, contact person, address, contact information, VAT number, commercial register number) and personal data (name, function, contact details) collected by the effect IT GmbH for the following purposes, processed and used and passed on to partner and subcontractors of the effect IT GmbH and there also for the following purposes processed and used:
Customer data is used exclusively for customer correspondence, data management and project processing. The data is used for establishing contact, fulfillment of orders as well as for accounting and customer correspondence.
c) Cancellation or retention periods:
Due to statutory retention periods, data is kept physically and technically protected for at least 7 years, but beyond that until the termination of the business relationship.
The client has been advised that the personal data collected in the context of the aforementioned purposes will be collected, processed, used and transmitted in compliance with the General Data Protection Regulation (GDPR). The customer was also informed that the collection, processing and use of the customer data is voluntary. Furthermore, the client can refuse his consent without effects that are detrimental to effect IT GmbH or with the result that orders or projects can not be completed or only partially completed, or that they can be revoked at any time with effect for the future.
e) declaration of revocation
is exclusively direced to:
effect IT GmbH
In the case of revocation, the affected customer data will be deleted at the effect IT GmbH as well as at the partner and subcontractors upon receipt of the revocation.