FOR PHOTOGRAPHIC SERVICES
As of: 01.02.2024
I. Applicability and scope of the general terms and conditions
1.1 The following General Terms and Conditions apply if the photographer is an entrepreneur or consumer within the meaning of Section 1 KSchG as a contractual partner.
1.2. The photographer provides his services exclusively on the basis of the following general terms and conditions. By placing the order, the client acknowledges their applicability. Unless the photographer announces any changes, these also apply to all future business relationships, even if no express reference is made to them. Any general terms and conditions of the contractual partner do not become part of the contract.
1.3. If individual provisions of these General Terms and Conditions are ineffective, this will not affect the binding nature of the remaining provisions of the contracts concluded on the basis of them. An ineffective provision must be replaced by an effective one that comes closest to its meaning and purpose.
1.4. Offers from the photographer are subject to change and non-binding.
II. Copyright provisions
2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photograph manufacturer (§§1, 2 para. 2, 73ff UrhG). Permissions for use (publication rights, etc.) are only deemed to have been granted if expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for use for the expressly agreed purpose and within the agreed limits (circulation number, time and location restrictions, etc.); In case of doubt, the scope of use stated in the invoice or delivery note is decisive. In any case, the contractual partner only acquires as many rights as correspond to the disclosed purpose of the contract (order given). Unless otherwise agreed, permission to use is only valid for a one-off publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.
2.2 For every use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to provide the manufacturer's name (attribution) or the copyright notice within the meaning of the WURA (World Copyright Agreement) clearly and legibly (visibly), in particular not overwritten and in normal letters, immediately attached to the photo and clearly assignable to it as follows: Photo: (c) Lisa Schmerold; Place and, if published, year of first publication. In any case, this provision is considered to be the affixation of the manufacturer's name within the meaning of Section 74 Paragraph 3 of the Copyright Act. If the photograph is signed on the front (in the picture), the publication of this signature does not replace the manufacturer's note described above.
2.3 Any alteration of the photograph requires the written consent of the photographer. This shall only not apply if the change is necessary in accordance with the purpose of the contract known to the photographer.
2.4 Authorisation for use shall only be deemed to have been granted in the event of full payment of the agreed shooting and usage fee and only if the photographer is properly credited / named (point 2.2 above).
2.5 In the event of publication, two free specimen copies must be sent. In the case of expensive products (art books, video cassettes), the number of specimen copies shall be reduced to one. In the case of publication on the Internet, the photographer must be informed of the web address.
III. Ownership of film material - Archiving
3.1.1 Analogue photography
The photographer shall be entitled to ownership of the exposed film material (negatives, slides, etc.). The photographer shall transfer ownership of the photographs required for the agreed use to the contractual partner in return for an agreed and appropriate fee.
The photographs supplied shall remain the property of the photographer until the purchase price has been paid in full. Unless otherwise agreed in writing, slides (negatives only in the case of a written agreement) shall only be made available to the contractual partner on loan against return after use at the risk and expense of the contractual partner.
3.1.2 Digital photography
The photographer shall be entitled to ownership of the image files. A right to hand over digital image files exists only after express written agreement and - unless otherwise agreed - only concerns a selection and not all image files produced by the photographer. The original files (RAW files) or unedited pictures shall also only be handed over subject to a separate written agreement and remuneration.
In any case, the authorisation of use shall only be deemed to have been granted within the scope of point 2.1.
3.3 The Photographer shall archive the photographs without legal obligation for a period of one year. In the event of loss or damage, the contractual partner shall not be entitled to any claims.
IV. Labelling
4.1 The photographer is entitled to label the photographs and the digital image files in any way he deems appropriate (including on the front) with his manufacturer's name. The contractual partner is obliged to ensure the integrity of the manufacturer's designation, in particular in the case of authorised forwarding to third parties (printers etc.). If necessary, the manufacturer's designation must be affixed or renewed. This also applies in particular to all means of reproduction created during production or when making copies of digital image files.
4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer's designation remains electronically linked to the photographs so that it is retained in any type of data transfer and the photographer can be clearly and unambiguously identified as the author of the photographs.
V. Ancillary obligations
5.1 The contractual partner shall be responsible for obtaining any necessary authorisations for use of the work from third parties and consent to the depiction of persons. He shall indemnify and hold the photographer harmless in this respect, in particular with regard to claims arising from the right to one's own image pursuant to § 78 UrhG and with regard to claims for utilisation pursuant to § 1041 ABGB. The photographer guarantees the consent of authorised persons only in the case of express written consent for the contractual purposes of use (point 2.1).
5.2 Should the photographer be commissioned by the contracting party with the electronic processing of third-party photographs, the client assures that he is authorised to do so and indemnifies the photographer against all third-party claims based on a breach of this obligation.
5.3 The contractual partner undertakes to collect any photographic objects immediately after the photograph has been taken. If these objects are not collected within two working days of being requested to do so, the photographer shall be entitled to charge storage costs or to store the objects at the expense of the client. Transport and storage costs shall be borne by the client.
VI Loss and damage
6.1 In the event of loss of or damage to photographs produced on commission (slides, negative material, digital image files), the Photographer shall only be liable - under whatever legal title - for wilful intent and gross negligence. The liability is limited to his own fault and that of his employees; for third parties (laboratories etc.) the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the photographs (if and insofar as this is possible). The client shall not be entitled to any further claims; in particular, the photographer shall not be liable for any travelling and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel) or for loss of profit, consequential and immaterial damages. Claims for damages shall only exist if the injured party can prove gross negligence. Claims for compensation shall become time-barred 3 months after knowledge of the damage and the damaging party, but in any case 10 years after the provision of the service or delivery.
6.2 Point 6.1 shall apply accordingly in the event of loss of or damage to templates (films, layouts, display pieces, other templates, etc.) and products and props provided. More valuable items are to be insured by the contractual partner.
VII Pre-cancellation
The photographer is entitled to terminate the contract with immediate effect for good cause. Good cause shall be deemed to exist in particular if bankruptcy or composition proceedings are opened against the assets of the contractual partner or if an application for the opening of such proceedings is rejected for lack of assets to cover the costs or if the customer suspends payments; or if there are justified concerns regarding the creditworthiness of the contractual partner and the latter fails to make advance payments or provide suitable security at the request of the photographer; or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite the setting of a 14-day grace period; or if the contractual partner continues to breach material obligations under the contract, such as the payment of a due instalment or obligations to cooperate, despite a written warning with a grace period of 14 days.
VIII. Performance and warranty
8.1 The Photographer shall carry out the order carefully. He may also have the order carried out - in whole or in part - by third parties. Unless the contracting party gives written instructions, the photographer shall be free to decide how the order is to be carried out. This applies in particular to the image design, the choice of models, the location and the photographic means used. Deviations from previous deliveries do not constitute a defect as such.
8.2 No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer shall only be liable for intent and gross negligence.
8.3 The contractual partner shall bear the risk for all circumstances that are not attributable to the photographer, such as weather conditions during outdoor shoots, timely provision of products and props, cancellation of models, travel restrictions, etc.
8.4 Consignments shall travel at the expense and risk of the contractual partner.
8.5 The photographer reserves the right - apart from those cases in which the contractual partner is entitled by law to rescind the contract - to fulfil the warranty claim at his discretion by improvement, replacement or price reduction. In this respect, the contractual partner must always prove that the defect already existed at the time of delivery. The goods must be inspected immediately after delivery. The photographer must also be notified in writing of any defects discovered without delay, but at the latest within 8 days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, including consequential damages, as well as the right to challenge errors due to defects, are excluded in these cases. The warranty period is 3 months.
8.6 No liability is accepted for minor defects. Colour differences in the case of repeat orders shall not be deemed to be a significant defect. Point 6.1 shall apply accordingly.
8.7 Liability for fixed order deadlines shall only be assumed if expressly agreed in writing. In the event of any delays in delivery, 6.1 shall apply accordingly.
8.8 Minor delays in delivery shall in any case be accepted without the contractual partner being entitled to a claim for damages or a right of cancellation.
8.9 Any authorisations for use granted by the photographer do not include the public performance of sound works in any media.
IX. Remuneration / fee
9.1 In the absence of a written agreement, the photographer shall be entitled to a fee in accordance with his current price lists, otherwise an appropriate fee. The photographers remuneration usually consists in a shooting/daily-fee for the photoshooting and a separate license fee for the pictures.
9.2 The fee shall also be due for layout or presentation photographs and if utilisation is not made or depends on the decision of third parties. In this case, no price reductions shall be granted on the recording fee.
9.3 All material and other costs (props, products, models, travelling expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, shall be paid separately.
9.4 Any changes requested by the contractual partner in the course of carrying out the work shall be borne by the contractual partner.
9.5 Conceptual services (consulting, layout, other graphic services, etc.) are not included in the shooting fee. The same applies to above-average organisational expenses or such meeting expenses.
9.6 If the contractual partner refrains from carrying out the order placed for reasons within his sphere of responsibility, the photographer shall be entitled to the agreed fee in the absence of any other agreement. In the event of absolutely necessary changes to the deadline (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs shall be paid.
9.7 The net fee is exclusive of VAT at the respective statutory rate.
9.8 The contractual partner waives the possibility of offsetting.
X. Licence fee
Unless expressly agreed otherwise in writing, the photographer shall be entitled to a separate licence fee in the agreed or reasonable amount in the event that a licence for use is granted.
XI. Payment
11.1 In the absence of any other express written agreements, a payment on account amounting to 50% of the anticipated invoice total shall be made when the order is placed. Unless expressly agreed otherwise in writing, the remaining fee - if it can be determined by the contractual partner - shall be due for payment in cash immediately after completion of the work, otherwise immediately after invoicing. Invoices are payable without any deductions and free of charges. In the event of a bank transfer, payment shall not be deemed to have been made until the photographer has been notified that payment has been received.
11.2 In the case of orders comprising several units, the photographer is entitled to invoice each individual service after delivery.
11.3 If the contractual partner is in default of payment, the photographer shall be entitled to charge interest on arrears at a rate of 5 per cent above the base interest rate per annum, notwithstanding any claims for damages in excess thereof.
11.4 Insofar as delivered images become the property of the contractual partner, this shall only occur upon full payment of the photography fee including ancillary costs. The assertion of the retention of title shall not constitute a cancellation of the contract unless this is expressly declared.
XII. Data protection
The contractual partner acknowledges the following data protection notice, unless he has received a further notification, and confirms that the photographer has thus fulfilled the information obligations incumbent upon him:
The photographer as the controller processes the personal data of the contractual partner as follows:
1. purpose of data processing
The photographer processes the personal data mentioned under point 2. for the execution of the concluded contract and / or the orders requested by the contractual partner or for the use of the images for advertising purposes of the photographer, in addition the further disclosed personal data for the photographer's own advertising purposes.
2 Categories of data processed and legal basis for processing
The photographer processes the personal data, namely name, address, telephone and fax number, e-mail addresses, bank details and image data, in order to achieve the purposes mentioned under point 1.
3. transmission of the contractual partner's personal data
Data will only be passed on to third parties in accordance with legal requirements. Data of the contractual partner will only be passed on to third parties if this is necessary, for example, on the basis of Art. 6 para. 1 lit. b) GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR in the economic and effective operation of our business operations.
If we use subcontractors to provide our services, we take suitable legal precautions and appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
If content, tools or other means from other providers (hereinafter jointly referred to as "third-party providers") are used within the scope of this privacy policy and their registered office is located in a third country, it can be assumed that data will be transferred to the countries in which the third-party providers are based. Third countries are countries in which the GDPR is not directly applicable law, i.e. generally countries outside the EU or the European Economic Area. The transfer of data to third countries takes place either if there is an adequate level of data protection, user consent or other legal authorisation
4. storage period:
The contracting party's personal data will only be stored by the photographer for as long as is reasonably deemed necessary to achieve the purposes set out in point 1 and as permitted by applicable law. The contractual partner's personal data shall be stored for as long as statutory retention obligations exist or limitation periods for potential legal claims have not yet expired.
The photographs shall be stored for 1 year for the duration of the agreed re-order option.
In addition, Lisa Schmerold is entitled (but not obliged) to store the photographs handed over to the client as agreed work results as original files together with the photo order as proof of authorship and thus for the exercise of or defence against legal claims (legitimate interest) for the duration of the copyright protection periods (70 years after the death of the author). Recordings not handed over to the client will be deleted promptly after recording.
Customer data subject to statutory retention obligations (e.g. invoices in accordance with tax regulations) shall be retained until the expiry of the statutory retention obligations and then deleted.
5 The rights of the contractual partner in connection with personal data
Under applicable law, the contractual partner is entitled, among other things
- to check whether and which personal data the photographer has stored in order to obtain copies of this data - with the exception of the photographs themselves;
- to demand the correction, supplementation or deletion of his personal data that is incorrect or not processed in accordance with the law;
- to request the photographer to restrict the processing of personal data, provided that the legal requirements are met;
- under certain circumstances, to object to the processing of their personal data or to withdraw the consent previously given for the processing;
- to request data portability;
- to know the identity of third parties to whom the personal data is transferred; and
- to lodge a complaint with the competent authority if the legal requirements are met.
6. contact details of the controller
If the contractual partner has any questions or concerns regarding the processing of their personal data, they can contact the photographer known to them by name and in writing.
XIII Use of photographs for advertising purposes of the photographer:
Unless expressly agreed otherwise in writing, the photographer is authorised to use photographs taken by him to advertise his work. The contracting party gives its express and irrevocable consent to the publication for advertising purposes of the photographer and waives the assertion of any claims, in particular from the right to one's own image pursuant to § 78 UrhG (Austrian Copyright Act) and to utilisation claims pursuant to § 1041 ABGB (Austrian Civil Code).
The contractual partner also gives his consent, taking into account the applicable data protection regulations, that his personal data and in particular the photographs produced may be processed for the purpose of publication for the photographer's advertising purposes.
XIV Final provisions
14.1 For companies as clients, the place of fulfilment and jurisdiction is the photographer's registered office. In the event of relocation of the registered office, legal action may be brought at the old and the new registered office.
14.2 For all claims brought against a contractual partner of the photographer who has his domicile, habitual residence or place of employment in Austria, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction. For consumers who are not domiciled in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply.
14.3 Any recourse claims asserted against the photographer by contractual partners or third parties on the grounds of product liability within the meaning of the Austrian Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused within the photographer's sphere of responsibility and was the result of at least gross negligence. In all other respects, Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The language of the contract is German. If the requirements of Article 5 (2) of the European Convention on Contracts for the International Sale of Goods (CISG) are met, but not a case of Article 5 (4) in conjunction with (5) CISG, the choice of law shall not result in the contractual partner being deprived of the protection afforded by the mandatory provisions of the law of the country in which he has his habitual residence.
14.4 These General Terms and Conditions apply mutatis mutandis to film works or motion pictures made to order by photographers, regardless of the process and technology used (film, video, etc.).
HOMEPAGE
As of: 10.12.2022
These conditions
(1) This website (the “Site”) and/or the services, including any related mobile applications (collectively: the “Services”) and all offers and sales of products (“Prints”) through the Site, are owned by Lisa Schmerold and is operated by her (hereinafter also: “we”, “us” and “our”). These Terms and Conditions (“Terms”) set forth the conditions under which visitors or users (collectively: “User” or “you”) may visit or use the Site and/or the Services and purchase products.
(2) By accessing or using the Services, you agree to the Terms and Conditions and agree to them in a binding manner. If you do not agree to all of the terms and conditions, then you may not access the site or use the services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These terms and conditions tell you who we are, how we sell products to you, how you can cancel the purchase contract and what you can do if you have any problems.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have permission from your parent or legal guardian to use the Services or purchase Products.
Purchase of products
(1) The purchase of products is subject to the conditions applicable at the time.
(2) If you purchase a product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) completing an order on the Site (by completing a payment process using the “Paid for” button “order” or a similar button) may constitute a legally binding contract for the purchase of the relevant product, unless these terms and conditions provide otherwise.
(3) By clicking on the corresponding button, you can select products from our product selection and add them to your shopping cart. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When you check out, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential features of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, shipping costs. On the payment page you also have the opportunity to check the products and quantities and, if necessary, change, remove or correct them. You can also use the editing function to identify and correct any input errors before you place your final, binding order. All delivery times stated apply from receipt of your payment of the purchase price. When you click on the “Order for a fee” button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the ordering process using the “Order for a fee” button, you must first accept these conditions as legally binding for your order by clicking on the corresponding box.
(4) We will then send you a confirmation of receipt of your order by email, in which your order will be listed again and which you can then print out or save using the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement for the purchase of the products is only concluded when we send you a declaration of acceptance by email or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). . In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above using the “Order for a fee” button.
(6) The purchase contract can be concluded in German. After the contract has been concluded, the contract terms and conditions will be stored by us and you will then no longer have access to them.
Right of withdrawal
You can revoke this contract within 14 days without giving reasons.
The cancellation period expires after 14 days from the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Lisa Schmerold
Puchsbaumgasse 47/1
1100 Vienna
Telephone number: +43 699 144 444 70
Email address: lisa.schmerold@icloud.com
inform you of your decision to revoke this contract by means of an unambiguous statement (e.g. a letter by post or email).
Consequences of revocation
If you cancel this contract, we will refund to you - without undue delay and in any case no more than 14 days after receipt of notification of your cancellation - all payments already received from you, including delivery costs (excluding the additional costs incurred by you desired delivery method that differs from the cheapest standard delivery we offer). We will make such a refund using the same payment method that you used for the original transaction, unless you have expressly authorized otherwise; in any event, such refund will not incur any fees to you. We may withhold the refund until we have received the goods back or you have provided evidence of having sent the goods back, whichever is earlier.
The goods will be returned or handed over to
Lisa Schmerold
Puchsbaumgasse 47/1
1100 Vienna
without unnecessary delay, but in any case no more than 14 days after receipt of notification of your revocation. The deadline is met if you send the goods before the 14-day period has expired.
You bear the direct costs of returning the goods. You will only be liable for any reduction in the value of the goods if this is due to treatment other than what is necessary to determine the nature, characteristics and functionality of the goods.
Storing online payment details
You can save a preferred payment method for the future. In this case, we will store this payment information in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available for our Products from time to time (“Offers”). Such offers are valid only for the period specified in such offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written consent.
Member account
(1) In order to access and use certain areas and functions of our Site, you must first log in and create an account (“Member Account”). You must provide accurate and complete information when registering your member account.
(2) If a person other than you accesses your member account and/or your settings, they can carry out all actions available to you, e.g. B. Make changes to your member account. We therefore strongly advise you to keep your member account login details safe. Such activities may be deemed to have been made for and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently enabled use of your Member Account by failing to take reasonable care to protect your login information.
(3) You may create and access your Member Account through a dedicated website or through a third-party platform such as Facebook (the “Social Network Account”). If you log in using a third-party platform account, you hereby grant us access to certain information about you stored in your social network account.
(4) We may permanently or temporarily suspend or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and our Services or other users, for example if you violate any provisions of these Terms or applicable law or regulation in connection with them your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your membership account upon two months' notice by email if, for example, we discontinue our membership account program. You can discontinue use and request deletion of your member account at any time by contacting us.
Permitted Use
(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal data or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any portion of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code that may interfere with the operation of any computer software or hardware intended to impair; (vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or other sites or the content contained on our Services, or use network monitoring software to determine the architecture of our Services or collect usage data to extract our services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activity being conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that is alleged or actual to violate these Terms.
Intellectual Property Rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our intellectual property rights") and none of the phrases in these Terms gives you rights in relation to our intellectual property rights. Except as expressly set forth herein or as required by mandatory law governing use of the Services, you do not acquire any right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set forth with respect to such content on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided on an "as is" or "as available" basis and without warranties of any kind, express or implied (warranties of suitability for a specific purpose or warranties regarding the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious failure to disclose defects. We do not warrant that the free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted for repairs, maintenance, or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Exemption
You agree to defend, indemnify and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney's fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use that violates the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Limitation of Liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body, health or slightly negligent violation of an essential contractual obligation, and only in the case of paid services or the sale of products. An “essential contractual obligation” means an obligation the performance of which is a prerequisite for the proper implementation of the agreement and on which you can normally rely and reasonably rely. Our liability for a slightly negligent breach of an essential contractual obligation is limited to the amount of normal and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions before the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior employees or other legal representatives, employees and vicarious agents.
Changes to the Terms and Services; Attitude
We reserve the right to change these Terms from time to time in our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any case during the checkout process if you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services you use are affected by the changes to the Terms, we will take due account of your legitimate interests. We will notify you of any such changes in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of such notice. We will inform you of this in our communication. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.
We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without further obligation. We will, where possible under the circumstances, inform you in good time in advance and take appropriate account of your legitimate interests when taking such action.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.
Applicable Law
(1) These conditions are subject to the laws of the Republic of Austria and are to be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers through alternative dispute resolution bodies.