General terms and conditions

1. validity; conclusion of contract

1.1. Anwert Digital GmbH (hereinafter referred to as the “Agency”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the agency and the customer, even if they are not expressly referred to. The GTC apply exclusively to legal relationships with entrepreneurs, i.e. B2B. 1.2. The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviations from these GTC and other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency. 1.3. Any terms and conditions of the customer, even if known, are not accepted, unless otherwise expressly agreed in writing in individual cases. The Agency expressly objects to any General Terms and Conditions of the Customer. No further objection to the customer’s GTC by the agency is required. 1.4. Amendments to the GTC shall be notified to the customer and shall be deemed to be agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence in the notification. 1.5. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

2. social media channels

Before placing the order, the agency expressly points out to the customer that the providers of “social media channels” and advertising networks (e.g. Facebook or Google, hereinafter referred to as “providers”) reserve the right in their terms of use to refuse or remove advertisements and appearances for any reason. Accordingly, the providers are not obliged to forward content and information to the users. There is therefore a risk, which cannot be calculated by the agency, that advertisements and appearances may be removed without cause. In the case of a complaint from another user, the providers will grant the possibility of a counterstatement, but even in this case the content will be removed immediately. In this case, the restoration of the original, lawful state may take some time. The Agency works on the basis of these Terms of Use of the Providers, over which it has no influence, and also bases the Customer’s order on them. By placing an order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. The agency intends to carry out the client’s order to the best of its knowledge and belief and to comply with the guidelines of “social media channels”. However, due to the currently valid terms of use and the simple possibility for any user to claim legal violations and thus achieve removal of the content, the agency cannot guarantee that the commissioned campaign will be available at all times.

3. concept and idea protection

If the potential client has already invited the agency to prepare a concept in advance and the agency complies with this invitation before the conclusion of the main contract, the following provision shall apply: 3.1. The potential client and the agency enter into a contractual relationship (“pitching contract”) as a result of the invitation and acceptance of the invitation by the agency. This contract is also based on the GTC. 3.2. The potential client acknowledges that the agency is already providing cost-intensive preliminary services with the concept development, although it has not yet assumed any performance obligations itself. 3.3. The concept is subject to the protection of the Austrian Copyright Act in its linguistic and graphic parts, insofar as these reach the level of a work. The potential customer is not permitted to use or edit these parts without the agency’s consent, if only because of Austrian copyright law. 3.4. The concept also contains ideas relevant to advertising that do not reach the level of a work and thus do not enjoy the protection of Austrian copyright law. These ideas are at the beginning of every creative process and can be defined as the spark that ignites everything that is produced later and thus as the origin of a marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic character are protected. In particular, advertising slogans, advertising texts, graphics and illustrations, advertising materials, etc. shall be deemed to be an idea within the meaning of this agreement, even if they do not reach the level of a work. 3.5. The potential customer undertakes to refrain from commercially exploiting or having commercially exploited or using or having used these creative advertising ideas presented by the agency within the framework of the concept outside the corrective of a main contract to be concluded at a later date. 3.6. If the potential customer is convinced that ideas were presented to him by the agency, which he had already come up with before the presentation, he shall notify the agency of this within 14 days after the day of the presentation by e-mail, citing evidence that allows a temporal allocation. 3.7. In the opposite case, the contracting parties shall assume that the agency has presented the potential customer with an idea that is new to him. If the idea is used by the client, it can be assumed that the agency has made a profit.

4. scope of services; order processing; customer’s duty to cooperate

4.1.
Der Umfang der zu erbringenden Leistungen ergibt sich aus der Leistungsbeschreibung im Angebot oder einer allfälligen Auftragsbestätigung durch die Agentur sowie dem allfälligen Briefing-Protokoll („Angebotsunterlagen“). Subsequent changes to the content of the service require written confirmation by the agency. Within the framework specified by the client, the agency has freedom of design in the fulfillment of the order. 4.2. All services provided by the Agency (in particular, but not limited to, all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, color prints and electronic files) must be reviewed by the Customer and approved by the Customer within seven working days of receipt by the Customer. After the expiry of this period without feedback from the customer, they shall be deemed to have been approved by the customer. 4.3. The Customer shall make available to the Agency in a timely and complete manner all information and documents required for the provision of the service. He will inform them of all circumstances that are of importance for the execution of the order, even if they only become known during the execution of the order. The customer shall bear the costs incurred as a result of work having to be repeated or delayed by the agency due to incorrect, incomplete or subsequently changed information provided by the customer. 4.4. The customer is also obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights, labeling rights or other third-party rights (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. The Agency shall not be liable in the case of merely slight negligence or after fulfillment of its duty to warn – at least in the internal relationship with the Customer – due to an infringement of such third-party rights by documents made available. If a claim is made against the Agency by a third party due to such an infringement, the Customer shall indemnify and hold the Agency harmless; the Customer shall compensate the Agency for all disadvantages incurred by the Agency as a result of a third party claim, in particular the costs of appropriate legal representation. The customer undertakes to support the agency in the defense of any claims by third parties. The client shall provide the agency with all documents for this purpose without being requested to do so. 4.5.
Durchführungsort und -zeit: Unless otherwise agreed, the Agency shall perform the contractual services at the location of the computer system or at the Agency’s business premises within the Agency’s normal working hours, at the Agency’s discretion.
If, in exceptional cases and at the customer’s request, services are provided outside normal working hours, the additional costs shall be invoiced separately.
The Agency shall be responsible for selecting the employee providing the contractual services and shall be entitled to engage third parties for this purpose.

4.6 Support Services: The Agency undertakes to fulfill the contractual software programs in accordance with the scope of services of the contractually agreed support class below:

• Information service: The customer will be informed about new program versions, available updates, program developments, etc. at an appropriate time.
• Hotline service: The Agency shall be available to the Customer within the Agency’s office hours for advice in connection with the use of the contractual software programs in the event of problems arising from time to time.
• Update Service: The agency shall provide the customer with the program updates provided by the manufacturer on the date specified by the agency.
  These include corrections of errors, elimination of any program problems that occur neither during the test run nor during practical use within the warranty period, improvements to the scope of services, changes to the software programs due to legal changes.
• Installation of program updates: The agency shall be responsible for installing or setting up the new program updates on the computer system covered by the contract.

4.7.
Fehlerbehebung: An error to be dealt with exists if the software program that is the subject of the contract exhibits behavior that deviates from the corresponding service description/documentation in the latest version and this can be reproduced by the customer.
Notices of defects must be addressed to the Agency in writing.
For the purpose of a precise investigation of any errors that may occur, the customer shall be obliged to make the computer system used by him (in the case of systems in an online network with other computers, also the corresponding connection), software programs, protocols, diagnostic documents and data available to the agency free of charge to a reasonable extent for test purposes during the agency’s normal working hours and to support the agency.
Recognized errors for which the Agency is responsible shall be resolved by the Agency within a reasonable period of time.
The Agency shall be released from this obligation if defects within the Customer’s sphere of responsibility hinder this and are not rectified by the Customer.
The error shall be resolved by means of a software update or appropriate alternative solutions.

4.8.
Nicht durch diesen Vertrag gedeckte Leistungen:

• Unless explicitly stipulated otherwise in this contract, the costs of travel, accommodation and travel time for the persons of the agency commissioned to perform the service.
• In the event of unauthorized use of services, the agency is entitled to invoice the customer for the costs incurred at the applicable cost rates.
• Services caused by changes to the operating system, hardware and/or changes to non-contractual, mutually program-dependent software programs and interfaces.
• Individual program adaptations or reprogramming.
• Program changes due to changes in legal regulations, if they require a change in the program logic.
• The Agency shall be released from all obligations arising from this contract if program changes are made to the contractual software programs by employees of the Customer or third parties without the prior consent of the Agency, or if the software programs are not used as intended.
• A barrier-free design within the meaning of the Federal Act on the Equality of Persons with Disabilities (Federal Disability Equality Act – BGStG)”, which can be requested separately.
• The elimination of errors caused by the customer or third parties.
• Loss or damage caused directly or indirectly by actions or omissions during operation by the customer or user.
• Data conversions, restoration of databases and interface adaptations.

5. third-party services; commissioning of third parties

5.1. The Agency shall be entitled, at its own discretion, to perform the service itself, to make use of competent third parties (as vicarious agents pursuant to Section 1313a of the Austrian Civil Code) for the performance of services under the contract and/or to substitute such services (“Third-Party Service”). 5.2. The commissioning of third parties within the scope of an external service is carried out either in the customer’s own name or in the name of the customer. The Agency shall select this third party carefully and ensure that it has the necessary professional qualifications. 5.3. The customer must enter into obligations to third parties that extend beyond the term of the contract. This also applies expressly in the event of termination of the agency agreement for good cause.

6. retention; archiving and release of data and documents

6.1 All reports, artwork, films and illustrations shall be stored by the Agency properly and free of charge for a period of one year from completion of the respective communication measure and shall be handed over to the Client during this period at the Client’s request. After expiry of the retention period or in the event of termination of the contract before expiry of this period, the documents shall be returned at the request of the customer, otherwise they shall be destroyed. The customer shall bear the costs for data collection, dispatch, packaging, storage beyond the agreed period and, if applicable, the costs for removal and destruction as well as the associated activities and insurance. 6.2 The agency is entitled to immediately destroy documents that are no longer required, such as manuscripts, sketches, drafts of advertising measures that have not been carried out or similar.

7. dates

7.1. Unless expressly agreed as binding, stated delivery or performance deadlines are only approximate and non-binding. Binding appointments are to be recorded in writing or confirmed in writing by the agency. 7.2. If the Agency’s delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the hindrance and the deadlines shall be extended accordingly. If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract. 7.3.
Befindet sich die Agentur in Verzug, so kann der Kunde vom Vertrag nur zurücktreten, nachdem er der Agentur schriftlich eine angemessene Nachfrist von zumindest 30 Tagen gesetzt hat und diese fruchtlos verstrichen ist.
Schadensersatzansprüche des Kunden wegen Nichterfüllung oder Verzug sind ausgeschlossen.

8. duration and resolution

8.1.
Der Vertrag tritt mit Unterschrift durch den Kudnen in Kraft und läuft auf unbestimmte Zeit.
8.2. Both parties are entitled to terminate the contracts with 60 days’ notice. The termination must be in writing, also the agreement of a change of the written form. 8.3. The agency is entitled to dissolve the contract for important reasons with immediate effect. An important reason exists in particular if

1. the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days being set;
2. the customer continues to breach material obligations under this contract, such as payment of a due amount or obligations to cooperate, despite a written warning with a grace period of 14 days;
3. there are justified concerns about the creditworthiness of the customer and the customer does not make advance payments at the request of the agency or provide suitable security prior to the agency’s performance;
4. bankruptcy or other insolvency proceedings are applied for, opened or rejected due to lack of assets against the other contracting party;

8.4. The customer is entitled to terminate the contract for cause if the agency violates essential provisions of this contract despite written warning and setting of a grace period of at least 30 days to remedy the violation. 8.5. In addition, both parties have an extraordinary right to premature termination without notice (with immediate effect) in the event of bankruptcy or a takeover.

9. fee

9.1. Unless otherwise agreed, the Agency’s fee claim arises for each individual service as soon as it has been rendered. The agency is entitled to demand advance payments to cover its expenses. From an order volume with an (annual) budget of € 7,000 or those that extend over a longer period of time, the Agency shall be entitled to issue interim invoices and advance invoices or to call for payments on account.
9.2. The fee is understood to be a net fee plus VAT at the statutory rate. In the absence of an agreement in the individual case, the Agency shall be entitled to a fee for the services rendered and the transfer of the rights of use under copyright and trademark law in the amount customary in the market. 9.3. All services provided by the agency that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by the Agency shall be reimbursed by the Customer. 9.4. Cost estimates of the agency are not binding. If it is foreseeable that the actual costs will exceed the Agency’s written estimate by more than 15%, the Agency shall inform the Client of the higher costs. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within seven working days of this notice and at the same time discloses more cost-effective alternatives. If the cost overrun is up to 15%, a separate notification is not required. This cost estimate overrun shall be deemed approved by the customer from the outset.
9.5. If the customer unilaterally changes or cancels work commissioned without involving the agency – without prejudice to the ongoing other support provided by the agency – the customer shall compensate the agency for the services provided up to that point in accordance with the fee agreement and reimburse all costs incurred. Unless the termination is due to a grossly negligent or intentional breach of duty on the part of the Agency, the Customer shall furthermore reimburse the Agency for the entire fee agreed for this order (commission), whereby the imputation remuneration of § 1168 AGBG shall be excluded. Furthermore, the Agency shall be indemnified and held harmless with respect to any claims of third parties, in particular contractors of the Agency. Upon payment of the fee, the customer does not acquire any rights of use to work already performed; rather, concepts, drafts and other documents that have not been executed are to be returned to the agency without delay. 9.6.
Honorare für Rahmenverträge (sogenannte Retainer-Vereinbarungen) sind ein gewisses Maximalbudget pro Monat für ein gewisses Stundenkontingent im Schnitt über einen bestimmten Zeitraum.

10. value retention clause

10.1. It is expressly agreed that the value of the claim plus ancillary claim shall remain stable. The Consumer Price Index 2020 (base year 2020) published monthly by Statistics Austria or an index replacing it serves as a measure for calculating the stability of value. 10.2.
Als Bezugsgröße für diesen Vertrag dient die für den Monat Jänner im Jahr 2020 errechnete Indexzahl. Fluctuations in the index number upwards or downwards up to and excluding 1.5% shall be disregarded. This margin shall be recalculated each time it is exceeded, either upwards or downwards, and the first index figure outside the applicable margin shall always form the basis both for the recalculation of the claim amount and for the calculation of the new margin. All rates of change are to be calculated to one decimal place.

11. payments; retention of title

11.1. The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This also applies to the charging on of all cash expenses and other expenses. The goods delivered by the Agency shall remain the property of the Agency until full payment of the remuneration, including all ancillary liabilities. 11.2. In the event of default in payment by the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the agency for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. In any case, this includes the costs of two reminder letters amounting to at least € 120.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected. 11.3. In the event of default in payment by the customer, the agency may demand immediate payment of all services and partial services provided under other contracts concluded with the customer. 11.4. Furthermore, the Agency shall not be obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration remains unaffected. 11.5. If payment in installments has been agreed upon, the Agency reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of term). 11.6. The customer shall not be entitled to offset its own claims against claims of the agency unless the customer’s claim has been recognized by the agency in writing or established by a court of law.

12 Ownership, right of use and copyright

12.1 All services of the Agency, including development-related artifacts (code, raw photos, InDesign, Photoshop, Illustrator, etc.) and those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, as well as the individual workpieces and design originals, shall remain the property of the Agency and may be reclaimed by the Agency at any time – in particular upon termination of the contractual relationship. 12.2 By paying the fee, the client acquires the right of use for the agreed purpose. The acquisition of rights of use and exploitation of the Agency’s services shall in any case require full payment of the fees invoiced by the Agency. If the customer uses the Agency’s services before this point in time, this use shall be based on a loan relationship that can be revoked at any time. 12.3 In the event of singular succession, the rights shall pass to the legal successor to the extent agreed between the Client and the Agency. An extension of the privileges shall require the Agency’s consent. 12.4 Changes and/or adaptations of the Agency’s services, in particular their further development by the Client or third parties working for the Client, shall only be permitted with the express consent of the Agency and, insofar as services are protected by copyright, of the author. The Agency and the author shall be entitled to a separate, appropriate fee for this. 12.5 No rights may be transferred or sold by the Client to third parties without the consent and remuneration of the Agency. 12.6 The use of the Agency’s services beyond the originally agreed purpose and scope of use shall require the Agency’s consent, irrespective of whether this service is protected by copyright or not. In return, the Agency and the author shall be entitled to a separate, appropriate fee. 12.7 The use of the Agency’s services and/or advertising material for which the Agency has developed concepts or drafts shall be subject to the Agency’s consent even after expiry of the agency contract, irrespective of whether the service is protected by copyright or not. 12.8 The Client shall be liable to the Agency for any unlawful use in double the amount of the reasonable fee for such use. 12.9 Insofar as software products are provided to the Client by the Agency or the Client is enabled to use software products as part of the services, the Client shall be entitled to the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unmodified form. 12.10. When using software products in a network, a license is required for each simultaneous user. When using software products on “stand-alone PCs”, a license is required for each PC. 12.11. For third-party software products provided to the customer by the agency, the respective license terms of the manufacturer of these software products shall take precedence over the provisions of this point. 12.12. Unless a separate agreement is made, no further rights to software products shall be transferred to the customer. The customer’s rights under §§ 40(d), 40(e) UrhG are not affected by this. 12.13. All documents provided to the Customer by the Agency, in particular the documentation for software products, may not be reproduced or distributed in any way, whether for payment or free of charge.

13. self-promotion; copyright notice

13.1. The Agency is entitled to use its work results or parts thereof for its own advertising purposes/as a reference free of charge even beyond the term of the contract. Access to assets, findings or results is only granted for non-confidential and non-business-critical information. The customer must be asked for permission before any aspects of this project are made public. The Agency or, if the services are protected by copyright, the author shall have the right to be named as the author; the Agency shall be entitled to discreetly place its company name or logo or another customary business designation on the Client’s advertising material in consultation with the Client if the Agency wishes to make use of this.

14. non-competition clause

14.1. The Client agrees not to engage any other advertising/communications agency for services in the Territory during the term of this Agreement. However, in the event of termination of the contract, the customer shall be entitled to commission services from a new agency during the last two months of the notice period if this is necessary in order to be able to continue open projects smoothly after termination of the contract. 14.2. The agency may not pass on any assets, findings or results from this project to direct competitors of the client, either for a fee or free of charge. This applies both during the project and in the 12 months after the project is deemed completed.

15. warranty

15.1. The customer shall report any defects in writing without delay, in any case within ten days after delivery/service by the agency, hidden defects within ten days after recognizing the same, describing the defect; otherwise the service shall be deemed approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects is excluded. 15.2. In the event of justified and timely notification of defects, the Customer shall be entitled to improvement or replacement of the delivery/service by the Agency. The Agency shall remedy the defects within a reasonable period of time, and the Customer shall allow the Agency to take all measures necessary to investigate and remedy the defects. The Agency shall be entitled to refuse to improve the performance if this is impossible or involves a disproportionately high effort for the Agency. In this case, the customer shall be entitled to the statutory rights of conversion or reduction. In the event of improvement, the customer shall be responsible for transferring the defective (physical) item at his own expense.
15.3.
The customer shall also be responsible for checking the service for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The agency is only obligated to perform a rough check of legal admissibility. The Agency shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfilling any duty to warn the Customer, if such content has been specified or approved by the Customer. 15.4. The warranty period is six months from delivery/service. The right of recourse against the agency pursuant to § 933b para. 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 ABGB is excluded. 15.5. The Agency shall inform the Customer in good time of any legal risks discernible to it in connection with the content or design of planned advertising measures. If the agency considers a legal (e.g. competition law) examination by a specialist to be necessary before carrying out a measure, it will point this out to the customer. If the Agency has expressed its reservations and the Customer nevertheless insists on the implementation of the advertising measure, the Agency shall not be liable for any resulting disadvantages or risks. The customer indemnifies the agency from all claims of third parties. Irrespective of this, the agency shall not be liable for technical information about customer products that are included in the advertising measures, nor for the protectability under copyright, design, trademark, brand or registration law of ideas, concepts, designs, etc. supplied within the scope of this contract, unless the protectability is expressly part of the contract. (see sections 10 and 13 GTC), unless the protectability is expressly part of the contract.

16 Liability and product liability

16.1. In cases of slight negligence, the liability of the Agency and its vicarious agents within the meaning of § 1313a ABGB (“people”) for property damage and financial loss of the Customer shall be excluded, whether for direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, breach of duty, culpa in contrahendo or due to defective or incomplete performance. The injured party must prove gross negligence. As far as the liability of the agency is excluded or limited, this also applies to the personal liability of its people. 16.2. Assets (images, text, models, etc.) submitted to the agency by the customer are used on the assumption that the customer is entitled to use them without violating any third-party rights. 16.3. Any liability of the Agency for claims asserted against the Customer on the basis of the services rendered by the Agency (e.g. advertising and promotional measures) is expressly excluded if the Agency has fulfilled its duty of disclosure or could not have recognized such a duty even as a result of slight negligence. The Agency shall not be liable for legal costs, legal fees of the Client or costs of the publication of a judgment or for any claims for damages or other claims of third parties; the Client shall indemnify and hold the Agency harmless in this respect. 16.4. Claims for damages by the customer expire after three months from knowledge of the damage; in any case, however, after three years from the infringing act by the agency. Claims for damages are limited to the net order value. 16.5.
Die Haftung für mittelbare Schäden – wie beispielsweise entgangenen Gewinn, Kosten, die mit einer Betriebsunterbrechung verbunden sind, Datenverluste oder Ansprüche Dritter – wird ausdrücklich ausgeschlossen.
16.6.
Soweit und solange Verpflichtungen infolge höherer Gewalt, wie z. B. Krieg, Terrorismus, Naturkatastrophen, Feuer, Streik, Aussperrung, Embargo, hoheitlicher Eingriffe, Ausfall der Stromversorgung, Ausfall von Transportmitteln, Ausfall von Telekommunikationsnetzen bzw. Datenleitungen, sich auf die Dienstleistungen auswirkende Gesetzesänderungen nach Vertragsabschluss oder sonstiger Nichtverfügbarkeit von Produkten nicht fristgerecht oder nicht ordnungsgemäß erfüllt werden können, stellt dies keine Vertragsverletzung dar.

17. data protection

17.1. The customer agrees that his personal data (name, profession, date of birth, company register number, power of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number) may be collected, stored and processed electronically for the purpose of fulfilling the contract and supporting the customer as well as for the agency’s own advertising and promotional purposes, for example by sending offers, advertising brochures or newsletters (in paper or electronic form), and for the purpose of referring to the current or previous business relationship with the customer. The customer agrees to the sending of electronic mail for advertising purposes until further notice. This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details given in the header of these GTC.

18 Applicable law

The contract and all reciprocal rights and obligations and claims between the Agency and the Customer derived therefrom shall be governed by Austrian substantive law to the exclusion of its conflict of law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

19 Place of performance and jurisdiction

19.1. The place of performance is the registered office of the agency. In case of shipment, the risk shall pass to the customer as soon as the agency has handed over the goods to the carrier chosen by it. 19.2. The court of jurisdiction for all legal disputes arising between the Agency and the Customer in connection with this contractual relationship is agreed to be the court with subject-matter jurisdiction for the Agency’s registered office. Notwithstanding the foregoing, the Agency shall be entitled to sue the Customer at the Customer’s general place of jurisdiction. 19.3. Insofar as in this contract terms referring to natural persons are only stated in the masculine form, they refer to women and men in the same way. When applying the term to certain natural persons, the respective gender-specific form must be used. Last change: April 12, 2023Download GTC as PDF