GENERAL TERMS AND CONDITIONS OF BUSINESS WITH CUSTOMER INFORMATION
As of 12/2014
(The general terms and conditions of business below contain, at the same time, legal information concerning your rights in accordance with the regulations concerning remote sales contracts and agreements concluded by means of electronic business traffic).
1. Area of application
2. Offers and service descriptions
3. Order process and conclusion of the contract
4. Prices and shipping costs
5. Delivery and availability of goods
6. Payment methods
7. Reservation of ownership
8. Material defect warranty and guarantee
10. Right of revocation
11. Exclusion of right of revocation
12. Return shipments
13. Saving of the contractual text
14. Data protection
15. User account
16. Form of communication
17. Use of our website
18. Copyright and database rights
19. Additional intellectual property rights
20. Place of jurisdiction, applicable law and contractual language
1. AREA OF APPLICATION
1.1. The following general terms and conditions of business in the valid version at the time of the order shall apply exclusively to the business relationship between VON ERL. GmbH, Alte Landstrasse 27, A-6060 Hall in Tirol (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).
1.2. You can reach our customer service department in case of queries, complaints and objections during the working week. We are available from Monday to Thursday from 9am to 4pm and on Fridays from 9am to 12 noon. The contact telephone number is +43 5223 42892. You can also contact us via email, firstname.lastname@example.org.
1.3. A consumer as defined in these general terms and conditions of business is a person who does not belong to the operation of his or her company for the legal transaction here concluded (§ 1 of the Austrian Consumer Protection Act – KSchG) .
1.4. Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their applicability in writing. By means of the submission of an order via our online service, you hereby declare your express agreement to the applicability of our general terms and conditions of business in relation to your order.
2. OFFERS AND SERVICE DESCRIPTIONS
2.1. The representation of the products in the online shop shall not represent a legally binding offer, rather an invitation to submit an order. Service descriptions in catalogues and on the websites of the Seller shall not represent an assurance or guarantee.
2.2. Unless we make an express exception, all of our products are only sold in normal household quantities. On the one hand, this applies to the number of products per submitted order and on the other hand to more than one order of the same product by the same Customer which exceed a normal household quantity in total. All offers shall apply “while stocks last” unless otherwise stated in respect of the products. Otherwise, errors shall remain reserved.
3. ORDER PROCESS AND CONCLUSION OF THE CONTRACT
3.1. The Customer is able to choose products from the range in a non-binding manner and collect these in a so-called shopping basket via the button.
3.2. The Customer can then proceed to the conclusion of the order process within the shopping basket via the button (continue to checkout). Prior to sending the order, the Customer will receive a summary of the contents of the order including prices, which he or she can then correct or finally confirm.
3.3. Via the button (order in a binding manner), the Customer submits a binding offer for the purchase of the goods contained in the shopping basket. Prior to sending the order, the Customer can amend and view the data at any time. Necessary information which must be provided by the Customer is identified with a star (*). As our products cannot be sold to minors, it is necessary to enter the date of birth in order to verify that the Customer is of legal age.
3.4. The Seller will then send the Customer an automatic confirmation of receipt by email, in which the order of the Customer is once again stated and which the Customer can print out via the “print” function (order confirmation). The automatic order confirmation merely states that the order of the Customer has been received by the Seller and does not represent an acceptance of the order. The sales contract shall not come into existence until the Seller sends the ordered product to the Customer and provides confirmation by means of a second email (confirmation of dispatch). The Seller shall be entitled to deliver the order of the Customer in more than one package In such a case, the Customer shall receive a separate confirmation of dispatch for each package and a respective separate sales agreement shall come into existence for the products listed in the confirmation of dispatch. Regardless of the right of revocation to which the Customer is entitled, for each item in respect of which a right of revocation exists, the Customer shall be able to cancel each order prior to receipt of the confirmation of dispatch free-of-charge.
3.5. Should the Seller allow an advance payment, the article shall be reserved for a maximum period of 10 calendar days after the sending of the bank details and the payment request to the Customer. These will be sent to the Customer via a separate email. Should no payment have been received by the Seller within ten (10) calendar days of the sending of the said email, the reservation shall automatically lapse, with the consequence that the order is void, no contract comes into existence and the Seller is not obliged to provide delivery. The order shall then be cancelled for the Buyer and the Seller with no further consequences. Therefore, a reservation of the article in case of advance payments shall take place for a maximum of 10 calendar days.
Following receipt of payment, the Customer will once again receive a separate order confirmation and confirmation of dispatch email.
4. PRICES AND SHIPPING COSTS
4.1. All prices stated on the website of the Seller include the respectively valid value added tax and are stated in euros.
4.2. In addition to the stated prices, the Seller will charge shipping costs for the delivery. The shipping costs will be clearly notified to the Buyer within the framework of the order process, prior to the confirmation of the order which gives rise to a payment obligation. Depending on the country of delivery and type of delivery chosen, the shipping costs can vary.
The Seller ships its products via the following providers: Austrian Postal Service, DHL, DHL Express, UPS.
Depending on the choice of the country of delivery, the availability of the providers can vary.
The Seller accepts the following methods of payment: Advance payment, immediate bank transfer, Paypal, credit card.
5. DELIVERY AND AVAILABILITY OF GOODS
5.1. Unless separately agreed, the delivery will be made to the delivery address stated by the Buyer. We wish to point out that all information provided by the Buyer concerning availability, the expected shipping date or the delivery of the products merely concerns expected details and approximate guidelines. Under no circumstances does this represent binding or guaranteed dispatch or delivery dates, unless the said information has been expressly designated as binding dates by the Seller.
5.2. Should no specimens of the products selected by the Customer at the time of the order be available which means that these could not be delivered to the Customer within two (2) weeks, the Seller will notify the Customer of such and provide information of an expected possible delivery date in a separate email. Following receipt of the said notification, the Customer shall have ten (10) calendar days to confirm the order, taking into account the said longer delivery time. As a result, the procedure listed in Point 3 above shall be decisive in respect of orders.
5.3. Should be product be permanently non-deliverable, the Seller will not submit a declaration of acceptance and shall also inform the Customer of such in a separate email. In such a case, no contract will come into existence. Should the product selected by the Customer in the order be unavailable only temporarily, the Seller will also immediately inform the Customer of such in the order confirmation. In case of delivery delays of more than two weeks, the Customer shall have the right to rescind the contract. Otherwise in such a case, the Seller shall also be entitled to rescind the contract. Should this situation occur, the Seller shall immediately refund any payments which have been made by the Customer. Should advance payment be agreed, the delivery shall take place following receipt of the invoice amount.
6. PAYMENT METHODS, CUSTOMS
6.1. Within the framework of and prior to the conclusion of the order process, the Customer can choose from the available methods of payment.
6.2. Should payment by invoice be possible, the payment must be made within ten (10) days of receipt of the goods and the bill. In all other cases, payment must be made in advance without any discount.
6.3. Should third patties be engaged in respect of the payment process, for example Paypal, their general terms and conditions of business shall apply.
6.4. Should the due date of the payment be determined in accordance with the calendar, the Customer shall enter default if it misses the payment date. Unless mandatory statutory provisions prescribe otherwise, in such a case the Customer shall be obliged to pay default interest to the amount of 5 percentage points above the base rate of interest.
6.5. The obligation of the Customer to pay default interest shall not preclude the assertion by the Seller of further compensation claims due to default.
6.6. The Customer shall only be entitled to a right of set off if his or her counterclaims have been recognised by a court or are accepted by the Seller. The Customer shall only be able to exercise a right of retention if the claims result from the same contractual relationship.
6.7. To the extent that deliveries take place outside of the EU, the goods can be subject to import duties and taxes. These are charged once the package has reached the designated destination. All additional customs duties and fees must be paid by the Customer. The regulations in this respect vary greatly. Should you have any queries in this respect, please contact your local customs authority. The Seller also wishes to point out that in case of deliveries across national borders where customs inspections are made, the goods may be opened and inspected by the customs authorities.
7. RESERVATION OF OWNERSHIP
7.1. The delivered goods shall remain the property of the Seller until full payment has been made.
7.2. In case that the Customer acquires sole of co-ownership in a unified item by means of connection, amalgamation or mixing of our property with other moveable objects, the Customer hereby now transfers the said ownership right to us in order to safeguard our claim. The Customer hereby also undertakes to properly store the new item for us free-of-charge. In case of the selling on of the goods which belong to us or the item manufactured from these, the Customer shall inform its consumers of our ownership.
8. MATERIAL DEFECT WARRANTY AND GUARANTEE
8.1. The warranty shall be in accordance with the statutory regulations: Customers within the European Union shall have guarantee rights for two (2) years following the delivery of the goods. In particular, they shall be able to demand repair or replacement of the purchased goods, should these actually be defective or not correspond to the description. However, should the goods not be able to be repaired or replaced within a reasonable period of time, or should this be difficult, the Customer shall be entitled to demand a refund or reduction of the purchase price.
8.2. Should a subsequent delivery be made in the course of replacement delivery, the Customer shall be obliged to return previously delivered goods to the Seller at the expense of the latter and in compliance with the regulations separately notified by the Seller. In case of a breach, the Seller shall reserve the right to assert damages claims in accordance with the provisions regulated by law.
8.3. A warranty shall only exist in respect of the goods delivered by the Seller if this has been expressly submitted in writing.
9.1. Regardless of the other statutory claim requirements, the following exclusions and limitations of liability shall apply in respect of the obligation of the Seller to pay damages:
9.2. The Seller shall incur unlimited liability should the cause of the loss be due to intent or a grossly negligent breach of duty on the part of the Seller.
9.3. In addition, the Seller shall incur liability for a simply negligent breach of essential obligations, whose infringement endangers the attainment of the contractual purpose or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. However, in such a case, the Seller shall only incur liability for losses which are foreseeable and typical of the contract. The Seller shall not incur liability in respect of the simply negligent breach of obligations other than those named in the sentences above.
9.4. The above mentioned restrictions of liability shall not apply in case of injury to life, body or health, for a defect following the assumption of a guarantee concerning the quality of the product and in case of defects which are fraudulently concealed. The liability in accordance with the Austrian Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9.5. Should the liability of the Seller be excluded or restricted, this shall also apply in respect of the personal liability of its employees, representatives and vicarious agents.
10. THE RIGHT OF REVOCATION
10.1. Revocation by means of an express written declaration.
Any customer can revoke this contract within 14 days of receipt of the goods by means of the sending of a written declaration of revocation, without the giving of reasons. In order to exercise the right of revocation, the Seller, VON ERL. GmbH, Alte Landstraße 27, A-6060 Hall in Tirol, must be informed of the decision to revoke this contract by means of a clear declaration (for example letter sent by post, fax or email). It shall suffice if the declaration of revocation which the Customer will receive as an enclosure to the shipment/order confirmation is sent within the said deadline (in case of submission by post, the date of the certificate concerning the date of handover to the postal services shall suffice). The revocation form can also be downloaded under this paragraph. In order to comply with the revocation deadline, it shall suffice that the Customer sends the notification concerning the exercising of the right of revocation prior to expiry of the revocation deadline.
In such a case, the Customer shall be obliged to immediately return the goods and provide proof of this. Should the goods have been used and/or damaged, the Customer must pay a reasonable fee to the Seller for the use, including reasonable compensation for the damage incurred to a maximum amount of the value of the goods.
The declaration of revocation should be sent to the following address: VON ERL. GmbH, Alte Landstrasse 27, A-6060 Hall in Tirol or to the following email address: email@example.com.
Should the Customer require additional information concerning the right of revocation, in particular concerning its scope and content, he or she can contact our customer service department on: +43 (0) 5223 42 8 92.
10.2. Revocation by means of simple return of the goods
The Customer can also assert his or her right of revocation by simply resending the goods to the Seller within 14 days of receipt without a written declaration of revocations and providing proof of this. In such a case, proof of the timely sending of the goods shall suffice for compliance with the deadline. The prerequisite for this form of exercising of the right of revocation by means of simply resending the goods is that the items are not damaged and have not been used and that the required postage fee is paid. The Seller shall only bear the costs of return shipment if the delivery is incorrect or defect (postage). The risk of return and the proof of this shall be borne respectively by the Customer. In case of revocation on the part of the Customer (by means of an express declaration or simply returning the goods), the Seller shall immediately refund the purchase price which has already been paid – shipping costs will not be reimbursed. In case of orders on open account, a credit will be made to the customer account.
10.3. Consequences of revocation
Should the Customer revoke the contract, the Seller shall immediately reimburse the Customer, at the latest within 14 days of the day on which the notification of the revocation of the contract by the Customer was received by the Seller, in respect of all payments which the Seller has received from the Customer for the goods which form the subject of the revocation, including the delivery costs (with the exception of the additional expenses due to the Customer having chosen a type of delivery which differs from the cheapest standard shipping offered by the Seller). For the said refund, the Seller will use the same method of payment which the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. The Customer will not be charged any fee in respect of the said refund. The Seller shall be able to withhold the refund until the Seller has received the goods back or until the Customer has provided proof that he or she has returned the goods, depending on which occurs earlier.
The Customer must immediately return or hand over the goods and in all cases at the latest within 14 days of notifying the Seller of the revocation of this contract. The address to which the goods must be returned or handed over is VON ERL. GmbH, Alte Landstraße 27, A-6060 Hall in Tirol. The deadline shall be complied with if the Customer sends the goods within the expiry of the fourteen day period.
The Customer shall bear the direct costs of the return of the goods if the delivered goods conform to those which were ordered and if the price of the goods to be returned do not exceed the sum of 40 euros. The Customer shall also bear the direct costs of the return of the goods in case of a higher price should he or she not yet have provided consideration at the time of the revocation or have not yet made a contractually agreed partial payment. The costs are estimated to amount to a maximum of 10 euros. Otherwise, the return of the goods shall be free-of-charge to the Customer. Items which cannot be packaged will the collected from the Customer’s premises.
The Customer shall only be obliged to provide compensation for a loss of value if this is due to unnecessary use which goes beyond checking for quality, properties and functionality of the goods.
11. NOTES CONCERNING EXCLUSION OF THE RIGHT OF REVOCATION
The right of revocation shall not exist or shall lapse in particular in case of the following contracts concerning the:
– Delivery of goods which are not suitable for return for reasons of health protection or for hygiene reasons, whose seal was removed following the delivery or which were inseparably mixed with A144 goods due to their quality;
– Delivery of sound or video recordings or computer software which was provided in sealed packaging and the seal was removed after delivery;
– Delivery of goods which are manufactured in accordance with Customer specifications or which are clearly tailored to personal requirements.
12. RETURN SHIPMENTS
12.1. Prior to the return shipment, Customers are requested to report this to the Seller in order to give notice of the return delivery. By doing this, you enable the Seller to allocate the products as speedily as possible.
12.2. Customers are requested to return the goods to the Seller as a postage paid package and to retain the mailing receipt. On request, the Seller will reimburse the Customer the postage fees in advance, unless these must be borne by the Customer himself or herself.
12.3. Customers are requested to avoid damage or contamination of the goods. Where possible, the goods should be returned to the Seller in the original packaging with all accessories. Should the Buyer no longer have the original packaging to hand, alternative suitable packaging should be used, in order to sufficiently protect against damage during transportation and to avoid damages claims due to damage connected to defective packaging.
12.4. The procedures named in this section (Number 12) of the general terms and conditions of business are not a prerequisite for the effective exercising of the rescission in accordance with Number 10 of these general terms and conditions of business.
13. SAVING OF THE CONTRACTUAL TEXT
13.1. The Seller will save the contractual text of the order. These general terms and conditions of business, the data protection declaration and the revocation notice can be accessed online. The Customer can print out the respective contractual text prior to submission of the order to the Seller, by using the printing function of his or her browser in the final step of the order.
13.2. The Seller will also send the Customer a sending/order confirmation with all order data to his or her specified email address. In addition, the Customer will receive a copy of the general terms and conditions of business, including the revocation notice with the sending/order confirmation.
14. DATA PROTECTION
This data protection section provides information concerning the type, scope and purpose of the gathering of the visitors and users by shop.vonerl.com
VON ERL. GmbH
Alte Landstrasse 27
6060 Hall in Tirol
as the responsible body for data protection. Should you have any questions concerning data protection, you can reach us from Monday to Thursday from 9am to 4pm and on Fridays from 9am to 12 noon. The contact telephone number is +43 5223 42892. You can also contact us via email, firstname.lastname@example.org.
14.1. The Seller gathers data regarding each access to the online service (so called server log files). The access data includes the name of the accessed website, file, date and time of the access, transferred data quantity, report concerning successful access, browser type and version, the operating system of the Customer, referred URL (the previously visited site), IP address and the accessing provider. The Seller only uses the protocol data without allocation to the person of the Customer or other profiling in accordance with the statutory provisions for statistical evaluation concerning the purpose of the operation, security and optimisation of the online service. However, the Seller reserves the right to retrospectively check the protocol data if concrete indicators to a justified suspicion of unlawful use exist.
14.2. Personal data is information which can be used to find out the identity. This includes information such as the (full) name, address, postal address, and telephone number for example. This does not include information which is not directly connected to the actual identity (such as favourite websites or number of users of a site). The Seller processes the personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
14.3. Personal data will only be gathered and used by the Seller if this is allowed under the law or if the Customer provides his or her consent to the gathering of data. As a rule, during use of the service, the Customer can recognise which data is saved, for example name, email address and message when using the order form. The personal data entered for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the Seller for the purpose of fulfilment and performance of the contract. The said data is treated confidentially, transferred in encrypted form and not forwarded on to third parties who are not involved in the ordering, delivery and payment processes. When making contact with the Seller (by means of the contact form or by email), the details of the Customer will be saved for the purpose of processing of the enquiry and in case that subsequent queries arise. The Seller has taken organisation, contractual and technical security measures to ensure that the regulations of the data protection laws are complied with and that any random or intentional manipulations, losses, destruction or unauthorised access are prevented.
14.4. The Customer has the right to request free-of-charge information concerning the personal data about him or her which is saved by the Seller, as well as its origin and the purpose of the saving. In addition, the Customer has the right to correction of incorrect data and the blocking and deletion of his or her personal data, unless a statutory retention obligation prevents this. For information concerning information about the saved data and in case of further queries which are not answered in this data protection declaration, please contact VON ERL. GmbH, Alte Landstraße 27, A-6060 Hall in Tirol, telephone: +43 5223 42892, email: email@example.com.
14.5. The user data will only then be forwarded on to third parties if this is legally permissible or a user has consented to the distribution. For example, this is the case if the forwarding on of the data serves the fulfilment of contractual declarations in relation to the user and the postal address is forwarded to a shipping company after the placing of an order in the shop. Or if the data is requested by competent bodies such as prosecution authorities. The personal user data will not be sold or forwarded on to third parties for advertising purposes or in order to create user profiles under any circumstances.
There are two types of cookies: permanent and temporary (session cookies). Permanent cookies are saved on your computer or mobile device for a maximum of 12 months. Session cookies are only saved until you close your Internet browser – they are then deleted.
We use permanent cookies in order to save your data when you log into our online shop. We use session cookies if you use the product filter function and in order to check whether you are logged in when you put an article into your shopping basket.
However, we wish to point out that if you deactivate cookies, you will not be able to use all the functions of our Internet presence.
14.7. Emails with promotional information concerning the Seller and its services are only sent with the express consent of the Customer. The customers can object to the receipt of the newsletter at any time. Each mail contains an objection option. Prior to the sending of the email, the email account holder receives a confirmation email in which he or she must confirm the newsletter registration. Registrations which have not been confirmed will be automatically at the latest within four weeks. Messages within the framework of the contractual relationship with the Customer are not classified as promotional information. This includes the sending of technical information, details concerning the payment processing, follow up queries in respect of orders and comparable messages. The customers can apply for subsequent deletion from the message list by email to the contact details specified above. Within the framework of the registration, the Seller saves the time of registration and confirmation and the IP address of the Customer. The Seller is obliged by law to maintain a record of the registrations, in order to be able to provide proof that proper registration has taken place.
14.8. This website uses Google Analytics, a web analysis service of Google Inc (”Google”). Google Analytics uses so called “cookies”, text files which are saved on your computer and which enable an analysis of the use of the website by you. The information concerning your use of this website which is produced by the cookie is, as a rule, transferred to a Google server in the USA and saved there. In case of activation of the IP anonymity on this website, your IP address will however be reduced by Google within Member States of the European Union or in other Member States of the Treaty concerning the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google Server in the USA and shortened there. On behalf of the operator of this website, Google will use the said information in order to evaluate your use of the website, compile reports concerning the website activities and provide other services to the website operator which are connected to the use of the website and use of the Internet. The IM address transferred by your browser within the framework of Google Analytics will not be combined with other data by Google. You can prevent the saving of the cookies by setting your browser software accordingly. However we wish to point out that in such cases, you will not be able to fully use all of the functions of this website. In addition, you can prevent the recording of the data which is created by the cookie and which relates to your use of the website (including your IP address) by Google and the processing of the said data by Google by downloading and installing the browser plug in which can be obtained from the following link (http://tools.google.com/dlpage/gaoptout?hl=de). Further information concerning terms and conditions of use and data protection can be found at http://www.google.com/analytics/terms/de.html and https://www.google.de/intl/de/policies/. We wish to point out that Google Analytics was extended on this website by the “anonymizeIp” code, in order to guarantee an anonymous recording of IP addresses (so-called IP masking).
14.9. Social plugins (”plugins”) of the social network facebook.com are used on this online service. These are operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (”Facebook”). The plugins can be recognised on one of the Facebook logos (white “f” on blue tile or a “thumbs up” sign) or are identified by the addition “Facebook social plugin”. The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/. Should a Customer access a website on this online service which contains such a plugin, his or her browser opens a direct connection with the Facebook servers. The contents of the plugin are transferred directly to the browser of the user by Facebook and incorporated into the website by the browser. Therefore, the Seller has no influence on the scope of the data which Facebook gathers with the assistance of this plugin and therefore informs the Customer in accordance with its state of knowledge: By means of the incorporation of the plugins, Facebook is informed that a Customer has accessed a corresponding page on the online presence. Should the Customer be logged in to Facebook, Facebook can assign the visit to his or her Facebook account. Should a Customer interact with the plugins, for example by clicking on the like button or submitting a commentary, the corresponding information is transferred directly to Facebook from the browser of the Customer and saved there. Should a Customer not be a member of Facebook, it is still however possible for Facebook to register his or her IP address and save it. According to Facebook, only an anonymous IP address is saved in Germany. The purpose and scope of the gathering of data and its further processing and use by Facebook, as well as the related rights and setting options for the purpose of protection of one’s private sphere, can be found in the Facebook data protection notices: https://www.facebook.com/about/privacy/. Should a Customer be a Facebook member and not wish for Facebook to collect data about him or her via this online service and should he or she not want this to be connected with the member data saved by Facebook, he or she must log out of Facebook before visiting the Internet presence and delete the corresponding Facebook cookies. It is also possible to block Facebook plugins with add ons for the browser, for example with the “Facebook blocker”.
14.10. The buttons of the social network Google+ are used in this online service (for example !+1” button), which is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). Should a Customer access a website on this online service which contains such a button, his or her browser opens a direct connection with the Google servers. The contents of the buttons are transferred directly to the browser of the user by Google and incorporated into the website by the browser. Therefore, the Seller has no influence over the scope of the data which Google gathers with the button. According to Google, no personal data is gathered without a click on the button. Such data, including the IP address, is only gathered and processed in the case of members who are logged into Google+. The purpose and scope of the data gathering and the additional processing and use of the data by Google and the rights / setting options of the Customer concerning the protection of one’s private sphere can be found in the Google data protection notices in respect of the !”+1”button at: http://www.google.com/intl/de/+/policy/+1button.html and the FAQ: http://bit.ly/r3Qmer. Should a Customer be a Google+ member and not wish for Google to collect data about him or her via this online service and should he or she not want this to be connected with the member data saved by Google, he or she must log out of Google Plus before visiting the Internet presence and delete the cookies which belong to Google.
14.11. This online presence uses the buttons of the Twitter service. These buttons (for example “twitter” or “follow”) are provided by Twitter Inc, 795 Folsom St, Suite 600, San Francisco, CA 94107, USA. Should a Customer access a website on this online service which contains such a button, his or her browser opens a direct connection with the Twitter servers. The content of the Twitter buttons is transferred by Twitter directly to the browser of the Customer. Therefore, the Seller has no influence on the scope of the data which Twitter gathers with the assistance of this plugin and therefore informs the Customer in accordance with its state of knowledge: According to this, only the IP address of the Customer and the URL of the respective website are transferred when using the button, however not for purposes other than the representation of the button. Further information in this respect can be found in the Twitter data protection declaration at http://twitter.com/privacy.
14.12. This online presence uses the buttons (”pin it”) of the Interest service, http://pinterest.com. With the assistance of the buttons, it is possible for the Customer to share articles of the Seller on their “pinterest boards”. Should a Customer access a website on this online service which contains a “pin it” button, his or her browser opens a direct connection with the Pinterest servers. The content of the “pin it” button is transferred by Pinterest directly to the browser of the Customer. Therefore, the Seller has no influence on the scope of the data which Pinterest gathers with the assistance of the “pin it” button and therefore informs the Customer in accordance with its state of knowledge: According to this, only the IP address of the Customer and the URL of the respective website are transferred, however only for the purpose of representation of the “pin it”button and the sharing of the content. Further information in this respect can be found in the Pinterest data protection declaration at http://pinterest.com/about/privacy/.\
14.13 We secure our website and other systems against loss, destruction, hacking, alteration or processing of your data by unauthorised persons by means of technical and organisational measures. The access to customer accounts and other personal services is only possible following the entry of a user name and a personal password. You should always treat your access data confidentially and close the browser window once you have finished the communication with us, in particular if you use the computer together with other persons.
When transferring personal data, the so-called secure socket layer is used together with a 256 bit encryption. You can recognise the transfer of encrypted data by the showing of a locked key or closed symbol in the lower status list of your browser. The encryption of the connection takes place with high grade encryption (AES-256 256 bit), the key exchange with RSA 1024 bit.
Should you pay by credit card, an additional security feature is built in: This concerns the request for the so-called credit card security code in the ordering process. The three digit security code can be found in the signature area on the back of your credit card. In addition, the prescribed requirements of the payment card industry data security standard (PCI-DSS) are fulfilled.
14.14 The Seller reserves the right to amend the data protection declaration in order to adjust it to new legal positions, changes to the services or data processing.
15. USER ACCOUNT
15.1. The Customer is aware that the Internet is not a secure communication medium and that data which is sent over the Internet can become known on the one hand and can be amended by third parties on the other hand. Should this be permissible under applicable laws, the Customer shall bear the risk that data is not received by us or does not arrive with us in the form in which the Customer sent it. We assume that the data is received by us in the form that it was sent by the Customer.
15.2. Should the Customer set up a user account with us, then unless mandatory statutory provisions so prevent, the Customer shall be responsible that the confidentiality of his or her account and the password, as well as the access to his or her computer is ensured. To this extent, the Customer shall be responsible for all activities which are carried out under his or her account or password.
15.3. The Customer must immediately inform us if he or she becomes aware that a third party has become aware of his or her password or should a third party have used this without authorisation. The Customer must also immediately inform us if he or she has concerns that this could be the case.
15.4. The Customer must ensure that the information provided when creating the user account is correct and complete and that he or she immediately informs us of any change to the particulars provided during this process, in particular changes to his or her address or contact details. In particular, the Customer can do this himself or herself in the “my account” area on the website. The current account settings can also be viewed here by the Customer at any time.
16. FORM OF COMMUNICATION
16.1. Should you use our online service or send us emails, you are communicating with us electronically. We will also communicate with you via emails or by means of publications on our website. In respect of contractual purposes, you hereby agree all authorisations, notifications, publications and other communications which you receive from us in electronic form to not require written form to this extent, unless mandatory statutory regulations prescribe a different form of communication.
16.2. We can only receive messages during normal business hours: Monday to Thursday from 9 am to 5pm, Fridays from 9 am to 12 noon, with the exception of statutory national holidays in Austria. Outside of these times, messages which are stored on our server will not be deemed to have been received until the next working day.
17. USE OF OUR WEBSITE
17.1. Should you comply with the terms and conditions (of use) stated herein, you will be granted a limited, simple, non assignable and non sublicensable licence for the access and the non-commercial use of our online services by the Seller. In particular, the reselling of commercial use of our product information, descriptions or prices or the use of data mining, robots or similar data recording and data extraction programs is not covered by this licence by any means.
17.2. Without our express agreement, it is also not permitted to use frames or frame techniques in order to use trademarks, logos or other information which is protected by copyright such as pictures, page layout, texts or other design elements of the Seller. In addition, no meta tags or other “invisible” contents may be used with reference to our name or our trademark rights.
17.3. The rights of use granted herein shall lapse with immediate effect should you breach the conditions which have been set out.
18. COPYRIGHT AND DATABASE RIGHTS
18.1. In particular, texts, graphics, icons, pictures, digital downloadable data and audio clips etc are provided in our online service. The entire contents of our online service are the property of the Seller or third parties to whom the Seller has made these available and are protected by Austrian and international copyright and database rights.
18.2. Without the express written agreement of the Seller, it is not permitted to use even only parts of our online service, in whatever form. In particular, without our express written agreement, you are not permitted to use data mining, robots or similar data collection and extraction programs in order to extract parts of our service, even only in part, and/or create or publish new databases and contents etc by means of this.
19. ADDITIONAL INTELLECTUAL PROPERTY RIGHTS
19.1. By means of the following link, you can view a list of the trademarks and labelling rights which are in the ownership or under the licence of the Seller, whereby this does not however give rise to a claim to completeness. In all cases, it is prohibited to use these in connection with products or services which are not offered by the Seller, as this could lead to an allocation confusion on the part of customers concerning trademark rights or could lead to a reduction or discrediting of the Seller.
19.2. The products offered by the Seller are also protected by samples and patents.
20. PLACE OF JURISDICTION, APPLICABLE LAW AND CONTRACT LANGUAGE
20.1. The place of jurisdiction for all claims connected to the contract concluded with us shall be the objectively competent court for 6020 Innsbruck. Should the Customer be a consumer as defined in the Austrian Consumer Protection Act (KSchG), the said place of jurisdiction shall only be deemed to be agreed if the Customer maintains his or her place of residence, usual whereabouts or place of employment in this area of court jurisdiction and if no other mandatory statutory provisions prevent this. Regardless of the above, the Seller shall always be entitled to bring a lawsuit against the Customer at his or her general place of jurisdiction.
20.2. The law of the Republic of Austria shall apply to the exclusion of the United Nations Convention on the International Sale of Goods (CISG). This shall not apply should mandatory consumer protection regulations prevent such an application.
20.3. The contractual language shall be German.
21.1. A transfer of the rights and obligations under the contract concluded with us in full or in part shall require our written agreement.
21.2. In order to be valid, amendments and ancillary agreements shall require written confirmation by a person entered in the company register as having authority to represent our company and shall only apply to the individual business case. This shall also apply in respect of revocation of the said written form requirement.
21.3. Should one of the provisions above be ineffective or unenforceable, the validity of the remaining clauses and the underlying contract shall not be affected thereby. The ineffective or unenforceable provision shall be replaced by an effective and enforceable clause which comes as close as possible to the ineffective or unenforceable provision in economic terms.
21.4. In case that you breach the provisions contained in this contract and we take no action, this shall not be interpreted as a wavering of the right to subsequently assert our entitlements.
Hall, December 2014
VON ERL. GmbH