General Terms and Conditions (GTC)
General Terms and Conditions of „Österreichischer Agrarverlag Druck und Verlags Gesellschaft m.b.H. Nfg. KG“ — hereinafter referred to as „ÖAV“ or „AV-Medien“
Part I) applicable to the business area Print & Digital Subscriptions
To go to „Part II) applicable to the business area Advertising Sales“, click here.
§ 1 Scope of application
- (1) The following “General Terms and Conditions for Print & Digital Subscriptions” (GTC for subscriptions) apply, in the version valid on the day of the order, to all current and future subscription contracts between the ÖAV as publisher and media owner of magazines and e‑papers (in physical or electronic form) and the customers. By placing an order, the Customer agrees to these GTC for subscriptions and is bound by them.
- (2) Should individual provisions of these GTC be void in whole or in part due to mandatory legal provisions (in particular the provisions of the Consumer Protection Act KSchG), the remaining provisions of these GTC remain in force unchanged.
- (3) All ancillary agreements, amendments and additions to contractual agreements with the ÖAV must be made in writing in order to be effective, as must any waiver thereof.
§ 2 Conclusion of contract
- (1) All offers (in brochures, catalogues, online shops, on price lists, websites, etc.) are non-binding and are to be understood as an invitation to customers to make an offer themselves. After placing the order, the customer will receive an electronic confirmation of receipt, which, however, does not constitute acceptance of the offer, but merely serves to inform them that their order has been received by the ÖAV.
- (2) The offer is accepted by the ÖAV either by sending an order confirmation (or access data to the app) via mail, fax or e‑mail within 14 days of receipt of the order or directly by sending the ordered subscription (or access data to the app), also within 14 days of receipt of the order at the latest.
- (3) The ÖAV reserves the right to reject an application for subscription (order) of a potential customer without giving reasons.
- (4) The ÖAV reserves the right to make technical and other changes within the bounds of what is reasonable. There is no entitlement to a specific arrangement or selection of content.
§ 3 Contractual language
The contractual language used in the content of the contract, for all other information, customer service and complaint handling is German.
§ 4 Delivery, subscription period
- (1) In principle, a subscription is taken out for the minimum subscription period stated in the respective offer and thereafter until it is cancelled. For digital subscriptions, the minimum subscription period begins with the order. For print subscriptions, it starts with the first delivery. Subscription campaigns with a limited period of time (trial subscriptions) end automatically after the specified contract period, unless otherwise stated in the course of the offer.
- (2) The first delivery (of print subscriptions) will take place after receipt of payment on the date specified in the respective order, provided that payment is received by the ÖAV in good time (10 days before delivery). When it comes to orders without a specified delivery date or when orders are not placed in time, the delivery will take place as soon as possible. Delivery will be made to the last known address. As for e‑paper/digital subscriptions, access data will be sent and/or the activation will take place after the order has been placed. Access data will be sent to the last known e‑mail address. In the event of non-payment of the agreed subscription fee within 14 days, or within 6 weeks for credit card payment, subscription access will be deactivated and/or delivery will be interrupted until successful completion of payment. In their own interest, subscribers must notify the ÖAV immediately of any change in their delivery address (e‑mail or postal address).
- (3) The provision of online issues of magazines purchased either through in-app purchases or via the ÖAV’s online shop is generally unlimited; reference is made to the limitations of liability according to § 9.
- (4) The delivery of print magazines is free of charge. Delivery defects must be reported immediately.
- (5) The ÖAV is only liable for non-delivery, late delivery or damage to property in the course of delivery in the event of intent or gross negligence. Liability is limited to Austria. Copies to be delivered abroad travel at the subscriber’s risk.
- (6) In the event of force majeure (natural disasters, strike or lockout, etc.), subscribers are not entitled to delivery or compensation. The ÖAV reserves the right to voluntarily provide subscribers of print subscriptions with an e‑paper for the period of delivery hindrances, if e‑papers are not already part of the subscription. There is no entitlement to this, however.
- (7) Agreed interruptions to subscriptions are not possible.
- (8) Supplements, including advertising material, are an integral part of the respective magazine and cannot be omitted from individual issues for technical reasons.
§ 5 Subscription price
- (1) In principle, the subscription price for the ordered subscriptions is deemed to be agreed as it appears from the respective offer (in current brochures, catalogues, price lists, websites, online shops, etc.).
- (2) In the event of a price adjustment (reduction/increase) during the contract period, the subscription price valid as of the adjustment is payable as of the next invoicing/payment date. The subscription price is set based on various costs (personnel, assignment of rights, raw materials, printing, energy, fuel, rent for rooms, etc.), fees and taxes. In the event of changes to these components due to objectively justified circumstances beyond the control of the ÖAV, the ÖAV reserves the right to increase or reduce the subscription fee accordingly. For the period of payment in advance, the subscription price paid is fixed.
- (3) Unless otherwise stated, all prices quoted to consumers are gross daily prices including value added tax as defined by the law. For entrepreneurs, prices are quoted as net prices. Shipping costs will be announced separately and will be an additional item on the invoice.
- (4) Should export or import duties become due in the course of shipment, they must be borne by the customer. Prices for the deliveries offered do not include any costs charged by third parties.
- (5) In the case of sales to customers outside the EU, no turnover tax is payable. However, customers must pay any national import duties. In the case of sales to entrepreneurs within the EU, no Austrian turnover tax is due upon proof of the VAT identification number, but entrepreneurs do have to pay the turnover tax in their home country.
§ 6 Terms of payment, default of payment
- (1) Invoices will be sent to the last known e‑mail address or postal address in the case of postal delivery of invoices and, unless otherwise agreed, are due immediately upon receipt of the invoice without deductions or charges. The subscriber must notify the ÖAV immediately of any change in his/her billing address (e‑mail and/or postal address). Any failure to communicate changes in the (electronic or postal) delivery address is at the expense of the subscriber. All risks in connection with the storage of electronic invoices are borne by the subscriber. Electronic automated replies (out of office notes etc.) will not be taken into account by the ÖAV and will not influence the valid delivery.
- (2) In principle, the subscription fee is due in advance. The subscriber may choose between monthly, quarterly, half-yearly and annual payment when placing the order. This choice can be changed by mutual agreement with the ÖAV at any time after the expiry of the selected payment period. For the period of payment in advance, the subscription price paid is fixed.
- (3) In the event of late payment, interest on arrears amounting to 12% p.a. will be charged. In addition, the ÖAV reserves the right to interrupt or discontinue delivery and/or deactivate digital subscription access.
- (4) In the event of a reminder, a fee of Euro 10.00 (but no more than 10% of the amount owed) will be due for each reminder. In addition, the costs for court and out-of-court debt collection which are necessary for the appropriate collection of outstanding amounts, including pre-litigation costs of a lawyer and/or debt collection agency, have to be paid as well.
- (5) The possibility of offsetting against the subscription price claim of the ÖAV is excluded, except in the case of insolvency of the ÖAV or in the case of claims of the consumer, which are legally related to the consumer’s liability, have been established by a court or have been recognised by the ÖAV.
- (6) The costs to be reimbursed by a consumer for the appropriate collection of outstanding debts or for the reminder fees may not exceed an amount that is in reasonable in proportion to the outstanding amount owed.
§ 7 Cancellation
- (1) Subscription campaigns with a limited period of time end automatically after the specified contract period, unless otherwise stated.
- (2) The unlimited subscription may be terminated in writing by the subscriber and by the ÖAV subject to an eight-week notice period. If a minimum subscription period has been agreed, the subscriber may terminate the subscription at the earliest at the end of the minimum subscription period by giving eight weeks‘ notice. In the absence of any other express agreement, after the expiry of the minimum subscription period, notice of termination may be given in compliance with the notice period at the end of each further period corresponding to the duration of the original minimum subscription period (e.g. minimum subscription period of 1 year — in the case of continued subscription, next termination option after a further year).
- (3) The ÖAV is entitled to terminate the subscription with immediate effect in the event of reasonable cause.
- (4) If it is stipulated that a free trial subscription will be converted into an unlimited paid subscription unless it is cancelled in writing in good time, the subscriber will be informed in writing of the consequences of this omission (as well as of the available option to cancel the subscription at any time and of the impending expiry of the deadline) at least two weeks before the expiry of the free trial subscription.
- (5) If the subscription contract is terminated by the subscriber before the expiry of an agreed minimum contract period (premature termination), the difference will be invoiced until the regular end of the subscription contract in compliance with the notice periods and/or minimum subscription period.
§ 8 Right of revocation — special provisions for consumers
- (1) The following special provisions apply exclusively to consumers within the meaning of the Consumer Protection Act (“KSchG”). Pursuant to § 11 et seq. of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG), consumers may revoke contracts concluded at a distance or contractual declarations made at a distance within a period of 14 days without stating reasons, unless the right of revocation is excluded pursuant to § 18 FAGG.
- (2) Start of the revocation period
in the case of contracts for the delivery of digital content not delivered on a physical data storage device, on the date of conclusion of the contract,in the case of contracts for the delivery of goods, on the day on which the consumer or a third party designated by the consumer (other than the carrier) has taken possession of the goods,in the case of contracts for the delivery of several goods ordered as part of a single order and delivered separately, orin the case of contracts for the delivery of goods in several instalments or pieces, on the day on which the consumer or a third party designated by the consumer (other than the carrier) takes possession of the last goods delivered/the last instalment,in the case of contracts for the regular delivery of goods over a fixed period, on the day on which the consumer or a third party designated by the consumer (other than the carrier) has taken possession of the goods delivered first.
- (3) If, in the course of ordering digital content (digital subscription), the consumer has expressly agreed to the immediate provision of the service (immediate access after ordering), there is no longer a right of withdrawal due to the premature commencement with the performance of the contract.
- (4) In order to exercise the right of revocation, the consumer must inform the ÖAV (1140 Vienna, Sturzgasse 1A, Tel: +43198177100, Fax: +43198177111, E‑mail: office@agrarverlag.at) by means of a clear declaration (e.g. a letter sent by post, fax or e‑mail) of his/her decision to revoke this contract. For this purpose, the consumer may also use the model revocation form (link to model). It is sufficient to send the declaration of revocation before the end of the revocation period.
- (5) Consequences of revocation:If the consumer exercises his/her right of revocation, the ÖAV must repay all payments received from the consumer, including delivery costs (with the exception of additional costs incurred because the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the ÖAV), without undue delay and at the latest within 14 days from the day on which the ÖAV received the notification of revocation of this contract or — if this happens later in the case of payment that has not been recalled — the corresponding payment. For this repayment, the ÖAV will use the same method of payment that the consumer selected for the original transaction, unless expressly agreed otherwise with the consumer. In no case will the consumer be charged for the repayment.The ÖAV may refuse repayment until it has recovered the goods or until the consumer has provided proof that he/she has returned the goods, whichever is the earlier.The consumer must return or hand over the goods to the ÖAV without undue delay and in any event within 14 days from the day on which the consumer notified the ÖAV of the revocation of this contract. The deadline is met if the consumer sends the goods before the expiry of the 14-day revocation period.
The costs of returning goods will be borne by the consumer.
The consumer will only have to pay for a reduction in the value of the goods if this reduction in value is the result of an unnecessary handling of the goods with the aim of checking their quality, characteristics and functioning.
§ 9 Warranty and compensation
- (1) The statutory warranty provisions (24 months from receipt of the goods) apply to customers who are consumers within the meaning of the Consumer Protection Act (KSchG). If possible, any defects have to be reported upon delivery or after they become visible.
- (2) In the event of a justified complaint about a defect, the ÖAV may remedy the defect either by providing a replacement or by providing individual replacement parts or (in the case of publications) replacement pages.
- (3) The customer can only demand a refund or price reduction if an improvement is not possible at all or not possible within a reasonable period of time. In the case of a minor defect, there is no entitlement to a refund.
- (4) The ÖAV is liable for damage to property only in the case of intent and gross negligence. In the case of personal injury, the ÖAV is liable to consumers also for slight negligence. Compensation for consequential damage and financial loss and for damage arising from third-party claims against the customer are excluded. The existence of fault must be proven by the injured party, unless it is a business-to-consumer transaction.
- (5) The ÖAV accepts no liability for the unlimited retrievability of content, for errors, delays or interruptions in data transmission, loss or deletion, viruses, misuse, correctness or completeness of data or keeping data up to date, or for other possible damage caused by the use of data or the online service. In particular, no liability is assumed for the availability of the online connection, the accessibility of the servers or the compatibility of the hardware and software components used by the subscribers. For both legal and technical reasons, the retrievability or availability of individual articles, photos or pages may be limited or not possible.
- (6) The subscriber is responsible for the acquisition and/or installation of the necessary hardware and software components as well as a sufficient internet connection at his/her own expense. The ÖAV is not liable for the quality of the connection of your device to the internet as well as any roaming charges for internet connections abroad.
- (8) If registration on a third-party platform (e.g. Google Play Store, Apple iTunes) is required to receive and use the subscription, the supplementary terms of use of the respective third-party provider apply.
- (9) The ÖAV reserves the right to restrict, expand or terminate the use of the online portal in whole or in part. This applies in particular to free services and offers, including the area requiring registration. In the event of complete discontinuation of the online service, there will be a proportional refund of any subscription fee already paid.
- (10) The subscriber must ensure that his/her login data is protected from unauthorised access by third parties and is liable for all damages caused to the ÖAV in the event of disclosure, misuse or loss of the login data. The ÖAV will not accept any liability resulting from such circumstances.
- (11) Rights exist to all retrievable content, texts, graphics, charts, images and photos, in particular copyright, trademark protection and other material property rights. A subscription does not entitle the user to unlimited further use without consideration of these rights.
- (12) The ÖAV is not liable, to the extent permissible, for any free gifts or supplements which come with both digital and analogue editions that are part of a subscription. In the case of discounted supplements, the relevant GTC apply with regard to the respective products.
§ 10 Website
- (1) The ÖAV is only liable for its own content on the websites operated by it. Insofar as the ÖAV provides access to other websites via links, it is not responsible for the third-party content on those websites. It does not appropriate external content.
- (2) The ÖAV is not responsible for information stored on behalf of a user and originating from the user, unless the user is under the control or supervision of the ÖAV.
§ 11 Data protection
- (1) The employees of the ÖAV are subject to the confidentiality obligations of the Data Protection Act.
- (2) You can find more detailed information about the processing of customer data in the course of the subscription contract in our Privacy Policy at www.av-medien.at/services/datenschutz.html.
§ 12 Place of jurisdiction and applicable law
- (1) All agreements according to these GTC are exclusively subject to Austrian law. If the customer is a consumer, the mandatory provisions of the law apply, in which the consumer usually. Austrian law applies in all other respects.
- (2) In case of disputes, the court with subject-matter jurisdiction at the place where the ÖAV has its registered office has the exclusive jurisdiction. If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), the jurisdiction of the court, in whose district the customer’s place of residence or habitual abode or place of employment is located, is considered established.
- (3) The place of performance of the contract is the registered office of the ÖAV.
Part II) Applicable to the business area Advertising Sales
§ 1 Scope of application
- (1) These General Terms and Conditions for Advertising Sales (GTC for Advertising) apply, in the version valid on the day of the order, to all concluded legal transactions regarding the sale of advertising materials and advertising measures between the ÖAV as the provider and the customers. By placing an order, the customer agrees to these GTC for Advertising and is bound by them.
- (2) Only this Part II (GTC for Advertising) and the ÖAV’s price list apply to these transactions. Deviating, conflicting or supplementary GTC, even if known, will not become part of the contract, unless the ÖAV expressly agrees to their validity in writing.
- (3) These GTC also apply to all future orders of the customer, even if their validity is not expressly or tacitly agreed again. Customers are clients, sponsors, advertisers and other contractual partners.
§ 2 Conclusion of contract
- (1) All offers of the ÖAV are non-binding.
- (2) The customer must place all orders for the placement of advertisements and other orders (“Orders”) in writing or by e‑mail. The ÖAV must accept orders in writing or by e‑mail. This formal requirement also applies to any agreement to deviate from the form stipulated herein. The actual execution of an order is also seen as acceptance of the order.
- (3) The ÖAV will only provide the services specified in the order. Additional services must be agreed on in the form set out in paragraph (2).
- (4) If agencies place orders, the contract is concluded with the respective agency in case of doubt, subject to other written agreements. If another person or company is to become a client, they must be named by the advertising agency. The ÖAV is entitled to demand proof of mandate from the advertising agencies.
- (5) External productions of a variety of selected partners can be published. Before commissioning productions, the customer must ensure that they come from one of the ÖAV’s partners, as the ÖAV does not work with all production companies.
§ 3 Advertising/Placement of advertisements
- (1) The ÖAV must place advertisements of the customer, which are to be published in a magazine or on a platform of the ÖAV, in the agreed advertising spaces and for the agreed periods of time.
- (2) “Advertising” is to be understood as any form of advertising that can be published in a magazine or on a platform. The customer’s advertisements must comply with the applicable law and must not offend common decency. The customer must ensure that the manufacturer’s name is named as required by the law if the advertisement contains photographs. The ÖAV is entitled to immediately delete content created by the contracting partner if it is illegal and/or abusive.
- (3) The customer must provide the ÖAV with all data and information required for the publication of the advertisement in a timely manner prior to the agreed publication date.
- (4) If adjustments of data and information is necessary for the publication, the ÖAV may either request the customer to do so or make the adjustments itself at the customer’s expense.
- (5) The customer must label an advertisement as such, if labelling is required by law. In all other cases, the ÖAV is entitled to label the advertisement, if the ÖAV deems the labelling necessary due to the design of the advertisement or the advertising environment.
- (6) The customer must check published advertisements without delay and report any defects to the ÖAV within the first week of publication. Otherwise, the ÖAV is released from all obligations relative to warranty and compensation.
- (7) In the absence of an agreement to the contrary, the ÖAV is free to design the content surrounding the advertisement.
- (8) The ÖAV must retain the data and information provided for an advertisement for three months.
- (9) The ÖAV reserves the right to refuse orders without giving reasons. In those cases, the customer will be notified of this.
- (10) The customer guarantees that it has familiarized itself with all legal provisions relevant to the publication it has commissioned and that the commissioned publication does not violate any of these provisions. In particular, the customer guarantees that it has both the rights required for print edition publication and the rights required for permanent (unlimited) digital accessibility (including ePaper and digital archives). The customer commits itself to fully indemnify and hold harmless the publisher as well as its people with regard to all claims resulting from a publication commissioned by the customer and with regard to any civil, criminal or administrative criminal claims made against the publisher or its people in this respect, as well as to provide full satisfaction for any disadvantages incurred.
§ 4 Payment and fees
- (1) The fee is based on the price list published on the Internet at the time the order is placed. The prices stated are net prices excluding statutory taxes.
- (2) The fee is due within 14 days from the date of the invoice. After expiry of this period, payment is deemed to be in arrears.
- (3) The ÖAV may demand an advance payment or a deposit. In this case, the order of the customer will not be fulfilled until the advance payment or deposit has been received by the ÖAV.
- (4) In the event of late or deferred payment, the ÖAV is entitled to the statutory interest and debt collection costs.
- (5) Independently of the existing agreement, the ÖAV may demand full payment of the order in advance if there are reasonable doubts about the customer’s solvency or if the customer otherwise defaults on a payment.
- (6) The invoice may also be sent electronically to the e‑mail address provided by the customer. In this case, the invoice is deemed to have been received upon forwarding. By providing his/her e‑mail address, the customer expressly agrees to accept invoices sent electronically by the ÖAV.
- (7) If payment in instalments is agreed and one instalment is not paid on time, is not paid at all or not paid in full by the customer, this qualifies as “Terminsverlust”, which means that the entire outstanding amount becomes due for payment.
§ 5 Withdrawal
- (1) The ÖAVA can withdraw from an order placed by a customer who is an entrepreneur within the meaning of § 1 of the Consumer Protection Act at any time without giving reasons within a period of 30 days. In the event of withdrawal, the ÖAV must repay any fees already received. No further liability exists.
- (2) In all cases, the withdrawal must be made in writing or by e‑mail.
- (3) The concluded contract remains in force for a reasonable period of time, if its fulfilment is prevented in whole or in part by force majeure.
§ 6 Warranty
- (1) The ÖAV guarantees that the services rendered correspond to the agreed or usually assumed services.
- (2) The customer must notify the ÖAV of any defects within one week of the fulfilment of the order if the customer is an entrepreneur within the meaning of § 1 of the Consumer Protection Act (“KSchG”). This deadline is met if the customer sends the notification in time.
- (3) The warranty period is 6 months if the customer is an entrepreneur within the meaning of § 1 of the Consumer Protection Act (“KSchG”).
§ 7 Compensation
For entrepreneurs:
- (1) Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., the ÖAV is only liable for financial losses in cases of intent or gross negligence. In the event of slight negligence, the contractor is only liable for personal injury. Liability becomes statute barred 6 months after the customer has become aware of the damage and the party at fault.
- (2) The customer must prove the existence of gross negligence.
- (3) The contractor is not liable for indirect damage, loss of profit, loss of interest, failure to build up savings, consequential and pecuniary damage, damage arising from third-party claims.
- (4) The ÖAV is not obliged to examine the content of advertisements. The customer bears full liability for the content. The customer will indemnify the ÖAV against all other damage(s) arising from the illegal, abusive or otherwise unlawful content of a published advertisement. In particular, this also includes damage(s) resulting from the use of incorrect data and facts or from the violation of personal rights, copyright, data protection or other legal provisions on the part of the customer.
For consumers:
- (5) Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., the ÖAV is only liable for financial losses in cases of intent or gross negligence and only for losses which are foreseeable at the time of conclusion of the contract.
- (6) In the event of slight negligence, the contractor is only liable for personal injury. Liability becomes statute barred 3 years after the client has become aware of the damage and the party at fault.
- (7) The statutory limitation period for claims for damages against the ÖAV is 3 years from knowledge of the damage and the party at fault.
For entrepreneurs and consumers:
- (8) The ÖAV is not obliged to examine the content of advertisements. The customer bears full liability for the content. The customer will indemnify the ÖAV against all other damage(s) arising from the illegal, abusive or otherwise unlawful content of a published advertisement. In particular, this also includes damage(s) resulting from the use of incorrect data and facts or from the violation of personal rights, copyright, data protection or other legal provisions on the part of the customer.
- (9) The ÖAV is not liable in cases of force majeure (e.g. industrial action, seizure and other official measures taken by authorities, traffic and operational disruptions and disruptions within the responsibility of third parties, network operators or service providers). In particular, the ÖAV is not responsible for service disruptions due to force majeure, such the failure or overload of global communication networks, power outages or other catastrophe‑, pandemic- or epidemic-related failures and outages.
- (10) The ÖAV is not liable for damaged or lost data or files.
- (11) The ÖAV is only liable for its own content published on the websites operated by it. The ÖAV is not liable for the content on other websites which can be accessed from the ÖAV’s websites via links. If the ÖAV learns of illegal content on a website, it will immediately remove any links to that website.
§ 8 Data protection
Both parties must handle orders in compliance with the applicable provisions of data protection law.
§ 9 Offsetting
The customer is only entitled to set-off if and insofar as his claim has been legally established or expressly recognised in writing by the ÖAV.
§ 10 Place of performance, applicable law and place of jurisdiction
- (1) The place of performance is the registered office of the ÖAV.
- (2) Austrian law applies with the exception of the UN Convention on Contracts for the International Sale of Goods.
- (3) The customer and the ÖAV will endeavour to settle any disputes arising from the contractual relationship amicably. If a dispute is not settled amicably, the court with subject-matter jurisdiction at the place where the ÖAV has its registered office has the exclusive jurisdiction to decide all legal disputes arising from the respective contract.
§ 11 Final provisions
- (1) Should individual provisions of the order be void or unenforceable in whole or in part, this will not affect the validity of the remaining provisions of the order. In such a case, the customer and the ÖAV will replace the void or unenforceable provision, by mutual agreement, with a valid or enforceable provision that is as close to the void or unenforceable provision as possible.
- (2) Should individual provisions of these GTC be void in whole or in part due to mandatory legal provisions (in particular the provisions of the Consumer Protection Act KSchG), the remaining provisions of these GTC remain in force unchanged.
- (3) All ancillary agreements, amendments and additions to contractual agreements with the ÖAV must be made in writing in order to be effective, as must any waiver thereof.
Version of July 7th, 2023