General Terms and Conditions (GTC)

ZUR DEUTSCHEN VERSION

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