(1) The following terms and conditions shall apply exclusively to all deliveries and other services, in particular to the sale of goods and to artistic or other services and work. They shall also apply to all future business relations, even if they are not expressly agreed again.
(2) Deviating terms and conditions of the contractual partner (hereinafter referred to as Customer), which the Agency does not expressly recognize, shall not be binding, even if the Agency does not expressly object to them. Amendments and supplements must be made in writing.
(3) The inclusion and interpretation of these Terms and Conditions as well as the conclusion and interpretation of legal transactions with the Customer itself shall be governed exclusively by Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(4) The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties shall be obligated, within the bounds of what is reasonable and in good faith, to replace an invalid provision with a valid provision that is equivalent to its economic success, provided that this does not result in any significant change to the content of the contract; the same shall apply if a matter requiring regulation is not expressly regulated.
(5) The place of performance for the payment obligation is the registered office of the Agency. The place of performance for deliveries and services of the Agency shall be the place to which it is to deliver the goods or at which it is to render the service. The place of jurisdiction is the court responsible for the Agency’s registered office. The Agency is also entitled to sue at a court which is competent at the registered office, a branch office or the place of residence of the customer.
(1) The Provider shall treat all business transactions of the Customer that come to its knowledge, as well as the Customer’s internal information in general, as strictly confidential.
3 Data protection
(1) The Customer expressly agrees that the Provider may automatically determine, store and process the data disclosed by the Customer (name, address, e-mail, credit card data, data for account transfer) for the purpose of fulfilling the contract and supporting the Customer as well as for its own advertising purposes. The customer agrees that electronic mail may be sent to him for advertising purposes until revoked.
4 Applicable law
(1) The contract and all mutual rights and obligations derived therefrom as well as claims between the provider and the customer are subject to Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.
5 Severability clause
(1) Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.