General terms and conditions of business
These Terms and Conditions apply to
- the use of the Service and access to this website, and
- any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are requested to read this document carefully.
These General Terms and Conditions do not create an employment, agency or partnership relationship between the parties involved.
This website is offered by:
Websign - Bahnhofstraße 24/45, 8054 Graz
Provider’s email address: firstname.lastname@example.org
“This website” refers to
- this website, including its subdomains and any other website through which the Provider makes the Service available;
The following documents, to which express reference is made, are part of these General Terms and Conditions:
Key facts at a glance
- The right of withdrawal is only available to European consumers.
- It should be noted that individual provisions of these Terms and Conditions may only be relevant to certain categories of users, for example only to consumers or only to users who do not act as consumers. Such restrictions on the scope of application are expressly referred to in each affected clause. If such a notice is missing, the clause applies to all users.
- Access to this website and the service is age restricted and is only available to users of legal age in accordance with the applicable law.
Unless otherwise stated, when you access this website you will be subject to the terms and conditions set out in this section.
By using the service, users confirm that they meet the following conditions:
- Users can be consumers or business customers;
- Users must be of legal age under applicable law;
To use the service, users can register or create a user account by providing all required data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may lead to limited availability of certain functions.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this website.
When registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to immediately and unequivocally inform the Provider using the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.
TERMINATION OF THE USER ACCOUNT
User accounts can be deleted at any time as follows:
- By contacting the provider directly using the contact details provided in this document.
BLOCKING AND DELETION OF THE USER ACCOUNT
The provider reserves the right, at its sole discretion, to block or delete user accounts that it considers to be inappropriate or offensive or that in its opinion violate these Terms and Conditions at any time and without prior notice.
Due to the blocking or deletion of user accounts, the user does not incur any claims for damages, indemnity or reimbursement.
The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available through this website
Unless otherwise stated or clearly stated, all content available via this website is the property of the Provider and is provided by the Provider or its licensors.
The provider makes every effort to ensure that the content provided via this website does not violate applicable legal regulations or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.
RIGHTS TO THE CONTENT AVAILABLE THROUGH THIS WEBSITE
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content , as well as to enable third parties to carry out the above-mentioned actions via their own device - even without the user's knowledge.
To the extent that this is expressly stated on this website, the user may download, reproduce and/or distribute selected content available on this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are correctly attached.
Legal restrictions or exceptions remain unaffected.
Access to external resources
Users may be able to access external resources provided by third parties through this website. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal regulations.
This website and the service may only be used as intended and in accordance with these General Terms and Conditions and in accordance with the applicable legal regulations.
Users are responsible for ensuring that their access to this website and/or their use of the service does not violate any legal provisions, regulations or third-party rights.
Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. to deny users access to this website or the service, to terminate contracts, to report objectionable actions taking place via this website or the service to the relevant authorities - such as judicial or administrative authorities - if users can demonstrably or presumably:
- violate any statutory provisions, regulations or these Terms and Conditions; or
- violate the rights of third parties; or
- significantly impair the legitimate interests of the provider; or
- insult the provider or a third party.
All rights to the software or technical solutions on which this website is based, or which are embedded, integrated or connected thereto, belong exclusively to the provider and/or its licensors.
Provided that the user adheres to these General Terms and Conditions and regardless of any deviating provisions of these General Terms and Conditions, the provider only grants the user a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the software and/or others integrated into the service Solutions within the scope and for the purposes of the intended use of the service offered.
In particular, users are not granted any right to access the source code or to use or distribute the source code. Rights to all procedures, algorithms and technical solutions contained or integrated in the software and all associated documentation belong exclusively to the provider or its licensors.
All grants of rights and licenses automatically expire upon termination of the agreement – regardless of the reason.
Users can access their data relating to this website via the API interface (API). Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and the following additional terms and conditions:
- The User acknowledges and expressly accepts that the Provider is not liable for any damage or loss resulting from the User's use of the API or the use of third-party products/services that access data via the API.
TERMS OF SALE
Some of the products available through this website as part of the Service are subject to payment.
Prices, terms and other terms and conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this website and the sections provided for this purpose.
Prices, descriptions and availability of products can be found in the relevant areas of this website and are subject to change without notice.
Although products on this website are presented with the greatest possible technical care, representations of any kind (including graphical representations, images, colors, sounds) are for reference purposes only and do not constitute a guarantee regarding the properties of the purchased product.
The features of the selected product will be explained during the purchase process.
All steps from selecting a product to placing the order are part of the purchasing process.
The purchasing process includes the following steps:
- The user selects the desired product from the range and, where provided, enters the desired quantity or properties so that the product appears in the product selection.
- Within the product selection, users can review, change, remove or add products and, if provided, provide specific instructions (e.g. "send with a gift receipt").
- Users use the checkout button to be redirected to the checkout view.
- In the checkout view, users must enter their contact details, billing and delivery address as well as a shipping and payment method of their choice in successive steps.
- During the purchase process, users can change or correct the information provided at any time, add a gift voucher, referral code or discount code (coupon), or cancel the purchase process entirely without consequences.
- After providing all the required information, Users must carefully review their order and then confirm and submit it using the appropriate button or mechanism on the Service (this Website). The users thereby accept these terms and conditions and undertake to pay the agreed purchase price.
Placing the order
When the user places an order, the following applies:
- The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the price, taxes and any other fees and expenses as stated on the order page. This also includes the monthly fees that are collected via SEPA direct debit.
- If the purchased product requires the active entry of information, such as personal information or data, specifications or special requests, placing the order creates an obligation on the part of the user to cooperate accordingly.
- After placing the order, users receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.
Users will be informed of all fees, taxes and costs (including any shipping costs) they will be responsible for during the purchase process and before placing the order.
Prices are displayed via this website as follows:
- either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.
Offers and discounts
The provider may offer discounts or special offers for the purchase of products. Such offers and discounts are always subject to the terms and conditions set out in the relevant section of this website.
Offers and discounts are always granted at the sole discretion of the provider.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
Depending on the case, discounts or offers only apply for a limited period of time or while stocks last. If an offer or discount is time-limited, the times will refer to the provider's time zone unless otherwise stated. This can be found in the relevant information provided by the provider in this document.
Offers or discounts can be based on coupons.
In the event of a violation of the conditions applicable to coupons, the provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the coupons, which can be found on the relevant information page or on the coupon itself, always prevail.
Unless otherwise stated, the following rules for using coupons apply:
- Each Coupon is only valid if used in the manner and within the period specified on the Website and/or in the Coupon;
- A coupon can only be used in full and at the time of purchase - partial use is not permitted;
- Unless otherwise stated, single use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
- Coupons cannot be used cumulatively;
- The coupon can only be redeemed within the period specified in the offer. After this period, the coupon expires automatically and excludes any possibility of exercising the rights arising from the coupon, including a payout.
- The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
- The coupon is intended exclusively for non-commercial use. Any reproduction, imitation and commercial dealing of the Coupon is prohibited, as is any illegal activity related to the purchase and/or use of the Coupon.
Information about accepted payment methods will be provided during the purchase process.
Some payment methods may only be available subject to additional terms or fees. In these cases you will find the relevant information in the relevant section of the Service (this website).
All payments are processed through third party providers. Therefore, this website does not collect payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.
If payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment must be borne by the user.
Virtual currency for exclusive use within this website
this website allows certain payments using a virtual currency. Unless otherwise stated, such virtual currency is not tradable, exchangeable or redeemable for any traditional currency, other digital currency, goods or values.
By purchasing virtual currency, users acknowledge and understand that it can and may only be used via this website and only for the purposes expressly approved by the provider as part of its services. Users also acknowledge and agree that such Virtual Currency may not be transferred, purchased, sold or exchanged outside of the Service.
Accordingly, users may not sublicense the virtual currency, trade it, sell it or attempt to sell it for money. Users are also not allowed to exchange the virtual currency for values of any kind. The virtual currency may only be used within the provider's offerings made available via this website. Any prohibited use or transaction mentioned above will be deemed null and void and may result in legal action against the user.
In the event of contract or account termination for a reason attributable to the User, any unused Virtual Currency will be forfeited and no refund will be given.
Authorization for future PayPal payments
When users authorize the PayPal feature that enables future purchases, this website stores an identification code associated with the users' PayPal account. This authorizes this website to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the provider or by changing the user settings on PayPal.
Retention of title
The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.
Deliveries are made to the address specified by the user and in the manner listed in the order overview.
Upon delivery, the User must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if there is visible damage.
This website describes in the relevant section the countries or territories to which the goods will be delivered.
This website also describes the relevant delivery times, or alternatively these can be set during the purchase process.
The provider is not liable for delivery errors due to inaccuracies or incompleteness when the order is carried out by the user, nor for damages or delays after handover to the carrier if the latter was commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.
Unless otherwise agreed, the user bears the costs for each subsequent delivery attempt from the second delivery attempt onwards.
Right of withdrawal
Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the cancellation conditions.
TO WHOM THE RIGHT OF WITHDRAWAL APPLIES
Under EU law, European consumers have a legal right of withdrawal from contracts concluded online (distance contracts). You may withdraw from the contract within the applicable period for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
However, there is no possibility of getting all of your money back. How much money you get back is regulated by law and can be found in the return guidelines. By accepting the terms and conditions during the purchase, you also agree to the agreed return policy.
These return policies can be read again here:
If you contact us within the first 7 days of the website being fully delivered, you can get half of the setup fee refunded. A full refund is only possible on the first day of delivery. No full refund can be accepted after this. After termination of the contract, the contractor is obliged to terminate the contract immediately so that no further fees are collected.
Monthly Fees: Monthly fees cannot be refunded if the contract between the client and the contractor is still active. This means that the monthly fees cannot be refunded. Only a successful termination of the agreed contract will cancel the SEPA direct debit, meaning that no more monthly fees will have to be paid. After termination of the contract, the contractor is obliged to terminate the contract immediately so that no further possible monthly fees are collected. A refund of the monthly fees is only possible if the contractor does not terminate the contract in a timely manner (on the same day).
The rights set out in this section do not apply to users who do not act as European consumers.
EXERCISE OF THE RIGHT OF WITHDRAWAL
In order to exercise his right of withdrawal, the user must send the provider an unambiguous statement stating his decision to withdraw.
For this purpose, users can use the model withdrawal form, which they can find in the “Definitions” section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in another, appropriate manner. In order to comply with the deadline for exercising this right, the user must submit the declaration of withdrawal before the withdrawal period expires.
When does the cancellation period expire?
When purchasing services, the withdrawal period ends 14 days after the day on which the user or a third party designated by the user, other than the carrier, comes into possession of the services (day of delivery of the website).
When purchasing several services in one order , which are then delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party designated by him, other than the carrier, comes into possession of the last service delivered the last batch or part (day of delivery of the website).
EFFECTS OF WITHDRAWAL
Users who properly revoke a contract will have all payments made to the provider refunded, including delivery costs if applicable.
However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.
The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the repayment using the same payment method that the user used in the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.
...when purchasing goods
The user must return or hand over the goods to the provider or a person authorized by the provider to receive the goods immediately and in any case no later than 14 days from the day on which he informed the provider of his decision to cancel the contract, unless the provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the expiry of the 14 day period or otherwise returns the goods as stated above. The provider may refuse reimbursement until he has received the goods back or until the user has provided evidence that he has sent the goods back, whichever is earlier.
The user is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Statutory warranty law
According to EU law, entrepreneurs are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.
For users who act as European consumers, goods available through this website are subject to the statutory warranty law in accordance with the laws of the country of their habitual residence.
The national laws of these countries may provide users with broader rights.
For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.
Liability and compensation
Users in Australia
LIMITATION OF LIABILITY
The warranty rights, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) remain wholly unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatory state or territorial laws that confer inalienable rights on users. To the extent permitted by law, our liability to users - including liability for violation of an inalienable right and any other liability not excluded by virtue of these General Terms and Conditions - is limited, at the reasonable discretion of the provider, to subsequent performance or reimbursement of the costs incurred for the renewed provision of the services.
Users in the USA
DISCLAIMER OF WARRANTIES
This website is provided and made available solely on an “as is” and “as available” basis. Use of the service is at your own risk. The Provider expressly excludes all conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service does not create any warranty unless expressly stated.
Without prejudice to the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content is reliable, accurate or correct; that the service meets users' expectations; that the Service will be available uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or use of the Service by User.
Provider assumes no warranty or responsibility for any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither brokered nor monitored by the provider.
The Service may become inaccessible or malfunction with User's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives Users certain legal rights, while Users may have other rights depending on the jurisdiction. The exclusions and limitations of liability contained in the Agreement are void unless prohibited by applicable law.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the service or the unavailability thereof; and
- any damages or losses resulting from hacking, tampering or other unauthorized access to or use of the Service or the User Account and the information contained therein;
- any errors, mistakes or inaccuracies in content;
- Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
- any unauthorized access to Provider's backup servers and/or the personal information stored therein;
- any interruption or cessation of transmission to or through the Service;
- any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and or
- the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount, which was paid under this agreement by the user to the provider in the previous 12 months or, if less, over the entire term of this agreement between the provider and the user.
This limitation of liability shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Provider has been advised of the possibility of such damage .
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. These Terms and Conditions give the user certain rights, while the user may have other rights depending on the legal system. The exclusions and limitations of liability in the Terms and Conditions are ineffective to the extent prohibited by applicable law.
The User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and disbursements, arising out of
- the user's access to and use of the service, including any data or content transmitted or received by the user;
- the User's breach of these Terms and Conditions, including, but not limited to, the User's breach of any of the representations and warranties contained in these Terms and Conditions;
- the User's violation of any third party rights, including but not limited to privacy rights or intellectual property rights;
- the violation of legal provisions, rules or regulations by the user;
- any content transmitted from the user account, including in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
- the user's alleged misconduct; or
- the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
The failure of the Provider to exercise any right under these Terms and Conditions or to enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform users appropriately.
Within the framework of the legal provisions, the provider may also decide to suspend or terminate the service completely. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g. industrial action, infrastructure failure or power outages, etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit this Website and the Service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program.
Intellectual Property Rights
Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the service (this website) are the exclusive property of the provider or its licensors and are subject to the protection of the applicable law or international treaties relating to intellectual property Property.
All trademarks, names or design marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this website) are and will remain the exclusive property of and subject to the Provider or its licensors the protection of applicable law or international treaties relating to intellectual property.
Changes to these Terms and Conditions
The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user about these changes.
Such changes only have future effects on the relationship with the user.
By continuing to use the service, the user accepts the changed terms and conditions. If users do not want to be bound by the changes, they must stop using the service. If the revised Terms are not accepted, either party may terminate the Agreement.
The previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the General Terms and Conditions from the provider.
If required by applicable law, the provider will indicate the date from which the changed terms and conditions apply.
Assignment of rights and obligations
The provider reserves the right to transfer, assign, replace with Novation or pass on all rights and obligations under these General Terms and Conditions, taking into account the legitimate interests of the user.
The provisions regarding changes to the General Terms and Conditions apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.
All communications related to the use of the Service (this website) must be sent to the contact details provided in this document.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.
Any such invalid or unenforceable provisions will be interpreted and modified to the extent that they become effective, enforceable and consistent with their original intent. These Terms and Conditions represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.
If any provision of these Terms and Conditions is or is deemed to be invalid, or is invalid or is to be deemed invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions, thereby eliminating the invalid, invalid or not enforceable parts.
Otherwise, the invalid, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for by the applicable law.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not invalidate the entire agreement, unless they are provisions that are essential to the contract or of such importance that the parties would not have entered into the contract if they knew about the invalidity of the provision. If the remaining conditions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.
These Terms and Conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location information in the relevant section of this document.
EXCEPTION FOR EUROPEAN CONSUMERS
Regardless, for users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection, that higher standard applies.
Place of jurisdiction
The courts of the place in which the provider has its registered office - as indicated in this document - have exclusive jurisdiction over all disputes arising from or in connection with these Terms and Conditions.
EXCEPTION FOR EUROPEAN CONSUMERS
This does not apply to users who act as European consumers nor to users who act as consumers and are based in Switzerland, Norway or Iceland.
CONSUMERS IN THE UNITED KINGDOM
Consumers resident in England and Wales may bring claims in connection with these Terms and Conditions in the courts of England and Wales. Consumers resident in Scotland may bring claims in connection with these Terms and Conditions in the courts of Scotland or England. Consumers resident in Northern Ireland may bring claims in connection with these Terms and Conditions in the courts of Northern Ireland and England.
USERS IN THE UNITED STATES
Each party specifically waives the right to a jury trial in all courts and for all claims and disputes. Claims arising from these General Terms and Conditions must be asserted individually. The parties waive the right to join a class action lawsuit or other proceeding.
Definitions and legal information
THIS WEBSITE (OR THIS APPLICATION)
The application through which the provision of the service is made possible.
Any legally binding or contractual relationship between provider and user regulated by these General Terms and Conditions.
Any user who does not act as a consumer.
Any code or voucher in printed or electronic form that allows the user to purchase the product at a reduced price.
EUROPEAN (OR EUROPE)
Refers to any user located within the EU or whose place of business is within the EU, regardless of nationality.
EXAMPLE WITHDRAWAL FORM
Websign - Bahnhofstraße 24/45, 8054 Graz
I/We hereby give notice that I/we withdraw from my/our purchase contract for the following goods/to provide the following services:
_____________________________________________ (description of the goods/services that are the subject of the withdrawal)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of the consumer(s):_____________________________________________
- Date: _____________________________________________
(Signature if this form is submitted in paper form)
PROVIDER (OR WE)
Is the natural or legal person(s) who makes this website and/or the service available to users.
A good or service offered for purchase through this website, such as physical goods, digital files, software, booking services, etc.
The offering of products may be part of the service defined above.
The service provided through this website as described in these Terms and Conditions and on the service (this website).
All terms and conditions applicable to the use of the Service as described in this document and/or this website, including any related documents or agreements, as amended from time to time.
USER (OR YOU)
Is any natural or legal person who uses this website.
A non-monetary asset through which users can purchase certain products offered through this website under the conditions specified by the provider. Such assets can be represented as codes, tokens, digital images, etc.
Any user who uses goods or services for purposes that are outside of their commercial, business, craft or professional activity.
6.1 An order contract is concluded when the client has confirmed the order in writing.
6.2 If a contract is confirmed by the contractor by means of a written order confirmation, it is deemed to have been concluded in accordance with the order confirmation, unless the client has lodged a written objection within 3 working days of sending such an order confirmation.
6.3 The client is bound by and from the placing of the order. The contractor is bound by and from the acceptance of the order.
6.4 The contractor is not obliged to provide any service other than what was agreed in the order contract or specified in the order confirmation. The contractor is free to decide which material to choose and/or whether services will be outsourced to third parties, unless expressly agreed otherwise in writing.
6.5 If the client's orders are to be processed urgently and with priority at the client's request, the risk of the associated costs, including the costs of improvements, is borne entirely by the client. However, the contractor must have the order for urgent processing confirmed in writing.
6.6 Changes to the order after it has been given to the contractor must be communicated to the contractor by the client in a timely manner and in writing. If the changes are stated verbally, the risk is borne entirely by the client.
6.7 The changes to the order come into force upon and from their acceptance by the contractor. The contractor can make the acceptance of order changes dependent on the payment to be made by the client for work already carried out or planned by the contractor or on a reduction in profits resulting from the order change.
6.8 Any additional or reduced costs resulting from changes to the order are generally borne by the client or benefit them.
6.9 Deviations that, in fairness, have no or only a marginal influence on the utility value of the contractor's product are always considered minor.
6.10 Contract term: All contracts relating to the creation of a website can be terminated at any time. This means that the monthly payments will also stop. A different contract term is only possible if all of the contractor's claims related to the creation are paid in advance.
7.1 Payment is made by means of a collection order, which was issued in writing by the client to the contractor.
7.2 Billing takes place in advance by direct debit order from the day the service is delivered each month for the current month. The invoice will be sent to the client in electronic form by email. The setup fee only has to be paid once.
7.3 All legal and out-of-court costs relating to the collection of amounts due from the client and not paid on time must be borne by the client. The extrajudicial collection fees are set at a minimum of 15% of the respective amount and amount to at least €75 per claim.
7.4 The client is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or complaints.
8. Cancellation, postponement, discontinuance and dissolution
8.1 The cancellation of an order accepted by the contractor by the client is only effective if this is done by registered letter addressed directly to the contractor and the cancellation is subsequently accepted by the contractor. This registration can be done by email.
8.2 If a cancellation is accepted by the contractor, the client is obliged to pay the contractor in any case all costs already incurred in the execution of the contract and/or the damage suffered and to be suffered as a result of the cancellation, as well as the loss of profit caused thereby replace, regardless of the contractor's other rights.
8.3 If the AG does not fulfill any obligation arising from the contract or these General Conditions and/or any other contract concluded with the AN, or does not fulfill it properly or in a timely manner, or if the AG is declared insolvent or applies for a deferment of payment or enters into the statutory debt restructuring regime or his company is shut down or liquidated, he is deemed to be in default and the contractor has the right, without notice of default and without judicial intervention, to suspend or discontinue the execution of the contract or to terminate the contract in full or in part at his own discretion to be considered dissolved without being obliged to pay any compensation or guarantee, but without prejudice to the rights to which he is otherwise entitled. Any written document - including invoices and invoice overviews - that the contractor has sent to the client and which shows the client's non-performance or improper or late fulfillment of the obligations arising from the order contract can be considered a notice of default.
8.4 Suspension, discontinuation and/or dissolution do not affect the client's payment obligation with regard to the services already provided by the contractor. In addition, the contractor is then entitled to demand compensation from the client for damages, costs and interest that arise from defective performance attributable to the client and/or the termination of the contract, including any loss of profit suffered by the contractor.
8.5. Early termination: The client may only prematurely terminate a contract concluded for a specific period, in particular with regard to Article 6.10, if all outstanding claims of the contractor are for the entire the intended contract term must be paid.
9. Complaints, Complaints and Evidence
9.1 Complaints regarding visible defects must be made in writing by the client immediately after the contractor has delivered or presented the work he has carried out to the client, or within 8 days of the publication of the advertising medium.
9.2 Claims regarding invisible defects must be made within 8 days after they could reasonably have been discovered.
9.3 Complaints regarding direct debits must be made to the contractor in writing within 4 weeks of the collection being carried out. The payment deadline will not be suspended as a result of such a complaint. After the aforementioned deadlines have expired, complaints will no longer be processed and the client has forfeited its rights in this regard. Unless there is evidence to the contrary, the information from the contractor's books is decisive.
10.1 The Contractor is liable for defects on the website in accordance with the statutory provisions of sales law. The limitation period for the client's warranty claims is one year.
11. Debit order for direct debits
The amounts to be debited from the client's account are subject to an amount restriction. This limitation refers to the contract contained in the purchase contract, which does not exclude the fee that can be found on the respective product page. A revocation of the debit is excluded if the amount of the direct debit was authorized by the client or the information about the direct debit was communicated or made accessible to the client at least four weeks before execution.
12. Responsibility and Liability
12.1 The contractor will carry out the order to the best of his knowledge and ability and, when providing the services for the client, will exercise the greatest possible care with regard to the client's interests.
12.2 Provided that clear agreements have been made regarding the intended use, the contractor will ensure the correct audio and/visual design.
12.3 The contractor undertakes to maintain secrecy with regard to everything that is entrusted to him on the basis of the order.
12.4 Except in the case of intent or gross negligence, the liability of the contractor, as well as the third parties employed by him, is limited to the work or activities performed by them, namely to the amount received as compensation for the work or activities performed Activities have been agreed. The client is responsible for all judicial and extrajudicial consequences of what is published for the client or by him.
12.5 The contractor is not liable for damage or the loss or destruction of objects, materials, image or text data in any form that were made available by the client or on its behalf, unless the contractor is accused of negligence or intent . If materials are to be archived at the request of the client, the contractor is entitled to charge an appropriate fee for this. The contractor assumes no responsibility for reusability at a later date.
12.6 Any liability of the contractor in the sense referred to above ends after completion of the activities resulting from the order.
12.7 The (digital) material, photos, raw material, etc. provided by the client will be checked by the contractor for technical quality and usability upon receipt. If this material does not correspond to the applicable technical standard, the contractor has the right to demand new material or - in consultation with the client - have new material made at the client's expense.
12.8 Liability for services in favor of the client that the contractor has subcontracted to third parties is limited to the effective guarantee provided by the respective third party to the contractor. The contractor will do everything, or support the client, to the extent that it can be requested of him, in order to obtain the highest possible compensation from the third party involved in cases that arise.
12.9 The contractor is not responsible for the content provided by the client. In particular, the contractor is not obliged to check the content for possible legal violations. Should third parties make claims against the provider due to possible legal violations resulting from the content of the website, the client undertakes to release the contractor from any liability.
12.10. The contractor is only liable to the client for damages for which he can be proven to be responsible in the event of gross negligence. This also applies mutatis mutandis to damages that are attributable to third parties called in by the contractor. In the event of culpable personal injury, the contractor has unlimited liability.
12.11. Liability for indirect damages - such as lost profits, costs associated with a business interruption, loss of data or claims from third parties - is expressly excluded.
12.12. Claims for damages become statute-barred in accordance with the statutory provisions, but at the latest one year from the date of knowledge of the damage and the person causing the damage.
12.13. Warranty claims expire six (6) months after delivery.
13.1 If a complaint regarding goods or services delivered is deemed to be justified and the Contractor's liability is established in this regard, the Contractor will, at its own discretion, either pay compensation limited to a maximum of the invoice value of the delivered item or replace the item delivered free of charge after replacing the item originally delivered is in his possession. Under no circumstances is the contractor obliged to pay any further compensation.