1. PREAMBLE

1.1.

loomobox FlexCo (hereinafter also referred to as the "Operator") operates a content creation platform (hereinafter also referred to as the "Platform") via loomobox.com. The platform is used by contractual partners to create product images with just a few clicks.

1.2.

The customer's respective products are to be integrated into the platform once as a 3D model (hereinafter referred to as "3D model" for short). On the basis of this 3D model, the contractual partners can make their products appear in front of different backgrounds and in different scenes and thus create different product images simply by "clicking the mouse". Various elements such as floors, walls, etc. are available to the contractual partner on the platform.

1.3.

The platform is designed for the presentation of beauty and lifestyle products. Although the presentation of other products is possible and permitted, the selection of backgrounds and scenes may be limited and therefore have a negative impact on the product presentation.

1.4.

Free registration is required to use the platform. Various free or paid packages are available for the use and creation of product images.

2. VALIDATION

2.1.

These General Terms and Conditions (hereinafter also referred to as "GTC") apply to all legal transactions between the operator and the contractual partner in connection with the platform. Any deviations shall only be deemed to have been agreed if this has been agreed in writing between the operator and the contractual partner.

2.2.

The operator provides its services exclusively to contractual partners who are entrepreneurs within the meaning of Section 1 KschG.

2.3.

General terms and conditions or other terms and conditions of sale of the contractual partner, which are stated, for example, on offers or other correspondence of the contractual partner, shall not become part of the contract with the operator, even if these are not contradicted, unless the operator has agreed to them in writing in advance. If the validity of deviating agreements is agreed in writing in individual cases, the deviations shall apply exclusively to this individual business case.

2.4.

The currently valid version of these GTC can be viewed and retrieved at any time on the Internet at loomobox.com and is also available there for download or can be sent on request.

3. CONCLUSION OF CONTRACT

3.1.

All information provided by the Operator on the services offered to the Contractual Partner or on the Operator's website is non-binding and subject to change.

3.2.

Binding offers from the operator can only be accepted by the contractual partner in writing within the respective offer period.

3.3.

Unless otherwise agreed in writing, the documents pertaining to details of the respective services of the Operator, such as performance data, etc., shall not be deemed to be specially warranted characteristics.

3.4.

Any offers made by the Operator can only be accepted with regard to the entire service offered. If the Contractual Partner's declaration of acceptance deviates from the Operator's offer, this deviating declaration of acceptance by the Contractual Partner shall constitute a new offer that can be accepted by the Operator.

4. SCOPE OF SERVICES; PERFORMANCE DATES; OBLIGATIONS OF THE OPERATOR

4.1.

The operator shall provide the contractual partner with

4.2.

contractual relationship for access to the platform via the Internet for use (Software-as-a-Service, hereinafter also referred to as "SaaS").

4.3.

The operator implements the 3D model on the platform, which is exclusively assigned to the contractual partner's account. The 3D model is created on the basis of images and other information that the contractual partner provides to the operator in advance. The images and other information must be sent to the operator in accordance with the specifications. Alternatively, the contractual partner is also entitled to send the respective product to the operator at his own expense. The operator creates the 3D model based on the product sent and implements it on the platform. The contractual partner provides the operator with the transmitted product free of charge for free use and waives the right to return it, so that the operator becomes the owner of the product.

4.4.

The contractual partner is granted the right to create product images based on the integrated 3D model. Various scenes and various elements (wall, floor, etc.) are available to the contractual partner for this purpose. The final result is made available to the contractual partner by the operator after final redemption of the credits.

4.5.

The operator is not obliged to provide the contractual partner with an interface (API) for connection to the platform.

4.6.

Subsequent products and product images may neither be uploaded to the platform nor processed by the contractual partner on the platform:
a) Products/images that are not compatible with the platform in accordance with point 4.6;
b) Products/images related to discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
c) Products/images that infringe trade mark rights, design rights, copyrights or other third-party rights
d) Products/images that offend common decency.

4.7.

Compatible products have maximum dimensions of 40 x 40 x 40 cm. Only products that are typically sold in standardised packaging and have uniform surfaces, such as bottles or rectangular packaging, are compatible. Bicycles, plants, etc. are not compatible.

4.8.

Furthermore, the contractual partner is prohibited from displaying, disseminating or making available to the public product images created via the platform in such a way that they contradict the requirements of the previous point in whole or in part. The contractual partner shall fully indemnify and hold the operator harmless in this respect.

4.9.

The operator is authorised to exclude 3D models and/or product images of the contractual partner from the platform at its own discretion. If the operator exercises this right, the contractual partner shall not be entitled to any compensation or damages in this respect.

4.10.

Any training or consulting services in connection with setting up the account or creating the product images on the platform are not part of the service owed by the operator under these GTC and are optional or to be agreed and remunerated separately if required.

4.11.

The router output of the hosting provider of the platform is defined as the transfer point for the use of the platform or access to the contractual partner's account. The Internet connection of the contractual partner, its maintenance, the sufficient speed of the same and the hardware and software requirements to be met (this applies in particular to web browsers, which must be within the support lifecycle of the respective manufacturer, as well as the hardware equipment necessary for their operation) on the part of the contractual partner are not the subject of this contract and the contractual partner must take care of this himself.

4.12.

The platform is generally available to the contractual partner 24 hours a day, 7 days a week. The contractual partner does not promise a specific average annual availability. The contractual partner shall make every effort to ensure normal availability.

4.13.

The operator is authorised to temporarily or permanently interrupt, restrict or completely discontinue access to and performance of the platform if this is necessary for maintenance work, updates, security and system integrity.

4.14.

The operator expressly reserves the right to change the scope of services.

4.14.1.

The operator shall notify the contractual partner of any technically necessary and security-relevant changes to the platform as far as feasible and possible. The same applies to changes that are due to legal or other provisions with normative effect or official orders, as well as changes that are exclusively or predominantly to the advantage of the contractual partner. The contractual partner is not entitled to object to these changes. However, the contractual partner is entitled to terminate the contractual relationship subject to the notice period.

4.14.2.

The contractual partner shall be notified of other changes at least one week in advance. The contractual partner shall be entitled to object in writing within 14 days of receipt of the notification of change, failing which the changes shall become binding for the contractual partner. In the event of an objection, the changes shall not become effective for the respective contractual partner, but the contractual relationship shall end automatically in this case with immediate effect. The contractual partner shall not be entitled to any compensation or other damages due to the cancellation by the operator.

4.14.3.

If any services, modules, etc. are provided free of charge, the contractual partner shall be entitled to discontinue these at any time without notice. The contractual partner shall not be entitled to a claim for reimbursement or damages as a result.

4.15.

Services over and above those described in these GTC are not the subject of this contract and must be agreed and paid for separately if required.

4.16.

Agreed service or delivery dates shall be adhered to by the operator as far as possible. Unless they have been expressly agreed as binding, they are non-binding and are always to be understood as the expected time of provision or service provision to the contractual partner.

4.17.

The operator is entitled to postpone agreed deadlines or extend deadlines for the provision or performance of services if compliance with the deadlines is made impossible or unreasonably difficult for the operator and the circumstance is not within the operator's sphere of influence. This applies in particular to labour disputes, fire, war, strike, pandemic, environmental disasters, etc. This also applies if such unforeseen obstacles and circumstances occur at subcontractors or vicarious agents.

4.18.

If circumstances for which the operator is not responsible result in the operator being unable to fulfil all outstanding orders on time (objective delay), the operator is not obliged to make use of external services.

4.19.

The Operator may, at its own discretion, perform the service to the Contractual Partner in part or in full itself, utilise expert third parties as vicarious agents in part or in full for the provision of contractual services and/or substitute such services in part or in full ("third-party service"). The commissioning of third parties within the scope of a third-party service is carried out either in the operator's own name or in the name of the contractual partner. The Operator shall select this third party carefully and ensure that it has the necessary professional qualifications. The contractual partner must enter into obligations towards third parties that extend beyond the term of the contract. This also applies expressly in the event of cancellation of the contract with the contractual partner for good cause.

5. OBLIGATIONS OF THE CONTRACTUAL PARTNER

5.1.

The contractual partner must ensure that it has a sufficiently fast and stable Internet connection and a current version of a common Internet browser (an Internet browser used by at least 1% of Internet users) to use the software. The Internet browser must have all updates and must support JavaScript.

5.2.

The contractual partner is obliged to regularly update the master data stored in the account (name, company, address, telephone number, e-mail address, tax number, VAT ID, etc.). In the event of a culpable breach of this obligation, the contractual partner shall be liable for any damages incurred by the operator as a result.

5.3.

The contractual partner shall keep its account and the relevant identification and authentication features secret, protect them from unauthorised third parties and not pass them on to third parties. Furthermore, when selecting identification and authentication features, the contractual partner must ensure that these correspond to the state of the art (e.g. length and complexity of a password).

5.4.

The contracting party shall be liable for the misuse or unauthorised use of the identification and authentication features if the misuse or unauthorised use is attributable to the contracting party. In addition, the contracting party must inform the operator immediately if it becomes aware or should become aware of any misuse or unauthorised use.

5.5.

The contractual partner must provide the operator with appropriate support during planned maintenance work and, in particular, provide all necessary information.

5.6.

The contractual partner may not use any software or other techniques or procedures (e.g. execution of scripts) in connection with the use of the platform that are likely to impair the operation, security and availability of the platform. In particular, the contractual partner must ensure that no viruses or malware impair the operation of the platform.

5.7.

The contractual partner must comply with all applicable laws when using the platform. In particular, the contractual partner must comply with all data protection regulations (DSGVO, DSG, etc.) and all labelling obligations. The contractual partner is prohibited from making content or data available on the platform that violates legal or other provisions with normative effect or official orders or infringes the rights of third parties. In the event of an infringement, the contractual partner shall be responsible for the content or data transmitted by it and shall indemnify the operator against any liability and any costs, including potential and actual costs of legal proceedings.

5.8.

Furthermore, the contractual partner is obliged to check the data made available to the operator or on the platform (e.g. photos, logos, etc.) for any copyrights, trademark rights, labelling rights or other rights of third parties (rights clearing) and guarantees that the data is free of third-party rights and can therefore be used for the intended purpose. The operator has no duty to warn in this respect and is not liable in the event of slight or gross negligence - at least in the internal relationship with the contractual partner - due to an infringement of such third-party rights by data provided by the contractual partner. If a claim is made against the operator by a third party due to such an infringement of rights, the contractual partner is obliged to indemnify and hold the operator completely harmless; the contractual partner must compensate the operator for all disadvantages arising from a claim by a third party, in particular the costs of appropriate legal representation. The contractual partner undertakes to support the operator in the defence against any third-party claims. The contractual partner shall provide the operator with all documents for this purpose without being requested to do so.

5.9.

The contractual partner must provide correct and complete descriptions and information on the products.

5.10.

The operator does not offer the contractual partner any legal or tax advice. All information on help pages, in articles and information merely represents the opinion of the operator. The contractual partner is responsible for obtaining appropriate legal and tax advice.

5.11.

The contractual partner shall provide the operator with timely, complete and continuous access to all information, documents and data required for the provision of the operator's service. He shall inform the operator of all circumstances that are important for the fulfilment of the contract, even if these only become known during the execution of the order. The contractual partner shall bear the costs incurred if work has to be repeated or adapted or is delayed as a result of incorrect, incomplete or subsequently changed information provided by the operator.

5.12.

The Contractual Partner shall be solely responsible for obtaining all necessary authorisations relating to its products or the commercial activity of the Contractual Partner from the relevant competent authorities and shall submit these to the Operator upon request.

6. SUPPORT

6.1.

An error within the meaning of these GTC is any malfunction reported by the contractual partner that results in the actual functionality deviating negatively from the agreed functionality and (i) this has a significant impact on the use of the platform with regard to core functionalities and (ii) the error can be reproduced by the operator.

6.2.

No support is provided for non-reproducible errors. In this case, the contracting parties will agree on how to proceed.

6.3.

Any errors that occur must be reported immediately with a precise description of the problem. The support team can only be contacted via the following link: https://loomobox.com/hilfe/support/.

6.4.

Support is excluded or subject to a charge in particular,

• for third-party software used by the contractual partner;
• in the event of faults caused by operating errors or improper or unauthorised use of the platform;
• for any hardware defects;
• when using the platform on hardware and operating system environments other than those specified;

 

7. RIGHTS OF USE; INTELLECTUAL PROPERTY

7.1.

The operator grants the contractual partner a non-exclusive, simple right to use the platform, limited in time to the term of this contractual relationship, but geographically unlimited, non-transferable and non-sublicensable. It may only be used in accordance with the statutory and contractual provisions. This agreement does not grant any further rights with regard to the platform, such as in particular the reproduction, processing and decompilation.

7.2.

The use and utilisation of texts, images, videos, logos, etc. from the operator outside the platform is only permitted with the written consent of the operator.

7.3.

The contractual partner is entitled to licence the product images created on the platform and the output file to third parties, whereby the contractual partner must ensure that these third parties are not granted any authorisation for sub-licensing. In particular, the contractual partner is prohibited from granting licences to the product images created on the platform and the output file that result in the product images subsequently being available on the Internet without a licence.

7.4.

The product images created on the platform and the output file may only be used after the respective credits have been redeemed.

7.5.

The contractual partner grants the operator a non-exclusive, simple, temporally and geographically unlimited, transferable and sub-licensable right of use with regard to all current and future types of use for the product images created on the platform. The operator accepts this granting of rights. The granting of rights includes in particular, but not exclusively, the following rights:

7.6.

all current and future exploitation rights, in particular all rights pursuant to Sections 14 to 18c UrhG;

7.7.

the right to edit, supplement or otherwise modify the work in any conceivable way at the Client's free will, regardless of whether this constitutes an adaptation within the meaning of Section 5 (1) UrhG; as well as the right to use the edited, supplemented or modified work to the same extent as the original work;

7.8.

Furthermore, the right to use the work includes, insofar as this is not already included in the granting of rights, all title and neighbouring rights, insofar as they are transferable, all rights of use to these rights and also all exploitation rights which do not yet exist at the time of conclusion of the contract or are not yet known to the contracting parties, insofar as the contracting party is and/or will be entitled to them.
 

8. ACCESS BLOCKING

The operator is authorised to temporarily or permanently block the contractual partner's access if the contractual partner violates contractual (e.g. point 5.2. f) or legal provisions or if the proper operation, security and availability of the platform is impaired by the contractual partner. The access block does not have to be announced in advance by the operator. The contractual partner is not entitled to claim compensation or damages from the operator due to the blocking of access.
 

9. TERM AND TERMINATION OF THE CONTRACT

9.1.

The contractual relationship is concluded for an indefinite period.

9.2.

The contracting parties are entitled to terminate this contract in writing at the end of each calendar month, subject to one month's notice, unless a different minimum contract term has been agreed.

9.3.

For contractual relationships based on a subscription with annual payment, the contract term is one year. If the contract is not cancelled at least one month before the end of the contract term, the contract term is extended by a further year in each case.

9.4.

Both contracting parties reserve the right to extraordinary cancellation for good cause. Good cause includes, but is not limited to, the repeated breach of contractual obligations and a delay in payment of more than 30 days.

9.5.

Cancellation notices must be made in writing to be effective. Use of the contractual software beyond the expiry of the cancellation period is not permitted.
 

10. PRICES

10.1.

All prices from the operator apply to the respective scope of services. The commissioning of services that go beyond the scope defined in the contract (in particular additional or special services) will be charged separately.

10.2.

All prices are quoted in euros. Unless expressly agreed otherwise in writing, prices are not to be understood as a lump sum.

10.3.

Unless otherwise stated by the operator, all prices quoted to the contractual partner are exclusive of all duties and taxes, in particular exclusive of statutory VAT.

10.4.

If discounts and special conditions are advertised on the operator's website, these only apply to first-time bookings by new contractual partners within the promotional period for the minimum contract term. In the event of a contract extension, the regular prices valid at the time of the contract extension shall apply.

10.5.

The Contractual Partner must provide the Operator with its VAT identification number (UID number). If the Contractual Partner does not disclose the VAT number or does not disclose it correctly or misuses the VAT number, the Contractual Partner shall be liable to the Operator, without prejudice to any further claims, in particular for the payment of Austrian VAT at the statutory rate.
 

11. PACKAGES / SUBSCRIPTIONS

11.1.

If the contractual partner has created product images, these can be output as a file for further use. The contractual partner must use credits for the file output. Depending on the complexity of the product image, a certain number of credits is required. The contractual partner is entitled to purchase credits once or as part of a subscription model.

11.2.

With the purchase of credits, the contractual partner is authorised to use the respective number of credits required for the output of the respective product images in a file. The operator is not obliged to take back purchased credits or to reimburse the contractual partner for unused credits.

11.3.

The operator also offers a free subscription model.

11.4.

For cancellation of the subscription model, see point 9.

11.5.

The operator is authorised to unilaterally change the billing modalities at any time. The contractual partner will be automatically converted to any new billing modality. As part of this changeover, it is ensured that the equivalent value of the credits to be redeemed does not change significantly.

11.6.

The operator reserves the right to change the respective subscription models and payment methods at any time. The contractual partner has no right to object to these changes.
 

12. TERMS OF PAYMENT, INTEREST ON ARREARS, PARTIAL INVOICES, LOSS OF DEADLINE, RETENTION OF TITLE

12.1.

The respective fee is due upon invoicing, unless special payment terms are agreed in writing in individual cases. The operator is authorised to pass on all cash expenses to the contractual partner without delay.

12.2.

In the event of default of payment by the contractual partner, the statutory default interest shall apply in the amount applicable to business transactions in accordance with § 456 UGB. The assertion of further claims, in particular claims for damages, shall remain unaffected.

12.3.

The operator and the contractual partner agree that in the event that the contractual partner does not properly fulfil its obligation to pay, compound interest shall be due in addition to the statutory default interest in accordance with Section 1000 (2) ABGB.

12.4.

The operator is entitled to demand immediate payment and to perform or provide outstanding services only against advance payment or provision of security as soon as circumstances become known which are likely to significantly reduce the creditworthiness of the contractual partner and which appear to jeopardise the payment of the outstanding claims of the operator by the contractual partner from the respective contractual relationship.

12.5.

In the event of default of payment by the contractual partner, the operator is entitled to invoice all services and partial services provided, including those provided within the framework of other contracts concluded with the contractual partner, and to demand immediate payment. Furthermore, the operator is not obliged to provide further services until the outstanding amount has been paid and is entitled to demand advance payment or security for services and deliveries still to be provided or to withdraw from the contract after setting a reasonable grace period. This shall not affect the contractual partner's obligation to pay the fee.

12.6.

If payment in instalments has been agreed, the operator reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of deadline).

12.7.

The Contractual Partner is not entitled to offset its own claims against the Operator's claims unless the Contractual Partner's claim has been recognised by the Operator in writing or has been legally established by a court of law.

12.8.

Benefits granted by the operator (rebates, discounts, cash discounts) shall also expire retroactively in full for the entire order if the contractual partner defaults on payment of even a partial, final or other invoice.

12.9.

Cash discounts may only be utilised if they have been expressly agreed in writing and have not already expired as stipulated above. A discount may only be deducted from the final invoice if all previous partial invoices have been paid on time. A discount deduction for partial invoices is only permitted if such a discount deduction is noted on the invoice.

12.10.

Unlawful price deductions by the contractual partner shall also lead to the retroactive loss of the entire cash discount and all other price reductions for the entire order or partial services.

12.11.

Partial invoices are always permissible for partial services. The terms of payment stipulated for the overall order shall apply equally to partial invoices.

12.12.

The operator is also authorised to send invoices to the contractual partner in electronic form (in particular by e-mail) to an address provided by the contractual partner. The contractual partner expressly agrees to the sending of invoices in electronic form.
 

13. WARRANTY, NOTICE OF DEFECTS

13.1.

Special or warranted characteristics shall only become part of the contract if they have been agreed in writing.

13.2.

Defects must be reported within 14 days of becoming aware or having to become aware of them, otherwise all warranty, error and/or compensation claims shall be forfeited, whereby any defects occurring must be specified to the contractual partner. The operator has the right to inspect the services complained about by the contractual partner with regard to the asserted defects after the complaint has been made. If the contractual partner refuses the inspection, it shall forfeit all associated warranty and compensation claims.

13.3.

The operator provides no warranty for non-reproducible errors.

13.4.

The existence of defects must be proven by the contractual partner. The presumption of defectiveness pursuant to § 924 ABGB is expressly waived.

13.5.

Excluded from the warranty are defects resulting from negligent, incorrect or improper handling by the contractual partner or due to similar external influences.

13.6.

If the elimination of a defect or the replacement is impossible or would cause disproportionately high costs, this can be refused by the operator. In this case, the contractual partner may only request a price reduction. Otherwise, the warranty remedy of cancellation of the contract is hereby expressly waived.

13.7.

Under no circumstances shall the contractual partner be entitled to withhold the agreed remuneration or a proportionate share of the remuneration or purchase price corresponding to the anticipated cancellation costs.

13.8.

If the operator provides services with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the operator shall assign these claims to the contractual partner. In this case, the contractual partner shall give priority to these third parties.

13.9.

§ Section 933b ABGB shall not apply.
 

14. LIABILITY, EXCLUSION OF LIABILITY

14.1.

In all cases under consideration, the operator shall only be liable for damages in the event of wilful intent or blatant gross negligence. The liability of the operator is excluded in cases of slight and other gross negligence. In cases of slight negligence and other gross negligence, the operator shall only be liable for personal injury. This also applies mutatis mutandis to liability for the behaviour of third parties used by the operator to fulfil contractual obligations.

14.2.

The operator is not liable for indirect damage, loss of profit, loss of interest, failure to make savings, consequential damage and financial loss, damage from third-party claims, unless the damage/deficiency is due to blatant gross negligence or intent.

14.3.

Irrespective of the cause and legal basis of the damage, the Operator's liability shall be limited to the amount covered by the Operator's liability insurance or, if damage is not covered by this, to 50% of the amount of the fee of the respective contract, but in the case of a permanent contract, to a maximum of 50% of the annual fee of the respective contract of the calendar year in which the damage occurred.

14.4.

Claims for damages against the operator must be asserted in court within six months of the contractual partner becoming aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim, but at the latest within three years of the event (behaviour) causing the damage (giving rise to the claim). The burden of proof for the existence and the amount of the damage lies with the contractual partner.

14.5.

The above exclusions and limitations of liability apply to the same extent in favour of employees and other vicarious agents of the operator.

14.6.

The contractual partner shall indemnify and hold the operator harmless for all direct and indirect damages incurred by the contractual partner as a result of the breach of the contractual obligation. In particular, the contractual partner must pay the operator for all services that the operator has to provide due to the breach of contractual obligations in order to be able to operate the platform properly again.
 

15. CONFIDENTIALITY, PUBLICATION, REFERENCE

15.1.

The contractual partner undertakes to keep secret all information that becomes known to it in the course of its cooperation with the operator, such as the identity of other contractual partners, information from end customers, information on physical security and data security, technical data, statistics and sales data from the operator, know-how, information on business processes, methods and marketing strategies (hereinafter also referred to as "secret information"). The contractual partner shall also ensure that confidential information is only disclosed to its employees, users or third parties to the extent that this is necessary within the scope of the contractual relationship in question (need to know). In the event of disclosure, the contractual partner shall impose this confidentiality clause on these persons accordingly. Excluded from this confidentiality obligation is information that is generally known or was already known to the respective contracting party prior to the conclusion of the contract by both parties.

15.2.

The obligation under clause 15.1. shall continue to exist for an indefinite period of time even after termination of the contractual relationship.

15.3.

The Operator is authorised to reference or publish services provided for the Contractual Partner by naming the Contractual Partner, in particular to advertise itself or its services or products and to use the name, company logo, product images and product descriptions of the Contractual Partner on its own advertising media, in particular on its Internet website, social media channels, print and other online media. Furthermore, the operator is authorised to refer to the existing or former business relationship with the contractual partner.

15.4.

The operator is also authorised to use the company logo of the contractual partner for advertising and marketing purposes on its internet website, social media channels, print and other online media.
 

16. TRANSFER OF RIGHTS AND OBLIGATIONS

Any assignment of rights and obligations arising from this contractual relationship is only permitted with the written consent of the operator. The operator is authorised to transfer its rights and obligations arising from the contractual relationship in question or the entire contractual relationship to third parties. The contractual partner agrees to this transfer upon conclusion of the contractual relationship. The contractual partner must give notice of the intended transfer at least 14 days before the transfer.
 

17. APPLICABLE LAW / PLACE OF JURISDICTION / PLACE OF FULFILMENT

17.1.

Austrian substantive law shall apply to the exclusion of its conflict of law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

17.2.

For all disputes arising from this contract, including the question of the valid conclusion of the contract and its preliminary and subsequent effects, the exclusive jurisdiction of the locally and factually competent court at the registered office of the operator is agreed.

17.3.

Unless otherwise agreed, the place of fulfilment for deliveries and services shall in all cases be the registered office of the operator.
 

18. FINAL PROVISIONS

18.1.

Amendments or additions to these GTC must be made in writing. This also applies to changes to the written form requirement.

18.2.

The contractual partner is obliged to inform the operator of any changes to their business and/or e-mail address, otherwise declarations by the operator shall be deemed to have been received if they are sent to the last business or e-mail address provided.

18.3.

Should individual provisions of these GTC be or become void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire GTC. In this case, the parties undertake to replace the void, unenforceable and/or invalid provisions with a provision that comes closest to the economic purpose of the void, unenforceable and/or invalid provision. The same applies to loopholes in these GTC.

18.4.

The operator expressly reserves the right to amend these GTC. Amendments to the GTC shall be notified to the contractual partner and shall be deemed to have been agreed if the contractual partner does not object to the amended GTC in writing within 14 days. The contractual partner has no right of objection with regard to technically necessary and security-relevant changes or changes that are necessary due to changes in the legal situation. These amendments shall take effect 14 days after notification to the contractual partner.

18.5.

The language of this contract is German.