GENERAL TERMS AND CONDITIONS MARC HEISS DIGITAL GMBH

1. APPLICABILITY, CONCLUSION OF THE CONTRACT

1.1 Marc Heiss Digital GmbH (hereinafter “Marc Heiss Digital GmbH”) provides services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Marc Heiss Digital GmbH and the customer, even if they are not expressly referred to.

1.2 The version valid at the time of the conclusion of the contract shall apply in each case. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by Marc Heiss Digital GmbH. Amendments and/or extensions to these GTC shall enter into force with the online publication under the domain https://www.marc-heiss.com/agb and shall be deemed to be agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence in the notification.

1.3 Any terms and conditions of business of the customer shall not be accepted, even if known, unless otherwise expressly agreed in writing in the individual case. GTC of the customer are expressly contradicted by Marc Heiss Digital GmbH. A further objection against the GTC of the customer by Marc Heiss Digital GmbH is not required.

1.4 The offers of Marc Heiss Digital GmbH are subject to change and non-binding.

1.5 All orders and agreements are only legally binding if they have been confirmed in writing by Marc Heiss Digital GmbH or Marc Heiss Digital GmbH has started with the actual performance of services.

2. CONCEPT AND IDEA PROTECTION

If the potential customer has already invited Marc Heiss Digital GmbH in advance to create a concept and if Marc Heiss Digital GmbH complies with this invitation before the conclusion of the main contract, the following regulation shall apply:

2.1 Already by the invitation and the acceptance of the invitation by Marc Heiss Digital GmbH, the potential client and Marc Heiss Digital GmbH enter into a contractual relationship (“Pitching Contract”). This contract is also based on these GTC.

2.2 The potential customer acknowledges that Marc Heiss Digital GmbH already provides cost-intensive preliminary services with the concept development, although it has not yet assumed any service obligations itself.

2.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach the level of a work. The use and processing of these parts without the consent of Marc Heiss Digital GmbH is not permitted to the potential customer already due to the copyright law.

2.4 The concept also contains ideas relevant to advertising that do not reach the level of a work and thus do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the igniting spark of everything that is later produced and thus as the origin of marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic character are protected. In particular, advertising slogans, advertising texts, graphics and illustrations, advertising materials, etc. shall be deemed to be an idea within the meaning of this agreement, even if they do not reach the level of a work.

2.5 The potential customer undertakes to refrain from commercially exploiting or having exploited or using or having used these creative advertising ideas presented by Marc Heiss Digital GmbH within the framework of the concept according to item 2.4 outside the corrective of a main contract to be concluded later.

2.6 If the potential customer is of the opinion that ideas were presented to him by Marc Heiss Digital GmbH, which he already came up with before the presentation, he has to inform Marc Heiss Digital GmbH about this within 14 days after the day of the presentation by e-mail, citing evidence that allows a temporal allocation.

2.7 In the contrary case, the contracting parties assume that Marc Heiss Digital GmbH has presented the potential customer with an idea that is new for him. If the idea is used by the customer, it can be assumed that Marc Heiss Digital GmbH became meritorious in the process.

2.8 The potential customer may release itself from its obligations under clause 2.5 by paying reasonable compensation plus 20% VAT. The exemption will only come into effect after full payment of the compensation has been received by Marc Heiss Digital GmbH.

3. SCOPE OF SERVICES, ORDER PROCESSING AND CUSTOMER’S DUTY TO COOPERATE

3.1 The scope of the services to be rendered results exclusively from the service description in the offer or a possible order confirmation by Marc Heiss Digital GmbH. Within the given framework, there is freedom of design for Marc Heiss Digital GmbH in the fulfillment of the order.

3.2 All services of Marc Heiss Digital GmbH (in particular all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, color prints and electronic files) are to be checked by the customer and released by him within three working days from receipt by the customer. If they are not released in time, they shall be deemed approved by the customer.

3.3 The customer shall make available to Marc Heiss Digital GmbH in a timely and complete manner all information and documents that are necessary for the performance of the service. He will inform them of all circumstances that are of importance for the execution of the order, even if they only become known during the execution of the order. The customer shall bear the expenses incurred by the fact that work has to be repeated or is delayed as a result of his incorrect, incomplete or subsequently changed information from Marc Heiss Digital GmbH.

3.4 The Customer shall furthermore be obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights or other rights of third parties (rights clearing) and shall guarantee that the documents are free of third-party rights and can therefore be used for the intended purpose. Marc Heiss Digital GmbH is not liable in the case of negligence or after fulfillment of its duty to warn – at least in the internal relationship to the customer – because of an infringement of such rights of third parties by provided documents. If a claim is made against Marc Heiss Digital GmbH by a third party due to such an infringement, the customer shall indemnify and hold Marc Heiss Digital GmbH harmless regardless of fault; the customer shall compensate Marc Heiss Digital GmbH for all disadvantages incurred by a third party claim, in particular the costs of an appropriate legal representation. The customer is obligated to support Marc Heiss Digital GmbH in the defense against possible claims of third parties. The customer shall provide Marc Heiss Digital GmbH with all documents for this purpose without being requested to do so.

3.5 Additional services rendered that are not part of a written order and are not compensated by the agreed fee shall be charged according to the hourly rates of Marc Heiss Digital GmbH applicable at the time the service is rendered. This applies in particular to all ancillary services of Marc Heiss Digital GmbH, such as the transfer of content (especially texts and images) from already existing Internet websites.

4. EXTERNAL SERVICES / COMMISSIONING OF THIRD PARTIES

4.1 Marc Heiss Digital GmbH is entitled, at its own discretion, to perform the service itself, to make use of competent third parties as vicarious agents for the performance of contractual services and/or to substitute such services (“Third Party Service”).

4.2 The commissioning of third parties within the scope of an external service shall be carried out either in its own name or in the name of the Customer. Marc Heiss Digital GmbH will carefully select this third party and make sure that it has the required professional qualification.

4.3 As far as Marc Heiss Digital GmbH commissions necessary or agreed external services, the respective contractors are not vicarious agents of Marc Heiss Digital GmbH, but the commissioning takes place on behalf of the customer.

4.4 The customer shall in any case enter into obligations towards third parties that extend beyond the term of the contract. This expressly also applies in the event of termination of the contract with Marc Heiss Digital GmbH for good cause.

5. DATES

5.1 Unless expressly agreed as binding, stated delivery or performance deadlines shall only be deemed approximate and non-binding. Binding appointments are to be recorded in writing or to be confirmed in writing by Marc Heiss Digital GmbH.

5.2 If the delivery/service of Marc Heiss Digital GmbH is delayed for reasons that Marc Heiss Digital GmbH is not responsible for, such as events of force majeure and other unforeseeable events that cannot be averted with reasonable means, the obligations to perform shall be suspended for the duration and to the extent of the obstacle and the deadlines shall be extended accordingly. If such delays last more than two months, the customer and Marc Heiss Digital GmbH are entitled to withdraw from the contract.

5.3 If Marc Heiss Digital GmbH is in default, the customer may only withdraw from the contract after he has granted Marc Heiss Digital GmbH a reasonable grace period of at least 14 days in writing and this period has expired fruitlessly. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of proof of intent or gross negligence.

6. PREMATURE DISSOLUTION

6.1 Marc Heiss Digital GmbH is entitled to dissolve the contract for important reasons with immediate effect. Good cause shall be deemed to exist in particular if

a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days being set;

b) the customer continues, despite a written warning with a grace period of 14 days, to violate essential obligations under this contract, such as payment of a due amount or obligations to cooperate;

c) there are justified doubts regarding the creditworthiness of the customer and the customer does not make advance payments upon request of Marc Heiss Digital GmbH or does not provide a suitable security before Marc Heiss Digital GmbH performs.

6.2 The customer shall be entitled to terminate the contract for good cause without granting a grace period. An important reason exists in particular if Marc Heiss Digital GmbH continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the violation of the contract.

7. HONORARY

7.1 Unless otherwise agreed, the fee claim of Marc Heiss Digital GmbH arises for each individual service as soon as it has been rendered. Marc Heiss Digital GmbH is entitled to demand advance payments to cover the expenses. Marc Heiss Digital GmbH is entitled to issue interim or advance invoices or to call for payments on account.

7.2 The fee shall be understood as a net fee plus VAT at the statutory rate. In the absence of an agreement in the individual case, Marc Heiss Digital GmbH is entitled to a fee in the amount customary in the market for the services rendered and the transfer of the rights of use under copyright and trademark law.

7.3 All services of Marc Heiss Digital GmbH that are not expressly compensated by the agreed fee shall be remunerated separately. All cash expenses incurred by Marc Heiss Digital GmbH are to be reimbursed by the customer.

7.4 Cost estimates of Marc Heiss Digital GmbH are non-binding. If it is foreseeable that the actual (total) fee estimated in writing by Marc Heiss Digital GmbH will be exceeded by more than 15%, Marc Heiss Digital GmbH will inform the customer about the higher costs. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time discloses more cost-effective alternatives. If the cost overrun is up to 15%, a separate notification is not required. This cost estimate overrun shall be deemed approved by the Client from the outset.

7.5 For all work of Marc Heiss Digital GmbH, which is not carried out by the customer for whatever reason, Marc Heiss Digital GmbH shall be entitled to the agreed remuneration. The crediting provision of § 1168 ABGB is excluded. With the payment of the fee, the customer does not acquire any rights of use to work already performed; rather, concepts, drafts and other documents that have not been executed are to be returned to Marc Heiss Digital GmbH without delay.

7.6 Price changes that are not within the sphere of influence of Marc Heiss Digital GmbH, such as price changes by subcontractors, suppliers, changes in the law, exchange rate fluctuations, material cost adjustments, which, however, have an impact on the services rendered by Marc Heiss Digital GmbH, entitle Marc Heiss Digital GmbH to adjust the fee accordingly.

8. PAYMENT, RETENTION OF TITLE

8.1 The fee shall be due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in writing in individual cases. This also applies to the charging on of all cash expenses and other expenses. The goods delivered by Marc Heiss Digital GmbH remain the property of Marc Heiss Digital GmbH until the complete payment of the remuneration including all ancillary liabilities. In this regard, see also item 9.1.

8.2 In the event of default in payment by the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, in case of default of payment, the customer is obligated to reimburse Marc Heiss Digital GmbH for the incurred reminder and collection expenses, as far as they are necessary for the appropriate legal prosecution. In any case, this shall include the costs of a reminder letter in the amount customary in the market as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.

8.3 In case of default of payment by the customer, Marc Heiss Digital GmbH may immediately call due all services and partial services rendered within the scope of other contracts concluded with the customer.

8.4 Furthermore, Marc Heiss Digital GmbH is not obligated to provide further services until the outstanding amount is paid (right of retention). The obligation to pay remuneration remains unaffected.

8.5 If payment in installments was agreed upon, Marc Heiss Digital GmbH 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 date).

8.6 The customer is not entitled to set off its own claims against claims of Marc Heiss Digital GmbH, unless the customer’s claim has been acknowledged by Marc Heiss Digital GmbH in writing or has been determined by a court of law.

9. PROPERTY RIGHTS AND COPYRIGHT

9.1 All services of Marc Heiss Digital GmbH, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final drawings, concepts, prototypes from programming), also individual parts thereof, shall remain the property of Marc Heiss Digital GmbH as well as the individual workpieces and design originals and may be reclaimed by Marc Heiss Digital GmbH at any time – in particular upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. In the absence of any agreement to the contrary, however, the customer may use the services of Marc Heiss Digital GmbH exclusively in Austria. The acquisition of rights of use and exploitation of services of Marc Heiss Digital GmbH requires in any case the complete payment of the fees charged by Marc Heiss Digital GmbH for this. If the customer already uses the services of Marc Heiss Digital GmbH before this point in time, this use is based on a loan relationship that can be revoked at any time.

9.2 Changes or adaptations of services of Marc Heiss Digital GmbH (e.g. source codes, graphics, etc.), such as in particular their further development by the customer or by third parties working for the customer, are only permitted with the express consent of Marc Heiss Digital GmbH and – insofar as the services are protected by copyright – of the author.

9.3 Marc Heiss Digital GmbH is not obliged to hand over data carriers, files with creator code (Flash, Photoshop PSD, HTML, program code, etc.), unless this has been agreed in writing. The transfer of data carriers, files and data shall be remunerated separately.

9.4 For the use of services of Marc Heiss Digital GmbH that exceeds the originally agreed purpose and scope of use, the consent of Marc Heiss Digital GmbH is required – regardless of whether this service is protected by copyright. Marc Heiss Digital GmbH and the author are entitled to a separate appropriate remuneration for this.

9.5 For the use of services of Marc Heiss Digital GmbH or of advertising material for which Marc Heiss Digital GmbH has developed conceptual or design templates, the consent of Marc Heiss Digital GmbH is also required after the expiration of the contract, regardless of whether this service is protected by copyright or not.

9.6 The customer is liable to Marc Heiss Digital GmbH for any unlawful use in the double amount of the fee appropriate for this use.

10. MARKING

10.1 Marc Heiss Digital GmbH is entitled to refer to Marc Heiss Digital GmbH and, if applicable, to the originator on all advertising media and in all advertising measures, without the customer being entitled to a claim for payment.

10.2 Subject to the written revocation of the customer, which is possible at any time, Marc Heiss Digital GmbH is entitled to refer to the existing or former business relationship with the customer on its own advertising media and in particular on its Internet website with name and company logo (reference).

11. AVAILABILITY AND RESPONSE TIME

Marc Heiss Digital GmbH erbringt seine Leistungen mit entsprechender Sorgfalt, Zuverlässigkeit und Verfügbarkeit. However, Marc Heiss Digital GmbH cannot guarantee that its services will be accessible without interruption, that the desired connections can always be established, or that stored data will be preserved under all circumstances. Der Kunde hat nur dann Anspruch auf eine bestimmte Verfügbarkeit und Reaktionszeiten, wenn diese gesondert schriftlich vereinbart wurden.

12. WARRANTY

12.1 The customer shall report any defects immediately, in any case within eight days after delivery/service by Marc Heiss Digital GmbH, hidden defects within eight days after detection of the same, in writing, describing the defect; otherwise, the service shall be deemed approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects shall be excluded.

12.2 In the event of justified and timely notice of defects, the customer shall be entitled to improvement or replacement of the delivery/service by Marc Heiss Digital GmbH. Marc Heiss Digital GmbH shall remedy the defects within a reasonable period of time, whereby the customer shall enable Marc Heiss Digital GmbH to take all measures necessary for the examination and remedy of the defects. Marc Heiss Digital GmbH is entitled to refuse the improvement of the performance if this is impossible or connected with a disproportionately high effort for Marc Heiss Digital GmbH. In this case, the customer shall be entitled to the statutory rights of conversion or reduction. In case of improvement it is incumbent on the client to carry out the transfer of the defective (physical) item at his own expense.

12.3 It shall also be incumbent on the Client to review the performance for its legal admissibility, in particular under competition, trademark, copyright and administrative law. Marc Heiss Digital GmbH is only obligated to a rough check of the legal admissibility. Marc Heiss Digital GmbH is not liable for the legal admissibility of contents in case of negligence or after fulfillment of a possible duty to warn the customer, if these contents were given or approved by the customer.

12.4 The warranty period shall be six months from delivery/service. The right of recourse against Marc Heiss Digital GmbH according to § 933b Abs 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 ABGB is excluded.

13. LIABILITY AND PRODUCT LIABILITY

13.1 In cases of slight negligence, liability of Marc Heiss Digital GmbH and those of its employees, contractors or other vicarious agents (“people”) for material or financial damage of the customer is excluded, regardless of whether it is a matter of direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive violation of claims, culpa in contrahendo, defective or incomplete performance. The injured party must prove the existence of gross negligence. As far as the liability of Marc Heiss Digital GmbH is excluded or limited, this also applies to the personal liability of the “people” of Marc Heiss Digital GmbH.

13.2 Any liability of Marc Heiss Digital GmbH for claims made against the customer based on the service provided by Marc Heiss Digital GmbH (e.g. advertising measure) is expressly excluded if Marc Heiss Digital GmbH has complied with the duty to inform or if such a duty was not recognizable for Marc Heiss Digital GmbH, whereby negligence does not harm. In particular, Marc Heiss Digital GmbH is not liable for legal costs, the customer’s own attorney’s fees or costs of judgment publications as well as for possible claims for damages or other claims of third parties; the customer shall indemnify and hold Marc Heiss Digital GmbH harmless in this respect.

13.3 Claims for damages of the customer expire six months after knowledge of the damage; in any case, however, after three years after the infringing act of Marc Heiss Digital GmbH. Claims for damages are limited to the net order value.

13.4 Marc Heiss Digital GmbH uses content management systems (CMS), CMS components and CMS modules that fall under the category of open source software for the realization of customer projects. Customer acknowledges that all copyrights in the use of open source software are governed by the GNU GPL unless otherwise stated. Marc Heiss Digital GmbH has no influence on the development status and update cycles of the open source software. Therefore, any security gaps in the CMS are outside the responsibility of Marc Heiss Digital GmbH.

14. SEARCH ENGINE OPTIMIZATION (SEO)

Marc Heiss Digital GmbH registers Internet pages with all search services corresponding to the order within the scope of the service provision. The search services do not guarantee that the registered websites will be included and listed in the intended form. Marc Heiss Digital GmbH therefore does not give any guarantee for success, listing or (constant) position in search engines and also does not assume any liability or guarantee in case of possible sanctions by search engines, such as blocking, non-inclusion or non-ranking of a website.

15. GOOGLE ADS

Option 1:

Marc Heiss Digital GmbH performs activities directly in the Google Ads account of the customer. The paid search engine entries are carried out by Marc Heiss Digital GmbH on name and account of the customer. Prerequisite is a functioning deposited payment method. The billing on the part of Google for the paid search engine entries takes place on a click basis. The customer submits to Marc Heiss Digital GmbH his maximum desired daily budget for the purchase of search terms or placements. Unless otherwise agreed, the monthly budget is to be communicated in advance (at the latest on the first of each month) to Marc Heiss Digital GmbH by email in order to start or continue the paid search engine entries. Marc Heiss Digital GmbH assumes no liability for the content of the website to which the link leads. Marc Heiss Digital GmbH and the provider of the advertising space reserve the right to reject or modify ad texts, keywords or links from a specific keyword without giving reasons. Irrespective of this, item 3.4 shall apply accordingly.

Option 2:

Marc Heiss Digital GmbH brokers paid search engine entries (advertising space) to advertising customers as part of the “Google Ads” program on the results pages of the search engine operator Google. The paid search engine entries are carried out by Marc Heiss Digital GmbH on its own account but on behalf of the advertising customer. The billing on the part of Google for the paid search engine entries takes place on a click basis. The advertising customer sends Marc Heiss Digital GmbH his maximum desired daily budget for the purchase of search terms or placements. Unless otherwise agreed, the monthly budget is to be paid in advance (at the latest on the first of each month) to the account of Marc Heiss Digital GmbH in order to start or continue the paid search engine entries. Marc Heiss Digital GmbH assumes no liability for the content of the website to which the link leads. Marc Heiss Digital GmbH and the provider of the advertising space reserve the right to reject or modify ad texts, keywords or links from a specific keyword without giving reasons. Irrespective of this, item 3.4 shall apply accordingly.

16. GOOGLE ANALYTICS UND GOOGLE MAPS

The license-free web services Analytics and Maps from Google are integrated into the customer’s Internet pages at the customer’s request, subject to notification of and compliance with the applicable General Terms and Conditions of the third-party provider Google. Marc Heiss Digital GmbH is exclusively responsible for the implementation of the web services and assumes no liability, in particular also in the event that license costs for the use of the web services are incurred by Google in the future.

17. SOCIAL MEDIA CHANNELS

Marc Heiss Digital GmbH expressly points out to the customer before placing the order that the providers of “social media channels” (e.g. Facebook, hereinafter referred to as “providers”) reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. Accordingly, the providers are not obliged to forward content and information to the users. Therefore, there is the risk, which cannot be calculated by Marc Heiss Digital GmbH, that advertisements and appearances are removed without reason. In the case of a complaint from another user, the providers will allow the possibility of a counterstatement, but even in this case the content will be removed immediately. In this case, the restoration of the original, lawful state may take some time.

Marc Heiss Digital GmbH works on the basis of these terms of use of the providers, over which it has no influence, and also bases an order of the customer on them. By placing an order, the Customer expressly acknowledges that these Terms of Use (co-)determine the rights and obligations of any contractual relationship. Marc Heiss Digital GmbH intends to execute the order of the customer to the best of its knowledge and to comply with the guidelines of “social media channels”.

However, due to the currently valid terms of use and the simple possibility of each user to claim infringements and thus to achieve a removal of the contents, Marc Heiss Digital GmbH cannot guarantee that the commissioned campaign is also retrievable at any time.

18. CONFIDENTIALITY AND DATA PROTECTION

Marc Heiss Digital GmbH will treat all information and documents that come to its knowledge in the course of the cooperation with the customer and that are not intended to be passed on to third parties as strictly confidential. It shall impose the same duty of confidentiality on employees and third parties who receive such information or documents for the performance of work under this contract. This shall not apply only insofar as 1. Marc Heiss Digital GmbH is legally obligated to disclose such data to third parties, in particular government agencies, and insofar as 2. internationally recognized technical standards provide for this and the customer does not object. The confidentiality obligation shall apply beyond the term of this Agreement.

The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card data, VAT number) may be used for the purpose of fulfilling the contract and supporting the customer as well as for own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of reference to the existing or former business relationship with the customer (reference). The client agrees to be sent electronic mail for advertising purposes for services of Marc Heiss Digital GmbH until revoked.

This consent may be revoked at any time in writing by e-mail, fax or letter to the known contact details of Marc Heiss Digital GmbH.

19. APPLICABLE LAW

The contract and all mutual rights and obligations derived from it as well as claims between Marc Heiss Digital GmbH and the customer are subject to the Austrian substantive law under exclusion of its reference standards and under exclusion of the UN Convention on Contracts for the International Sale of Goods.

20. SEVERABILITY CLAUSE

The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. In this case, those provisions shall be deemed agreed which are legally valid and come closest to the purpose of the void or invalid provisions, provided that they nevertheless correspond to the original intention of the contracting parties. The same applies in the event of a gap in the contract.

21. PLACE OF PERFORMANCE AND JURISDICTION

21.1 Place of performance is the registered office of Marc Heiss Digital GmbH. In case of shipment, the risk is transferred to the customer as soon as Marc Heiss Digital GmbH has handed over the goods to the carrier chosen by it.

21.2 As place of jurisdiction for all legal disputes arising between Marc Heiss Digital GmbH and the customer in connection with this contractual relationship, the court having subject-matter jurisdiction for the registered office of Marc Heiss Digital GmbH is agreed. Regardless of this, Marc Heiss Digital GmbH is entitled to sue the customer at his general place of jurisdiction.

21.3 Insofar as in this Agreement terms referring to natural persons are only stated in the masculine form, they shall refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.

GENERAL TERMS AND CONDITIONS – STORE

Contractual conditions within the framework of purchase contracts concluded via the platform https://www.marc-heiss.com

between

Marc Heiss Digital GmbH
Herr Marc Heiss
Römerstraße 101
6103 Reith bei Seefeld
Österreich
ATU69698936

– im Folgenden „Anbieter“ 

and

den in § 2 dieser AGB bezeichneten Nutzern dieser Plattform – im Folgenden „Kunde/Kunden“ – geschlossen werden.

§ 1 SCOPE

The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Abweichende Bedingungen des Kunden werden nicht anerkannt, es sei denn, der Anbieter stimmt ihrer Geltung ausdrücklich schriftlich zu.

§ 2 CONCLUSION OF THE CONTRACT

(1) The Customer can select products from the Provider’s assortment and collect them in a so-called shopping cart via the button “add to cart”. By clicking on the button “Buy now”, he submits a binding request to purchase the goods in the shopping cart. Vor Abschicken der Bestellung kann der Kunde die Daten jederzeit ändern und einsehen.

(2) The Provider shall then send the Customer an automatic confirmation of receipt with the subject “Confirmation of your order with ” by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this e-mail the content of the order is summarized  this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent by us to the customer on a durable medium (e-mail or paper printout). Der Vertragstext wird unter Wahrung des Datenschutzes gespeichert.

(3) The contract shall be concluded in the languages: German.

§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT MODALITIES

(1) Delivery times stated by us shall be calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer thereof without undue delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and in the same country a delivery address pangeben can: Austria.

(4) Der Kunde kann die Zahlung per Überweisung, Kreditkarte (Stripe), Rechnung vornehmen.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline.

§ 4 RESERVATION OF OWNERSHIP

Until full payment of the purchase price, the delivered goods remain the property of the supplier.

§ 5 PRICES AND SHIPPING COSTS

(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

§ 6 WARRANTY FOR MATERIAL DEFECTS

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. Gegenüber Unternehmern beträgt die Gewährleistungsfrist auf vom Anbieter gelieferte Sachen 12 Monate.

§ 7 LIABILITY

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.

(3) The restrictions of paras. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 NOTES ON DATA PROCESSING

(1) Der Anbieter erhebt im Rahmen der Abwicklung von Verträgen Daten des Kunden. In particular, it shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the Customer’s consent, the Provider shall not use the Customer’s data for the purposes of advertising, market or opinion research.

§ 9 FINAL PROVISIONS

(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Innsbruck, February 2021

General Terms and Conditions Seminars

§ 1 Applicability, definitions of terms

(1) Marc Heiss Digital GmbH, Römerstraße 101, A-6103 Reith bei Seefeld, Austria (hereinafter referred to as “we” or “Marc Heiss Digital GmbH”) operates an online store for services under the website https://www.marc-heiss.com. Die nachfolgenden allgemeinen Geschäftsbedingungen gelten für alle Leistungen zwischen uns und unseren Kunden (im Folgenden: „Kunde“ oder „Sie“) in ihrer zum Zeitpunkt der Bestellung gültigen Fassung, soweit nicht etwas anderes ausdrücklich vereinbart wurde.

(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity, a partnership with legal capacity being a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Zustandekommen der Verträge, Speicherung des Vertragstextes

(1) Die folgenden Regelungen über den Vertragsabschluss gelten für Bestellungen über unseren Online-Shop unter https://www.marc-heiss.com.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is made in the following steps:

1. Selection of the chosen service(s),
2. Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
6. Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
7. The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.

(4) In case of contract conclusion, the contract is concluded  Marc Heiss Digital GmbH, Römerstraße 101, A-6103 Reith bei Seefeld, Austria.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Gegenstand des Vertrages und wesentliche Merkmale der Produkte

(1) In our online store is the subject of the contract:

1. Die Erbringung von Dienstleistungen. The concrete services offered can be found on our article pages.

(2) The essential characteristics of the services can be found in the item description.

(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Preise, Versandkosten und Lieferung

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.

(3) Bei einem Kauf auf Rechnung beträgt der Mindestbestellwert 0,00 € und der Höchstbestellwert 0,00 € für diese Zahlungsart.

(4) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(5) All offered products are ready for immediate shipment, unless clearly stated otherwise in the product description (delivery time: [ place the value for default_delivery_time_text ] after receipt of payment or after receipt of the order in case of purchase on account).

(6) The following delivery area restrictions apply: Delivery is made to the following countries: Germany, Italy, Switzerland, Austria.

§ 5 Right of retention

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 6 Right of withdrawal

As a consumer you have a right of withdrawal. This is based on our Widerrufsbelehrung.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance, which is described in § 3.

§ 8 Contract language

Only German is available as the contract language.

§ 9 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(4) [gzd_complaints text_only=”yes”]