- Applicability of the General Terms and Conditions / Commissioning
1.1 H2 Agentur KG concludes contracts exclusively in accordance with these General Terms and Conditions of Business sent to the customer. By placing an order, the customer acknowledges their applicability. These shall also apply to all future business relationships, even if no express reference is made to them, unless a change is announced by H2 Agentur KG . Deviating agreements can only be made legally effective in writing. These General Terms and Conditions shall in any case take precedence over any terms and conditions of the customer. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions shall not be recognized.
1.2 Offers from H2 Agentur KG , as well as information in price lists, brochures and websites, are subject to change and non-binding. The presentation of the products in the online store does not constitute a legally binding offer, but is made as part of a non-binding offer in the online catalog operated by H2 Agentur KG. There is no legal claim to the availability and deliverability of the products shown online.
1.3 The customer may place an order with H2 Agentur KG in writing (by letter, e-mail, web form, online store order process) or verbally (in person, by telephone). After receipt of the order, H2 Agentur KG is free to send the customer anorder confirmation (acceptance of offer) or a rejection of the order (rejection of offer). H2 Agentur KG may reject an offer in particular if the customer ‘s delivery address is not in the delivery area served by H2 Agentur KG (European Economic Area and Great Britain), if the customeris to be classified asunworthy of credit or if the customer’s order deviates from the requirements specified by H2 Agentur KG.
1.4 A legally binding contract between H2 Agentur KG and the customer shall only come into existence when an order confirmation (acceptance of offer) is sent by H2 Agentur KG , thereby triggering reciprocal performance obligations.
- Copyright provisions
2.1 H2 Agentur KG is entitled to all copyrights and ancillary copyrights of the photographer (§§ 1, 2 para. 2, 73ff UrhG). Permission for use (publication rights etc.) shall only be deemed to have been granted if expressly agreed. In this case, the customer acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for use for the expressly agreed purpose and within the agreed limits (number of copies, temporal and local restrictions, etc.); in case of doubt, the scope of use stated in the offer, invoice or delivery bill shall be decisive. In any case, the customer only acquires as many rights as correspond to the disclosed purpose of the contract (or the order placed). In the absence of any other agreement, permission for use shall be deemed to have been granted only for a single publication (in one edition), only for the customer ‘s expressly designated medium and not for advertising purposes.
2.2 Any modification and / or processing of the photograph (wall pictures) requires the express written consent of H2 Agentur KG. This shall only not apply if the change is necessary according to the contractual purpose known to H2 Agentur KG .
2.3 Unless otherwise agreed, the customer shall acquire a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the private use of the photograph(s). Any use or exploitation other than for the intended purpose is not permitted.
- Delivery / loss and damage
3.1 The delivery of the photographs ordered from H2 Agentur KG shall be carried out by shipping service providers (e.g. Österreichische Post Aktiengesellschaft, DHL, DPD, GLS, Deutsche Post, Hermes or, in the case of large-format photographs, by forwarding agents such as Gebrüder Weiss Gesellschaft m.b.H.). The associated shipping costs result from the size of the order, shipping, handling and other services and are to be borne by the customer.
3.2 Partial deliveries are permitted up to a quantity that is reasonable for the customer. Each partial delivery is considered a separate delivery.
3.3 Shipments travel at the expense and risk of the customer.
3.4 In the event of loss of or damage to photographs produced on commission, H2 Agentur KG shall only be liable for intent and gross negligence, irrespective of the legal title and insofar as this does not conflict with any consumer protection provisions. Liability shall be limited to its own fault and that of its employees; H2 Agentur KG shall only be liable for third parties (laboratories etc.) in the event of intent and gross negligence in the selection. Any liability is limited to the cost of materials and free repetition (if and insofar as this is possible). The customer shall not be entitled to any further claims.
- Performance and warranty
4.1 H2 Agentur KG shall carry out the order carefully. It may also have the order carried out – in whole or in part – by third parties (laboratories, etc.). Unless the client gives express written instructions, H2 Agentur KG shall be free to decide how the order is to be carried out. This applies in particular to the image conception and the selection of the optical-technical (photographic) means used. The customer is aware that all photographs produced are always subject to the artistic freedom of H2 Agentur KG . The customer is aware of the style of H2 Agentur KG and expressly waives any complaints regarding the artistic freedom of design exercised by H2 Agentur KG and the visual and technical means used. Subsequent change requests by the customer shall requirea separate agreement and commissioning and shall be remunerated separately. Deviations from previous deliveries do not constitute a defect as such.
4.2 No liability shall be accepted for defects attributable to incorrect or inaccurate instructions from the customer (§ 1168a ABGB). In any case, H2 Agentur KG shall only be liable in cases of intent and gross negligence, unless consumer protection regulations provide otherwise.
4.3. All complaints must be made in writing within 8 days of delivery at the latest and must include all documents. After expiry of this period, the service shall be deemed to have been provided in accordance with the order. The warranty period is three months. The statutory provisions apply to consumers within the meaning of the KSchG.
4.4 In the event of defectiveness, the customer shall only be entitled to a claim for improvement by H2 Agentur KG – apart from those cases in which the customer is entitled to the right of rescission by law. If an improvement is impossible or is rejected by H2 Agentur KG , the customer shall be entitled to a price reduction. No liability is accepted for minor defects. Color differences in orders are not considered a significant defect.
4.5. Transactions for delivery by a fixed date only exist if expressly agreed in writing.
4.6 H2 Agentur KG is entitled to terminate the contract with immediate effect for important reasons. Good cause is to be assumed in particular if the assets of the customer bankruptcy or insolvency proceedings are opened or an application to open such proceedings is rejected for lack of assets to cover the costs or if the Customer suspends its payments or has justified concerns regarding the creditworthiness of the Customers exist and this after the request of the H2 Agency KG neither makes advance payments nor provides suitable security, or if the performance of the service is delayed for reasons attributable to the Customers is impossible or is further delayed despite the setting of a 14-day grace period, or the Customercontinues to breach material obligations under the contract, such as the payment of a due partial amount or obligations to cooperate, despite a written warning with a grace period of 14 days.
- Terms of payment
5.1. The prices listed at the time of ordering apply. These prices are exclusive of any applicable value added tax at the statutory rate. The customer waives the possibility of offsetting to the extent permitted by law. The goods remain the property of H2 Agentur KG until the purchase price has been paid in full.
5.2 Any changes requested by the customer in the course of carrying out the work shall be at the customer’s expense.
5.3 H2 Agentur KG offers the payment methods “Sofort Überweisen”, “Apple Pay”, “EUR Bank Transfer”, “Credit Card”, “Klarna” and “Paypal” and reserves the right not to offer certain payment methods for each order and to refer to other payment methods. Payments are only accepted from accounts in the European Economic Area and Great Britain. Any costs of a monetary transaction shall be borne by the customer.
5.4 With the “Klarna” payment method, the purchase price is due for payment on the day of receipt of the delivery by the customer. If payment is not made within 14 days of the due date, the customer shall be in default. In the event of default, H2 Agentur KG shall be entitledto claim the statutory default interest.
5.5. When ordering with the payment method “Sofort Überweisen” and “EUR Bank Transfer”, the purchase price must be paid within seven days. The item will only be shipped to the customer after the full purchase price has been credited. If payment is not receivedin the account of H2 Agentur KGwithin a further seven days of receipt of a payment request despite the due date, H2 Agentur KGshall be entitled to withdraw from the purchase contract.
5.6 With the payment methods “Apple Pay”, “credit card” or “PayPal”, the purchase price is due immediately upon conclusion of the contract and the customer ‘s account is debited upon completion of the order.
5.7 The providers of the aforementioned payment methods (“payment providers”) have their own terms of use, which the customermust take note of and accept separately.
5.8. In the event of default, interest and compound interest in the amount of 4% (for consumers) and 8% (for entrepreneurs) above the respective bank rate from the due date shall be deemed agreed, notwithstanding any claims for damages in excess thereof. For the purpose of calculating interest for the respective calendar year, the bank rate set on January 2 of the respective year shall be decisive for the entire calendar year.
5.9 Reminder fees and the costs of legal intervention – including corresponding out-of-court intervention – shall be borne by the customer.
- Right of withdrawal / Cancellation policy
6.1. The right of withdrawal and return for distance contracts in accordance with. § 11 para. 1 FAGG is according to § 18 Abs. 1 lit. 3 FAGG is excluded if the goods are manufactured according to customer specifications or are clearly tailored to personal requirements. Therefore, all custom-made products manufactured by H2 Agentur KG are excluded from the right of return.
6.2 The customer, insofar as he is a consumer, has the right to withdraw from the contract. § 11 para. 1 FAGG, the customer has the right to withdraw from a distance contract or a contract concluded outside business premises within 14 days without giving reasons. The withdrawal period begins on the day on which the consumer or a third party named by the consumer who is not acting as a carrier acquires possession of the goods, if the consumer has ordered several goods as part of a single order that are delivered separately, on the day on which the consumer or a third party named by the consumer who is not acting as a carrier acquires possession of the last delivered goods or in the case of delivery of a product in several partial shipments, on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the last partial shipment.
6.3. In order to exercise his right of withdrawal, the Customer the H2 Agency KGBahnhofstraße 15, 5700 Zell am See, phone: +43 6542 72 397, e-mail: office@h2-agentur.at by means of a clear statement (e.g. a letter sent by registered mail or e-mail) or verbally (e.g. by telephone) of his decision to withdraw from this contract. The customer is entitled to use the attached, non-mandatory sample withdrawal form for this purpose. If the customer makes use of his revocation option, H2 Agentur KG will send him a confirmation of receipt of his revocation within a reasonable period of time (e.g. by e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send notification of exercising the right of withdrawal before the withdrawal period expires.
6.4. When the Customer revokes the contract, the H2 Agency KG all payments that the H2 Agency KG from him, including the delivery costs, immediately and at the latest within fourteen days from the day on which the notification of his revocation of this contract is received by the H2 Agency KG has been received. The same means of payment used by the customer for the original transaction will be used for this refund, unless expressly agreed otherwise with the customer. H2 Agentur KG is entitled to refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods. The customer must return or hand over the goods to H2 Agentur KG immediately and in any case within fourteen days at the latest from the day on which he informed H2 Agentur KG of the revocation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer shall bear the direct costs of returning the goods.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us)
To H2 Agentur KG, Bahnhofstraße 15, 5700 Zell am See, phone: +43 6542 72 397, e-mail: office@h2-agentur.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Date
(*) Delete as appropriate
End of the withdrawal policy
- Final provisions and data protection
7.1 The place of performance and jurisdiction is the registered office of H2 Agentur KG. If the registered office is relocated, legal action can be brought at both the old and the new registered office.
7.2 The Product Liability Act (PHG) is not applicable; in any case, liability for other than personal injury is excluded if the customer is an entrepreneur. In all other respects, Austrian law shall apply, which shall also take precedence over international sales law.
7.3. Indemnification and hold harmless also include the costs of out-of-court legal defense. The fact that H2 Agentur KG does not exercise some or all of the rights to which it is entitled, or does not exercise them in full, does not constitute a waiver of such rights.
7.4 These General Terms and Conditions do not apply insofar as mandatory provisions of the Consumer Protection Act (for private individuals / consumers as customers) conflict with them. The partial invalidity of individual provisions (of these terms and conditions and of the contract) shall not affect the validity of the remaining contractual provisions. An invalid provision shall be replaced by a valid provision that comes closest to its meaning and purpose.
7.5 The customer acknowledges the following data protection notice, unless the customer has received a more detailed notice, and confirms that H2 Agentur KG has thereby fulfilled the information obligations incumbent on it:
7.5.1 H2 Agentur KG processes the personal data mentioned under point 7.5.2. for the execution of the concluded contract and / or the orders requested by the customer, in addition the further disclosed personal data for the own advertising purposes of H2 Agentur KG.
7.5.2 H2 Agentur KG processes the personal data, namely name, address, telephone and fax number, e-mail addresses, bank details and image data, in order to achieve the purposes stated under point 7.5.1.
7.5.3 For the above-mentioned purposes, the customer‘s personal data will be transmitted, if this is part of the contract, to recipients to be named at the customer ‘s request, namely in particular to third parties related to the concluded contract, if this is part of the contract, and, if applicable, to third parties involved in the execution of the contract.
7.5.4 The client ‘s personal data shall only be retained by H2 Agentur KG for as long as is reasonably deemed necessary to achieve the purposes set out in point 7.5.1 and as permitted by applicable law. The customer ‘s personal data will be stored for as long as statutory retention obligations exist or limitation periods for potential legal claims have not yet expired.
7.5.5. Under current law, the Among other things, the customer is entitled to check whether and which personal data the H2 Agentur KG and to receive copies of this data – with the exception of photographs – to demand the correction, addition or deletion of his personal data that is incorrect or is not processed in accordance with the law from the H2 Agency KG to request the restriction of the processing of personal data – provided that the legal requirements are met to object to the processing of their personal data under certain circumstances or to revoke the consent previously given for the processing to request data portability to know the identity of third parties to whom the personal data is transferred and to lodge a complaint with the competent authority if the legal requirements are met
7.5.6 If the customer has any questions or concerns regarding the processing of their personal data, they can contact H2 Agentur KG , whose name and address are known to them.
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