General Terms and Conditions with Customer Information
Last Update: 3. June 2026
Table of contents
Validity of the GTC · General Information on Offers and Orders · Ordering Process and Conclusion of Contract · Contract Text and Contract Language · Delivery and Availability of Goods · Production and processing according to the Customer’s specifications · Assembly and Installation · Duration, termination and renewal of service contracts · Customer Account · Prices and Shipping Costs · Payment Methods and Terms · Purchase on account · Copyright and Rights of Use · Instructions on Withdrawal · Warranty and Liability · Change of GTC · Data protection and confidentiality · Final provisions · Consumer Dispute Resolution
1. Validity of the GTC
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between Kmentemt - Christopher Temt (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products.
Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
“Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
“Product” within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
Regardless of the terminology used in the GTC, such as “Vendor”, the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.
2. General Information on Offers and Orders
The presentation and promotion of products on the Vendor’s websites as well as in digital or printed informational materials does not constitute a binding offer to conclude a contract, but rather a non-binding invitation to the Customer to submit an offer for the purchase of the displayed goods.
Customers are responsible for ensuring that the information they provide is accurate and for notifying the Vendor of any changes, where such changes are required for the fulfilment of the contract. In particular, Customers must ensure that the e-mail addresses, delivery addresses and shipping addresses provided are correct and that any obstacles to receipt for which the Customer is responsible are duly considered (e.g. by checking the spam folder of their e-mail software).
Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
3. Ordering Process and Conclusion of Contract
The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
By clicking the button that concludes the order process, the Customer submits a binding offer to purchase the products contained in the shopping cart or in a corresponding selection overview to the Vendor.
The Service Provider accepts the Customer’s offer, whichever of the following events occurs first: (i) by means of an express declaration of acceptance in text form (e.g. by e-mail), (ii) by completion of the payment process, (iii) by a payment request addressed to the Customer, (iv) in the case of goods orders, by dispatching them; in the case of services, by commencement thereof; and otherwise by making the product available as contractually agreed. The Service Provider may accept the Customer’s offer within the acceptance period. The acceptance period is five days. The acceptance period begins upon completion of the ordering process by the Customer and ends at midnight on its last day. If the Service Provider does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by their offer.
4. Contract Text and Contract Language
The Vendor stores the contract text (in particular the order data, product information, prices, these GTC as well as other legally required mandatory information) and makes it available to the Customer in text form, by email or at the latest upon delivery of the order or provision of the ordered service.
The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).
If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
The contractual language is English, contracts can be concluded in this language.
5. Delivery and Availability of Goods
The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
In the case of goods delivered by means of a freight carrier, delivery shall be made “free kerbside”, unless otherwise agreed. This means that delivery will be made to a public kerbside nearest to the place of delivery.
Furthermore, delivery by means of a freight carrier can only be made if the requirements for the freight carrier delivery communicated to the Customer within the scope of the product description or the ordering process can be fulfilled.
If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary.
6. Production and processing according to the Customer’s specifications
If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer’s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as “Cooperation”).
The Customer shall be informed of his required Cooperation within the product description or the ordering process.
In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer’s Cooperation.
The Vendor shall not bear any costs for the Cooperation of the Customer.
The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer’s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).
7. Assembly and Installation
Assembly and installation services, which also include preparatory measures connected therewith, shall be carried out after consultation with the Customer at an agreed date.
The risk of accidental loss or accidental impairment of the goods to be assembled or installed shall pass to the Customer not until the finished assembled or installed goods have been handed over to the Customer.
If additional costs arise in connection with the assembly and installation services, these will be communicated to the Customer within the scope of the product description, the ordering process or within the scope of a subsequent agreement.
The Customer shall be responsible for providing the Vendor with the information required for assembly and installation, as well as for providing the necessary support and, in particular, for ensuring the necessary access to premises.
The assembly and installation services shall be performed professionally. Unless otherwise agreed, the Vendor may commission appropriately qualified third parties with the assembly and installation services.
8. Duration, termination and renewal of service contracts
The service is provided as a continuous performance over an extended period or at regularly recurring intervals (continuing obligation) and may be ordinarily terminated by either contracting party. The notice period is one month.
After the end of the contractual term, the service contract shall be extended for an indefinite period unless terminated by one of the parties.
In the event of an extraordinary termination, services already provided by the Service Provider shall be remunerated on a pro-rata and reasonable basis. If payments have been made in advance, a proportional refund shall be issued for services that can no longer be provided due to the extraordinary termination. In the case of ordinary termination, remuneration shall be determined according to the agreed billing or contract period. Payments made in advance will only be refunded on a pro-rata basis if the contract does not provide for a minimum term and the Customer can ordinarily terminate the contract before expiry of the prepaid period. Otherwise, in the case of ordinary termination, there is no entitlement to a proportional refund if the Customer has chosen a specific contract term or a discounted prepayment period and this term can continue.
9. Customer Account
The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
To place an order, Customers must create a Customer account. Ordering as a Guest is not possible.
Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers’ responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers’ content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties. These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation. Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers’ fundamental rights are taken into account in order to ensure a fair and equitable solution.
Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer’s responsibility to secure their data upon termination of the Customer account.
10. Prices and Shipping Costs
Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.
11. Payment Methods and Terms
Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called “pre-notification”).
If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
Credit card payment - When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
Klarna - Payment is made through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: “Klarna”) by means of the Klarna payment method provided or selected by Customer. Klarna’s terms of use apply, which can be viewed at https://www.klarna.com and are communicated to the Customer during the payment process.
Klarna PayNow credit card - The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
Klarna Sofortüberweisung (Sofort) - The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information: https://www.klarna.com/sofort/.
PayPal – Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) using the type of PayPal payment provided or selected by Customers. At the end of the ordering process, Customers are redirected directly to PayPal. For Customers who have a PayPal account, the following terms of use of PayPal apply: https://www.paypal.com/legalhub/paypal/useragreement-full. If Customers use PayPal’s services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. An overview of all terms can be found at: https://www.paypal.com/legalhub/paypal/home.
PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
Amazon Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. The Customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered at Amazon Pay. After the order is placed, the payment transaction is ordered via Amazon Pay. Further information and conditions: https://pay.amazon.com/.
Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.
Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
paydirekt - The use of paydirekt requires an online banking account activated by paydirekt. The payment transaction is carried out on the basis of the conditions of paydirekt, which are also communicated to the customer during the ordering process.
Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe’s terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.
12. Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as “Retained Goods”). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer’s request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.
13. Copyright and Rights of Use
The documents, instructions, informational materials, products and media – such as photographs, images, graphics, videos or audio recordings (hereinafter referred to as “Protected Content”) – provided by the Vendor to the Customer may, unless expressly agreed otherwise, be used exclusively for the individual and contractual use by the Customer. In addition, they are protected by intellectual property rights, in particular copyright. The rights of use and exploitation of the Protected Content remain with the Vendor or the respective rights holders. The Customer undertakes to acknowledge and observe these usage restrictions as well as the intellectual property rights.
The Customer is granted simple rights of use to utilise the acquired Protected Content for contractual purposes. Any further use or exploitation of the Protected Content is not permitted. In particular, Protected Content may not be reproduced, distributed, made publicly accessible on the internet or intranets, or otherwise made available to third parties.
The Vendor expressly reserves the right to use the Protected Content for commercial text and data mining. Text and data mining is the automated analysis of individual or multiple digital or digitised works in order to obtain information from them, particularly regarding patterns, trends and correlations. In particular, the Protected Content may not be used for the development, training, programming, improvement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content, regardless of whether such content is protected by copyright. Furthermore, the purchaser undertakes to take reasonable and necessary measures to ensure that the acquired Protected Content is not subjected to text and data mining. This includes, for example, incorporating corresponding notices into their own terms of use and ensuring that employees are appropriately instructed (especially in relation to digital content). The specific details depend on the type of Protected Content and the nature of its use.
If the Protected Content is subject to a specific usage licence, Customers will be informed about the usage licence. In the event of any conflict between the usage licence and these Terms and Conditions, the provisions of the usage licence shall prevail.
If the Vendor provides services in advance, the Customer shall receive a simple, non-transferable and revocable right to use the Protected Content until full payment of the remuneration owed has been made.
If there is a justified suspicion of misuse or a significant breach of these provisions for the protection of Protected Content, the Service Provider is entitled to take appropriate verification and protective measures until the suspicion has been clarified. In the event of serious breaches or breaches that continue despite a warning, the Service Provider is entitled to terminate the contractual relationship without notice. The Customer shall be liable for damages incurred by the Service Provider as a result of a culpable breach of duty attributable to them.
14. Instructions on Withdrawal
The right of withdrawal applies to contracts for the delivery of merchandising goods, but expressly does not apply to contracts for the delivery of works of art (prints, sculptures, Letter Art and other artworks) that are unique, individual works and not prefabricated, and for the production of which an individual selection (date, price, number) or determination by the consumer is decisive. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract and delivery, have their place of residence, habitual abode or delivery address outside a Member State of the European Union (EU) or the European Economic Area (EEA) and do not belong to any of these Member States.
The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.
15. Warranty and Liability
The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
The Vendor may limit the warranty in the case of Customers who are consumers if it has specifically informed the Customers thereof and the limitation of the warranty is expressly and separately agreed and this agreement is provided to the Customer on a durable medium.
The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
16. Change of GTC
The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.
17. Data protection and confidentiality
The Service Provider processes personal data exclusively in accordance with the applicable data protection laws. Details regarding data processing as well as the rights of the data subjects are outlined in the Service Provider’s privacy policy.
Both parties undertake to treat as strictly confidential all confidential information obtained in the context of the contractual relationship. Confidential information includes, in particular, personal data, personal circumstances, conversation contents, votes, documents, concepts as well as business and trade secrets such as internal processes, pricing and calculation models, strategies, process descriptions, customer and supplier data, technical processes or other non-public economic information, insofar as these are not generally known or were already lawfully accessible to the other party. Disclosure to third parties shall only take place with the express consent of the respective affected party. Consent may be dispensable if disclosure is in the apparent interest of the affected party and it can be assumed that they would consent. Information that must be disclosed due to statutory provisions or must be communicated by official or court order or whose use is necessary for the protection of legitimate interests is excluded from the duty of confidentiality. Disclosure to persons from the private or professional environment of the parties is not included herein. The duty of confidentiality continues beyond the termination of the contractual relationship.
18. Final provisions
The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Republic of Austria, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be at the (registered) office of the Vendor if the Customer is an entrepreneur. The Vendor reserves the right to choose another admissible place of jurisdiction.
19. Consumer Dispute Resolution
We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
Legal text by Dr. Schwenke.
