Terms and Conditions

1. Definitions, Scope of Application

1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to use of the Online Shop and orders at http://www.jobstmedia.at (“Online-Shop”), to purchase contracts concluded at the Online Shop, and to all related products and services provided by Jobstmedia Präsentation Management Verlag, Obere Augartenstrasse 18a, A-1020 Wien (“Jobstmedia”).

1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print products as well as services at the Online Shop.

1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Jobstmedia has expressly confirmed same in writing.

2. Jobstmedia’s Performance

2.1 In the Online Shop, Jobstmedia offers books, media, maps, electronic books (“eBooks”) and electronic maps (“eMaps”) for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop.

2.2 After placing an order for them, Customers can download and store eBooks and eMaps in PDF format.

3. Technical Requirements for Using Digital Content

3.1 For using digital content and in particular for reading and storing the eBooks and eMaps, the Customer needs normal Internet access and a software for viewing PDF documents.

4. Use of the Online Shop

4.1 Customers wanting to place valid orders at the Online Shop have to leave the required information in order to be accordingly processed.

4.2 At all times, basic requirements for placing orders are that the Customer is of age and that he or she has full legal capacity.

4.3 The personal data requested during ordering process must be given correctly. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately inform Jobstmedia during an open ordering process.

4.4 On sending off the completed order form, the Customer also submits a proposal to conclude an agreement on accessing and using the Online Shop. The Customer is then sent a confirmatory eMail containing the details of the placed order. This confirmatory eMail con-stitutes Jobstmedia’s acceptance of the Customer’s proposal. An agreement on use for the On-line Shop is thus brought about.

5. Personal Data

5.1 The given data (eMail address, or user name, ...) are exclusively for the use within the order process.

5.2 In the event of any breach of these T&C and terms of use, in particular

- if wrong data is provided during registration,

Jobstmedia shall be entitled to temporarily or permanently block the Customer’s data, and/or to finally refuse the Customer access either with immediate effect or after a period of notice fixed at Jobstmedia’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect.

6. Purchase of Print Products and Digital Content

6.1 The Customer can order individual issues of certain books and/or media as print products and/or as eBooks or ePapers by clicking on the relevant shopping cart button provided for the goods on offer, and by then completing the order process.

6.2 When the Customer clicks on the “Order Now” button, he or she submits a proposal to conclude the relevant contract. Jobstmedia accepts this proposal by sending order confirmation by eMail, whereupon the contract is brought about. Jobstmedia is under no obligation to accept the Customer’s proposal. Jobstmedia’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.

6.3 As opposed to distance contracts in other areas, the Customer does not have any cancellation right when purchasing digital content (eBooks and eMaps) (Civil Code § 312d Para. 4 No. 3 and No. 1), even if he or she places an order in a consumer capacity.

6.4 When buying print products, the Customer has the following cancellation right:

CANCELLATION POLICY

Cancellation right

You may cancel your declared intention to conclude a contract within 14 days in text form (e.g. by post, eMail) without stating the reasons, or – if the item is put at your disposal before the set period expires – by sending back the item. The period allowed shall commence on receipt of this Cancellation Policy in text form, not however before the goods have been delivered to the recipient (in the case of recurring deliveries of similar items, not before receipt of the first delivery) and not before we have honoured our obligations to furnish relevant information pursuant to the Introductory Law to the Civil Code (EGBGB) Art. 246 § 2 in conjunction with § 1 Para. 1 and 2. In order to meet the deadline, it is sufficient to send off the cancellation notice before the period expires.

The cancellation notice must be sent to:

Jobstmedia Präsentation Management Verlag

Obere Augartenstrasse 18a

A-1020 Wien

Austria

 

Consequences of Cancellation

Provided cancellation is effective, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return all or some of the performance received and benefits derived (e.g. advantages of use), or if you can only return or surrender same to us in an impaired condition, then you must compensate us for the value. You only have to pay compensation for any impairment or benefits if they result from handling the item in a manner which exceeds an inspection of its features and functions. “Inspection of features and functions” shall be understood to mean testing and trying out the item as can be and is normally done in a retail shop or store. Items which can be sent by parcel post are to be returned at our risk. You have to pay the standard cost of returning the goods if the items ordered were delivered correctly. Bulky goods shall be collected at your address. Any obligations to refund payments must be honoured within 30 days; for you, the period allowed commences on the date you send us your cancellation notice or dispatch the item; for us, the period allowed commences on the date we receive said cancellation notice or the returned item.

END OF CANCELLATION POLICY.

 

7. Terms of Delivery for Print Products

7.1 Books, media and Jobstmedia’s other print products shall be dispatched to the Customer. The Customer has to pay the normal consignment costs. During the order process the Cus-tomer’s attention is expressly drawn to this fact and to the actual consignment costs payable.

7.2 Jobstmedia is entitled to make part-deliveries.

7.3 On exercising the cancellation right, the Customer has to pay the standard cost of return-ing the goods.

8. Delivery of Digital Content

8.1 eBooks and/or eMaps are delivered in PDF format.

8.2 For delivery purposes, the Customer receives a download link within an appropriate timespan after contract closure, which triggers the downloading of the respective PDF file from Jobstmedia´s server.

8.3 Jobstmedia reserves the right to discontinue distributing individual eBooks or eMaps in the event of any violation of copyright or for other important reasons. If within 12 months of contract closure the product bought is no longer accessible via the link mentioned in Item 8.2 above for this reason, the full amount paid for the book concerned shall be refunded to the Customer by Jobstmedia.

9. Prices, Terms of Payment

9.1 The prices for the individual goods are stated in the respective display of each item. For eBook subscriptions however, Jobstmedia reserves the right to offer special prices to Customers who take out a subscription for the corresponding print publication at the same time.

9.3 All the prices given in the Online Shop include Austrian statutory turnover tax at the rate in force at the time.

9.4 Unless otherwise agreed, payment for an individual order of a print product, or for one-off retrieval of an eBook or eMap, has to be made in advance and shall fall due for payment immediately on completion of the order.

9.5 Jobstmedia may offer various means of payment. For print products, the purchase price can be paid by credit card, PayPal or bank remittance. For digital products (eBooks or eMaps), the purchase price can be paid either by credit card or by PayPal. For payments handled by a payment system provider (e.g. PayPal), the respective provider’s terms of business and terms of use shall apply exclusively; the Customer may need to have a user account with the respective provider.

9.6 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the eMail address he or she has specified. If the Customer also wants paper invoices to be sent, Jobstmedia may charge a separate fee for this.

9.7 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, Jobstmedia shall be entitled to block the Customer’s access to the Online Shop and processing of orders, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her orders shall be reactivated.

9.9 Print products are delivered subject to retention of title. The goods delivered shall remain Jobstmedia’s property until such time as the purchase price has been paid in full.

10. Rights of Use for Digital Content

10.1 Digital content shall be delivered to the Customer by making the eBook or eMap available in PDF format (cf. Item 8 above).

10.2 Use of eBooks or eMaps is exclusively permitted for the Customer’s own purposes. If the Customer downloads an eBook or eMap as a PDF document, the file may be stored on the end device used solely by the Customer personally, i.e. one copy may thus be made. The Customer is prohibited from engaging in any other or more extensive types of use and ex-ploitation. Thus the following in particular are not permitted: making additional copies of the eBook or ePaper, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the eBook or eMap and publishing or exploiting the item thus made; passing on the eBook or eMap to third parties, or lending it out or otherwise circulating it; and making the eBook or eMap publicly accessible or sending it to third parties. This also covers use in an intra- or extranet.

10.3 Subject to the statutory restrictions laid down in copyright law, Item 11. 2 above shall apply irrespective of the purpose of use or exploitation, and irrespective of the form or embodiment of the eBook or eMap at the actual time. Moreover, it shall apply not only to the eBook or eMap in its entirety, but also – subject to the statutory restrictions laid down in copyright law – to all the individual articles, photographs and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.

10.4 Jobstmedia reserves the right to mark the Customer’s eBook or eMap with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Jobstmedia reserves the right to mark the eBook or eMap and individual content items by other means that are not necessarily evident to the Customer. Finally, Jobstmedia reserves the right to equip the eBook or eMap with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights.

10.5 Jobstmedia reserves the right to block access to the Customer’s eBook(s) or eMap(s) if the Customer has acted in breach of Item 11.2 above, or has enabled third parties to use or ex-ploit an eBook or eMap or parts thereof without authority to do so.

11. Liability

11.1 Jobstmedia shall bear liability in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence, is due to the object of performance lacking a warranted characteristic, is based on a culpable breach of cardinal duty, results from non-accidental mortal injury, physical harm or health damage, or is covered by liability under product liability law.

11.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner may rely on being performed at all times, and which on the other hand jeopardise attainment of the very purpose of the contract if breached.

11.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve mortal injury, physical harm or health damage – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.

11.4 In all other respects, liability towards Jobstmedia – for whatsoever legal cause – is excluded.

11.5 If the damage sustained by the Customer results from loss of data, Jobstmedia shall not be held liable if such damage would have been avoided if the Customer had regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.

12. Contract Document

12.1 Jobstmedia makes no provision for separate contract documents based on these T&C. Jobstmedia shall not therefore store “the contract document” that specifically relates to the Customer personally. When logged in to the Online Shop however, the Customer can see the placed orders in the shopping cart, which are running in his or her name.

13. Data Protection

13.1 Jobstmedia attaches great importance to the protection and safety of the Customer’s personal data. All the given data of a Customer are only used for the specific order process.

14. Miscellaneous

14.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Vienna shall be place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Jobstmedia and the Customer. It is agreed that Vienna shall be place of performance in such cases.

14.2 The same shall apply if subsequent to contract closure the Customer’s place of residence or normal place of abode is located at or is relocated to some place outside Austrian territory. This shall also apply if the Customer’s place of residence or normal place of abode is not known at the time when legal action is filed.

14.3 Austrian law shall apply exclusively. Application of CISG is excluded.

14.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate an agreement on a clause to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.

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