General Terms and Conditions for Subscription Purchase Contracts of ACROSS Medien- und Verlags GmbH
1. Scope of application
(1) The General Terms and Conditions below (hereinafter referred to as “GTC”) shall apply to Subscription Purchase Contracts concluded between ACROSS Medien- und Verlags GmbH (hereinafter referred to as “ACROSS”) as a seller of goods (especially trade magazines such as the ACROSS Print Magazine) and downloads (e-paper, PDF), and its customers via the webshop (hereinafter also referred to as “online shop”), via the Apple App and Google Play stores (also in each case referred to as “in-app purchases”) or via e-mail, telephone, fax or other communication channels.
(2) Customers shall, by placing their order, express their acceptance of these GTC. These GTC shall exclusively apply unless amended or supplemented by express written individual agreement. No customer GTCs shall in principle apply.
(3) Subscribers shall receive ACROSS (ACROSS e-paper or ACROSS Print Magazine & e-paper) for an unlimited period. No statute of limitation shall apply unless by express agreement. Subscriptions shall in such cases automatically end on termination of the agreed term of a subscription.
2. Conclusion of the Purchase Contract, delivery
(1) All offers in ACROSS sales brochures, on the ACROSS website https://www.across-magazine.com and the like, are “without obligation”, merely constituting invitations for customers to make an offer. By ordering goods via the website https://www.across-magazine.com (by completing the Order form and clicking “Sign up now”), via e-mail, telephone, fax or via other communication channels, customers shall be deemed to have made a binding offer for the conclusion of a purchase contract with ACROSS. Customers will, when ordering via the ACROSS webshop, be e-mailed confirmation of receipt of order, including pertinent detail (order confirmation). Such order confirmation shall not constitute acceptance of an offer but serve only to inform the customer that the order has been received by ACROSS.
(2) A purchase contract with ACROSS shall enter into effect on the shipment of the ordered goods (e.g. Print Magazine) to a customer, thereby constituting acceptance by ACROSS of the customer’s offer.
(3) Where products such as e-papers are delivered via data download, the subscription code for downloading such e-paper shall constitute acceptance of the customer’s offer to purchase. This shall apply both to purchases via the ACROSS online shop and to in-app purchases in Google Play or Apple App stores.
(4) Articles for immediate delivery shall, depending on the time of receipt of order, be handed to the delivery service on the same or following workday. Orders received on weekends or on holidays will not be delivered earlier than the following workday. Different durations of delivery must also be added on to estimated times of arrival. Titles that are not immediately available will be earmarked for delivery on the availability date given in the title’s detail view. ACROSS will, in cases of additional delays of delivery, notify customers of estimated dates for delivery by e-mail.
(5) Customers will, should ACROSS not accept a customer’s offer, be informed of such unavailability of goods by e-mail. Any payments a customer may have already made will be reimbursed without delay.
3. Contract language
(1) The language of the contract will be English. All other information, including our customer service and complaint handling, will also be in English.
4. Purchase price, shipping costs
(1) The subscription rates published by ACROSS shall apply. These rates are published in the ACROSS Print Magazine imprint and may also be perused under www.across-magazine.com/subscribe. ACROSS has the right to adjust subscription rates. The subscription rates will be in effect as from the day of publication of ACROSS (Imprint) and in www.across-magazine.com. Rates at the time of payment shall apply for pre-paid subscription periods. Annual or monthly subscription fees shall be payable for the full calendar year or month, in advance.
(2) Rates exclude value-added tax, tariffs and any shipping or other costs. Price changes prior to ordering and input and electronic transmission errors reserved.
5. Payment types and deadlines, dunning costs, interest on arrears, retention of title
(1) The following payment methods are available:
- Credit card (Visa or Mastercard) – ACROSS accepts Visa and Mastercard. For payments by credit card, ACROSS will on the day of acceptance of an order by ACROSS instruct the customer’s credit card issuer to collect the invoiced amount. This type of payment will be available for all order transactions.
(2) The payment types given under Section 5 (1) may not be made available to all customers. Payment type options may be limited depending on products ordered (e.g. e-papers), credit checks or for other reasons (see Section 5 under the GTC). ACROSS will accept only those types of payment offered a customer within the framework of a specific ordering method (online order form, e-mail, telephone, fax and the like).
(3) Invoices will be payable as per the terms of payment, on receipt and without cash discount.
(4) Magazine subscriptions (Section 8) shall be payable for the following year in advance, as invoiced and in full.
(5) Customers shall in the event of default undertake to reimburse ACROSS for arising dunning and collection fees insofar as may be necessary and reasonable in terms of relevant litigation. Additional 12% p.a. interest shall be payable on arrears in case of a payment default.
(6) ACROSS reserves rights of ownership to the object of purchase pending full payment of the purchase price.
6. Warranty and compensation for damages
(1) ACROSS shall, in accordance with general warranty regulations, be entitled to remedy defective delivered goods, specifically also by delivery of specific substitute pages or by substitution. Customers shall not be entitled to demand price reductions or substitution should remediation or substitution be impossible, should such demands on ACROSS be disproportionate, or should ACROSS fail to meet a customer’s demands in a reasonable time. No rights shall exist to remediation of a minor defect.
(2) Customers shall not be entitled to claims for compensation, specifical compensation for consequential damage or lost profit based on late, partial, or no delivery unless losses are due to gross negligence or intent. ACROSS shall in cases of personal injury be liable also for slight negligence.
(3) Product defects cannot be excluded despite the utmost care. ACROSS will not warrant or accept liability for the content of the purchased objects, especially not for formal correctness, the correctness of the content or the legality of statements, texts, images, sound or audiovisual media etc.
7. e-paper
(1) The e-paper will, upon receipt of payment be activated via the customer’s account or via in-app purchases in Google Play or Apple App store. The customer is advised to download the data without delay.
(2) ACROSS will not grant customers rights to ownership of e-papers. Customers will obtain non-exclusive and non-transferable rights of use of the offered titles for exclusively personal and professional purposes. Editorial changes to such e-papers or their content and using changed versions, copying these on behalf of third parties, offering or passing them on to the public, placing them on the Internet or on other networks free of charge or for a fee, plagiarising, reselling or utilising them for commercial purposes shall be prohibited. The transfer of rights to third parties shall be excluded.
(3) e-papers can be paid for exclusively by credit card. Invoicing shall be via e-mail. The provisions under Section 9 of these GTC shall apply to consumers.
8. Notice of termination
(1) Customers will be entitled to cancel their subscription at any time, with a notice period of 24 hours to the end of the pre-paid period.
(2) Cancellation shall be in writing either to ACROSS Medien- und Verlags GmbH, A-1010 Vienna, Ebendorferstraße 3|10, or faxed to +43/1/533 32 60-15, or e-mailed to office@across-magazine.com, or alternatively by clicking the “Cancel” button in the online shop Customer area.
9. Default
(1) ACROSS shall in cases of payment default by subscribers be entitled to suspend delivery. Customers shall in the event of payment default pay statutory interest at no less than 9.2 percentage points over base rate (currently 8.58% p.a.).
(2) Customers shall furthermore undertake to pay a flat rate of EUR 10.00 to cover dunning costs arising in the event of payment defaults.
10. Special provisions for consumers
(1) The below special provisions under the Austrian Distance Selling Act (FAGG) will apply exclusively to customers deemed consumers under § 1 of the Austrian Consumer Protection Act (KSchG). Every natural person acting for purposes other than commercial, business or professional purposes will be deemed a consumer. The following provisions will be applicable to contracts concluded externally to the business premises of a firm, i.e. including distance selling via webshops, e-mail or telephone.
(2) Information on exercising rights of rescission:
11. Right of rescission
(1) Consumers have a right to revoke the contract within fourteen days without furnishing reasons. The rescission period will be fourteen days, commencing
- on the day on which a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the goods;
- in the event of consumers ordering several separately delivered goods under the same order, on the day on which a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the last delivery of goods.
Should several of the above issues apply, the rescission period will commence when a consumer or his appointed representative, excluding third party shipping agents, acquires ownership of the most recent goods or partial shipment.
(2) Consumers shall, to exercise their right of rescission, inform
ACROSS Medien- und Verlags GmbH
Ebendorferstraße 3|10
1010 Vienna
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60 15
E-mail: office@across-magazine.com
of their decision to rescind the contract by means of an unequivocal statement (e.g. letter by mail, fax or e-mail).
(3) Consumers may optionally to this end use the rescission template offered consumers on the ACROSS website https://www.across-magazine.com/terms-conditions/.
Compliance with the period for rescission will be given provided the statement on exercising the right of rescission is dispatched prior to the expiry of the rescission period.
(4) The ACROSS duty to inform
Consumers’ rights of cancellation will extend by 12 (twelve) months unless ACROSS meets its duty to inform pursuant to FAGG § 4 (1) Row 8. Provided ACROSS has met its duty to inform within this period, the period for cancellation will end 14 (fourteen) days from the time consumers receive ACROSS’s notification of the right of rescission.
(5) Exceptions to rights of rescission
No right of rescission pursuant to § 18 (1) FAGG will exist for contracts concluded via:
- newspapers, journals or magazines, with the exception of subscription contracts for provisioning of such publications.
(6) Special provisions for e-papers – loss of rights of rescission
Rights of rescission of contracts for the delivery of digital content not saved on physical data carriers, e.g. e-papers, shall terminate prematurely if consumers have expressly agreed that execution of such contracts will commence prior to expiry of the rescission period and provided the latter are aware that they have waived their right of rescission following such consent.
No right of cancellation therefore exists should ACROSS, with consumers’ express waiver of their right of cancellation in the event of premature execution of the contract and provided the latter are shown a copy or confirmation pursuant to § 5 (2) FAGG or § 7 (3) FAGG, commence with the delivery of digital content not saved on physical data carriers (e.g. e-papers) prior to expiry of the cancellation period pursuant to § 11 FAGG.
Should consumers, in cases where the above exception to rights of cancellation does not apply, cancel a contract for the delivery of digital content not saved on physical data carriers (e.g. e-paper), then said consumers should be under no obligation to pay for goods and services already provided by ACROSS.
(7) Consequences of rescission
The consumer shall, without delay and within fourteen days from informing ACROSS of the rescission of this contract, return or send the goods back to
ACROSS Medien- und Verlags GmbH
Ebendorferstraße 3|10
1010 Vienna
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60 15
E-mail: office@across-magazine.com
The deadline shall be deemed met provided the goods are dispatched prior to the expiry of a fourteen-day respite. ACROSS shall, without delay and within fourteen days from receipt of a consumer’s notification of rescission of a contract, reimburse the latter for all payments received, including the cost of delivery (with the exception of additional costs due to consumers opting for deliveries other than our most cost-effective standard delivery).
Unless expressly agreed otherwise with a consumer, ACROSS will for such reimbursement use the same payment method the consumer used for the original transaction; consumers shall under no circumstances be charged for such reimbursement. ACROSS will be entitled to refuse reimbursement pending return of the goods or submission of proof that the goods have been dispatched back to ACROSS.
(8) Costs of returning the goods
Consumers shall bear the direct cost of return of the goods. Consumers shall not be liable for depreciation of the goods unless such depreciation is attributable to unnecessary actions in the course of checking the condition, properties and functionality of such goods.
Consumers will under no circumstances be liable for the depreciation of goods unless ACROSS has informed them about their rights of cancellation. Consumers may cancel contracts concluded for periods longer than a year or for indefinite periods, which obligate ACROSS to routine deliveries of movable physical goods and consumers to routine monetary payments, with a notice period of two months to end of the year at first and thereafter with biannual notice periods. Notices of cancellation not given in due time shall enter into effect on the deadline for notice of cancellation following the expiry of the missed deadline for notice of cancellation.
12. Data privacy
(1) Security and strict confidentiality when handling personal data are paramount to ACROSS. ACROSS will process personal data in strict compliance with applicable statutory data privacy laws.
(2) Please refer to the ACROSS Data Privacy Statement for further information on data privacy. This information may be perused under https://www.across-magazine.com/data-protection/ and may also be mailed on request. Customers confirm having taken note of our Data Privacy Statement.
13. Final provisions
(1) Austrian law shall apply in exclusion of national and supranational reference standards (CPIL and ROM I-VO [Rome I Regulation]) and the United Nations Convention on Contracts for the International Sales of Goods (CISG).
(2) The place of performance shall be Vienna. For customers deemed consumers in terms of KSchG, the competent court for legal disputes shall be the court for the administrative district of a customer’s domicile, habitual abode or place of activity. The competent court in Vienna shall be agreed upon as place of jurisdiction for all other cases.
(3) Should one or more of the provisions under these General Terms and Conditions be or become ineffective, fully or in part, then the validity of the remaining provisions shall not be thereby affected.
(4) Amendments and supplements to these General Terms and Conditions and any contracts concluded based on these shall be exclusively in writing.
Version: January 2020
Rescission form
(To rescind the contract, please complete and return this form to us.)
To
ACROSS Medien- und Verlags GmbH
1010 Vienna, Austria
Ebendorferstraße 3|10
Phone: +43 1 533 32 60 0
Fax: +43 1 533 32 60-15
E-mail: office@across-magazine.com
I/We (*) hereby rescind the contract for the purchase of the following goods (*) concluded by myself/ourselves (*)
Ordered on(*)/received on(*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for hard copy)
Date:
(*) Delete where not applicable.
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