General Terms and Conditions
This is a translation of the General Terms and Conditions, which has been written for information purposes only. Only our original declaration, which is available in German at this website, is legally valid.
Disclosure according to §5 ECG:
Gesellschaft mit beschränkter Haftung
Verlag Living Edition
8225 Pöllau b. Hartberg
+43 (0)3335 4850
Managing Director: Dr. Lilli WILMES
Company Register No.: FN 71676g
LG f. ZRS Graz
(hereinafter referred to as “Seller”).
1.1 These General Terms and Conditions (“GTC”) and the rights of rescission and consequences of rescission for consumers governed by Section 6 shall apply to the conclusion of contracts between the Seller and the Customer, unless otherwise expressly agreed. This applies regardless of whether such a contract is concluded online via our website www.livingedition.at or offline with our branches.For legal transactions with entrepreneurs, the provisions in Chapter II shall apply additionally.
1.2 By submitting his contractual declaration (see Section 1.4), the customer accepts these General Terms and Conditions. Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer in order for these to become part of the contract in individual cases. In particular, acts of contract performance on our part shall not be deemed consent to any conditions deviating from our General Terms and Conditions.
1.3 In the event of several contracts being concluded at different times, the version of the General Terms and Conditions of Business valid at the time of the submission of the contractual declaration (see Section 1.4) by the customer and published or posted by us shall become an integral part of the contract. Several contract conclusions with a specific customer shall not constitute a continuing obligation or any other claim for renewed conclusion of a purchase contract without the express written agreement of a framework contract.
1.4 Conclusion of contract
1.4.1 The presentation of our products on our website or in our branch is not an offer in the legal sense. The offer is made exclusively by the customer as described in Section 1.4.3.
1.4.2 The customer’s offer is made in our branches by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and handing over the goods.
1.4.3 On our website, the customer's offer is made by ordering the item. The customer’s offer becomes binding for him by clicking on the button “Confirm Order”. The credit card details provided by the customer are automatically forwarded to the payment service provider and the same credit card is charged accordingly to the order. A separate confirmation of receipt of the customer's order will be sent to the customer upon receipt of the order by us. Such confirmation does not constitute an acceptance of the offer. Our acceptance shall only be effected by a separate, written dispatch of the delivery note and invoice within a reasonable period, whereby the actual delivery of the ordered goods shall be communicated. A reasonable period is understood to be a period of no more than 5 working days. We are entitled to accept orders even partially or to reject them without giving reasons. Payments made by credit card will then be refunded accordingly—in part or in full—without the customer incurring any additional costs. If you as a customer do not receive a message despite having entered a valid e-mail address, please contact us at: firstname.lastname@example.org
2 Website access
2.1 The customer must be at least 18 years old and have full legal capacity. By sending his order, the customer confirms the correctness of his details, in particular his name, age, legal capacity, e-mail address, delivery or billing address and credit card details.
2.2 The customer is responsible for the proper use of our website. We can only check whether his details allow a proper processing of a purchase contract. We are not subject to any further obligation to verify. Any person who provides personal and credit card-related data on our website is deemed to be authorised to place orders for the same person with legal effect. The Seller will have no access whatsoever to the credit card details provided on our website and the same details will be transferred directly and automatically to the payment service provider (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
2.3 We are not liable for the uninterrupted functioning of the website. We are entitled at any time, even without prior notice, to carry out any work on the Website that involves a shutdown/interruption. We are also not obliged to provide a certain server capacity, so that overloads and longer response times must be reckoned with.
3 Prices, delivery and shipping costs
3.1 The prices quoted on the website are retail prices including VAT. Shipment to customers within Austria shall be free of shipping costs for such customers; in the case of business transactions, reference is made to Chapter II. All other additional costs shall be notified to the consumer prior to the submission of his offer, insofar as these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we shall point out in advance the possible occurrence of such additional costs before the customer submits the offer.
3.2 The provisions of the Federal Act on Price Fixing for Books shall apply to book shipments.
4 Terms of payment
4.1 Unless otherwise agreed in writing, our claims must be paid in full and without deduction before the ordered products are delivered. Payment of the purchase price for purchases via our website is possible by means of the payment method: credit card. When purchasing at our branch, the payment method: cash payment is available. The purchase price is due immediately upon ordering the offer. The amount of the purchase price will therefore be debited from the credit card indicated by the customer if payment by credit card is chosen and confirmed by us if the offer is accepted.
5 Delivery, granting of rights of use for e-books
5.1 In the case of an online purchase, delivery (posting by us) takes place within 4–5 working days of receipt of the order and acceptance by actual delivery (Section 1.4.3), provided that the goods are in stock and nothing to the contrary is noted on the website. The choice of the carrier shall be made by us at our best discretion, but without guarantee for the choice of the fastest and cheapest shipment.
5.2 Digital contents such as e-books not stored on a physical data carrier shall be made available to the customer for downloading after 10 days, unless the customer expressly agrees that the retrieval is to take place earlier and acknowledges that his right of revocation and withdrawal may thereby be waived in accordance with the provisions of Section 6.8 of these General Terms and Conditions.
5.3 The delivery period shall be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official intervention, delay in transport and customs clearance, transport damage, rejects of important production parts and labour disputes.
5.4 Delivery shall be made to the delivery address specified by the customer. Possible additional costs, which are caused by the indication of an incorrect delivery address by the customer, are to be carried by this.
5.5 E-books are usually protected by copyright. If you purchase e-books, we do not transfer ownership to you in this respect, but a non-exclusive and non-transferable right of use ("Licence for Use of Works"). This permission to use the work only entitles you as a customer to download the e-book and to store it on a device for your own private use within Austria. Please observe the provisions in Section 6.4.
5.6 Any use of digital e-books beyond the intended use in accordance with Section 5.5 is prohibited. In particular, such digital goods may not be reproduced, distributed, sent by wire or wireless means, made available to third parties against payment or translated, edited or processed, and may not be placed on the market.
6 Rights and consequences of revocation and cancellation for consumers according to FAGG (6.1 to 6.7) or KSchG (6.8)
6.1 If the customer is a consumer within the context of the Consumer Protection Act (KSchG) and if he has concluded the contract based on these GTC either as a telemarketing contract or outside our business premises (and if the remuneration to be paid in the latter case amounts to more than EUR 50), he may withdraw from it until the expiry of the period specified in Section 6.2 without stating reasons. This shall not apply in the exceptional cases regulated in Section 6.8, in particular when purchasing e-books or POD Print On Demand products under the conditions laid down in Section 6.8.11. To withdraw from the contract, the customer must inform us with a clear declaration (e.g. a letter or e-mail sent by post—see Section 1) of his decision to revoke this contract. Withdrawal, however, is not bound to any particular form. However, the consumer must note that the withdrawal must be received by us in order to be effective. The consumer can use the sample revocation form attached here.
Notice of withdrawal / declaration of revocation
To the Company: STARNA Gesellschaft mit beschränkter Haftung, Living Edition Publishers, email: email@example.com
I/we hereby revoke the contract that I/we have entered into for the item(s):
which I/we have ordered on the …………………… / received on the …………………
Reimbursement requested to bank account:
IBAN …………………………………………… BIC ………………………………………
First name(s) and surname(s) of the consumer(s) / customer(s):
6.2 The withdrawal period shall be as follows:
6.2.1 In the case of purchase contracts and other contracts aimed at the purchase of goods against payment, the withdrawal period shall be 14 days from the day on which the consumer, the customer or a third party named by him/her, other than the carrier, acquires possession of the goods or the last partial consignment or the last delivered goods (§ 11 para. 2 subparas 2 lit a) to c) FAGG).
6.2.2 In the case of contracts for the regular delivery of goods over a fixed period, the period shall be 14 days from the day on which the consumer or a third party other than the carrier named by him acquires possession of the goods first delivered;
6.2.3 For contracts for the delivery of digital content not stored on a physical data carrier (such as e-books)—unless the exception to the right of withdrawal under Section 6.8.11 applies—the period is 14 days from the date of conclusion of the contract.
6.2.4 The withdrawal period according to Sections 6.2.1 to 6.2.3 is observed if the declaration of withdrawal is sent within the period. It should be noted that we must receive the cancellation within the same period in order to be effective (the risk in the case of a postal or electronic transmission (e-mail) lies with the consumer cancelling the contract).
6.3 If we have not complied with our duty to provide information pursuant to § 4 Abs 1 Z 8 FAGG, the withdrawal period under Section 8.2 shall be extended by twelve months. If we fulfil our information obligations within this period, the withdrawal period shall end 14 days after the date on which the consumer receives this information.
6.4 If the consumer cancels the contract, we shall reimburse him for all payments we have received from him, including delivery costs (with the exception of additional costs arising from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days of the day on which we received notification of the cancellation of this contract. For this refund we use the same means of payment that the consumer used in the original transaction, unless expressly agreed otherwise with the consumer. In no case will the consumer be charged for this repayment. In the case of purchase contracts or other contracts aimed at the purchase of goods against payment, we may refuse repayment until we have either received the goods back or the consumer has provided proof of the return of the goods, unless we have offered to collect the goods ourselves.
6.5 The consumer must return or hand over the goods to us immediately and in any case within 14 days of the day on which he informs us of the revocation of this contract at the latest. This period shall be deemed to have been observed if the consumer sends the goods before expiry of the 14-day period. The consumer bears the direct costs of the return, provided that we have informed him in advance of the obligation to bear the costs for the return. The consumer only has to pay for any loss in value of the goods if this loss in value is attributable to handling by the consumer which is not necessary for checking the condition, properties and functionality of the goods. However, the consumer shall in no case be liable for the loss in value of the goods if he has not been informed by us of his right of withdrawal.
6.6 If the consumer withdraws from a contract for the delivery of digital content not stored on a physical data carrier (such as e-books)—unless the exception to the right of withdrawal under Section 6.8.5 is applied—the consumer for services already provided by the entrepreneur no payment obligation.
6.7 If the consumer, in the case of a contract for services, has demanded that these should begin during the revocation period, he must pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the time at which the consumer informs us of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided in the contract.
6.8 Pursuant to § 18 (1) FAGG, the consumer has no right of rescission when concluding contracts regarding:
6.8.1 Services, if we—on the basis of an explicit request of the consumer according to § 10 FAGG as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal in the case of complete contract fulfilment—have started with the execution of the service before the expiry of the withdrawal period according to § 11 FAGG and the service has then been completely rendered,
6.8.2 Goods made to customer specifications or clearly tailored to personal requirements,
6.8.3 Sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,
6.8.4 Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
6.8.5 the delivery of digital content not stored on a physical data carrier, such as e-books, if the company—with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of early commencement of contract performance, and after provision of a copy or confirmation under § 5 para 2 FAGG or § 7 para 3 FAGG—has already begun the delivery before the expiry of the withdrawal period under § 11 FAGG.
6.9.1 If the agreed fee is less than EUR 50, the customer shall have the right of withdrawal pursuant to § 3 KSchG as follows: If the consumer has neither made his contractual declaration in the rooms permanently used by the entrepreneur for his business purposes nor at a stand used by him for this purpose at a trade fair or market, he may withdraw from his contractual application or from the contract. This withdrawal may be declared until the conclusion of the contract or within 14 days thereafter. The period begins with the delivery to the consumer of a document containing at least the name and address of the trader, the information necessary to identify the contract, the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but at the earliest with the conclusion of the contract or, in the case of contracts for the sale of goods, with the date on which the consumer acquires possession of the goods. If no such document has been delivered, the consumer has the right to withdraw from the contract for a period of twelve months and 14 days from the conclusion of the contract or delivery of the goods; if the trader makes up for the delivery of the document within twelve months from the beginning of the period, the extended withdrawal period ends 14 days after the date on which the consumer receives the document.
6.9.2 In this case, the provisions of Sections 6.4 and 6.5 above shall apply to the exercise of the right of withdrawal. The model of the declaration of withdrawal of Section 6.1 may be used.
6.9.3 The consumer is not entitled to the right of withdrawal if he himself has initiated the business relationship with the entrepreneur or his representative for the purpose of concluding this contract, if no discussions between the parties involved or their representatives preceded the conclusion of the contract, or in the case of contracts in which the mutual services are to be rendered immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed remuneration is 25 euros, or if the enterprise by its nature is not operated in permanent business premises and the remuneration does not exceed 50 euros, in the case of contracts which are subject to the Remote and Foreign Trade Act (in this case the right of withdrawal exists in accordance with Section 6.1 to 6.8 above) or in the case of contractual declarations made by the consumer in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.
7 Retention of title
7.1 The goods delivered by us shall remain our property until all our claims arising from the respective delivery have been paid in full.
7.2 The customer is obliged to treat the goods with care during the existence of the retention of title. He must inform us immediately of all access to the goods by third parties, in particular of enforcement measures, as well as of damage to or destruction of the goods. In the event of fault, the customer shall reimburse us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.
8.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. No case of warranty exists in the case of damage caused by improper use or handling of the product. The same applies to normal wear and tear.
8.2 The product illustrations on the website and/or in our folders may deviate from the appearance of the delivered products due to the resolution and size with regard to colour and size. The delivered goods shall be deemed to be in accordance with the contract if the delivered items comply with the other product specifications.
8.3 If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), he must check the delivered goods after receipt for completeness, correctness and other defects, in particular the integrity of the packaging, and inform us of any defects by e-mail to firstname.lastname@example.org and briefly describe them. This only serves the purpose of faster and more effective processing of any notices of defects. A violation of this obligation shall not lead to any limitation of the consumer's statutory warranty rights.
8.4 If the customer demands that the goods be returned to us and if the goods are actually defective, we shall bear the corresponding costs. Otherwise any costs of the shipment shall be borne by the consumer. Defective goods may therefore only be returned at our express request.
9.1 We shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, limb or health of humans and to claims under the Product Liability Act.
10 Data protection, change of address
10.1 The personal data provided to us by the customer within the framework of the business relationship, such as name, address, e-mail, telephone number and delivery address, shall be stored and processed by us. We use the data within the scope of the legal authorization in order to execute the order. By activating the box for data protection consent, the customer expressly agrees that the personal data (such as name, address, e-mail, telephone number and delivery address) provided by him in the course of the conclusion of the contract will also be stored and processed for his own marketing purposes and thus in particular for sending for advertising purposes by SMS and e-mail in accordance with § 107 TKG. Personal data will not be passed on to third parties beyond this. Both consents can be revoked - even separately - at any time (e.g. by e-mail to email@example.com). Within the framework of the statutory provisions of §10 DSG 2000, our company makes use of the possibility of a service provider who has undertaken to comply with its obligations in accordance with §11 DSG. Neither our company nor our partners (service providers) transmit or transfer data to recipients who are based outside the European Economic Area. We are obliged to comply with data security measures (§14 DSG) and data secrecy (§15 DSG).
10.2 The customer is obliged to inform us immediately of any changes to his residential or business address as well as contact details during the ongoing business relationship. If he omits the notification, then declarations are also deemed to have been received if they are sent to the address last announced by him.
11 Place of Jurisdiction, Applicable Law, Miscellaneous
11.1 The place of jurisdiction for all disputes arising from this contract shall be the competent local and material court for postcode: 8225 Pöllau b. Hartberg / Pöllauberg. Our authority to also appeal to another court responsible for the customer in this case remains unaffected by this.
11.2 If our customer is a consumer and has his domicile or habitual residence in Austria at the time of the conclusion of the contract or if he is employed in Austria, then only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located may be established for an action against him. If the customer is a consumer and at the time of the conclusion of the contract resides or usually resides in another EU member state and we exercise a professional or commercial activity in the EU member state in whose territory the consumer is domiciled, or direct such an activity in any way to this member state or to several states, including this member state, and if the contract falls within the scope of this activity, then the consumer can also bring an action before the court of the place in which the consumer is domiciled; the action against the consumer may be brought only in the courts of the Member State in which the consumer is domiciled.
11.3 The substantive law of the Republic of Austria shall apply exclusively to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the country in which he has his habitual residence are not superseded.
11.4 Consumers have the opportunity to submit complaints to the EU Online Dispute Resolution Platform: https://ec.europa.eu/odr. You can also submit your complaint directly to us at the following e-mail address: firstname.lastname@example.org
11.5 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall exclusively be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in the case of contracts with entrepreneurs.
Abschnitt II: Entrepreneur Business
If a contract is concluded with an entrepreneur in accordance with 1.1, the following deviating provisions shall also apply:
If the customer is an entrepreneur, he must inspect the delivered goods after receipt for completeness, correctness and other freedom from defects, in particular intactness of the packaging. In the event of defects, the customer must notify us of these within a reasonable period of time, but no later than four working days after receipt of the goods, by sending an e-mail to email@example.com. Defects which are recognizable later must also be reported immediately, at the latest within four working days after their recognizability. If the entrepreneur has not detected any defects within the complaint period, the delivery shall be deemed approved and all claims such as warranty, avoidance of error or damages due to a later claimed deviation or defect (§ 377 UGB) shall be void. This also applies to any wrong deliveries or deviations in the delivery quantity.
If the customer is an entrepreneur, we shall have the exclusive right to choose the remedy for remedying a defect notified in good time. We shall also be free to convert the agreement immediately.
If the customer is an entrepreneur, he shall bear the costs of returning the goods for improvement or replacement.
9.2 Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year of the transfer of risk. The provisions on damages contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
9.3 If the customer is an entrepreneur, any recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the error was caused in our sphere and was at least caused by gross negligence.
II/3 Prohibitions of retention and compensationJustified complaints do not entitle customers who are entrepreneurs to withhold the invoice amount. The offsetting of alleged counterclaims against the remuneration claim is not permissible unless we expressly agree to this.
II/4 Choice of law; place of execution and place of jurisdiction
Austrian law shall apply with the exclusion of reference standards and the UN Convention on Contracts for the International Sale of Goods. Place of performance is postal code: 8225 Pöllau b. Hartberg / Pöllauberg. For disputes arising from or concerning legal transactions subject to these GTC, the exclusive jurisdiction of the commercial court LG f. ZRS Graz is agreed. This according to the amount in dispute.