Terms and Conditions for Blaupauser Drawings Office e.U.
Eisweg 7/5, 8075 Hart near Graz, Austria
+43 660 5775568
- The following “General Terms and Conditions” apply to services provided by Blaupauser Projektentwicklung GmbH. be offered publicly. Deviating agreements must be in writing. Our offers are non-binding. As a rule, cost estimates are subject to a fee, unless something else was previously agreed in writing (letter, fax or e-mail) or the cost-freeness was expressly guaranteed in writing. General terms and conditions of third parties and/or non-Austrian contractual partners are not part of the contract. General terms and conditions of business customers do not apply, even if we do not expressly object to them.
- Should individual provisions of these General Terms and Conditions contradict mandatory statutory provisions (in particular the provisions of the Consumer Protection Act), the remaining provisions of these General Terms and Conditions shall nevertheless remain valid.
- Offers and dates are non-binding. Verbally placed orders are processed by Blaupauser Projektentwicklung GmbH. confirmed in writing. Oral ancillary agreements are only valid if they are made by Blaupauser Projektentwicklung GmbH. have been confirmed in writing (letter, fax or e-mail). Blaupauser Projektentwicklung GmbH. provides various services, which can be regulated individually in the contract and recorded in writing. Only written agreements apply.
- Events of force majeure entitle Blaupauser Projektentwicklung GmbH to postpone the provision of services for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled; force majeure includes strikes, lockouts, mobilization, war, blockades, lack of energy, fire, traffic closures, disruptions to operations or the transport system or others from Blaupauser Projektentwicklung GmbH. unacceptable circumstances.
- We reserve the right to make changes that prove to be technically necessary or appear advisable in terms of better performance and are reasonable taking into account the interests of the client. With the acceptance of the order and its confirmation, a contract for the use and exploitation of our services is concluded.
- The client agrees to Blaupauser Projektentwicklung GmbH. to make all information available immediately if this proves to be necessary for the fulfillment of the order.
- When calculating hourly rates, fractional hours are rounded up to ½ hour (30 minutes).
- Should it become necessary to use services from third-party providers and suppliers as part of order processing, Blaupauser Projektentwicklung GmbH will take over. only the mediation of this service. Agreements and deals with the third-party provider(s) are made by mutual agreement between the contracting parties, which is mandatory.
3 Contract language
- The content of the contract, all other information, contractual partner service and complaint handling are all offered in German.
4 Contract term
- In the case of projects, the contract term is the subject of a detailed agreement. Project-related contracts are usually not automatically extended and end on the agreed deadline. In the case of long-term contracts (e.g. domain maintenance with regular updates, etc.), notice periods are agreed separately but are mandatory. If one of the contractual partners does not terminate the contract before the end of the regular term, the contract term is tacitly extended by the respective initial contract term.
- At the end of the contract, the contractual partner undertakes to immediately delete all documents created by us and copies thereof from all data carriers, including non-electronic ones, in accordance with the data protection regulations in force at the time, unless further use had been expressly agreed. Existing Internet publications are to be removed from all used and populated servers.
- Codes and software developed by us in any form and any other media products remain our property and may only be used by the contractual partner if the contract expressly provides or provided for this. Should be from Blaupauser Projektentwicklung GmbH. Internet publications created can still be accessed on the Internet no later than 14 days after the end of the contract, this may be deemed to be a new contract between the contractual partner and Blaupauser Projektentwicklung GmbH, unless otherwise agreed.
5 Right of Withdrawal and Termination
- Participants who are consumers within the meaning of the Consumer Protection Act can withdraw within 14 working days from the order date without giving reasons, but only before the start of the service. The date of the postmark is sufficient to meet the deadline.
- There is no right of withdrawal for services that already take place within this withdrawal period.
- Cancellation is possible up to 30 days before the end of the contract. Cancellations can only be accepted in writing (fax, letter). The date of the postmark is sufficient to meet the deadline.
- In principle, the price that is agreed is that which can be found in the current brochures, catalogues, price lists, website and similar publications of Blaupauser Projektentwicklung GmbH results.
- Price increases during the agreed term are hereby excluded.
- Price reductions will be passed on to the contractual partner without separate announcement or request.
- There is no legal entitlement to free services offered by us voluntarily that go beyond the contractual provisions. Free services can be discontinued by us at any time and without prior notice. Their longer-term voluntary provision does not constitute any claims under customary law.
- If the contractual partner makes use of other assistance and support services that are not included in the respective contract, these will be charged according to the applicable price or according to a separate agreement.
- Unless otherwise stated, all prices are gross prices including statutory sales tax.
7 Terms of payment
- The contractual partner undertakes to pay the invoices from Blaupauser Projektentwicklung GmbH. within 14 days of receipt of the invoice without further deductions to an account of Blaupauser Projektentwicklung GmbH to remit.
- In the event of a delay in payment, interest on arrears will be charged at a rate of 10% p.a. The participant is obliged to inform Blaupauser Projektentwicklung GmbH. to reimburse all reminder and collection fees incurred as a result of his default in payment for appropriate legal prosecution. Blaupauser Projektentwicklung GmbH reserves the right to assert higher default damages.
- Unless otherwise agreed, one third of the cost estimate is due after the presentation of the first prototype, the draft presentation and after acceptance, regardless of whether the service provided as part of the order is used for the original purpose or not.
- The employees of Blaupauser Projektentwicklung GmbH. are subject to the confidentiality obligations of the Data Protection Act.
- The contractual partner acknowledges that the use of the data on the participant specified in the contract will be stored and processed for the purposes of our accounting and participant records. The data is used to comply with legal regulations and to process payment transactions.
- Contractual partner data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract. Contract partner of Blaupauser Projektentwicklung GmbH. have been instructed about these data protection regulations and are obliged accordingly.
- The contractual partner undertakes to handle the data of Blaupauser Projektentwicklung GmbH with the same care..
- The contractual partner provides Blaupauser Projektentwicklung GmbH. from all claims of third parties with regard to the data provided. Blaupauser Projektentwicklung GmbH. is not responsible for backing up files stored by third parties. Insofar as data is transmitted to third parties, Blaupauser Projektentwicklung GmbH. provide the contractual partner with backup copies of the transmitted data on request.
- The contractual partner is aware that, due to the technical conditions of the Internet, it cannot be ruled out that transmitted and exchanged data may become known to third parties against the will of the contractual partners. This risk is accepted by the contracting parties.
- The contractual partner agrees to the services and products of Blaupauser Projektentwicklung GmbH. to be informed by email. This consent can be revoked at any time.
9 Content, mass mailings, mailing campaigns
- It exists for Blaupauser Projektentwicklung GmbH. no obligation to check the content of the contractual partner, regardless of the medium, in particular for its legality, correctness and truthfulness. The contractual partner is responsible for the content of the pages in every respect. The contractual partner provides Blaupauser Projektentwicklung GmbH. from any liability for the content of transmitted pages from third-party providers.
- The contractual partner assures that its content does not infringe any patent, trademark or other rights of third parties. He also assures that he will not use his content to store or distribute inflammatory, obscene, pornographic or defamatory material.
- If the content of the contractual partner violates applicable law, obviously infringes the rights of third parties or causes public offense, Blaupauser Projektentwicklung GmbH. entitled to terminate the contract immediately. The contract partner will be billed in full for any costs incurred. Affected third parties will be informed by Blaupauser Projektentwicklung GmbH..
- Accordingly, the contractual partner is also solely responsible for the corresponding content of PR and mailing campaigns (regardless of the medium and by what means), Blaupauser Projektentwicklung GmbH. if necessary, on his behalf and in his name. Blaupauser Projektentwicklung GmbH. attaches a note of origin and author to sent e-mails and postal items etc., from which the client emerges. The contractual partner undertakes not to initiate any advertising circulars or so-called mass mailings (mailing campaigns) via electronic mail without having been prompted to do so by the recipients (ban on spamming).
10 Liability, Compensation
- Blaupauser Projektentwicklung GmbH. does not guarantee that third-party services will be permanently available. Likewise, Blaupauser Projektentwicklung GmbH. assume no liability for disruptions within the internet. Furthermore, we accept no liability whatsoever for damage or consequential damage caused directly or indirectly by the work commissioned. This applies in particular to the content of Internet publications and e-mails on behalf of the contractual partner, as well as the functionality of software and the like that was obtained by us or our agents via download or otherwise on behalf of our contractual partner.
- Regardless of the legal basis, liability and claims for damages are limited to the amount of the order value.
- The contractual partner is aware that its internet publications can only be accessed with special software (web viewer, so-called browser). Pages we build for the web are typically tested with the latest versions of Google Chrome or the company’s successor product. Functionality in other browsers cannot always be guaranteed unless contractually agreed.
- Claims for damages arising from delay, breach of contractual and legal ancillary and protective obligations, impossibility of performance, culpa in contrahendo and non-contractual liability are excluded, provided the damage was not caused by grossly negligent or even intentional action on our part. In particular, (deadline) commitments for project orders are non-binding, since it is in the nature of complex work processes that unforeseen delays can occur. Blaupauser Projektentwicklung GmbH. however, undertakes to carry out orders to the best of our knowledge and ability.
- In principle, all rights remain with Blaupauser Projektentwicklung GmbH..
- All copyrights to graphics, texts, programs and concepts designed and created as part of an offer and/or order remain with Blaupauser Projektentwicklung GmbH. By Blaupauser Projektentwicklung GmbH. Graphics, texts, programs and concepts designed and created may neither be changed nor passed on and may only be used in the original sense and context. Graphics, texts, programs and concepts must be modified with Blaupauser Projektentwicklung GmbH. agreed and allowed.
- If a work has been made available, offset and paid for in full within the meaning of UrHG, the client may use this work. Any further rights of use of the contractual partner must also be agreed in writing. In the case of programs, this includes operation, duplication for backup and adaptation to one’s own needs. Furthermore, the own use of graphics, texts and concepts.
12 Retention of title
- The contractual product remains the property of Blaupauser Projektentwicklung GmbH. until the fulfillment of all, including future, claims arising from this contract and beyond from the entire business relationship with the contractual partner.
- The contractual partner is revocably entitled to pass on the goods subject to retention of title in the ordinary course of business, insofar as he sells them on under his own retention of title, but not to pledge or transfer them as security in any form. If third parties access the reserved goods, the contractual partner has ownership of Blaupauser Projektentwicklung GmbH. point out and Blaupauser Projektentwicklung GmbH. to be informed immediately.
- The contractual partner owns the property of Blaupauser Projektentwicklung GmbH. to be clearly marked. If the contractual partner violates the agreements on the retention of title, the contractual partner is obliged to pay a contractual penalty of twice the net value of the reserved goods without offsetting any damage that has actually occurred (in particular costs of excising in execution proceedings).
- If the goods subject to retention of title are combined, processed or mixed with Blaupauser Projektentwicklung GmbH. Blaupauser Projektentwicklung GmbH acquires goods that do not belong to them. Co-ownership proportionate to the invoice value of the reserved goods to the remaining goods.
- In the event of default of payment, also from other and future deliveries or services from Blaupauser Projektentwicklung GmbH. to contractual partners, or in the event of financial collapse of the contractual partner, Blaupauser Projektentwicklung GmbH. enter the business premises of the contractual partner to assert the retention of title to the reserved goods and take the reserved goods.
- The assertion of the retention of title or the seizure of the delivery item by Blaupauser Projektentwicklung GmbH. does not count as withdrawal from the contract if the contractual partner is an entrepreneur.
- The contractual partner assigns its claims from the transfer of the reserved goods in the respective invoice value of the reserved goods to Blaupauser Projektentwicklung GmbH in advance at the time of the order. away. The contractual partner remains entitled to collect even after the assignment. Blaupauser Projektentwicklung GmbH. is nevertheless entitled to collect within the framework of the proper course of business, but will only make use of this right in the event of default in payment or if the contractual partner files an application for the opening of bankruptcy or composition proceedings. At the request of Blaupauser Projektentwicklung GmbH. the contractual partner will name the assigned claims, provide the necessary information, hand over documents and inform the debtors of the assignment. Blaupauser Projektentwicklung GmbH. may disclose this assignment at any time to secure its payment claims.
- The selection of the securities to be released is the responsibility of Blaupauser Projektentwicklung GmbH. The gross list price of the company Blaupauser Projektentwicklung GmbH applicable at the time of the request for release is used to assess the securities for the reserved goods. decisive, in the case of assigned claims the gross invoice amount minus a security deduction of 30% is to be assumed. In the case of claims for which the buyer of the contractual partner is already in default of payment or facts are known that give legitimate reason to assume that a default is to be feared, the deduction is 50%. In the case of collateral existing only in the form of co-ownership due to connection, mixing or processing, von Blaupauser Projektentwicklung GmbH is entitled to the net list price. delivered goods minus a discount of 30%.
- Objects delivered for test and demonstration purposes remain the property of Blaupauser Projektentwicklung GmbH. They may only be used by the contractual partner on the basis of a separate agreement with Blaupauser Projektentwicklung GmbH. be used beyond the purpose of testing and demonstration.
13 Deliveries of hardware
- The offers from Blaupauser Projektentwicklung GmbH. are subject to change and non-binding and are subject to delivery by our suppliers. The choice of supplier is left to us alone, which is why in the event of non-delivery from our chosen supplier, the contractual partner cannot be required to purchase the goods from another source. A contract is only concluded with the written order confirmation from Blaupauser Projektentwicklung GmbH, but at the latest when the contractual partner accepts the delivery.
- Blaupauser Projektentwicklung GmbH. is entitled to withdraw from contracts if facts occur that show that the contractual partner is not creditworthy.
- We reserve the right to make technical and design deviations from information in brochures, catalogs and written documents that are reasonable for the contractual partner, as well as model, construction and material changes in the course of technical progress and further development, without any rights against Blaupauser Projektentwicklung GmbH arising from this. can be derived.
- Blaupauser Projektentwicklung GmbH retains the right to make partial deliveries and to invoice them. expressly reserved.
- Agreed delivery dates are deemed to have been met if the contractual product has been handed over to the carrier on the agreed delivery date, unless otherwise expressly agreed in writing. If the dispatch of goods ready for dispatch is delayed for reasons not attributable to Blaupauser Projektentwicklung GmbH. are responsible, the contractual products can be stored at the expense and risk of the contractual partner.
- The delivery date will depend on Blaupauser Projektentwicklung GmbH’s expected capabilities. agreed and is understood to be non-binding and subject to timely self-delivery and unforeseen circumstances and obstacles, regardless of whether they are at Blaupauser Projektentwicklung GmbH. or occur at the manufacturer, in particular force majeure, government measures, non-issue of official permits, labor disputes of any kind, sabotage, shortage of raw materials, late delivery of materials through no fault of their own, etc. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. Any grace period set by the contractual partner in this case will also be extended by the duration of the unforeseen event. Should Blaupauser Projektentwicklung GmbH. If a delivery is more than six weeks late, the contractual partner can withdraw from the contract after a reasonable grace period set in writing to the exclusion of further claims. A claim by the contractual partner for damages due to a delay in delivery is excluded; Otherwise, liability is limited to the amount of the foreseeable damage, but no more than 5% of the delivery value. Blaupauser Projektentwicklung GmbH reserves the right to withdraw from the contract if the delay in delivery caused by one of the above events lasts longer than six weeks , and this is not the fault of Blaupauser Projektentwicklung GmbH.
- If ordered goods are not picked up or taken over by the customer within 21 days of placing the order, this is deemed to be a withdrawal from the contract by the customer.
- If the client withdraws from the contract for reasons that are not attributable to Blaupauser Projektentwicklung GmbH. are responsible for, a further no-fault cancellation fee of 20% of the net order value is deemed to have been agreed. We expressly reserve the right to assert higher damages.
14 Jurisdiction and Applicable Law
- Austrian substantive law shall apply to this contract, excluding the UN Sales Convention. If the contractual partner is a consumer, the mandatory provisions of the law of the state in which he has his habitual residence shall also apply to this contract.
- The place of jurisdiction for disputes is Graz (Austria/ Styria).