Note: This English translation is to be understood as a service for contractual parties to understand the General Conditions of Business of our Company. The translation is not legally binding as such, only the original text in the German language is legally binding for the contractual parties and is subject to the Austrian Law.

GCBs

1. General Area of Application
   1. These present ‘Allgemeine Verkaufs-, Liefer- und Zahlungsbedingungen’ (General Terms and Conditions of Sale- Supply and Settlement Payment’ are applicable to the present item of business as well as for all future business with our Company. Divergences therefrom are only valid when confirmed by our Company in writing.
   2. Any contrary conditions of purchase of the customer will not be recognised by our Company. Such conditions of purchase are to be deemed null and void when the customer places an order with our Company, unless our Company determines otherwise in writing.
2. The Placing of an Order and Conclusion of a Contract
   1. All the offerings and tenders of our Company are ‘subject to being unsold’ except for download products. Any order directed to our Company will only become a binding contract when our Company confirms the order in writing, or when the order is completed promptly by return.
   2. In the case of download products, advance payment by the customer concludes the contract of purchase and sale.
   3. The customer legally accepts these present General Terms and Conditions of Sale- Supply and Settlement Payment when placing the order.
   4. Any verbal, telephonic , telegraphic arrangements or those made via other comparable mediums, are only legally valid when confirmed in writing by our Company.
   5. Attention is however expressly drawn to the statutory right of consumers to withdraw from a contract, pursuant to Arts. 5a and 5e of the Austrian Federal ‘KSchG – Kuendigungsschutzgesetz‘ (Legislation governing the termination of consumer contracts).
3. Delivery Time Period and Consignment
   1. The consignment will be made in Austria from computer artwork by subhash, Haydn-Gasse 5, A – 2500 Baden, Austria at the risk of the recipient. Consignment charges will be invoiced to the ordering party unless delivery is free of consignment charges.
   2. Any indications concerning delivery time periods are only approximate and are not to be deemed legally binding. Should delivery be delayed by circumstances for which our Company is not culpable or responsible, in particular because of the failure of suppliers of our Company to keep to delivery time periods, or by Act of God (‘force majeure’), traffic disruptions or operational disruptions, or similar occurrences, then delivery time periods are to be deemed extended by the time of the obstruction.
   3. In all cases, the customer has a right to withdraw from a contract because of delays in delivery, after the expiry of an unsuccessful reminder for an extension of four weeks.
      Indemnities for loss or damage because of delayed delivery due to slight negligence on the part of our Company, are excluded hereunder.
   4. The purchaser may not reject partial deliveries. These are to be considered as single items of business within the meaning of these present terms and conditions.
4. Liability for Deficiencies and Indemnity for Loss or Damage
   1. Complaints for recognisable deficiencies will only will considered when these are asserted within one week. The postmark of the complaint is to be definitive for the foregoing time period. The time period mentioned expires upon receipt by our Company of a complaint.
   2. Unavoidable, usual, commercial or technical slight divergences do not entitle to a complaint assertion.
   3. Our Company reserves the right to comply with its warranty liabilities at its own selection, either by exchange of the goods in whole or in part or by appropriate price reduction.
   4. Deficient goods returned will only be accepted by our Company when our Company approves of the return in writing in advance.
5. Reservation of Ownership Rights
   1. The supply of goods and services by our Company is strictly on the basis of the reservation of its ownership rights. The ownership rights pass only to the purchaser when all his-/her-/its commitments under the current business relationship with our Company are settled.
   2. During the duration of the time period of the reservation by our Company of its ownership rights, the purchaser is under a contractual duty hereby to treated the goods delivered with all due care and to inform our Company of any attachment of the goods by third parties with immediate effect. Should the party ordering be in delay of settlement payment, or his-/her-/its creditworthiness is considerably deteriorated, or when the purchaser uses the goods to a considerably detrimental extent, then our Company is to be entitled hereunder to recover the goods under its reservation of ownership rights, without such action representing a withdrawal from contract.
6. Prices
   1. All prices are in Euros including the statutory amount of value-added tax prevailing for the time being.
7. Payment Settlement and Terms and Conditions of Payment
   1. In cases of arrears of payment settlement, our Company is entitled to charge for issuing reminders and for interest on delays. The latter is to be three percent over the official bank rate prevailing for the time being.
8. Place of Jurisdiction
   1. The sole competent court of law in Baden, Austria is the place of jurisdiction for decisions concerning all disputes between the contractual parties under the current item of business.
   2. The current item of business is subject only to the Austrian Law.
   3. Should any terms and conditions of sale, supply or payment settlement be void or legally ineffective, then the legal effectiveness of the remaining terms and conditions are not to be affected thereby.