Terms of service

General Terms and Conditions of Volgger e.U.

Volgger e.U. will be called "VOLGGER" in short in the following.

Company / media owner: Volgger e.U.

Owner: Regina Maria Volgger

Line of business: Design, production, distribution and sale of clothing articles

Headquarters: Vienna

Business address: 1120 Vienna, Belghofergasse 33/5

Commercial register court: Commercial Court Vienna

Commercial register number: FN436208h

Chamber affiliation: Vienna Chamber of Commerce, Trade and Crafts Division

Trade law: Trade regulations (available at www.ris.bka.gv.at/Bund/)

Supervisory Authority: Municipal district office for the 12th district of Vienna

Contact:

Phone: +43 680 111 62 61

Email: office@volgger-studio.com

Website: www.volgger-studio.com

2.1 All contracts concluded by VOLGGER with producers, suppliers and other contractual partners (hereinafter referred to as the "contractual partner(s)") are exclusively based on these General Terms and Conditions of VOLGGER (hereinafter referred to as the "GTC").

2.2 Differing or supplementary terms and conditions of VOLGGER's contractual partner shall only apply on the basis of an explicit, signed agreement (i.e. signed by the contracting parties in the company's name), in which the validity of these GTC is excluded, insofar as they contradict the general or supplementary terms and conditions of the contractual partner. A conclusive acceptance of deviating GTC of the contractual partner is excluded and in particular does not occur even if VOLGGER provides deliveries or services to the contractual partner without reservation.

2.3 In case of contradictions between these GTC and the individual contract concluded between VOLGGER and the contractual partner, the provisions of the individual contract shall prevail - insofar as contradictions exist.

2.4 VOLGGER has the right to change these GTC at any time. In case of an amendment of the GTC VOLGGER will inform the contractual partner about the amendment of the GTC. In this case the contractual partner has the right to object to the change of the GTC, provided that the change of the GTC does not exclusively concern the form of the GTC or the data of VOLGGER according to point 1. of these GTC. If the contractual partner does not object to the change of the GTC within 14 days of being informed about the change of the GTC, the changed GTC shall come into force. If the contractual partner objects to an amendment of the GTC, VOLGGER is entitled to terminate the contractual relationship with the contractual partner with immediate effect.

3.1 Offers by VOLGGER are subject to change.

3.2 The remuneration offered or invoiced by VOLGGER are net amounts excluding taxes, duties and cash expenses, unless such are explicitly stated in offers or invoices.

3.3 Remuneration shown in invoices from VOLGGER, including taxes, duties and cash expenses, is due for payment without deduction upon receipt of the invoice. Payments by the contractual partner are to be made free of charges and deductions to a business account to be announced separately by VOLGGER.

3.4 Incoming payments by the contractual partner shall be dedicated to cover the oldest debt, with interest being credited first, then expenses and finally the principal.

3.5 Insofar as VOLGGER grants discounts or rebates, these are granted under the condition that the contractual partner pays the remuneration in due time.

4.1 All items delivered by VOLGGER remain the property of VOLGGER until full payment of the purchase price (including any taxes and duties as well as interest and costs).

5.1 VOLGGER is exclusively entitled to all rights to works which the contractual partner produces for VOLGGER, in particular not to personal copyrights. The contractual partner does not acquire any rights of use or other rights to such works.

5.2 The contractual partner undertakes not to inadmissibly interfere with rights, in particular intellectual property rights, of VOLGGER or third parties when providing services to VOLGGER. The contractual partner shall indemnify and hold VOLGGER completely harmless against attacks by third parties due to possible infringements of rights, in particular of intellectual property rights, of third parties upon first request by VOLGGER.

6 Warranty

6.1 Warranty obligation of VOLGGER

a. VOLGGER exclusively warrants that (i) delivered goods are in the unrestricted ownership or power of disposal of VOLGGER and (ii) rendered services comply with the applicable legal and contractual provisions. VOLGGER shall not be liable for any properties going beyond this.

b. If VOLGGER is obligated to perform for the contractual partner, the contractual partner agrees to reasonable deviations from any agreed delivery dates or delivery periods, unless a fixed transaction has been expressly agreed in writing.

c. Any defects in goods delivered or services rendered by VOLGGER must be reported immediately in writing, otherwise the warranty claim of the contractual partner expires. If there is a hidden defect in goods delivered or services rendered by VOLGGER, this must be reported in writing without delay from the time of recognition or recognizability with due diligence, otherwise the warranty claim of the contractual partner shall expire.

d. Liability of VOLGGER for slight negligence is excluded, with the exception of personal injury.

a. The warranty obligation of the contractual partner - subject to the provision according to lit b. below - is based on the applicable legal regulations and any individual contractual agreement.

b. The warranty period shall in any case be 36 (thirty-six) months from the date of performance by the contractual partner. § Section 377 UGB and Section 928 ABGB are excluded by mutual agreement.

c. The contractual partner is obligated to take out a liability insurance policy with a reputable insurance company with its registered office within the European Union and to maintain it for the duration of the contractual relationship with VOLGGER. This liability insurance is to cover the risks of personal injury, property damage and financial loss in connection with the execution of the contract in an appropriate amount.

7.1 In the event of default in payment, the contracting party undertakes to pay default interest in accordance with § 456 sentence 1 and sentence 2 of the Austrian Commercial Code (UGB), but at least 4% (four percent) per year.

7.2 Furthermore, the contracting party undertakes to reimburse the costs of appropriate enforcement and collection measures (such as, in particular, the costs of engaging a collection agency, legal representation and/or representation by a creditor protection association). Any further claims for damages by VOLGGER remain unaffected by this.

8.1 The contractual partner waives the right to set off his own claims against claims of VOLGGER, irrespective of the legal basis on which they are based.

9.1 VOLGGER is entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties and an important reason exists. An important reason is in particular (i) a breach of contractual obligations, which includes in particular a delay in payment or acceptance by the contractual partner despite a written reminder setting a grace period of at least 14 (fourteen) days, as well as (ii) a significant change in the economic circumstances of the contractual partner which seriously endangers a complete satisfaction of the claims of VOLGGER, whether these are already due or will only become due.

9.2 In the event of a delay in payment by the contractual partner, VOLGGER is released from all further performance and delivery obligations until all payment obligations (including any taxes and duties as well as interest and costs) have been completely fulfilled by the contractual partner.

10.1 Neither of the contracting parties shall be obliged to fulfill the contractual obligations in the event of force majeure (e.g. fire, flood, war, industrial action, technical problems not culpably caused by a contracting party such as power failures).

10.2 A claim of a contracting party for compensation of damages incurred by it due to the fact that the other contracting party is unable to provide contractual services or is unable to do so properly due to force majeure shall be excluded insofar as there is no insurance coverage of a liability insurance for such damages.

11.1 Amendments, supplements and/or ancillary agreements to these GTC or the individual contract existing between the contracting parties must be made in writing, which also includes fax and e-mail, unless the law, the contract or these GTC stipulate stricter formal requirements. This shall also apply to a complete or partial amendment or cancellation of this written form requirement. Verbal collateral agreements do not exist. All declarations of the contracting parties relating to the contractual relationship shall be made in German or English, otherwise the recipient of the declaration may request a resubmission of the relevant declaration in - at its own choice - German or English.

11.2 The contracting parties shall notify each other without delay of any change in their business address or other contact details.

11.3 Declarations and notifications by VOLGGER to the contractual partner shall be deemed to have been received by the contractual partner in any case on the third working day after dispatch by registered letter to the last business address of the contractual partner.

11.4 The contractual partner declares that all persons working for him - on whatever legal basis - are authorized to act as representatives towards VOLGGER, unless he excludes individual persons from this power of representation by written declaration towards VOLGGER.

12.1 The contractual partner is obligated to provide VOLGGER without request and without delay with correct and complete information which is necessary or expedient for VOLGGER to execute the contract.

12.2 VOLGGER is entitled to verify the identity and solvency of the contractual partner and can demand the submission of suitable documents for this purpose (e.g. passport or identity card of natural persons or an excerpt from the commercial register or a comparable register in the case of legal entities as well as balance sheets of the contractual partner). The contractual partner further agrees to VOLGGER obtaining information from creditor protection associations (e.g. the credit protection association), insofar as this information is necessary or expedient for VOLGGER to assess the solvency of the contractual partner.

12.3 In the event of a delay in payment, the contractual partner releases his bank(s) holding the business account(s) of the contractual partner from the obligation of secrecy towards VOLGGER and gives his express consent in advance that this bank(s) discloses to VOLGGER information necessary for the assessment of the solvency of the contractual partner.

12.4 VOLGGER is entitled to convince itself of the compliance with the contractual obligations of the contractual partner in an appropriate manner. In particular, VOLGGER is entitled, after prior notice, to inspect the business premises and production sites of the contractual partner and to prepare corresponding documentation about the execution of the contract by the contractual partner (e.g. by written protocols, photographs or film recordings).

13.1 The contractual partner agrees to the use by VOLGGER of the personal data disclosed in the context of the contractual relationship with VOLGGER, insofar as this use of data is necessary or expedient for the fulfillment of the contractual or legal obligations of VOLGGER. In doing so VOLGGER will ensure the protection of personal data of the contractor and will not disclose personal data of the contractual partner to third parties without the consent of the contractual partner, unless this is provided for by law or is necessary for the purpose of executing the contract.

13.2 The contractual partner consents to the use of his personal data for advertising and marketing purposes by VOLGGER and to the receipt of statements from VOLGGER for advertising and marketing purposes. This consent can be revoked at any time.

13.3 The contractual partner is obligated to keep secret all information accessible to him in connection with the contractual relationship with VOLGGER which represent business or trade secrets of VOLGGER or which are designated as confidential by VOLGGER and not to pass them on to third parties or to utilize them in any other way which is contrary to the legitimate interests of VOLGGER. This obligation to maintain secrecy shall not apply if the disclosure or utilization of information is mandatory by law or required for the execution of the contract, provided that secrecy of the information is ensured to the greatest possible extent by those third parties to whom confidential information is disclosed.

13.4 The contractual partner is obligated to refrain from enticing away and employing employees of VOLGGER, on whatever legal basis, for the duration of the contract and for a period of three years after termination of the contractual relationship with VOLGGER.

14.1 In case of a violation of the provisions according to section 5.2, section 12.4, section 13.3 and section 13.4 of these GTC, the contractual partner undertakes to pay VOLGGER within 14 days from VOLGGER's knowledge of the violation of the contract a contractual penalty not subject to judicial moderation in the amount of EUR 10,000.00 (ten thousand Euro) per case of violation of the contract. In case of continued breach of contract, each week of breach of contract shall be deemed to be one case of breach of contract within the meaning of the preceding sentence.

14.2 The assertion of any claims for damages in excess of the contractual penalty shall remain unaffected.

15.1 These GTC and all contractual relationships existing between VOLGGER and the contractual partner shall be governed by Austrian substantive law, excluding the reference norms of international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods.

15.2 For all disputes arising from or in connection with these GTC and all contractual relationships existing between VOLGGER and the contractual partner, including legal disputes regarding their existence or non-existence, the court having subject-matter jurisdiction at the registered office of VOLGGER is exclusively responsible, however VOLGGER has the right to alternatively assert its rights at the general place of jurisdiction of the contractual partner.

16.1 Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In such a case, the contracting parties shall endeavor to replace the invalid or unenforceable provision with a valid or enforceable provision whose content comes as close as possible to the provision to be replaced.

16.2 The costs for the preparation of these GTC shall be borne by VOLGGER, which also alone placed the order for the preparation of these GTC. Apart from that, each contracting party bears the costs of the legal, tax and other advisors called in by it as well as the costs and expenses incurred by it in each case.

16.3 Unless otherwise agreed in individual cases, this clause 16. of the GTC shall apply mutatis mutandis to all contracts concluded by VOLGGER with contractual partners.