General Terms and Conditions (GTC)

General Terms and Conditions of „Österreichischer Agrarverlag Druck und Verlags Gesellschaft m.b.H. Nfg. KG“ — hereinafter referred to as „ÖAV“ or „AV-Medien“.

Part I) applicable to the business area Subscriptions Print & Digital
To jump to „Part II) applicable to the business area of advertising sales“, click here.

§ 1 Scope of application

(1) The following „General Terms and Conditions for Subscriptions Print & Digital“ (AGB-Abo) apply in the version valid on the day of the order to all current and future subscription contracts between the GTC as publisher and media owner of magazines and e‑papers (in physical or electronic form) and the Customers. By placing an order, the Customer agrees to these GTC-Subscription and is bound by them.
(2) Should individual provisions of these GTC be invalid in whole or in part due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these GTC shall remain in force unchanged.
(3) All ancillary agreements, amendments and additions to contractual agreements with the ÖAV must be in writing in order to be effective, as must any waiver thereof.

§ 2 Conclusion of contract

(1) All offers (in brochures, catalogues, price lists, websites, online shops, etc.) are subject to change and are to be understood as an invitation to the Customer to make an offer himself. After sending the order, the Customer will receive an electronic confirmation of receipt, which, however, does not constitute acceptance of the offer, but is merely information that the order has been received by the ÖAV.
(2) The acceptance of the offer is made by the ÖAV either by sending an order confirmation (or the access data to the app) by post, fax or e‑mail within 14 days of receipt of the order or directly by sending the ordered subscription (or the access data to the app), also within 14 days at the latest of receipt of the order.
(3) The ÖAV reserves the right to reject a subscription application (order) of a potential customer without giving reasons.
(4) The ÖAV reserves the right to make technical and other changes within the bounds of what is reasonable. There is no entitlement to a specific arrangement or selection of content.

§ 3 Contractual language

The content of the contract, all other information, customer service and complaint handling shall be conducted in German throughout.

§ 4 Delivery, subscription period

(1) In principle, the subscription shall be taken out for the minimum subscription period stated with the respective offer and thereafter until it is cancelled. The minimum subscription period begins with the order for digital subscriptions and with the first delivery for print subscriptions. Limited subscription campaigns (test subscriptions) end automatically after the specified contract period, unless otherwise stated in the course of the offer.
(2) The first delivery (of print subscriptions) will take place after receipt of payment on the date specified in the respective order, provided that this is received by the ÖAV in good time (10 days in advance). In the case of orders without a deadline or orders not placed in time, the fastest possible delivery shall apply. Delivery will be made to the last address given. In the case of e‑paper/digital subscriptions, the access data or activation will be sent after the order has been placed. The access data will be sent to the last known e‑mail address. In the event of non-payment of the agreed subscription fee within 14 days, in the case of credit card payment within 6 weeks, the subscription access will be deactivated or delivery will be interrupted until successful payment. In his own interest, the subscriber must notify the ÖAV immediately of any change in his delivery address (e‑mail or postal).
(3) The provision of online issues of journals purchased either through in-app purchases or via the ÖAV online shop is generally unlimited; reference is made to the limitations of liability according to § 9.
(4) The delivery of print magazines is free of charge. Delivery deficiencies must be reported immediately.
(5) The ÖAV shall only be liable for non-delivery or late delivery as well as damage to property in the course of delivery in the event of intent or gross negligence. Liability is limited to Austria. Copies to be delivered abroad travel at the subscriber’s risk.
(6) In the event of force majeure (natural disasters, strike or lockout, etc.), there is no entitlement to delivery or compensation. The ÖAV reserves the right to voluntarily provide subscribers with an e‑paper for the period of delivery hindrances in the case of print subscriptions, unless this is already part of the subscription. There is no entitlement to this.
(7) Agreed interruptions to subscriptions are not possible.
(8) Supplements, including advertising materials, are an integral part of the respective magazine and cannot be omitted from individual issues for technical reasons.

§ 5 Subscription price

(1) In principle, the subscription price for the ordered subscriptions shall be deemed to be agreed as it appears from the respective offer (in current brochures, catalogues, price lists, websites, online shops, etc.).
(2) In the event of a price adjustment (reduction/increase) during the contract period, the subscription price valid as of the adjustment shall be payable as of the next invoicing/the next payment date. The subscription price is composed of costs (personnel, assignment of rights, raw materials, printing, energy, fuel, room rental, etc.), fees and taxes. In the event of changes to these components due to objectively justified circumstances beyond the control of the ÖAV, the ÖAV reserves the right to increase or decrease the subscription fee accordingly. For the period of payment in advance, the subscription price paid is fixed.
(3) Unless otherwise stated, all prices quoted to consumers are gross daily prices including the statutory value added tax. For entrepreneurs, prices are quoted as net prices. Shipping costs will be announced separately and invoiced additionally.
(4) Should export or import duties become due in the course of shipment, these shall be borne by the customer. The prices for the deliveries offered do not include any costs charged by third parties.
(5) In the case of sales to customers outside the EU, no turnover tax is payable, but these must pay any national import duties. In the case of sales to entrepreneurs within the EU, no Austrian turnover tax shall be due upon proof of the UID, but they must pay the turnover tax in their home country.

§ 6 Terms of payment, default in payment

(1) Invoices will be sent to the last e‑mail address given or to the postal address in the case of postal delivery of invoices and, unless otherwise agreed, are due immediately upon receipt of the invoice without deductions or charges. The subscriber must notify the ÖAV immediately of any change in his/her billing address (e‑mail and/or postal). Any changes to the delivery address (electronic or postal) that are not notified shall be borne by the subscriber. All risks in connection with the storage of electronic invoices shall be borne by the Subscriber. Electronic automated reply letters (absence notes etc.) will not be taken into account by the ÖAV and will not influence the valid delivery.
(2) The subscription fee is generally due in advance. The subscriber may choose between monthly, quarterly, half-yearly and annual payment at the time of ordering. This choice can be changed by mutual agreement with the ÖAV at any time after the expiry of the selected payment period. For the period of payment in advance, the subscription price paid is fixed.
(3) In the event of late payment, interest on arrears amounting to 12% p.a. will be charged. In addition, the ÖAV reserves the right to interrupt or discontinue delivery/deactivate digital subscription access.
(4) In the event of a reminder, an amount of Euro 10.00 (but no more than 10% of the amount pursued) will be due for each reminder. In addition, court and out-of-court collection costs which are necessary for the appropriate collection of the claim, including pre-litigation costs of a lawyer and/or collection agency, shall be paid.
(5) The possibility of offsetting against the subscription price claim of the ÖAV is excluded, except in the case of insolvency of the ÖAV or for claims of the consumer that are legally related to the consumer’s liability, which have been established by a court or recognised by the ÖAV.
(6) The costs to be reimbursed by a consumer for the appropriate collection or recovery or for the reminder charges may not exceed an amount that is in reasonable proportion to the claim pursued.

§ 7 Termination

(1) Fixed-term subscription campaigns end automatically after the specified contract period, unless otherwise stated.
(2) The unlimited subscription may be terminated in writing by the subscriber and by the ÖAV subject to an eight-week notice period. If a minimum subscription period has been agreed, the subscriber may terminate the subscription at the earliest at the end of the minimum subscription period by giving eight weeks‘ notice. In the absence of any other express agreement, after the expiry of the minimum subscription period, notice of termination may be given in compliance with the notice period at the end of each further period corresponding to the duration of the original minimum subscription period (e.g. minimum subscription period of 1 year — in the case of continued subscription, next termination option after a further year).
(3) The ÖAV is entitled to terminate the subscription with immediate effect in the event of good cause.
(4) If it is stipulated that a free trial subscription will be converted into an unlimited paid subscription if it is not cancelled in writing in good time, the subscriber will be informed of the significance of this omission in writing (with reference to the available cancellation option at any time and the expiry of the deadline) at least two weeks before the expiry of the free trial subscription.
(5) If the subscription contract is terminated by the subscriber before the expiry of an agreed minimum contract period (premature termination), the difference will be invoiced until the regular end of the subscription contract in compliance with the notice periods or minimum subscription period.

§ 8 Right of cancellation — special provisions for consumers

(1) The following special provisions apply exclusively to consumers within the meaning of the Consumer Protection Act („KSchG“). Pursuant to § 11 et seq. of the Distance and Foreign Transactions Act (FAGG), consumers may revoke contracts concluded at a distance or contractual declarations made at a distance within a period of 14 days without stating reasons, unless the right of revocation is excluded pursuant to § 18 FAGG.
(2) The revocation period shall begin
in the case of contracts for the supply of digital content which is not supplied on a tangible data carrier, from the date of conclusion of the contract,

in the case of contracts for the supply of goods, from the day on which the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the goods,

in the case of contracts for the supply of several goods ordered as part of a single order and delivered separately, or

in the case of contracts for the supply of goods in several instalments or pieces, on the day on which the consumer or a third party other than the carrier and indicated by him takes possession of the last goods supplied/the last instalment,

in the case of contracts for the regular delivery of goods over a fixed period, on the day on which the consumer or a third party other than the carrier and indicated by him has taken possession of the goods delivered first.
(3) If, in the course of ordering digital content (digital subscription), the consumer has expressly agreed to the immediate provision of the service (immediate retrievability after ordering), there is no longer a right of withdrawal due to the premature commencement with the performance of the contract.
(4) In order to exercise the right of withdrawal, the consumer must inform the ÖAV (1140 Vienna, Sturzgasse 1A, Tel: +43198177100, Fax: +43198177111, Mail: office@agrarverlag.at) by means of a clear declaration (e.g. a letter sent by post, fax or e‑mail) of his/her decision to withdraw from this contract. For this purpose, the consumer may also use the model withdrawal form (link to model). It is sufficient if the declaration of revocation is sent within the deadline.
(5) Consequences of Withdrawal:

If the consumer exercises his right of withdrawal, the ÖAV must repay him all payments received from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheaÖAVt standard delivery offered by the ÖAV), without undue delay and at the latest within 14 days from the day on which the notification of withdrawal from this contract is received by the ÖAV or — if this is later in the case of payment that has not been recalled — the corresponding payment. For this repayment, the ÖAV will 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 the repayment.

The ÖAV may refuse repayment until it has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.

The consumer must return or hand over the Goods to the ÖAV without undue delay and in any event no later than 14 days from the day on which the consumer notified the ÖAV of the withdrawal from this contract. The deadline is met if the consumer sends the goods before the expiry of the 14-day period.

The costs of the return shipment will be borne by the consumer.

The consumer will only have to pay for a reduction in the value of the goods if this reduction in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

§ 9 Warranty and compensation

(1) The statutory warranty provisions (24 months from receipt of the goods) shall apply to customers who are consumers within the meaning of the KSchG. If possible, any defects that occur are to be notified upon delivery or after they become visible.
(2) In the event of a justified complaint about a defect, the ÖAV may remedy the defect either by providing a replacement or by providing individual replacement parts or (in the case of publications) replacement pages.
(3) The right to rescission or price reduction can only be demanded by the customer if improvement is not possible or not possible within a reasonable period of time. In the case of a minor defect, the right to redhibitory action is excluded.
(4) The ÖAV is liable for damage to property only in the case of intent and gross negligence, vis-à-vis consumers in the case of personal injury also for slight negligence. Compensation for consequential damage and financial loss and for damage arising from third party claims against the Customer are excluded. The existence of fault must be proven by the injured party, unless it is a consumer transaction.
(5) The ÖAV accepts no liability for the unlimited retrievability of the content, for errors, delays or interruptions in data transmission, loss or deletion, viruses, misuse, correctness, completeness or up-to-dateness of data or for damage otherwise arising from the use of the data or the online service. In particular, no liability can be assumed for the availability of the online connection, the accessibility of the servers or the compatibility of the hardware and software components of the subscribers. For both legal and technical reasons, the retrievability or availability of individual articles, photos or pages may be restricted or not possible.
(6) The subscriber is responsible for the acquisition and/or installation of the necessary hardware and software components as well as a sufficient internet connection at his own expense. The ÖAV is not liable for the quality of the connection of your terminal device to the internet as well as any roaming charges of internet connections abroad.
(8) If registration on a third-party platform (e.g. Google Playstore, Apple I‑Tunes) is required to receive and use the subscription, the supplementary terms of use of the respective third-party provider apply.
(9) The ÖAV reserves the right to restrict, expand or terminate the use of the online portal in whole or in part. This applies in particular to free services and offers, including the area requiring registration. In the event of complete discontinuation of the online service, an aliquot refund of any subscription fee already paid will be made.
(10) The subscriber must ensure that his/her login data is protected from unauthorised access by third parties and is liable for all damages incurred by the ÖAV in the event of disclosure, misuse or loss of the login data. Any liability of the ÖAV resulting from such circumstances is excluded.
(11) Rights exist to all retrievable content, texts, graphics and photos, in particular copyright, trademark protection and other material property rights. A subscription does not entitle the user to unlimited further use without consideration of these rights.
(12) The ÖAV shall not be liable to the extent permissible for any free gifts with subscription editions, both in digital and analogue form. In the case of discounted additions, the relevant GTC apply with regard to the respective products.

§ 10 Website

(1) The ÖAV is only liable for its own content on the websites it operates. Insofar as it provides access to other websites via links, it is not responsible for the third-party content contained therein. It does not adopt the external content as its own.
(2) The ÖAV is not responsible for information stored on behalf of a user and originating from the user, unless the user is under the control or supervision of the ÖAV.

§ 11 Data protection

(1) The employees of the ÖAV are subject to the confidentiality obligations of the Data Protection Act.
(2) For more detailed information on the processing of customer data in the course of the subscription contract, please refer to the data protection declaration at www.av-medien.at/services/datenschutz.html.

§ 12 Place of jurisdiction and applicable law

(1) All agreements according to these GTC are exclusively subject to Austrian law. If the customer is a consumer, the mandatory provisions of the law in which the consumer usually resides shall apply. Austrian law shall apply in all other respects.
(2)The court with subject-matter jurisdiction at the registered office of the ÖAV shall have exclusive jurisdiction for disputes. If the Customer is a consumer within the meaning of the Consumer Protection Act (KSchG), the jurisdiction of the court in whose district the Customer’s place of residence or habitual abode or place of employment is located shall be deemed to be established.
(3) The place of performance of the contract is the registered office of the ÖAV.

Part II) Applicable to the business area of advertising sales

§ 1 Scope of application

(1) These General Terms and Conditions for Advertising Sales (GTC Advertising) apply in the version valid on the day of the order to all concluded legal transactions regarding the sale of advertising materials and advertising measures between the ÖAV as the provider and the Customers. By placing an order, the Customer agrees to these GTC Advertising and is bound by them.
(2) Only this Part II (GTC Advertising) and the ÖAV price list apply to these transactions. Deviating, conflicting or supplementary GTC, even if known, will not become part of the contract unless the ÖAV expressly agrees to their validity in writing.
(3) These GTC also apply to all future orders of the Customer, even if their validity is not expressly or tacitly agreed again. Customers are clients, sponsors, advertisers and other contractual partners.

§ 2 Conclusion of contract

(1) All offers of the ÖAV are subject to confirmation.
(2) The Customer must place all orders for advertising placements and other orders („Orders“) in writing or by e‑mail. The ÖAV must accept the Orders in writing or by e‑mail. This formal requirement shall also apply to any agreement to deviate from the form stipulated herein. The actual execution of an order is also deemed to be acceptance.
(3) The ÖAV shall provide only the services specified in the order. Extensions must be agreed in the form set out in paragraph (2).
(4) If agencies place orders, the contract is concluded with the agency in case of doubt, subject to other written agreements. If another client is to become a client, he must be named by the advertising agency. The ÖAV is entitled to demand proof of mandate from the advertising agencies.
(5) External productions of a variety of selected partners can be published. Before commissioning productions, the Customer must ensure that they come from one of the ÖAV partners, as the ÖAV does not work with all production companies.

§ 3 Advertising

(1) The ÖAV must place advertisements of the Customer to be published in a medium of the ÖAV in the agreed advertising spaces at the agreed placement times.
(2) „Advertising placement“ means any form of advertising that can be published in a medium. The Client’s advertising insertions must comply with the applicable law and must not offend common decency. The Customer must ensure that the manufacturer’s name complies with the law if the advertisement contains photographs. The ÖAV is entitled to immediately delete content created by the contracting partner that is illegal and/or abusive.
(3) The Customer must provide the ÖAV with all data required for publication of the advertising insertion in a timely manner prior to the agreed publication.
(4) If an adjustment of this data is necessary for publication, the ÖAV may either request the adjustment from the Customer or carry out the adjustment itself at the Customer’s expense.
(5) The Customer shall label an advertisement as such if labelling is required by law. In all other cases the ÖAV is entitled to mark the advertisement if the ÖAV deems the marking necessary due to the design of the advertisement or the advertising environment.
(6) The Customer must check published advertisements without delay and report any defects to the ÖAV within the first week of publication. Otherwise the ÖAV is released from all warranty and compensation obligations.
(7) In the absence of an agreement to the contrary, the ÖAV is free to design the content of the environment of the advertisement.
(8) The ÖAV must retain the data provided for an advertisement for three months.
(9) The ÖAV reserves the right to refuse orders without giving reasons. The rejection will be communicated to the Customer.

§ 4 Remuneration

(1) The fee is based on the price list published on the Internet at the time the order is placed. The prices stated are net prices excluding statutory taxes.
(2) The fee is due within 14 days from the date of the invoice. After expiry of this period, payment shall be deemed to be in arrears.
(3) The ÖAV may demand an advance payment or a deposit. In this case, the order of the Customer will not be fulfilled until the advance payment or deposit has been received by the ÖAV.
(4) The ÖAV is entitled to the statutory interest and collection costs in the event of late or deferred payment.
(5) The ÖAV may — irrespective of the existing agreement — demand full payment of the order in advance if there are reasonable doubts about the solvency of the Customer or if the Customer otherwise defaults on a payment.
(6) The invoice may also be sent electronically to the email address provided by the Client and in this case shall be deemed to have been received upon dispatch. By providing the email address the Customer expressly agrees to accept invoices sent electronically by the ÖAV.
(7) If partial payments are agreed and if a partial payment is not paid on time, not paid or not paid in full by the Customer, the deadline will be lost and the entire outstanding balance will become due for payment.

§ 5 Withdrawal

(1) The ÖAVA can withdraw from an order with a Customer who is an entrepreneur in the sense of § 1 of the Consumer Protection Act at any time without giving reasons within a period of 30 days. In the event of withdrawal, the ÖAVA shall repay any remuneration already received. No further liability exists.
(2) In all cases, the withdrawal must be made in writing or by e‑mail.
(3) The concluded contract remains in force for a reasonable period of time if its fulfilment is prevented in whole or in part by force majeure.

§ 6 Warranty

(1) The ÖAV guarantees that the services rendered correspond to the agreed or usually assumed services.
(2) The Customer must notify the ÖAV of any defects within one week of the fulfilment of the order if the Customer is an entrepreneur within the meaning of § 1 of the Consumer Protection Act („KSchG“). This deadline is met if the Customer sends the notification in time.
(3) The warranty period is 6 months if the client is an entrepreneur within the meaning of § 1 of the Consumer Protection Act („KSchG“).

§ 7 Compensation

for entrepreneurs:

(1) Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., we shall only be liable for financial loss in cases of intent or gross negligence. In the event of slight negligence, the contractor shall only be liable for personal injury. Liability shall expire 6 months after the customer has become aware of the damage and the damaging party.
(2) The client must prove the existence of gross negligence.
(3) The Contractor shall not be liable for indirect damage, loss of profit, loss of interest, failure to make savings, consequential and pecuniary damage, damage arising from third-party claims.
(4) The ÖAV is not obliged to check the content of advertisements. The customer bears full liability for this. The customer will indemnify and hold the ÖAV harmless against all other damages arising from the illegal, abusive or otherwise unlawful content of a published advertisement. This shall in particular also include damages resulting from the incorrect statement of data and facts or from the violation of personal rights, copyright, data protection or other standards by the customer.

for consumers:

(5) Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., we shall only be liable for financial losses in cases of intent or gross negligence and only for losses foreseeable at the time of conclusion of the contract.
(6) In the event of slight negligence, the contractor shall only be liable for personal injury. Liability shall become statute-barred 3 years after the client has become aware of the damage and the damaging party.
(7) The limitation period for claims for damages against the ÖAV is 3 years from knowledge of the damage and the damaging party.

for entrepreneurs and consumers:

(8) The ÖAV is not obliged to check the content of advertisements. The customer bears full liability for this. The customer will indemnify and hold the ÖAV harmless against all other damages arising from the illegal, abusive or otherwise unlawful content of a published advertisement. In particular, this also includes damages resulting from the incorrect statement of data and facts or from the violation of personal rights, copyright, data protection or other standards by the customer.
(9) The ÖAV is not liable in cases of force majeure (e.g. industrial action, seizure and other official measures, traffic and operational disruptions and disruptions from the area of responsibility of third parties, network operators or service providers). In particular, the ÖAV is not responsible for service disruptions due to force majeure, such as in particular the failure or overload of global communication networks, power failures or other catastrophe‑, pandemic- or epidemic-related failures.
(10) The ÖAV is not liable for damaged or lost data or files.
(11) The ÖAV is only liable for its own content published on the ÖAV websites. The ÖAV is not liable for the content of other websites to which links on the ÖAV websites lead. If the ÖAV learns of illegal content on a website, it will immediately remove the link to that website.

§ 8 Data protection

The order is to be handled by both parties in compliance with the applicable provisions of data protection law.

§ 9 Offsetting

The Customer is only entitled to set-off if and insofar as his claim has been legally established or expressly recognised in writing by the ÖAV.

§ 10 Place of performance, applicable law and place of jurisdiction

(1) The place of performance is the registered office of the ÖAV.
(2) Austrian law shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods.
(3) The Customer and the ÖAV will endeavour to settle any disputes arising from the contractual relationship amicably. If no amicable settlement of disputes is reached, the competent court at the registered office of the ÖAV will have exclusive local jurisdiction to decide on all legal disputes arising from the respective contract.

§ 11 Final provision

(1) Should individual provisions of the order be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the order. In such a case the Customer and the ÖAV shall replace the invalid or unenforceable provision by mutual agreement with a valid or enforceable provision that comes as close as possible to the invalid or unenforceable provision.
(2) Should individual provisions of these GTC be invalid in whole or in part due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these GTC shall remain in force unchanged.
(3) All ancillary agreements, amendments and additions to contractual agreements with the ÖAV must be in writing in order to be effective, as must any waiver thereof.

Version: 21.06.2021

General Terms and Conditions (GTC)

General Terms and Conditions of „Österreichischer Agrarverlag Druck und Verlags Gesellschaft m.b.H. Nfg. KG“ — hereinafter referred to as „ÖAV“ or „AV-Medien“.

Part I) applicable to the business area Subscriptions Print & DigitalTo jump to „Part II) applicable to the business area of advertising sales“, click here.

Part II) Applicable to the business area of advertising sales

Part I) applicable to the business area Subscriptions Print & Digital
To jump to „Part II) applicable to the business area of advertising sales“, click here.