General Terms and Conditions of Business of Mohr Morawa Buchvertrieb GmbH in the ICL Journal webshop
The following terms and conditions, in their current valid version at the time of ordering, apply to all sales contracts made between Mohr Morawa Buchvertrieb GmbH (hereafter referred to as “Mohr Morawa”), the distributor of Verlag Österreich GmbH (hereafter referred to as "Verlag Österreich”) seller of goods (in particular books, journals and electronic products) and their customers, via the ICL Journal webshop.
In placing an order, the customer notes that the objective business transaction is subject to these General Terms and Conditions and any further product-related General Terms and Conditions that may apply. In the event of conflicting Terms, the rules contained in the respective product-related Terms will take priority. Any other terms and conditions of the customer are not valid. Any provisions outside the general terms and conditions are only applicable if they have been recorded in writing.
If any individual provisions within these Terms and Conditions should completely or partially contradict statutory regulations, the remaining provisions within these Terms and Conditions will nevertheless still apply.
These General Terms and Conditions do not apply to contracts relating to the use of online services by Verlag Österreich. The use of online services is subject to the General Terms and Conditions for online services.
2. Conclusion of the sales agreement
The customer's order constitutes a binding offer to Mohr Morawa to conclude a sales agreement. In the event that Mohr Morawa is not able to accept the customer’s offer, the customer will be informed of the unavailability of the goods.
The sales agreement with Mohr Morawa is concluded with the shipment of the ordered goods to the customer.
Mohr Morawa always aims to respond to all customer orders as quickly as possible.
The contract language is English. All other information, customer service and complaints handling are also carried out in English or in German.
3. Purchase price
In principle, the purchase price for goods ordered stated in our current catalogues, price lists, brochures and/or information on the website will be considered agreed. These prices are for goods delivered from Mohr Morawa and are inclusive of VAT; added postage costs for each product are excluded. Mohr Morawa is authorised to determine the means of transport.
Magazine subscriptions (Point 7) are always payable in advance for the coming year. Billing is based on the calendar year; a pro-rata amount will apply if subscription begins part way through the year.
Invoices are payable upon receipt of invoice, without deductions and free of charges. In the event of a delay in payment, interest will be charged at the rate of 12% per annum. Independently of this, Mohr Morawa should be compensated for all costs arising from any delay in payment, within 14 days of request. We reserve the right to change prices between the time of order and delivery.
Prices are applicable for 30 days, unless another arrangement has been made in writing. Even with a fixed price agreement, we reserve the right make price changes if and as soon as the book and magazine stores’ costs change, in terms of total fiscal duties, shipping-related costs, commodity prices and other costs. Upon expiry of the confirmed deadline, new pricing arrangements will be made; until these are available, the previously agreed prices will continue to apply.
For deliveries to customers outside Austria, Mohr Morawa reserves the right to deliver only once payment has been made by credit card.
4. Ownership rights
Mohr Morawa retains ownership of the goods delivered until full payment of the purchase price. In the event of resale by the customer, the ownership rights shall be extended and it shall be agreed that the customer shall relinquish any claim against its customer that arises as a result of the resale to Mohr Morawa.
5. Warranty and compensation
Verlag Österreich is committed to producing its products with the utmost care. Neither Verlag Österreich nor Mohr Morawa accept any liability for faults. For consumers, as defined under the Austrian Consumer Protection Act (KSchG), Mohr Morawa provides warranty at the statutory rate.
For retailers, Mohr Morawa reserves the right, in the event of a warranty claim being made, to make good the fault by exchanging the faulty product for a non-faulty one. Complaints must be made by way of an enforced liability or warranty claim, immediately upon receipt of the goods, in writing to Mohr Morawa.
For any damage caused by culpable breach of contract, Mohr Morawa will only bear liability if this has been caused by the grossly negligent conduct of its employees or agents. In any event, liability is limited to half the value of the purchase price. This also applies in the event of delay or impossibility of performance. For consumers, as defined under the Austrian Consumer Protection Act (KSchG), compensation will be paid at the statutory rate.
6. The right of withdrawal
Customers have the right to withdraw from the purchase agreement within 14 days without giving reasons.
The cancellation period amounts to 14 days from the day on which the customer or a designated third party, who is not the carrier, has or have taken possession of the goods.
In order to exercise his or her right of withdrawal, the customer must inform Mohr Morawa Buchvertrieb GmbH, Sulzengasse 2, 1230 Vienna, tel.: + 43-1-680 14–122, fax:+ 43-1-68014 - 140, email: orderverlagoesterreichat, of his or her decision to withdraw from this contract. For more information, please consult the cancellation policy and the cancellation form on the website. In principle, the notice of cancellation is executed without forms, however a procedure compliant with the cancellation form on the website is recommended.
Refund of the purchase price will be made concurrently against return of the publisher’s new, undamaged goods. The cost of returning the goods will be borne by the customer. In the event of goods being damaged or displaying signs of use, the customer must pay reasonable compensation for the depreciation in value provided that this loss in value may be attributed to unnecessary handling of the goods during checks for the quality, features, and functionality of the goods. The same applies if, on return, accessories or parts are missing.
The right of withdrawal does not apply to newspapers, periodicals and magazines, with the exception of subscription agreements.
7. Magazine subscriptions, collected editions and data media
Subscriptions to data media and collected editions (subscription works, loose-leaf editions, etc.) are continuous up to cancellation, unless expressly agreed otherwise. Cancellation must be made in writing and applies only to future delivery, and not to editions already received.
Subscriptions of magazines published by Verlag Österreich automatically renew after one year, unless Verlag Österreich or Mohr Morawa has received written notice by no later than 30 November of the current subscription year.
Trial subscriptions must be cancelled two weeks after receipt of the last issue at the latest, otherwise they will transfer to an annual subscription.
8. Data protection
Detailed information on data protection is set out in our data protection policy.
By placing an order, the customer consents to receiving information occasionally by fax, email or telephone about Verlag Österreich products. Email or fax updates can be stopped at any time by email verlagverlagoesterreichat or by phone: +43161077-0.
10. Final Provisions
The place of jurisdiction for both contracting parties is Vienna. The agreed court of jurisdiction is the local and competent court in the domicile of Mohr Morawa. Only Austrian substantive law is applicable. If a customer is a consumer as defined under the KSchG, then the court having jurisdiction over any dispute will be in the area of residence, habitual residence or place of employment of the customer.
In accordance with section 19 (1) AStG please note that the following body is available for alternative dispute resolution purposes and we are included within its remit:
Internet Ombudsman (www.ombudsmann.at)
Please note that we will not take part in any arbitration proceedings.
The EU Commission provides an internet platform for online dispute resolution (known as the “ODR platform"). The ODR platform is intended as a point of contact for extrajudicial dispute resolution related to contractual obligations that arise from online purchase agreements. The ODR platform will be available at the following link as of 15/02/2016: http://ec.europa.eu/consumers/odr.
Mohr Morawa Buchvertrieb GmbH
Sulzengasse 2, 1230 Vienna
Tel: + 43-1-680 14-0
Fax: + 43-1-680 14-140
Company registration: 74752 f of the Commercial Court of Vienna
VAT number: ATU 14928505