General Terms and Conditions (GTC)
AGB Status 01.04.2022
I. Agency Services
1. cost estimates are in principle non-binding. The actual costs can exceed the calculated costs. Only if the calculated costs are exceeded by more than 10%, the customer must be informed.
2. prices/costs: unless otherwise agreed, services are provided on the basis of the daily rate of EUR 1,600.
3. cash expenses that accrue to Barbara Roth, cartoonsbyroth and that go beyond the normal course of business (messenger services, shipping costs, travel expenses, etc.) will be charged to the clients.
4. suppliers: Project-related invoices from suppliers of Barbara Roth, cartoonsbyroth (such as printing costs) may be invoiced directly to the Client.
5. advances: Barbara Roth, cartoonsbyroth is entitled to demand advances in the amount of up to 100% of the external costs and 50% of the costs for own expenses, if necessary, to cover the expenses incurred. Under this point fall e.g. foreseeable cash expenses such as printing costs and the like.
6. payment modalities: The fee notes of Barbara Roth, cartoonsbyroth are due without deduction within 7 days from the date of invoice, unless otherwise agreed in the offer. If the payment deadline is exceeded, Barbara Roth, cartoonsbyroth is entitled to charge interest on arrears at the usual market rate.
7. claims for damages: The customers themselves are responsible for the compliance with the legal competition regulations, including the advertising measures proposed by Barbara Roth, cartoonsbyroth, and hold Barbara Roth, cartoonsbyroth harmless and free from claims for damages or similar claims of third parties.
8. services of external companies: The delivery services and times of the suppliers commissioned by Barbara Roth, cartoonsbyroth are considered non-binding. Possible deviations, transport damages or similar are not in the area of responsibility of Barbara Roth, cartoonsbyroth.
9. revocation: In case of revocation of services ordered by the customer (in written or verbal form) or in case the customer does not make use of the services, all costs incurred until this point of time (external costs as well as own work of Barbara Roth, cartoonsbyroth, organizational expenses and variable costs of action) have to be paid by the customer.
10 Copyright: All contents contained in conceptions, manuscripts and presentations remain with copyright and right of use with Barbara Roth, cartoonsbyroth, as far as not otherwise expressly and in writing agreed. The transfer of all documents/ideas, in whole or in part, as well as their publication, distribution, duplication or other use requires the consent of Barbara Roth, cartoonsbyroth. If the ideas are not used and fully compensated, Barbara Roth, cartoonsbyroth is entitled to reuse them elsewhere. Written documents are to be returned to Barbara Roth, cartoonsbyroth upon request.
11. agreement: The customers take note of the following general business conditions, which are based on the guidelines of the Austrian PR and advertising agencies as well as the copyright as a binding guideline and basis of the common legally valid business. The place of jurisdiction is Vienna.
II. Online Shop B2B
(The General Terms and Conditions for the Online Shop B2B are based on a sample from HÄRTING Rechtsanwälte, www.haerting.de, email@example.com, Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4)
§ 1 Scope and Provider
1.1 These General Terms and Conditions (GTC) apply to all orders placed with the online store of Barbara Roth, Cartoons by Roth, Veitlissengasse 46/1, A 1130 Vienna, Managing Director Barbara Roth.
1.2 The offer of goods in our online store is directed exclusively to buyers who have reached the age of 18 and are to be regarded as entrepreneurs.
1.3 Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our General Terms and Conditions is hereby already objected to.
1.4 The contract language is exclusively German.
§ 2 Conclusion of contract
2.1 The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
2.2 By clicking the button [“Buy now with obligation to pay”] you submit a binding offer to purchase.
2.3 After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance
acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
2.4 A purchase contract for the goods is only concluded when we send you the download link under which you can download your digital data.
§ 3 Prices
The prices stated on the product pages are net and do not include the respective statutory value added tax.
§ 4 Terms of payment; Default
4.1 Payment shall be made either by:
Immediate/direct bank transfer
4.2 If you choose the payment method bank transfer, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation. As soon as we have recorded the receipt of the amount on our account, the download link will be sent to you, under which you can download your digital data (“cartoon images”).
4.3 If you pay by credit card, the purchase price will be charged to your credit card account at the time of order confirmation/sending of the download link.
§ 5. retention of title
5.1 You may not pass on or sell the digital data that we make available to you. Furthermore, you may not pass on or sell any licenses for these data.
§ 6. warranty
6.1 You are obligated to examine the delivered digital data immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
6.2 In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
§ 7 Final provisions
7.1 Should one or more of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
7.2 Contracts between us and you shall be governed exclusively by Austrian law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
7.3 If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/