Terms and conditions
I. Scope of the contract:
GOING INTERNATIONAL INFORMATION SERVICES - G. Polak KEG, Fasangasse 28/27, A-1030 Vienna, issues publications and offers consultancy on training and further education, professional development and project management in the fields of medicine, public health, international development co-operation and humanitarian aid.
All business transactions in the scope of the abovementioned services between GOING INTERNATIONAL and its customers are subject to the most recent version of the following terms and conditions at the time of contract conclusion. No terms and conditions from the customer which vary from or contradict these conditions will be accepted, unless agreed to in writing by GOING INTERNATIONAL. Any activities of the essence of the contract shall not be regarded as consent for terms and conditions deviating from the ones described herein. These terms and conditions shall also act as a framework for any further legal transaction between the contracting parties within the scope of GOING INTERNATIONAL.
II. Contract conclusion:
When carrying out mail order transactions (online orders) the buyer of goods or services shall be bound to a stipulated period of time commensurate with the order but amounting to at least 10 days from the receipt of the order by GOING INTERNATIONAL. The conclusion of the contract shall be completed by an order confirmation supplied by GOING INTERNATIONAL. Clients who are considered end users according to the Austrian Consumer Protection Act (KSCHG) shall furthermore receive an additional order confirmation, supplied via mail or electronic mail.
For personalised services GOING INTERNATIONAL reserves the right to claim an acceptance of the rendered services within four weeks of the delivery. Should the client not issue said acceptance within the period of four weeks, the delivery shall be considered as duly accepted.
The failure to correspond to the original specification of services, preliminarily laid down in writing, shall be documented in detail and in writing by the buyer and sent to the seller so that GOING INTERNATIONAL can immediately proceed to the correction of any defect. Minimal defects shall not entitle the buyer to refuse delivery.
In turn GOING INTERNATIONAL shall, in case that the realisation of an order be effectively or legally impossible, be obliged to notify the client accordingly and as soon as possible. If, subsequently, the service specification is not modified, GOING INTERNATIONAL may refuse the rendering of the service. If the buyer is responsible for the order being impossible to fulfill, by failure or belated alteration of the service specification, GOING INTERNATIONAL shall be entitled to withdraw from the agreement. Any costs and expenses incurred to GOING INTERNATIONAL until that time will be charged to the buyer.
The agreed schedule for personalised orders shall only be binding if the buyer provides complete documentation and anything necessary to the fulfilment of the contract, in particular the service specification, within the deadlines set by GOING INTERNATIONAL and if the buyer duly co-operates with the seller. GOING INTERNATIONAL is not liable for delivery delays or price increases which result from wrong, defective or belated alterations of documentation or information provided by the buyer and may not be considered as a delayed rendering of the service. Any resulting additional expenses shall be covered by the buyer.
Orders that include several units may be delivered in instalments and shall entitle GOING INTERNATIONAL to issue several partial invoices.
III. Cancellation of the Contract:
Any consumer transaction carried out according to the Austrian Consumer Protection Act entitles the consumer to withdraw from the contract by means of a written cancellation made within seven working days, Saturday not being considered a working day, from the date of contract conclusion.
In such a case the buyer shall be obliged to send the goods back to the seller without delay, against reimbursement of any preliminary payments. The buyer shall choose the same shipping method used by GOING INTERNATIONAL and insure the goods according to their value. The buyer shall cover the entire expenses for the return of the goods. The buyer also carries the risk of the loss of the goods, especially when no transport insurance was included.
If, however, the parties have agreed to start handling a service order within seven working days from the conclusion of the contract, the buyer shall lose the right to cancel the contract. No order of services exclusively designed upon request of the buyer may be cancelled.
If the buyer fails to take delivery of the goods or when other circumstances apply, such as insolvency of the buyer or failure of payment, GOING INTERNATIONAL reserves the right to cancel the contract, provided that it has not yet been mutually fulfilled. In case of such a cancellation the seller may claim indemnity for all real damages incurred. If the buyer fails to make any payment on the due date GOING INTERNATIONAL is freed from all service duties and is entitled to suspend any further deliveries, claim preliminary payments or guarantees or, after an appropriate extension, to withdraw from the contract.
Moreover, GOING INTERNATIONAL reserves the right to cancel the contract, when said contract has been effected on the basis of typographical, clerical or calculating errors on its website.
IV. Prices and Remunerations:
The prices and remunerations shall be the ones quoted in the contract or in the order confirmation. All prices of GOING INTERNATIONAL are quoted in Euros, incl. all applicable taxes. The buyer will be invoiced after the agreed service has been carried out for single orders or each month on the agreed qualifying date for continuous or regular orders. The payable amount without any deduction shall be paid by the buyer within 14 days of the date of the reception of the invoice. If the payment is delayed GOING INTERNATIONAL is entitled to claim interest on the amount unpaid, at the rate of 4 % p.a. above the base rate of the Austrian National Bank or the applicable rate of the European Central Bank. If any higher damage arises from the buyer’s failure to pay, GOING INTERNATIONAL shall be entitled to claim indemnity.
The prices quoted by GOING INTERNATIONAL do not include the costs that arise to the buyer from using the services of third parties (e. g. Internet or telephone charges, etc.).
V. Delivery, Transport, Failure to Take the Delivery:
If not stated otherwise the prices quoted by GOING INTERNATIONAL exclude shipping and transport insurance. Upon request such service can however be rendered or organised by GOING INTERNATIONAL at the expense of the buyer. In such a case GOING INTERNATIONAL charges the nominal transportation or delivery costs plus an appropriate administrative fee, the minimum charge being the valid freight tariff of the chosen means of transport or the existing mail delivery charges.
If the buyer failed to accept the delivery, GOING INTERNATIONAL shall, after an appropriate extension, be entitled to store the goods in a suitable place, at the expense and risk of the buyer. Moreover GOING INTERNATIONAL shall be entitled to insist on the performance of the contract or, after an extension time of at least two weeks, to back out of the contract and use the goods for other purposes.
If not otherwise agreed the goods are delivered via postal services from the seller’s premises to the buyer’s delivery address.
The risk of damage or loss shall pass to the buyer as soon as the goods leave the premises of GOING INTERNATIONAL, even if the delivery is carried out in instalments. Any dates quoted for delivery shall be approximate unless a binding delivery date has been agreed upon with the buyer.
VI. Duration of the Contract:
If not explicitly agreed otherwise, the minimum duration of a contract for regular services amounts to one year from the conclusion of the contract. Notice of cancellation shall be made at least one month before the end of a contract period by means of a registered letter. If no cancellation is made within the deadline the contract shall automatically be prolonged for an undetermined period and can be cancelled under abovementioned conditions.
GOING INTERNATIONAL reserves the right to cancel any contract immediately if the customer makes improper use of the delivered services, especially in cases of breach of the conditions stated in VII.
VII. Warranties and Liability:
If a defect of the goods has been admitted GOING INTERNATIONAL shall be entitled to choose whether to correct the defect or replace the goods. If GOING INTERNATIONAL is not capable of correcting the defect or of replacing the goods the buyer shall have the right to cancel the contract.
Any further claims by the buyer not explicitly stated in the following paragraphs are excluded. In particular GOING INTERNATIONAL shall not be liable for damage which is not directly related to the delivered goods, for profit loss or other financial damage to the buyer.
Limited liability applies also to the personal liability of employees, representatives or collaborators of GOING INTERNATIONAL. Limitations of liability do not apply if the damage was caused by intention or gross negligence. In line with § 12 of the Product Liability Act claims for compensation may not be made, unless the buyer can prove beyond doubt that the mistake has been committed or at least committed by negligence in the sphere of GOING INTERNATIONAL.
Any complaint about the defect of the goods shall only be valid when made in writing within four weeks after the delivery of the agreed service. If the complaint is justified, the defects will be corrected within a specified period of time. To this end the buyer is obliged to enable all measures necessary for the correction of the defect.
If the buyer is an entrepreneur according to the Austrian Consumer Protection Act, the goods shall be examined immediately after delivery or within 6 working days. Any defects discovered must be notified in writing, with a description of the defect, within 3 working days of the discovery. Undetected defects shall be notified in writing immediately or within 3 working days of their discovery. If the defect is not notified the delivery shall be considered as accepted.
GOING INTERNATIONAL shall be legally liable for damage if the buyer is able to prove intention or gross negligence. GOING INTERNATIONAL shall not be liable for ordinary negligence.
Corrections and supplements that become necessary due to administrative or technical reasons on part of GOING INTERNATIONAL before the date of delivery shall be carried out free of charge.
Due to the known unreliability of electronic data processing GOING INTERNATIONAL rejects any liability for typographical errors, failure of technological equipment or shortcomings of programmes and data provided on the Internet. This is valid for the data the customer receives via the Internet as well as for data the customer him/herself publishes in the Internet. This limitation shall also be valid for lost profit due to operational breakdown or damage to property. The customer explicitly accepts this liability limitation.
VIII. Additional Contractual Duties of the Buyer:
GOING INTERNATIONAL shall be under no liability whatsoever for any damage generated by the buyer via the use of the Internet or telecommunications systems.
GOING INTERNATIONAL reserves the right to suspend or cancel the above metioned services if the buyer fails to abide to these prescriptions. In this context the buyer waives any resulting claims in advance.
GOING INTERNATIONAL reserves the right to claim damages should the buyer make improper use of the services provided by GOING INTERNATIONAL.
IX. Securing Data:
GOING INTERNATIONAL shall not be liable for the claims of third parties regarding the buyer’s data. Unless there exists an explicit agreement, GOING INTERNATIONAL shall not be responsible for the securing of data saved on a virtual server. It is the responsibility of the buyer to make backup copies of his/her data.
Due to the particular structure of the Internet GOING INTERNATIONAL rejects any liability for the confidentiality of transferred data.
It shall be of the essence of the contract that the buyer agrees to the electronic saving and processing of data (also personal data). The buyer shall be obliged during the entire duration of the contract to notify GOING INTERNATIONAL about any change of private or business addresses or e-mail addresses. If the buyer fails to do so, any declaration shall be considered as submitted if it has been sent to the formerly known address. All declarations on part of GOING INTERNATIONAL may be sent to the buyer electronically.
X. Offset and Retention:
The buyer shall have the right to offset only if the counterclaim is absolute or acknowledged by GOING INTERNATIONAL. Furthermore the buyer shall have the right to retention only if the counterclaim is subject to the same contract.
XI. Reservation of Proprietary Rights:
Until the full settlement of payments the delivered service remains in the property of GOING INTERNATIONAL.
All mutual rights and duties resulting from this contract shall not be transferred without explicit written consent.
The prescriptions in this contract are binding for all end customer deals after the Austrian Consumer Protection Act only if the Consumer Protection Act does not prescribe any other regulations.
XIII. Copyright and Use of Data:
Internet addresses of customers and partners may be used as a reference on the website of GOING INTERNATIONAL. The buyer agrees to receive information on news, projects and special offers. GOING INTERNATIONAL may use the personal data provided by the buyer and especially the stated e-mail address for this purpose.
All rights for the agreed services (text, graphics, videos, photographies, animation, audio, links, etc.) are reserved to GOING INTERNATIONAL and its licensers.
The present contract only grants a license of utilisation for individual cases. Any dissemination by the buyer is prohibited by copyright law. Any violation of the copyright of GOING INTERNATIONAL results in compensation claims which, in such a case, must be fully satisfied by the buyer.
Duplications for the purpose of archiving and data securing shall be produced only if this has not explicitly been prohibited by GOING INTERNATIONAL and if all statements of copyright and ownership are included unmodified in these duplications.
Any alteration and supplement to this contract shall be valid only if confirmed in writing.
XV. Applicable Law, Place of Fulfilment and Jurisdiction:
The contract shall be governed by Austrian law excluding the Vienna Sales Convention. Vienna is the exclusive place of fulfilment and jurisdiction for all claims regarding any business relation. The contractors explicitly agree to the application of Austrian jurisdiction.
GOING INTERNATIONAL INFORMATION SERVICES
G. Polak KEG