Preamble – Contracting Party and Scope
This website and the “GUIDED” offering are operated by Firma Bernhard Eder, Pfeiffergasse 8, 1150 Vienna, Austria (hereinafter “GUIDED” or “we”). Contact: hello@guided-shopping.at.
These General Terms and Conditions of Use and Participation (hereinafter the “Terms”) are directed exclusively at entrepreneurs (Unternehmer) within the meaning of Austrian law. No contracts are concluded with consumers within the meaning of the Austrian Consumer Protection Act (KSchG). By using this website and/or commissioning services, users and participants confirm that they are entrepreneurs and are acting within the scope of their business activity.
These Terms are divided into three parts:
- Part A governs the use of this website.
- Part B governs participation in and booking of GUIDED services.
- Part C contains the common final provisions applicable to both parts.
Users may additionally be bound by separate agreements relating to a specific product or service. Where provisions of such additional agreements conflict with these Terms, the provisions of the additional agreements shall prevail.
Part A – Use of the Website
A.1 Scope
This Part A applies to the use of this website and the associated content and functions. By accessing or otherwise using this website, users agree to this Part A. Mere use of the website presupposes knowledge and acceptance of these Terms.
A.2 Electronic Communication
By using this website or communicating with us electronically, users agree that we may communicate with them electronically – via the website or by email. Users agree that all agreements, notices and disclosures we transmit electronically satisfy any applicable legal requirements for written communication, to the extent permitted by law.
A.3 Intellectual Property
We or our licensors own and control all copyright and other intellectual property rights in this website as well as in the data, information and other resources displayed on or accessible through the website.
Unless expressly stated otherwise for specific content, no license or other right under copyright, trademark, patent or other intellectual property rights is granted. Accordingly, without our prior written permission, resources of this website may not be used, copied, reproduced, publicly performed, distributed, embedded in an electronic medium, modified, reverse-engineered, decompiled, transferred, downloaded, monetized, sold, marketed or commercialized – except and only to the extent that mandatory law (such as the right of quotation) permits.
A.4 Newsletter
Notwithstanding Section A.3, users may forward our newsletter in electronic form to other persons who may be interested in visiting our website.
A.5 Third-Party Linked Websites
Our website may contain hyperlinks or other references to third-party websites. We do not monitor or review the content of such third-party sites. We accept no liability for offers, products, services and content offered on or through linked third-party websites; these are subject to the terms and conditions and privacy practices of the respective third parties. Opinions or materials expressed on such websites are not necessarily shared or endorsed by us. Use of linked websites and associated third-party services is at the user’s own risk.
A.6 Responsible Use
Users undertake to use the website only for the purposes intended under these Terms, any additional agreements, and applicable law and recognized online practices. In particular, it is prohibited to:
- use, publish or distribute material that consists of or is linked to malicious software;
- use data collected on the website for direct marketing;
- carry out systematic or automated data collection (e.g. scraping) on or in relation to the website;
- engage in activities that damage, or may damage, the website or impair its performance, availability or accessibility.
A.7 Submission of Ideas
Users shall not submit to us any ideas, inventions, copyrighted works or other information that may be regarded as their intellectual property, unless an intellectual property agreement or a non-disclosure agreement has previously been concluded. If users submit such content to us without such a written agreement, they grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute such content in existing and future media.
A.8 Modification and Discontinuation of Availability
We may, at our discretion, at any time temporarily or permanently modify or discontinue access to the website or individual services offered on it. Subject to Part C, we are not liable to users or third parties for such modifications, suspensions or discontinuations. Access restrictions on the website must not be circumvented.
A.9 No Advice
The content of this website does not constitute, and is not intended to constitute, legal, financial, tax or medical advice. For advice, an appropriate professional should be consulted.
A.10 Accessibility
We strive to make our content accessible to people with disabilities. Users who, due to a disability/impairment, are unable to access parts of the website are asked to send us a notice with a detailed description of the problem. Where the problem can be readily identified and resolved using industry-standard means, we will remedy it promptly.
A.11 Export Restrictions / Compliance with Laws
Access to the website from territories or countries where its content or the acquisition of the products or services offered via the website is unlawful is prohibited. The website must not be used in violation of the export and other legal provisions of Austria.
Part B – GUIDED Terms of Participation and Booking (B2B)
B.1 Scope and Contracting Parties
B.1.1 This Part B applies to all bookings and participation in the print guide “GUIDED” and to all associated services (e.g. editorial contributions, advertisements, photos, social media posts, newsletters) between GUIDED and the participating companies (hereinafter “Participants”).
B.1.2 As set out in the preamble, the offering is directed exclusively at entrepreneurs. No contracts are concluded with consumers within the meaning of the KSchG.
B.1.3 Deviating terms and conditions of Participants shall not apply unless GUIDED has expressly agreed to their validity in writing.
B.2 Services Provided by GUIDED
B.2.1 GUIDED provides the services described in the respective offer, media data or registration form (e.g. editorial shop advertisements, event/trade-fair announcements, newsletter contributions, social media posts).
B.2.2 Editorial design, layout and placement in the medium are at GUIDED’s discretion, taking the interests of the Participants into account. A claim to a specific placement, size or design form exists only where this has been expressly agreed in writing.
B.2.3 GUIDED is entitled to commission third parties (e.g. graphic designers, photographers, printing companies, distribution services) to carry out individual services.
B.2.4 GUIDED reserves the right to refuse or postpone publication if content violates applicable law, the rights of third parties or the fundamental editorial character of the medium. In such a case, GUIDED will inform the Participants; fees already paid for services not rendered will be refunded.
B.3 Booking, Conclusion of Contract and Participation
B.3.1 Offers by GUIDED are without obligation. A binding contract is concluded by signing and submitting a registration form (by email, post or upload) or by written commissioning by email with reference to an offer or the media data.
B.3.2 By commissioning, Participants acknowledge these Terms as part of the contract.
B.3.3 GUIDED reserves the right to refuse a booking without giving reasons. In such a case, payments already made will be refunded in full (100 %).
B.4 Prices and Payment Terms
B.4.1 The prices set out in the respective media data, offers or registration forms apply. All prices are in EUR plus statutory taxes and any applicable levies (e.g. 5 % advertising levy on print advertisements).
B.4.2 Unless otherwise agreed in individual cases, services are invoiced after conclusion of the contract. Invoices are due for payment within 7 days of the invoice date without deduction.
B.4.3 In the event of late payment, statutory default interest applies. In addition, GUIDED may charge the legally permissible reminder fees per reminder as well as a flat processing fee of EUR 50.
B.4.4 Invoices are payable and actionable in Vienna. The place of performance and place of jurisdiction is Vienna. Austrian law applies exclusively.
B.4.5 Set-offs against claims of GUIDED are permitted only with counterclaims that have been legally established or expressly acknowledged by GUIDED.
B.5 Participants’ Duties to Cooperate
B.5.1 Participants shall provide all texts, images, logos, data and information required to produce the booked services on time and in the agreed quality.
B.5.2 Where the media data or the data sheet specify concrete deadlines (e.g. editorial deadline or deadline for print documents), these are binding. In the event of late or incomplete delivery, GUIDED may adjust the service appropriately (e.g. shorten, postpone) or cancel it; GUIDED’s claim to remuneration remains in principle unaffected in this case.
B.5.3 Participants shall carefully review proofs/layouts provided by GUIDED and communicate change requests or corrections on time. After print approval has been granted, Participants bear responsibility for the accuracy of the content.
B.5.4 Subsequent changes after print approval can only be made within technical and organizational possibilities and will be charged according to effort or in accordance with the applicable flat rates (e.g. a flat EUR 50 for corrections; additional printing costs if production is already underway).
B.6 Cancellation / Withdrawal by Participants
B.6.1 With the booking/commissioning (including by email), a binding order is concluded. A unilateral, free-of-charge withdrawal is generally not provided for.
B.6.2 In justified exceptional cases, GUIDED may agree to a cancellation in writing. If such a cancellation occurs, the following cancellation fees apply – regardless of the reason – each based on the agreed net order value:
- up to 60 days before the print-documents deadline: 50 % (reservation of the slot, organizational effort);
- 59 to 45 days before the print-documents deadline: 75 %;
- from 44 days before the print-documents deadline, or from the start of the creation of text and/or image proposals or other creative services, or of the preparation for printing (whichever occurs earlier): 100 %.
B.6.3 Irrespective of the above flat rates, third-party services already incurred (e.g. external photographers, graphic service providers, print preparation, booked placements) will be invoiced in full in the event of cancellation.
B.6.4 Participants reserve the right to prove that GUIDED incurred lesser or no damage.
B.7 Postponement and Non-Publication
B.7.1 GUIDED is entitled to postpone publication for good cause (e.g. illness, production problems, force majeure). In such a case, GUIDED will inform the Participants; the booking continues to apply to the next possible publication date.
B.7.2 Should GUIDED not publish an issue for economic or organizational reasons (e.g. too few advertising customers), payments already made for services not rendered will be refunded in full (100 %); further claims are excluded, subject to mandatory law.
B.7.3 With respect to the consequences of force majeure, Section C.2 applies in addition.
B.8 Photo Rights, Copyrights and Content
B.8.1 By providing photo material, logos, texts or other content, Participants warrant that they hold all rights required for the intended use and that these rights are fully and validly cleared for the following uses: use in the GUIDED print version and use on the online and social media channels operated by GUIDED (in particular website, newsletter, Instagram, Facebook), in each case for the duration of the customary use of the medium.
B.8.2 Participants shall indemnify GUIDED against all third-party claims arising from an infringement of copyright, personality rights or other rights by the content provided.
B.9 Liability
B.9.1 GUIDED is liable only for damage caused by gross negligence or intent. Liability for slight negligence is excluded to the extent permitted by law.
B.9.2 GUIDED is not liable for damage arising from printing errors, technical errors or transmission errors, unless these are based on gross negligence or intent.
B.9.3 Liability for lost profit, indirect damage and consequential damage is excluded to the extent permitted by law.
Part C – Common Final Provisions
C.1 Data Protection
GUIDED processes personal data exclusively for the performance of the contract and within the framework of the statutory provisions (GDPR). Further details are governed by the privacy statement and the cookie policy. Insofar as data is provided in the course of a registration or inquiry, users warrant that this information is accurate and current.
C.2 Force Majeure
With the exception of payment obligations, a delay or failure to perform obligations under these Terms shall not be deemed a breach of contract insofar as and for as long as it is based on circumstances beyond the reasonable control of the party concerned (e.g. official measures, epidemics, war, natural disasters, prolonged disruptions in production or distribution). In cases of force majeure, there is no claim to damages, to the extent permitted by law. GUIDED will endeavor to offer a reasonable substitute or postponement date.
C.3 Assignment
Without our prior written consent, users or Participants may not assign or transfer their rights and/or obligations under these Terms, in whole or in part, to third parties. Any assignment in breach of this section is invalid.
C.4 Waiver
The failure to enforce a provision of these Terms or to exercise a termination/withdrawal option shall not be deemed a waiver of that provision and shall affect neither the validity of these Terms nor the right to enforce any provision at a later time.
C.5 Indemnification
Users or Participants shall indemnify us against all claims, liabilities, damages, losses and costs resulting from a breach of these Terms or applicable law – including intellectual property and data protection rights – and shall reimburse us for the associated expenses. The further indemnification under Section B.8.2 remains unaffected.
C.6 Breaches of These Terms
Without prejudice to our other rights, in the event of a breach of these Terms we may take appropriate measures, including the temporary or permanent blocking of access to the website and/or the initiation of legal action.
C.7 Severability
Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be adjusted, to the extent permitted by law, so that the purpose pursued by it is achieved as far as possible.
C.8 Written Form
Amendments and additions to these Terms must be made in writing.
C.9 Language
These Terms are provided in German and English. In the event of questions of interpretation, the German version shall prevail.
C.10 Entire Agreement
These Terms, together with the privacy statement and the cookie policy, constitute the entire agreement between users or Participants and Firma Bernhard Eder in relation to the use of this website and participation in GUIDED services.
C.11 Changes to These Terms
We may update these Terms from time to time. The date stated at the beginning is the last revision date. Changes take effect upon their publication on this website. Continued use of the website or continued participation after publication of changes shall be deemed acceptance of the amended Terms.
C.12 Governing Law and Jurisdiction
These Terms are governed exclusively by Austrian law. The place of performance and the exclusive place of jurisdiction for all disputes in connection with these Terms is Vienna.
C.13 Contact
This website and the GUIDED offering are operated by Firma Bernhard Eder. Contact in writing or by email: Firma Bernhard Eder, Pfeiffergasse 8, 1150 Vienna, Austria, hello@guided-shopping.at.