Terms and conditions for website and shop
Terms and Conditions (GTC)
www.wienerviertelsblatt.at
As of: October 2020
The General Terms and Conditions are divided into two sections.
Section A regarding the website and the shop
Section B additionally only concerning the shop
Right of withdrawal (Annex 1)
Section A concerning the website and the shop
1 scope
2 Content/service offering of the operator
3 Login/Registration
4 Copyright/Rights to Content
5 Data protection of personal data
6 User Obligations
7 Responsibility for user-generated content
8 Rights of use/rights to posted works
9 Disclaimer of liability of the operator
10 Termination or violation of the General Terms and Conditions
11 contact
1 scope
1.1 The following conditions apply to all users (hereinafter “users”) of the platform of “www.wienerbezirksblatt.at” (hereinafter “platform”) and the services offered on this platform (including all associated subdomains). The platform is operated by WIENER BEZIRKSBLATT GmbH, Media Quarter Marx 3.2
Maria-Jacobi-Gasse 1, 1030 Vienna (hereinafter “operator”).
1.2 These General Terms and Conditions (hereinafter “Terms and Conditions”) provide
represents the legally binding basis for the use of the platform 'www.wienerbezirksblatt.at'. Conditions that conflict with or deviate from these General Terms and Conditions do not apply and are only considered agreed if they have been expressly confirmed in writing by the operator.
1.3 By using the wienerbezirksblatt.at service, the user accepts these terms and conditions as binding. When registering, the user has the opportunity to take note of the terms and conditions. As part of the usage relationship between the operator and the user, the General Terms and Conditions apply even if the validity of the General Terms and Conditions is not expressly referred to again when using other operator services.
1.4 The terms and conditions are subject to constant monitoring, which may result in adjustments and improvements. The operator therefore reserves the right to change these terms of use at any time and without giving reasons. The operator will inform the users in a timely manner about the changes in force
Please inform us about the terms of use. Users will be informed of any changes on the homepage (http://www.wienerbezirksblatt.at) (and, if necessary, by email). The change is deemed to be accepted by the user if he does not object to the change within one month of receipt of the change notice.
1.5 If the user objects to the validity of the new terms and conditions, the operator can terminate the existing usage relationship with immediate effect, excluding any claims for damages by the user, and delete all data stored under the user's profile.
2 Content/service offering of the operator
2.1 The operator provides users with an information and communication platform with a social network, a map application, a rating system, a search engine as well as other data, photos, texts, videos, graphics, etc. (hereinafter “content”). All of this content is tailored to each user
of these terms of use are freely accessible for private purposes.
2.2 The so-called “community area” of the platform offers users the opportunity to be interactive and to upload their own contributions, photos, videos, etc. to wienerbezirksblatt.at, e.g. by writing comments, ratings, contributions, and uploading images , videos (hereinafter “user-generated content”) – or to take part in competitions. Information is available on wienerbezirksblatt.at
Services, locations and events are offered, including from the areas of politics & current affairs, culture & experience, food & drink, service & authorities as well as city & people and their subdirectories.
2.3 All information from individual users (profiles) is stored in a central database of the operator. Good manners must always be maintained between users. Pretending to be someone else's identity as well as offensive, derogatory, sexist and racist statements are prohibited on wienerbezirksbezirbslatta.at (see Community Rules).
2.4 The provider is free to design the content and is entitled to change, restrict, expand or completely discontinue the offers on the portal at any time.
2.5 The operator provides its services free of charge – unless expressly stated otherwise.
3 Login/Registration
3.1 In principle, all users are entitled to access and participate.
3.2 Every user who wants to use the services of wienerbezirksblatt.at without restrictions must register on the platform.
3.3 Registration on wienerbezirksblatt.at is free of charge. Only one registration is permitted per person. Registration is not transferable to third parties.
3.4 For those areas in which users can publish their own contributions, a one-time registration is required, providing personal data (user name, password, email address, etc.) and acknowledging these General Terms and Conditions and Community Rules. For registration, the operator has a registration form available (under the Registration section) which the user must fill out.
3.5 Username and password can be freely chosen by the user. The user assures that all personal data provided by him to the operator is true, complete and only describes the user himself. This also applies to photos of yourself. The use of pseudonyms, nicknames or stage names is not permitted on wienerbezirksblatt.at.
3.6 By sending the registration form (and the associated activation of his account by clicking on the activation link in the activation email sent), the user declares his consent to the use of the contents of the platform and its user community.
3.7 For each subsequent use, the user must log in with the user data (user name and password) assigned during the initial registration.
3.8 The user undertakes not to make the access data assigned during registration accessible to third parties. The user is obliged to keep his access data confidential. If the user becomes aware of misuse of his login, he must immediately inform the operator (redaktion@wienerbezirksblatt.at) and change his password in order to prevent access by unauthorized persons. The operator assumes no liability for damage resulting from unauthorized or improper use
password-protected logins of the user result.
3.9 The operator does not guarantee the veracity of the content that users make when registering and using the platform. The operator does not check the data for truthfulness or legality.
3.10 Any user who is resident in Austria is eligible to participate in competitions. The operator is entitled to restrict the group of people eligible to participate in certain competitions (e.g. age restriction from 18 years). This is pointed out separately in the respective terms and conditions of participation. Each user may only participate once and must provide an email address and/or postal address. The operator reserves the right to disqualify and exclude participants from the raffle who tamper with or attempt to tamper with the conditions of participation, the system and/or the raffle/pages and/or violate the conditions of participation or public decency and/or otherwise attempt to influence the raffle in an unfair and/or dishonest manner. Unless otherwise announced, the winners will be determined after the competition has concluded and notified by email. The prize is not transferable to third parties. A cash payment of the winnings and legal action are excluded. By participating, the user agrees that his full name, place of residence/district will be published in the WIENER BEZIRKSBLATT or on http://www.wienerbezirksblatt.at
can be published.
3.11 The contract for the use of the platform's services begins with the activation of the user's access or the transmission of the access data (confirmation of the link provided in the registration/activation email). The user has no right to activation of access to wienerbezirksblatt.at.
4 Copyright/Rights to Content
4.1 The operator is entitled to all copyrights and other intellectual property rights and rights of use to the pages of the platform, including layout and certain content.
4.2 The content made accessible by the operator via the portal may only be used by users for their own personal purposes. Any use of content for commercial purposes is prohibited. Archiving may only be used for the user's private and internal purposes and may therefore not be accessible to third parties.
4.3 Copyright notices and/or brand names and/or other reservations of rights in the content may neither be changed nor deleted. The user is obliged to ensure recognition of authorship.
4.4 After successful registration, users are expressly permitted to enter their own content in the designated places on the portal. However, users expressly do not have a right to publish their contributions (generally or for a specific period of time). The operator therefore has the right at any time to edit user-generated content, change the formatting, adjust the quality of the display, shorten content or delete content in whole or in part.
User-generated content does not come from the operator and is not published on behalf of the operator. The operator does not adopt their content as its own and expressly distances itself from all user-generated or otherwise visibly external content, i.e. not originating from the operator.
5 Data protection of personal data
5.1. The operator attaches great importance to the sensitive and responsible handling of users' personal data.
5.2 By using the platform, the user agrees to the collection and use of his registration data and certain other data by the operator (if specified in the general terms and conditions or community rules).
5.3 The operator collects, uses and processes the user's personal data during the contractual relationship (from the time of registration) without further express consent from the user only for the purposes of contract processing. Data collection, use and processing takes place electronically. The user is advised that the operator is responsible for identifying and eliminating errors
or technical malfunctions is entitled to collect, use and process the user's inventory and connection data if this is necessary.
5.4 The operator points out to the user that the protection and security of data transmissions on the Internet cannot be guaranteed XNUMX percent. The user is aware that the Internet service provider can view the page offerings stored on the web server from wienerbezirksblatt.at and, if necessary, other user data stored there at any time from a technical perspective
can. Other participants (hackers, etc.) on the Internet may also be technically able to intervene in network security without authorization. The user bears the full duty of care to ensure the security of his access data.
5.5 The user can view and change the profile data stored on the platform at any time. A complete deletion will only take place after a request has been sent to the operator at redaktion@wienerbezirksblatt.at. However, due to technical circumstances, this data will only be available with the next database update
permanently removed.
5.6 The operator uses log files and Google Analytics (a web analysis service from Google Inc.). Google Analytics uses so-called “cookies”, which are text files that are stored on the user’s PC and which enable the user’s use of wienerbezirksblatt.at to be analyzed. Google uses this information to evaluate the use of the platform, to compile reports on website activity for the operator and to provide other services related to website activity and internet usage.
5.7 The user can refuse the installation of cookies by not clicking during registration. By using the platform, the user agrees to the processing of the data collected about him by Google in the manner and for the purpose described above. Further information on data protection law can be found on the website of the Austrian Data Protection Commission at: http://www.dsk.gv.at
6 User Obligations
6.1 The platform wienerbezirksblatt.at may only be used in accordance with these General Terms and Conditions.
6.2 “Users” are understood to mean anonymous and registered users of the wienerbezirksblatt.at portal. These can be consumers and/or entrepreneurs. Anonymous users are those who have not registered on wienerbezirksblatt.at. Compared to registered users, these only have limited usage options
available to the platform.
6.2 The operator provides users with personal access (account) to the services provided. This is protected from access by unauthorized persons by an access control system (user name and password). The access control system gives the user access to their personal profile, which also contains personal data such as name, address, etc.
6.3 It is forbidden to edit and/or change the software etc. provided by the operator for the portal or to take any actions that could impair the functionality of wienerbezirksblatt.at.
6.4 The user may not post any content on the platform beyond the content intended for users on wienerbezirksblatt.at. The user must observe the categorizations, format specifications, technical requirements, etc. defined for each individual.
6.5 The user is obliged to keep reviews, opinions, criticism, etc. factual and objective. The reviews or expressions of opinion must not contain any self-promotion or unobjective or even misleading third-party advertising (spam) (see Community Rules). It is also prohibited to post contributions that violate the principles of data security (e.g. contributions containing viruses, worms, Trojans, etc.).
6.6. The user is obliged to inform the operator immediately at redaktion@wienerbezirksblatt.at if he becomes aware of disruptions in communication operations, restricted usage options or other unusual occurrences.
7 Responsibility for user-generated content
7.1 The user is solely legally responsible for the content he posts and must ensure that no illegal or immoral content is included or that the inclusion of such content is made possible, that such content is stored, distributed, made accessible or that an offer with such content is referred to or is linked.
7.2 In particular, it is expressly prohibited to include and/or distribute racist, pornographic, violence-glorifying or trivializing content or immoral content. Distribution that impairs or endangers the development or upbringing of children or young people or violates human dignity or other legal interests protected by the Criminal Code is also prohibited. The user is not allowed to call for criminal offenses (see also community rules).
7.3 The operator assumes no responsibility for the truthfulness and legality of the content, links, photos, videos, etc. posted by users.
7.4 The user undertakes to the operator to use it lawfully. He undertakes to only use the platform in a manner that does not violate the General Terms and Conditions, the Community Rules or applicable Austrian law.
7.5 For the most part, the information that is available to the user when using the platform is the intellectual property of others and is protected by copyright, trademark or other property rights. All information that the user enters on the platform or receives or transmits using wienerbezirksblatt.at must be released for these purposes. The user may not infringe the copyrights, trademarks or other intellectual property rights of third parties by using wienerbezirksblatt.at and must, if necessary, check the admissibility.
8 Rights of use/rights to posted works
8.1 The user receives the right to use the platform in accordance with these General Terms and Conditions.
He receives a simple right of use to the services of wienerbezirksblatt.at.
8.2 By posting his contribution (text, image, video, comment, etc.) on the platform, the user grants the operator the right to publish and/or have published this (contribution) free of charge and without any time or space restrictions to distribute and/or have distributed, as well as to otherwise make it accessible to third parties.
8.3 The user agrees that the operator can edit the content he has posted, change the formatting, adjust the quality of the display and shorten the content.
8.4 By posting his contribution, the user guarantees that he can dispose of the granted rights and that these rights are not already being disposed of in a way that could affect the operator's above-mentioned rights of use. When posting images or videos, the user warrants that everyone on them
identifiable persons have agreed to the publication.
9 Disclaimer of liability of the operator
9.1 The content and information provided by the operator have been generated with the greatest possible care. No guarantee is given for the completeness or accuracy of content in individual cases. There is no liability for any printing and/or reproduction errors or interim changes
adopted.
9.2 The operator assumes no liability for the accuracy of the content generated by the users, as well as photos, videos, personal data, links, etc. and does not check them. The operator expressly distances itself from the content of the published publications and links.
9.3 The operator is not liable for any misuse of information by users or third parties. The operator expressly reserves the objection of contributory negligence on the part of the user.
10 Termination or violation of the General Terms and Conditions
10.1 Membership on the platform is unlimited in time. It ends when the user contract is terminated by the user or the operator. Both sides can terminate the free user agreement at any time by sending an email to the operator without giving reasons.
10.2 In the event of violations of these General Terms and Conditions, the operator has the right to delete the affected user's content and contributions, block their access, exclude the user from further use of the portal in whole or in part or terminate the user agreement without notice. The operator reserves the right to regularly check users' compliance with the General Terms and Conditions (and Community Rules). The operator does not undertake any such obligation towards the users
Examination.
10.3 If the user violates his obligations under these General Terms and Conditions, he is also obliged to reimburse the expenses incurred by the operator and to hold the operator harmless upon first request from third-party claims for damages and reimbursement of expenses caused by the violation. This also applies if the damage is caused by third parties, as long as this is attributable to the user. There is no obligation to pay compensation unless the user is at fault.
11 contact
If you have any questions, requests, problems or suggestions, please contact the wienerbezirksblatt.at editorial team at redaktion@wienerbezirksblatt.at.
Section B also concerns the shop
- validity
All deliveries, services and offers are made exclusively on the basis of these terms and conditions; Conditions of the customer that conflict with or deviate from these will not be recognized unless their validity is expressly confirmed in writing.
II. Conclusion of contract
The sales and delivery contract is concluded between the customer and the named delivery partners. Orders via this web shop can only be accepted by legally competent customers residing in the Republic of Austria. By clicking the “Send order” button at the end of the ordering process, the customer submits a binding offer. Receipt of the order will be confirmed by email (order confirmation). However, a contract for the delivery of the ordered goods is not concluded through this order confirmation, but rather only through an express order acceptance or through the delivery of the ordered goods.
Goods are only sold in normal household quantities.
III. right of withdrawal
The customer has a right of withdrawal regarding the respective purchase contracts. Further explanations can be found in the cancellation policy in Appendix 1.
- Prices and shipping costs
All prices stated in the web shop are final prices in euros including the applicable sales tax.
Any transport costs will be charged separately and shown separately in the shop or with each order.V. Delivery
Delivery is carried out either by Wiener Bezirksblatt GmbH, Maria-Jacobi-Gasse 1. 1030 Vienna, ATU 65709806, FN 346359 b, (“WBB” for short) or by dealers or manufacturers (external providers – EA for short) who supply their products list in the shop, to an address specified by the customer. For products that are not delivered by WBB, the respective EA is mentioned in the product description. All EAs have acceded to these General Terms and Conditions and the GDPR provisions of the WBB as part of a data processing agreement.
VI. payment
Sales and delivery only take place against advance payment (payment methods in the shop as stated).
The electronically transmitted invoice is issued by Wiener Bezirksblatt GmbH (WBB), which also collects the purchase price and shipping costs for EA. Payment can only be made to Wiener Bezirksblatt GmbH (WBB) to discharge the debt. However, the customer only enters into a contractual relationship with the specified delivery partner.
WBB requests its customers never to send credit card details with their own emails, but rather to only enter credit card details on the secure pages of the webshop provided for this purpose.
VII. Late payment
In the event of late payment, the customer will be charged default interest at the statutory rate.
VIII. Retention of title
The delivered goods remain the property of WBB or EA until all relevant invoice items have been paid in full.
IX. warranty
If the ordered goods are defective, the customer has the choice between improving or replacing the goods in accordance with the statutory warranty provisions. WBB and EA are entitled to refuse the chosen remedy if it is impossible or involves a disproportionate amount of effort.
If an improvement is not possible or feasible, the customer can request a price reduction or, if the defect is not just a minor defect, a cancellation of the contract.
If items handed over or delivered obviously have material or manufacturing defects, including transport damage, you are requested to report such defects immediately.
X. Liability for links
The offer in the web shop contains links to external Internet sites over whose content WBB and EA have no influence. The respective provider is therefore responsible for the content of the linked pages. If legal violations become known on linked pages, WBB asks the users of the web shop for help in order to be able to remove the link if necessary.
- Intellectual Property Rights
The intellectual property rights for our own content (e.g. graphics, sounds, texts, databases) lie with WBB, third parties or commissioned third parties. Reproduction or distribution of this content in other (including electronic or printed) publications or use is not permitted without express consent.
The publications in the webshop are subject to Austrian copyright law. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author. Third party contributions are marked as such. Downloads and copies of this page are only permitted for private and not for commercial use.
XII. Data protection and data safety
1. The data provided by the customer when placing the order will be transferred and stored electronically. The data provided by the customer will not be passed on to third parties without the customer's express consent, which can be revoked at any time. Excluded from this is the transfer to third parties commissioned with the technical processing of the order or the delivery of goods or sending newsletters.
2. The customer can give his consent to the transfer of personal data to those specified in point XII. Paragraph 1. can be revoked at any time by email to or by letter to the email address provided in the shop.
3. Access data is saved every time a file is requested in the web shop. The data stored above is evaluated exclusively for statistical purposes; a transfer to not in point XII. third parties mentioned, even in excerpts, do not take place.
4. When files are accessed on the website, data is stored on the customer's computer in so-called cookies. This makes using the website quicker and more convenient for the customer. If the customer does not allow cookies on his computer, the user-friendliness may be limited.
5. Within the scope of what is legally permissible and taking into account the respective interests worthy of protection, data may be exchanged with relevant providers for creditworthiness and credit checks. The data is treated as strictly confidential and in accordance with legal requirements.
XIII. Change of address
The customer is obliged to announce changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they are sent to the last announced address.
XIV. Applicable law
The law of the Republic of Austria applies exclusively to all claims arising from this contract, excluding private international law and the UN Convention on Contracts for the International Sale of Goods.
- Dispute resolution/arbitration board
To resolve disputes with consumers, we are prepared to participate in a dispute resolution procedure before a consumer arbitration board. The responsible consumer arbitration board is:
Arbitration for consumers
Website: https://www.verbraucherschlichtung.at
In the event of a dispute, we will take part in a dispute resolution procedure before this body.
XV. Final provisions
If individual provisions of these General Terms and Conditions are or become legally invalid, this will not affect the effectiveness of the remaining provisions.
Cancellation policy (Appendix 1)
Right to cancel
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must provide [name, address, order number and, if available, telephone number, fax number and email address] by means of a clear statement (e.g. a letter sent by post, fax, email, Online cancellation form) about your decision to cancel this contract. You can use the attached sample cancellation form as a template, although this is not mandatory.
As a service, we also offer an online cancellation form in our shop that you can simply fill out and send.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Exclusion of the right to cancel
Unless the parties have agreed otherwise, the right of cancellation does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded,
Contracts for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
Consequences of withdrawal
If you cancel this contract, we will have to pay you all payments we have received from you, including any delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
You must return or hand over the goods to the goods suppliers (WBB or EA) immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Refund Request Form Template
(If you would like to cancel the contract by letter, fax or email, please provide the following information as described below and send it to the address below. As a service, we also offer an online cancellation form in our shop that you can simply fill out and send.)
To:
Vienna District Gazette GmbH
Maria-Jacobi-Gasse 1
1030 Vienna / Austria
Or
to the respective EA
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
- Ordered on (*) / received on (*)
- Name of consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in the case of a communication on paper)
Date
_____________________
(*) To be completed or delete what is not applicable.
VIENNA BEZIRKSBLATT GmbH
Media Quarter Marx 3.2
Maria-Jacobi-Gasse 1,
1030 Vienna / Austria
T +43 (1) 524 70 86,
F +43 (1) 524 70 86–903,
M redaktion@wienerbezirksblatt.at, www.wienerbezirksblatt.at
FN 73819 h | Vienna Commercial Court | Bank Austria, Vienna: 00610713000, bank code: 12000