The SILKROAD 4.0 website (www.silkroad40.com) is operated by Boteillier Group.
Philipe Reinisch, Ph.D.
Austria / Europe
UID Number: ATU68406414
All SILKROAD 4.0 Services are governed by Philipe Reinisch, Ph.D.
ORDINARY TERMS AND CONDITIONS (Allgemeine Geschäftsbedingungen)
§1 VALIDITY AND CONCLUSION OF CONTRACT
1.1. The sole proprietorship / one-person enterprise (Einzelunternehmen) Philippe Reinisch, Ph.D. (hereafter "the company") provides its services, unless otherwise specified in writing, on the basis of the following General Terms and Conditions. These apply to all legal relationships between the company and the customer, even if not expressly referred to.
1.2. In each case, the valid version at the time of the conclusion of the contract is decisive.
1.3. Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions and the contracts concluded on their basis.
1.4. Our offers are always non-binding and subject to negotiation. Decisive for the conclusion of the contract is a written order acceptance. For the scope of the order our order confirmation alone is authoritative. Subsequent additions, amendments or other ancillary agreements require our written confirmation in order to be valid.
2.1 The agreed prices are net prices in Euro. The prices include VAT in the respective statutory amount in relation to the billing jurisdiction and origin.
3.1 Payment is due within ten days (10) of your receipt of invoice without deduction for late payment, unless in individual cases special terms of payment are agreed in writing. This also applies to the refunding of any cash outlay, travel expenses and other expenses.
3.2 In the event of default of payment by the customer, the statutory default interest shall apply in the amount applicable to business transactions. Furthermore, in the event of late payment, the customer undertakes to reimburse the company for any dunning and collection expenses incurred, insofar as they are necessary for the purpose of legal pursuit. In any case, this includes the costs of two letters of formal notice amounting to at present € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
3.3 In the event of late payment by the customer, the company may immediately forfeit all services and partial services rendered in the context of other contracts concluded with the customer.
3.4 Furthermore, the company is not obliged to provide further services until the amount due has been paid (right of retention). The obligation to pay remuneration remains unaffected.
3.5 If payment has been agreed in instalments, the company reserves the right, in the event of non-timely payment of instalments or ancillary claims, to demand immediate payment of all outstanding debt (loss of time).
3.6 The notice period for one of the services is 3 months. If the service is not canceled, it will automatically renew at the beginning of the following month.
3.7 The cancellation fee for an order is 30% of the price of the service.
3.8 The customer is not entitled to set off its own claims against claims of the company unless the customer's claim has been recognized in writing by the company or judicially determined.
§4 THIRD-PARTY SERVICES
4.1 The company is entitled, at its own discretion, to perform the service itself, to use knowledgeable third-party assistants as vicarious agents in rendering contractual services and / or to substitute such services ("third-party service").
4.2 The commissioning of third parties as part of a third-party service takes place either in the customer's own name or on behalf of the customer. The company will carefully select that third party and ensure that it has the required professional qualifications.
4.3 The customer must enter into obligations to third parties that extend beyond the contract period. This also applies in the case of termination of the agency contract for good cause.
§5 LIABILITY AND PRODUCT LIABILITY
5.1 In cases of slight negligence, the company and its employees, contractors or other vicarious agents ("people") are excluded from liability for damage to property or assets of the customer, irrespective of whether direct or indirect damage, loss of profit or consequential damage, damages due to delay, impossibility, positive breach of contract, culpa in contrahendo, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. As far as the liability of the company is excluded or limited, this also applies to the personal liability of their "people".
5.2 Any liability of the company for claims against the customer based on the performance of the company (e.g. advertising) is expressly excluded if the company has complied with its obligation to notify or if it was not identifiable, whereby slight negligence does not hurt. In particular, the company is not liable for litigation costs, the client's own lawyer's fees or costs of publishing judgments as well as for any claims for damages or other claims of third parties; the customer must indemnify and hold the company harmless.
5.3 Claims for damages of the customer expire in six months from knowledge of the damage; but in any case after three years from the act of infringement of the company. Claims for damages are limited in amount to the net order value.
§6 SOCIAL MEDIA CHANNELS
§ 7 EARLY DISSOLUTION
7.1 The company is entitled to terminate the contract for important reasons with immediate effect. An important reason exists in particular if:
a) the execution of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days.
b) the customer continues, in spite of a written warning with a grace period of 14 days, against material obligations arising from this contract, such as payment of a due amount or duty to cooperate violates.
c) there are legitimate concerns about the creditworthiness of the customer and the latter does not make any advance payments at the request of the company or provide adequate security before the performance of the company.
7.2 The customer is entitled to terminate the contract for important reasons without granting a grace period. An important reason exists in particular if the company continues to violate essential provisions of this contract despite a written reprimand with a reasonable grace period of at least 14 days to remedy the breach of contract.
The customer agrees that his personal data, namely name / company, occupation, commercial register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, VAT number) for the purpose of contract performance and support of the customer as well as for own advertising purposes, for example for the sending of offers, advertising leaflets and newsletters (in paper and electronic form), as well as for the indication of the customer existing or former business relationship (reference note) automated supported determined, stored and processed. The client agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent may at any time be made in writing by e-mail.
§9 APPLICABLE LAW
The contract and all derived reciprocal rights and obligations as well as claims between the company and the customer are subject to Austrian substantive law to the exclusion of its reference standards and to the exclusion of UN sales law.
§10 PLACE OF FULFILMENT AND JURISDICTION
10.1 Place of performance is the seat of the company. Upon shipment, the risk passes to the customer as soon as the company has handed over the goods to their chosen carrier.
10.2 The place of jurisdiction for all disputes arising between the company and the customer in connection with this contractual relationship is the court of competent jurisdiction for the seat of the company. Regardless, the company is entitled to sue the customer at its general venue.
10.3 Insofar as names referring to natural persons in this contract are given in masculine form only, they refer to women and men in the same way. When applying the term to certain natural persons, the gender-specific form must be used.