1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of

FILMED ON LOCATION e.U.
Zieglergasse 58-64/2
1070 Wien
E-Mail: info@filmed-on-location.com

apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the provider regarding the provider’s goods and services by means of distance selling. The inclusion of the customer’s own terms and conditions is hereby rejected.

A consumer is any natural person who enters into a legal transaction that is not attributable to the operation of their business. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in exercise of their commercial or self-employed professional activity. Joint-stock companies, limited liability companies, cooperative societies, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE), and European Cooperative Societies (SCE) are deemed entrepreneurs by virtue of their legal form.

2. Conclusion of Contract

2.1 The service descriptions contained in the provider’s online shop do not constitute binding offers on the part of the provider, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the provider’s webshop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding contractual offer with respect to the services contained in the shopping cart by clicking the button concluding the order process. After the order has been placed, the customer receives a separate, automated confirmation of receipt of their order(s). This confirmation does not yet constitute acceptance of the offer.

2.3 The provider can accept the customer’s offer within three working days by:

• sending the customer a written order confirmation or an order confirmation in text form (e.g., email), whereby receipt of the order confirmation by the customer is decisive, or

• requesting payment from the customer after submission of their order.

If both options apply, the contract is concluded at the earlier time. The period for accepting the offer begins on the day following the submission of the offer by the customer and ends at the end of the third working day following the submission of the offer. If the provider does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the online order form of the service provider, the contract text is stored by the service provider after the conclusion of the contract and sent to the customer in text form (e.g., email) after the customer has submitted their order.

Beyond this, the contract text will no longer be made available.

2.5 The languages available for the conclusion of the contract are German and English.

2.6 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the provider can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the provider or third parties commissioned by the provider with the order processing can be delivered.

3. Right of Withdrawal

3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract.

A distance contract is a contract between the provider and a consumer concluded without the simultaneous physical presence of the provider and the consumer, whereby exclusively means of distance communication (email, internet, telephone) are used up to and including the conclusion of the contract.

There is no right of withdrawal for online access to and/or streaming of audio tours, as there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision.

The right of withdrawal expires with the start of the streaming and/or retrieval of the audio files before the end of the withdrawal period if:

• You have expressly agreed that the execution of the contract begins before the end of the withdrawal period, and

• You have confirmed that you lose your right of withdrawal due to the early commencement of the contract execution, and

• The provider has provided the consumer with a copy or confirmation in accordance with § 7 (3) FAGG.

Further information on the right of withdrawal can be found in the provider’s withdrawal information.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the product or service description of the provider, the stated prices are total prices including statutory VAT.

4.2 The payment methods accepted by the provider can be found on our website.

5. Rights

All copyrights and exploitation rights to the audio tours remain with the author.

6. Warranty / Liability

6.1 The statutory warranty provisions apply.

If the customer is acting as an entrepreneur:

• an insignificant defect does not generally give rise to warranty claims,

• the provider has the right to choose the type of defect remedy,

• the limitation period does not start anew if a replacement delivery is made under warranty.

If the customer is acting as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations stipulated therein, the goods or services shall be deemed approved.

6.2 The provider’s liability for slight negligence is excluded, unless personal injury is involved. These liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

7. Place of Jurisdiction / Applicable Law

7.1 All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with habitual residence in the EU, this choice of law only applies insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

7.2 In relation to entrepreneurs, the court with subject-matter jurisdiction at the provider’s registered office shall be agreed as the exclusive place of jurisdiction.

7.3 The place of performance is the registered office of the provider.