Terms & Conditions
General Terms and Conditions for G. Ads Agentur
Welcome to G. Ads Agentur web page and e-commerce system (the “Web Page”). We operate the website www.gadsagentur.at
General
These general terms and conditions apply between G. Ads Agentur and users of the Web Page as set out below, and/or a Customer that purchases products with reference to these general terms and conditions in quotation, order acknowledgement, invoice, price list and/or similar documentation.
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These general terms and conditions comprise:
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(a) The conditions applying between G. Ads Agentur and all users of the Web Page in section A below the “Terms of Use”;
(b) The conditions applicable to purchases of products through the Web Page which are set out in section B below (the “Conditions of Sale”); and
(c) The Terms of Sale set out in Section C below (the “Terms of Sale”). The Terms of Sale apply with the Conditions of Sale to all purchases of products through the Web Page.
All users of the Web Page who in addition are purchasers of products through the Web Page are subject to the Terms of Use, the Conditions of Sale and to the Terms of Sale jointly or to whichever of them may be applicable. These are jointly referred to as the “General Conditions”.
You should print a copy of these General Conditions for future reference. G. Ads Agentur however reserves the right to change the General Conditions from time to time and any orders placed will be subject to the General Conditions then in force.
A. TERMS OF USE
1. Users
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To access the Web Page, users must have been registered with the G. Ads Agentur Web Page system as a user (the ”User”). Users are granted different levels of access rights to the Web Page. Thus, certain Users may only access information on the Web Page, while other Users representing a G. Ads Agentur customer may purchase products through the Web Page. The Terms of Use apply to all Users, regardless of their level of access rights.
2. Access to the Web Page and information on the Web Page
G. Ads Agentur aims to have the Web Page accessible without disruptions, and that transfers of information within or to and from the Web Page shall be error free. However, G. Ads Agentur provides no guarantee in this respect. Thus, from time to time the Web Page may be unavailable or subject to limited access due to planned or unplanned downtime, repairs, maintenance, updates or in connection with launches of new functionality, services or the like. G. Ads Agentur aims to limit downtime as well as restrictions of access to the Web Page.
It is the ambition of G. Ads Agentur to keep the information on the Web Page accurate and up-to-date, but G. Ads Agentur cannot guarantee that the information is complete, accurate and up-to-date. The User is aware that the information on the Web Page, such as prices and availability of products for delivery, is subject to continuous changes. Thus, G. Ads Agentur accepts no liability for the Web Page not working satisfactorily or for the information on the Web Page not being complete, accurate or up-to-date. Further, G. Ads Agentur is not liable for any damage or disruption arising out of or caused by viruses, worms or other harmful software that is transferred through the use of the Web Page.
On the Web Page, there may be links to other web pages and sources of information that are located outside the Web Page. G. Ads Agentur is not responsible for the availability of these external web pages or sources of information, and G. Ads Agentur neither supports nor approves, and assumes no responsibility for, information and other material on or from these web pages or sources of information.
3. User account and password
The password chosen by the User when logging on to the Web Page for the first time must be unique and shall be kept confidential. The right to the User’s user account(s) may not be transferred.
The password shall never be disclosed to an unauthorized person or be put into writing such that an unauthorized person misleadingly can appear to G. Ads Agentur as the User. The User undertakes to take necessary precautions to prevent unauthorized transfer of the User’s password and the User assumes full liability for any activity that occurs under the User’s account. Further, the User undertakes to hold G. Ads Agentur harmless against any and all claims against G. Ads Agentur, regardless of their nature, arising out of unauthorized use of the User’s password. The User shall immediately notify G. Ads Agentur of any unauthorized use of the User’s password as well as upon suspicion that an unauthorized person has gained access to the password or upon the occurrence of any other circumstance where there is a risk that the conditions for the use of the Web Page might be abused or breached.
4. Unauthorized use
If the Web Page and/or the User’s password is/are used in violation of these General Conditions, G. Ads Agentur is authorized to immediately terminate the User’s access to the Web Page and, with respect to customers, immediately stop delivery of placed orders.
5. Personal data and cookies
5.1 Personal data
G. Ads Agentur is the data controller for any processing of the User’s personal data within the scope of and related to the User’s user account and the use of the Web Page under these General Conditions.
The processing relates mainly to personal data voluntarily transferred to G. Ads Agentur by the User upon registration of a user account or which is registered upon purchases of products through the Web Page. G. Ads Agentur processes the User’s personal data for the purposes of administering the customer relationship, administration and fulfilment of agreements on purchases through the Web Page or for fulfilling other requirements as set out by applicable laws and regulations, as well as to provide information through advertising to the User on products and services of G. Ads Agentur, the Sandvik group and selected partners. Personal data might be processed by other companies in the Sandvik group as well as by co-operating companies on behalf of G. Ads Agentur in countries both inside and outside the EU and/or EEC.
By accepting these General Conditions, the User approves the registration, processing and transfer as described above.
As required by the Data Protection Acts 1984 and 1998 and in accordance with the Data Protection principles set out in Schedule 1 to the Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information you have given us, in order to prevent, as far as possible, any unauthorized access. However, due to the nature of the medium, we are unable to provide any guarantee that information stored by us will not be subject to unauthorized access. Our security procedures mean that we may request proof of identity before we are able to disclose sensitive information to you. G. Ads Agentur does not assume any responsibility for the privacy practices or the contents of external websites which are linked to this site.
If the User requires information on personal data relating to the User processed by G. Ads Agentur, the User is entitled to request a written report thereon from G. Ads Agentur once per year. Such a request, as well as requests for correction of personal data processed by G. Ads Agentur, shall be sent to the following email address: g.ads.agentur@gmail.com
5.2 Cookies
The Web Page uses cookies. A cookie is a small amount of information sent from the Web Page and stored by the User’s web browser. The cookie contains information needed for the Web Page to interact with the User’s web browser and to facilitate customization of the content on the Web Page.
There are two kinds of cookies: session cookies and permanent cookies. Session cookies are deleted when the User closes the web browser and are thus not saved. Permanent cookies, however, are saved on the User’s computer for a longer period.
The Web Page uses both session cookies and permanent cookies in order to ensure that the User has logged on to the Web Page and to avoid that the User has to log on to every new page that is visited. Further, cookies are used to keep track of products put in the “shopping cart” by the User. Cookies are also used to customize G. Ads Agentur services such that the User receives relevant advertising and for the purpose of customizing the services to user preferences and access rights.
By accepting these General Conditions, the User accepts that cookies are used as described above. If the User no longer wishes to accept the use of cookies, the computer’s web browser can be set automatically to prevent cookies being saved or to alert the User each time a web page requests to store a cookie. Cookies which have already been saved can be deleted through the web browser. For further information, please see the web browser’s help section. The Web Page can be used while not accepting cookies, but only with limited functionality.
6. Confidentiality
Any information made available by G. Ads Agentur on the Web Page or otherwise in accordance with these General Conditions is “G. Ads Agentur Confidential Information”. The User undertakes to use the G. Ads Agentur Confidential Information only in connection with the use of the Web Page, and not to transfer or otherwise disclose G. Ads Agentur Confidential Information to third parties.
7. Intellectual property rights
All intellectual property rights relating to the design and structure of the Web Page, as well as to information and content on the Web Page, are the property of G. Ads Agentur (or of a third party). Nothing in these General Conditions shall be construed as being a transfer of, or grant of license to, any copyright, trademark, design, know-how or other registered or unregistered intellectual property.
8. Invalidity
If a competent court of law should find that a provision of these General Conditions violates law, or otherwise is invalid or unenforceable in any way, the remaining provisions hereof shall remain in force to the extent that such provisions reasonably can be held to reflect the parties’ intentions, and each invalid or ineffective provision shall be deemed to be amended, supplemented or limited only to the extent required to make it valid and enforceable.
9. Amendments
G. Ads Agentur reserves the right at any time to amend the information and content on the Web Page including these General Conditions. If G. Ads Agentur amends these General Conditions, the User must accept the amended General Conditions in order to gain access to continued use of the Web Page.
B. CONDITIONS OF SALE
10. Customers
Only customers approved by G. Ads Agentur and registered in G. Ads Agentur customer data base (each a ”Customer”) may purchase products through the Web Page. For new customers not wishing to purchase using a credit card, a credit check will be made prior to registration and an approved credit check is a pre-condition for registration. Only business customers (not consumers) may purchase products through the Web Page.
Upon registration of the Customer’s user account, the Customer confirms and approves that it has read and accepts these General Conditions. Following such acceptance, the Conditions of Sale will apply to each order that the Customer places through the Web Page. With respect to amendments to the General Conditions, please refer to Section 9 above.
11. Use of user account
The Customer is allowed to register one or several Users for the Web Page. G. Ads Agentur will assign each User a user account and a user-ID.
Any User who logs on to the Web Page using the Customer’s password acts on behalf of the Customer, and the Customer represents and warrants to G. Ads Agentur that each and every User is authorized to use the Customer’s user account(s) and the Web Page on the Customer’s behalf. The use of the password is deemed to be a guarantee for, and confirmation of, the User’s authority to represent the Customer. The password is deemed to be the Customer’s signature for use of the Web Page which G. Ads Agentur may rely on without any further enquiry.
C. TERMS OF SALE
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12. Terms of Sale and time for delivery
13. The Terms of Sale apply to the delivery of products purchased through the Web Page, unless otherwise has been agreed in a separate valid written agreement between G. Ads Agentur and the Customer and the User’s attention is drawn to condition 4 of the Terms of Sale as to time for delivery. Precedence
In the event of conflicting provisions between the Delivery Conditions and the General Conditions (excluding the Delivery Conditions) and/or any possible separate written agreement between G. Ads Agentur and the Customer, the following order of precedence shall apply:
(i) separate agreement between G. Ads Agentur and the Customer,
(ii) the Terms of Use
(iii) these General Conditions,
(iv) the Terms of Sale
14. Business customers
The Web Page is only open for sale of products to business customers. Consumers are referred to G. Ads Agentur retailers (a list of these is available at G. Ads Agentur global web page, www.gadsagentur.at).
15. Orders and confirmations
An order placed through the Web Page is binding on the Customer. G. Ads Agentur reserves the right to decline any order. The Customer is aware that the Web Page system will submit online queries to the G. Ads Agentur order management system and that information provided to the Customer in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the product. Furthermore, the Customer’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by G. Ads Agentur.
The G. Ads Agentur Web Page system will not automatically send an order confirmation. If the Customer requires an electronic order confirmation, the Customer may contact G. Ads Agentur customer service separately (contact information is available on G. Ads Agentur global web page, www.gadsagentur.at).
16. Price and payment
The price for the products from time to time is as stated on the Web Page.
Where the User has an approved credit account with G. Ads Agentur, the User may elect to pay either by using the credit account or by any of the credit or debit cards listed below. If the User elects to pay by using its credit account he or it shall pay within the agreed payment terms set out in the Terms of Sale.
All payments other than payments by Users with an approved credit facility must be by credit card. G. Ads Agentur accepts payments with credit or debit cards issued by visa and MasterCard [and American Express].
17. Written communications
By using this Web Page you accept that communications between the User and G. Ads Agentur will be mainly electronic. G. Ads Agentur will contact the User by email or provide the User with information by posting notices on its Website. For contractual purposes G. Ads Agentur and the User agree to this electronic means of communication and acknowledge that all contracts, notices and information and other communications provided electronically will be deemed to satisfy any legal requirements that such communications be in writing. This condition does not affect any statutory rights of the User and does not prohibit either G. Ads Agentur or the User communicating in writing. Communication by fax will not be accepted.
18. Notices
All notices given by the User to G. Ads Agentur must be sent to the address specified in clause 5.1 of the Terms of Use. G. Ads Agentur may give notice to the User at either the email or postal address provided by the User when placing an order, or in any of the ways specified in clause 20 above. Notice will be deemed received and properly served immediately when posted on G. Ads Agentur’s website, 24 hours after an email is sent or three days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
19. Third party rights
A person who is not a party to the General Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
20. Applicable law
All contracts for purchase of products through the Web Page and any dispute or claim arising out of them will be governed by Austrian Law and will be subject to the non-exclusive jurisdiction of the Courts of Austria.