General Terms and Conditions for the purchase of items offered in the “Die Presse” online shop (GTC)

as at: 15.04.2024

 

of “Die Presse” -Online Shop

Information about the provider:

„Die Presse“ Verlags-Gesellschaft m.b.H. & Co KG
(im Folgenden „Anbieter“ genannt)
Hainburger Straße 33, 1030 Wien
FN 218199g | Handelsgericht Wien | UID: ATU 54093001

1. General Information

1.1. „Die Presse” Verlags-Gesellschaft m.b.H & Co KG, Hainburger Straße 33, 1030 Vienna, FN 218199g (hereinafter “Die Presse”, “we” or “Operator”) operates the online shop available at shop.diepresse.com (hereinafter “Presse Shop”). The goods offered there (including vouchers; hereinafter “article” or “product”) can be ordered and purchased by both private and commercial customers (hereinafter “the customer” or “you”) under the following conditions.

1.2. “Die Presse” is only prepared to enter into contracts subject to these General Terms and Conditions. If the customer’s general terms and conditions contain provisions that conflict with these GTC or contain additional provisions not included here that deviate from the statutory provisions, these provisions shall not become part of the contract.

1.3. Insofar as the term “consumers” is used in the following, this refers to natural persons for whom a transaction is not part of the operation of their business, meaning that the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. “Entrepreneurs”, on the other hand, are natural or legal persons or partnerships with legal capacity for whom the transaction is part of the operation of their business. The distinction between consumers and entrepreneurs is based on the Austrian Consumer Protection Act (KSchG). “Customers” within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. Should individual provisions only apply to consumers or entrepreneurs, this is expressly indicated.

1.4. „Die Presse” reserves the right to amend these General Terms and Conditions (hereinafter “GTC”) at any time and without stating reasons. Amendments shall enter into force immediately upon their publication on the website for orders placed from this point in time.

1.5. In the interests of better readability, “Die Presse” refrains from using gender-specific wording in these General Terms and Conditions. Insofar as personal designations are used, these refer equally to persons of the female, male and diverse genders.

2. Contract conclusion

2.1. Unless expressly agreed otherwise in individual cases, orders may only be placed for normal household quantities. Orders are only accepted from customers,

a) who are of legal age according to Austrian law, i.e. have reached the age of 18,

b) who – if they are not of legal age – can present a legally valid authorisation from their legal representative,

c) who have full legal capacity.
Information about any other general or product-specific delivery restrictions and the means of payment accepted by “Die Presse” will be provided at the beginning of the order process.
We reserve the right to request proof of age and to withhold delivery until such proof has been provided.
2.2. In the case of online orders, the following steps lead to the customer’s contractual declaration:
• Selection of the desired product by clicking on the “ADD” button
• Possible voucher redemption
• Entering the customer’s data and payment parameters
• Acceptance of the GTC by ticking the box next to it
• Possibly, depending on the respective product: Acknowledgement and confirmation of the cancellation option by ticking the box next to it
• Re-check the order and the data provided
• Binding confirmation of the order by clicking on the “BUY NOW” button.
Before submitting the binding order, the customer has the option of going back to the individual order steps by pressing the “Back” button in the Internet browser used in order to correct any input errors or to cancel the order process by closing the Internet browser.

2.3. Contractual declarations or orders placed by the customer via this online shop are always to be qualified as offers by the customer.

2.4. We have the right to refuse an order, regardless of who it was received from or via which channel (online, by telephone, etc.), without giving reasons. If “Die Presse” rejects an order, no purchase contract is concluded with you. Orders are only binding on “Die Presse” if they have been accepted by the latter.

2.5. The contract is concluded by a written order confirmation from “Die Presse”. If the customer is a consumer, “Die Presse” shall send a written order confirmation or a written rejection of the offer within seven days of receipt of the offer at the latest.

2.6. We do not save your purchase contract (contract text) after a successful order. Therefore, please save your order and our General Terms and Conditions yourself if you wish to view them at a later date.

2.7. If the order confirmation from “Die Presse” does not correctly reflect the order placed by the customer, the customer must notify “Die Presse” of this within three working days (working days are Mon-Fri [excluding public holidays]) of receipt of the contract confirmation, stating the incorrect points, whereby any complaint must be addressed to “Die Presse” and must be made in text form (e-mail, fax, post). Otherwise, the contract shall be binding in accordance with the contract confirmation. The customer shall be specifically informed of the effect of their behaviour in the order confirmation.

2.8. If the contract is not concluded – for example due to “Die Presse” rejecting the customer’s offer – and the customer has already made payment based on the payment method selected by the customer, the customer’s payment will be cancelled. The customer shall have no claims against “Die Presse” in the event of a rejection, except for the reimbursement of payments already made.

2.9. The contract language is German. This does not apply to the purchase of the European Voices Magazin. It is possible to select the language (German or English) and thus the language of the contract via the website europeanvoices.eu. The language selection will be retained in the press shop with regard to the product description and when the contract is concluded.

2.10. Notwithstanding any right of cancellation in accordance with point 3 of these GTC, the customer has no general right of exchange or return.

2.11. „Die Presse” is authorised to provide partial deliveries and services.

3. Right of cancellation of the consumer/cancellation form

3.1. Right of cancellation

3.1.1. If you are a consumer within the meaning of the Austrian Distance and Off-Premises Transactions Act (FAGG) or the Austrian Consumer Protection Act (KSchG), you have the right to withdraw from the contract within 14 calendar days without giving reasons. This period begins on the day

a) of the conclusion of the contract (in the case of a service contract, a contract for the provision of digital content that is not delivered on a physical data carrier or a voucher for a specifically designated service),

b) on which the consumer or a third party designated by him who is not the carrier has taken possession of the goods (in the case of a contract for the sale of goods or a voucher, in particular a voucher that is sent before it can be redeemed – similar to goods),

c) on which the consumer or a third party designated by him who is not the carrier has taken possession of the last goods (in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately),

d) on which the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the last instalment or the last item (in the case of a contract for the supply of goods in several instalments or items),

e) on which the consumer or a third party designated by the consumer, other than the carrier, has taken possession of the first goods (in the case of a contract for the regular supply of goods over a fixed period of time).

3.1.2. The declaration of cancellation is not bound to any particular form. It can be sent to “Die Presse” Verlags-Gesellschaft m.b.H. & Co KG, by post: Hainburger Straße 33, 1030 Vienna, by telephone: 01/514 14-306, by fax: 01/514 14-71, or by e-mail: shop@diepresse.com. You can also use the cancellation form, which can be downloaded here. In the event of a contract amendment, you can also exercise your right of cancellation with regard to a declaration of the contract amendment.

3.1.3. In order to comply with the cancellation period, it is sufficient for the declaration of the exercise of the right of cancellation to be sent before the expiry of the cancellation period.

3.1.4. The right of cancellation does not apply,

a) if “Die Presse” has commenced and fully completed the service before the expiry of the cancellation period at the express request of the customer and the customer was previously informed of the associated loss of the right of withdrawal,

b) for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,

c) for goods that can spoil quickly or whose expiry date would be quickly exceeded,

d) for goods that are manufactured according to customer specifications or are clearly customised to personal requirements,

e) for contracts for services in the areas of accommodation other than for residential purposes, transport of goods, rental of motor vehicles and delivery of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the fulfilment of the contract by the entrepreneur,

f) if the article is in a newspaper, magazine or periodical, unless it is a subscription for the supply of such publications,

g) in the case of the provision of digital content that is not to be delivered on a physical data carrier, provided that the consumer has expressly consented to the commencement of the fulfilment of the contract before the expiry of the withdrawal period and furthermore confirms that he has taken note of the fact that the right of withdrawal expires as a result of the premature commencement of the fulfilment of the contract and that “Die Presse” has provided the consumer with a copy of the contract or the confirmation of acceptance.

Download the cancellattion policy

3.2. Consequences of cancellation:

3.2.1. Die Presse” will reimburse all payments made, unless otherwise requested by you, using the same means of payment that you used to conclude the contract, without delay and at the latest within 14 days of receipt of the notice of cancellation. Under no circumstances will a fee be charged for the repayment. This repayment obligation also includes any delivery costs paid by you (with the exception of any additional delivery costs incurred due to delivery abroad). You must return or hand over the items to “Die Presse” Verlags-Gesellschaft m.b.H. & Co KG, Hainburger Straße 33, 1030 Vienna, undamaged and in the original packaging (insofar as this contributes to the value of the goods, e.g. in the case of certain electronic products) without delay, at the latest within 14 days of submitting the declaration of cancellation. The deadline is met if the goods are dispatched within these 14 days.

3.2.2. In addition, the following must be observed for contracts for the sale of goods and contracts for the purchase of (value) vouchers: “Die Presse” may refuse repayment until the goods have been returned or until the customer has provided proof that he has returned the goods, whichever is the earlier. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to a defect that is not attributable to the inspection of the goods.

3.2.3. In addition, please note for contracts for services: If, in the case of a contract for the provision of services, the customer has requested that the provision of services with regard to the services should commence during the cancellation period, the customer shall pay “Die Presse” a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer notifies the publisher of the exercise of the right of cancellation with regard to the contract compared to the total scope of the services provided for in the contract.

4. Online-orders

4.1. Online orders can be placed either via a guest account or via an individualised customer account. If you already have a “Die Presse” user account – e.g. due to a digital subscription to “Die Presse” – you can log in via this account.

4.2. Customer account registration is free of charge. A customer account may only be created by,

a) anyone who is already of legal age under Austrian law, i.e. has reached the age of 18,

b) who, if they are not of legal age, can present a legally valid authorisation from their legal representative,

c) who has full legal capacity.

4.3. Registration takes place via customer name and password; these access data to the customer account are not transferable. The customer is obliged to keep their password secret. “Die Presse” shall not disclose the access data to third parties. The customer must report any unauthorised or improper use of their customer account to “Die Presse” as soon as they become aware of it and subsequently explain and certify the circumstances of the misuse.

4.4. Customer accounts that are/have not been used for more than six months may be suspended by “Die Presse”. The customer account is not lost upon suspension, but remains reserved for the customer and can be reactivated by the customer at any time by applying to “Die Presse” for reactivation of the customer account. The reactivation will be carried out by us without unnecessary delay. We are authorised to delete customer accounts that have not been used for more than one year. The customer will be informed of the suspension or deletion by e-mail to the e-mail address last provided to us by the customer.

4.5. When registering, the customer is obliged to provide truthful and complete personal details in accordance with the requirements of the registration form and to update this data immediately in the event of changes. The customer can view and change personal data and account settings at any time in their profile area.

4.6. It is forbidden to assume the identity of others when registering, to infringe the rights to another person’s name and/or to give the impression of appearing as another person.

5. Purchase price, shipping costs and payment

5.1. The prices stated on the product page are in euros and include the respective statutory VAT. Only those prices are binding which are displayed to the customer when the goods are placed in the shopping basket (“ADD TO CART”). Before finalising your order, we will inform you of any additional shipping costs incurred for your order. The shipping costs for orders to other EU countries and their amount depend on the respective destination country (see 8.1). You can find out more about the shipping costs and the order value above which they are waived here: https://shop.diepresse.com/versand-lieferung/.

5.2. Discount codes/voucher codes: Discount codes or voucher codes exist depending on the occasion and can be communicated via newsletters or mailings from “Die Presse” or via pop-ups. A discount or voucher code can be entered in the “Voucher code” field before completing the order process and will be deducted directly from the listed price of your shopping basket. Discount or voucher codes can only be used once, limited to individual products and for a limited period of time. The applicable restrictions and time limits will be communicated directly with the discount or voucher code.

5.3. „”Die Presse” offers various payment options, whereby it reserves the right to change these. Payment by credit card (VISA, Mastercard, Diners Club) and instant bank transfer is currently possible.
5.3.1. We offer instant bank transfer in co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The payment is made to Klarna Bank AB. The customer’s account is debited immediately after the order is placed. Further information and the terms of use of Klarna Bank AB can be found here . General information about Klarna Bank AB can be found here. “Die Presse” will assign its claim for payment of the purchase price against the customer to Klarna Bank AB in order to process a payment by instant bank transfer through the payment service provider Klarna Bank AB. The customer is hereby informed of this assignment of claims. All payments must be made exclusively to Klarna Bank AB in order to discharge the debt. In certain cases, the assignment of claims between “Die Presse” and Klarna Bank AB may be reversed. If such a reversal takes place, the customer will be informed by “Die Presse” and is obliged to pay the purchase price to “Die Presse”.

5.4. We will issue an invoice at your request or if we are legally obliged to do so. You have the choice of receiving this free of charge in paper form (to the billing address provided by you) or in electronic form (e-mail). If you choose the electronic form, “Die Presse” will send you the invoice to the e-mail address you have provided. Please note that the receipt in your spam folder is also decisive for the receipt of electronic invoices by e-mail. In this case, the invoice will not be sent additionally by post.

5.5. If the customer is in default of payment, “Die Presse” shall be entitled to demand default interest at the statutory rate. In the event of culpable default of payment, “Die Presse” is also entitled to withhold the order or to pursue the claim in and out of court (e.g. via KSV or lawyers), as well as to additionally charge the necessary and appropriate expenses and costs incurred as a result, in particular for reminders, debt collection and out-of-court legal fees as well as default interest at the statutory rate.

6. Retention of title and right of cancellation of “Die Presse” in the event of default of payment
6.1. “Die Presse” retains title to the goods until the purchase price has been paid in full. The customer may not dispose of the goods to which “Die Presse” retains title, and in particular may not sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the goods already accepted by him until the purchase price has been paid, in particular for the risk of destruction, loss or deterioration.

6.2. Die Presse” shall be entitled to withdraw from the contract and demand the return of goods already handed over/sent by the customer in the event of default in payment by the customer or cancellation of payment orders issued by the customer, after setting a reasonable grace period. The assertion of the retention of title shall only constitute a cancellation of the contract if this is expressly declared.

6.3. In the event that “Die Presse” reclaims goods subject to retention of title, the customer must pay “Die Presse” an appropriate usage fee for the (proper) use of the goods subject to retention of title, including compensation for the reduction in fair market value associated with the use, and must indemnify “Die Presse” for all damage culpably caused (through improper use).

7. Special provisions for vouchers

7.1. In addition to goods, vouchers issued by partner companies in the form of value or service vouchers can also be offered and purchased via the online shop. The services of “Die Presse” are regularly limited to the mediation of the conclusion of the contract between partner companies and customers as well as the processing of voucher dispatch and collection for the partner companies. In some cases, vouchers issued by partner companies can also be purchased by “Die Presse” and sold to customers via the online shop. In both cases, the service provided by “Die Presse” is complete when the voucher is handed over to the customer. All claims (e.g. claims for repayment of the amount paid due to non-performance or defective services, warranty, damages, etc.) of the customer in connection with the service that can be consumed using the voucher must be addressed directly to the partner company where the voucher is redeemed and not to “Die Presse”. “Die Presse” is therefore not responsible for the service that can be consumed using the voucher and is not liable for the redeemability of the voucher or for any other claims arising from or in connection with the voucher. The vouchers will only be activated in the system after full payment by the customer and can then be redeemed at the partner company(ies) listed.

7.2. Value voucher

7.2.1. The amount of the credit to be purchased for vouchers is a minimum of €50 and a maximum of €10,000 per voucher and order. Vouchers can be saved and printed out as a PDF document after the order process has been completed.

7.2.2. The vouchers are provided with a barcode, and the customer, the voucher and the voucher value are also recorded and stored in the “Die Presse” system. The credit balance on the voucher is reduced by the equivalent value of the services consumed. This prevents multiple use of the voucher. The customer is obliged to ensure that the pdf document or the printout of the voucher is not passed on to unauthorised third parties.

7.2.3. Vouchers can be redeemed at all participating partner companies up to the validity date stated on the voucher to the extent of the credit shown and not yet used, on presentation of the voucher for services offered by the respective partner company.
Any necessary bookings or appointments must be made directly by the voucher holder

7.2.4. The value of the voucher will be offset against the invoice amount and deducted from the invoice amount, whereby the credit can either be used all at once or partially. Any remaining credit will be retained until the expiry date. Cash redemption of the value of the voucher or the remaining balance in the event of partial utilisation is excluded.

7.3. Benefit vouchers
7.3.1. Leistungsgutscheine werden per Post/Zusteller an den Kunden versandt und mit einem Barcode versehen. Im System von „Die Presse“ werden der Kunde, der Gutschein, die durch den Gutschein verbriefte Leistung und die Konsumation des Gutscheins erfasst und hinterlegt. Auf diese Weise wird eine Mehrfachverwendung des Gutscheins verhindert.
7.3.2. The customer is obliged to ensure that the voucher is not passed on to unauthorised third parties.
7.3.3. Service vouchers can be redeemed during the validity period stated on the voucher for the consumption of the specified service at the stated value at the specified partner company upon presentation of the voucher. Any necessary bookings or appointments must be made directly by the voucher holder.
7.3.4. Cash redemption of the voucher value or remaining residual value in the event of partial utilisation is excluded.

7.4. The customer bears the risk of loss of the voucher, in particular the risk of loss or theft, from the time the download is completed or – in the case of postal dispatch – after the voucher has been handed over to the deliverer. In the event of loss, theft or damage to a voucher, “Die Presse” will therefore not provide any compensation.

7.5. Vouchers are transferable and may be passed on by the customer to third parties for private use. The commercial resale of vouchers by the customer is not permitted.

7.6. “Die Presse” is authorised to unilaterally change or deviate from the participating partner companies where the vouchers can be redeemed, as well as the contractual service to be provided, if and to the extent that the change and/or deviation is reasonable for the customer, in particular because the change is minor and objectively justified taking all circumstances into account. In the case of changes in the area of partner companies where the vouchers can be redeemed, this is the case, for example, if a cancelled offer is replaced by an equivalent offer or is covered elsewhere in the remaining overall offer.

8. Delivery
8.1. Unless otherwise agreed in individual cases, goods shall be delivered within 30 days of the conclusion of the contract.

8.2. Delivery shall be made to the delivery address you specify. Deliveries are only possible within Austria. The only exception to this is the delivery of the European Voices magazine, which can be delivered within Austria and other EU countries. The shipping costs incurred will be displayed before you finalise your order. The shipping costs for deliveries to other EU countries depend on the respective destination country and will also be shown to you before you finalise your order (see 5.1). Delivery to PO boxes (P.O. boxes) is not possible. If such P.O. boxes are specified or if the delivery attempt is unsuccessful due to incorrect, incomplete or unclear information provided by the customer, “Die Presse” reserves the right to claim the resulting transport costs.

8.3. In the event of non-availability or only partial availability of the ordered goods and services, the customer will be informed immediately and notified of the time at which delivery can be made.

8.4. If the delivery of the ordered goods or compliance with the agreed delivery deadline becomes impossible because the supplier of “Die Presse” does not fulfil its contractual obligations in this regard or the ordered goods have been damaged or lost and can no longer be procured despite the best efforts of “Die Presse” or the replacement procurement is unreasonable for “Die Presse”, the delivery obligation shall expire on the agreed delivery date. The customer will be informed immediately and will inform “Die Presse” whether or at what time the delivery can be made. If the customer agrees to the new delivery date and the delivery is made by the new date at the latest, “Die Presse” has fulfilled its delivery obligation in accordance with the contract. If no new date is possible or if delivery cannot be made on the new date for reasons for which “Die Presse” is not responsible, “Die Presse” is entitled to withdraw from the contract in whole or in part. In such cases, the customer may also withdraw from the contract; any purchase price already paid will be refunded to the customer. Other legal claims of the customer remain unaffected.

8.5. In the case of deliveries with obvious defects in the packaging or the items themselves, we request that you notify us of this in writing as soon as possible after receipt of the goods and that obvious, externally recognisable transport damage be reported by the parcel service upon handover of the delivery.

8.6. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover – in the case of sale by dispatch, upon handover of the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is in default of acceptance, i.e. if the customer has not accepted the goods as agreed (default of acceptance), this shall be deemed equivalent to handover.

8.7. If the customer has not accepted the goods as agreed (default of acceptance), “Die Presse” is entitled, after setting a grace period to no avail, to either store the goods on its premises, for which a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof may be charged, or to store the goods at the customer’s expense and risk with an authorised tradesman. At the same time, “Die Presse” is entitled either to insist on fulfilment of the contract or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere.

8.8. In cases of force majeure events such as (but not limited to) labour riots, governmental measures and/or legal requirements, fire, strike, acts of war or terrorism, civil or military disturbances, nuclear or natural disasters, loss or malfunction of utilities, pandemics and, in general, any unforeseeable and unavoidable serious event beyond the control of either party, the occurrence of which could not reasonably be foreseen at the time of the conclusion of the respective purchase contract (“Force Majeure Event”), the customer shall be contacted immediately to arrange an alternative date for the prevented delivery. If the alternative date is within a period of 14 days, the delivery shall be deemed to have been made in accordance with the contract. If delivery is still not possible within this time frame, “Die Presse” is entitled to withdraw from the contract in whole or in part (whereby any payments made to the customer will be deferred) without becoming liable for damages. The customer may also withdraw from the contract in such cases.

8.9. As the operator of the Press Shop, “Die Presse” is obliged to deliver/provide the goods or services to the customer in accordance with the contract. However, “Die Presse” is authorised to unilaterally change the contractual service to be provided or to deviate from it, if and insofar as the change and/or deviation is not necessary for the customer.

9. Warranty and liability
9.1. The statutory warranty provisions shall apply. If necessary, reference is made to additional manufacturer guarantees. Such guarantees do not limit the statutory warranty obligation of “Die Presse”.

9.2. Product images may differ in colour and size from the appearance of the delivered items due to the resolution and size of the photos. The delivered item is deemed to be in accordance with the contract if it corresponds to the stated product specification.

9.3. Commercial customers must give notice of any defects that occur immediately after receipt of the delivery, otherwise the warranty right is excluded, insofar as the defects are in the goods themselves. Warranty claims by entrepreneurs shall expire six months after delivery of the goods. “Die Presse” shall fulfil its warranty obligations towards entrepreneurs as customers at its discretion either by delivering defect-free goods, improvement, subsequent delivery of missing quantities or reversal of the contract (i.e. repayment of the purchase price) within a reasonable period.

9.4. 1.1 “Die Presse” shall be liable for damages to the customer insofar as these were caused intentionally or through gross negligence by its staff or vicarious agents. Liability is accepted for slight negligence in the case of personal injury or claims under the Product Liability Act. If the customer is a consumer, liability shall also be assumed for slight negligence in the event of damage resulting from the breach of primary contractual obligations for the fulfilment of the contract (provision of the agreed services). Furthermore, liability for slight negligence is excluded. Liability for vicarious agents shall only be assumed under the conditions of § 1315 ABGB. No liability is assumed for damages to third parties. Furthermore, liability for indirect damages, incidental and consequential damages, loss of profit and legal costs is excluded. Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year. The provisions on damages contained in these GTC or otherwise agreed shall also apply if damages are claimed in addition to or instead of a warranty claim.

9.5. It is not permitted to pass on login data for your online shop user account to third parties. Your login data must be protected against unauthorised access by third parties. In the event of the disclosure, misuse or culpable loss of login data, you yourself are responsible for any damage you may incur as a result. This does not give rise to any claims whatsoever on your part against “Die Presse”. You shall also be liable to us for any damage that we may suffer as a result, whereby the same limitations of liability shall apply that apply to “Die Presse” vis-à-vis consumers under point 9.3.

10. Notifications
10.1. You must keep your contact details, in particular your name, your postal address and the e-mail address you used when creating your online shop user account, up to date at all times. If you have provided us with an e-mail address, we will only send you statements – including legally significant ones – to the last e-mail address you provided. Only if you have not provided us with an e-mail address will we send you declarations – including legally significant declarations – to the postal address most recently provided. The delivery of invoices is excluded from this principle if you have chosen postal delivery for these in accordance with point 5.4.

10.2. If a customer fails to notify “Die Presse” of a change in the e-mail address or postal address provided to us, declarations by “Die Presse” shall nevertheless be deemed to have been received by the customer even if they were not actually received by the customer, provided that delivery of the declarations to the e-mail address last provided to us or, if the customer did not provide an e-mail address, to the postal address last provided to us was attempted, and these declarations were actually delivered to the postal address if the e-mail address was provided or, if no e-mail address was provided, to the postal address.

11. Miscellaneaus
11.1. Individual goods offered in the Press Shop may be limited in time (e.g. Genussschecks). Such a time limit is stated in the product description. A time limit may apply in cases where we offer goods/products in co-operation with partner companies. The time limit is necessary due to the limited cooperation with these partner companies.

11.2. The following does not apply to consumers, but only to entrepreneurs as customers:
11.2.1. Should individual provisions of these GTC (including this provision) be or become invalid in whole or in part, the validity of the remaining provisions or the remaining parts of such provisions shall remain unaffected. The invalid provision or the invalid parts shall be replaced by a valid provision that comes as close as possible to the original provision. This also applies to any unforeseen gaps in these GTC.
11.2.2. For all disputes arising from and in connection with the contract, including these GTC, as well as the conclusion and termination of the contract, the exclusive jurisdiction of the competent court in Graz is agreed.
11.2.3. A right of set-off shall only exist if the customer’s counterclaims have been legally established or recognised by “Die Presse”.
11.2.4. The customer is not entitled to withhold payments. § 1052 ABGB (Austrian Allgemeine bürgerliche Gesetzbuch) is not applicable.

11.3. Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. In the case of consumers as customers, this choice of law shall only apply insofar as mandatory provisions of the law of the state of the European Union in which the consumer has his habitual residence are not superseded.

11.4. There are no verbal collateral agreements. All agreements, subsequent amendments, supplements, collateral agreements, etc. must be made in writing to be valid. This shall also apply to any waiver of the written form requirement. Declarations by fax and e-mail shall satisfy the written form requirement.

11.5. All image rights are owned by us or by our suppliers or partner companies. Use of the images, even in part, is not permitted without our express consent.

11.6. The data protection information of “Die Presse” can be found at https://www.diepresse.com/unternehmen/datenschutz. We would also be happy to send this to you on request, in which case please contact us at shop@diepresse.com.