AuscultA Management Audiobooks

Validity:

These general terms and conditions apply to all legal transactions between AuscultA Management Audiobooks – hereinafter referred to as AM-H – and its customers and other contractual partners; the general terms and conditions of a customer and other contractual partner shall only apply – even if these have been sent – if their validity has been expressly agreed in writing.

Guaranteed characteristics:

With the exception of the technical functionality of the products it delivers, AM-H does not guarantee any characteristics; in particular, no liability is assumed for the content of the audiobooks and, in this context, for the correctness or usability of the recommendations, concepts, suggestions, etc. reproduced therein.

Reproduction prohibited:

All rights, in particular the right to reproduce and distribute the delivered goods, are expressly reserved by AM-H. The works contained therein may not be reproduced or processed, duplicated, distributed, stored or modified, either in part or in whole – in any form whatsoever (e.g. copying, transferring, feeding into databases, converting into written form, etc.) – without the written permission of AM-H, or using electronic or other systems. The only exception is the saving of the works for exclusively personal use in the number of licenses acquired.

Offers, order confirmation, conclusion of contract, delivery date:

Any printed or electronically transmitted advertisements and order coupons from AM-H are merely invitations to submit a purchase offer. If such purchase offers are made, they constitute a binding offer to purchase the product in question, which AM-H accepts by means of express acceptance (order confirmation) or by fulfilling the transaction.

Promised delivery dates are merely guidelines and the customer cannot assert any claims for damages of any kind against AM-H if the delivery dates are exceeded.

In the event of culpable exceeding of an agreed delivery period, default only occurs after a reasonable grace period has been set. Claims for damages due to culpable delays in delivery are excluded – to the extent permitted by law; any claims for damages that are not excluded are in any case limited to the invoice value of the goods not delivered on time.

Delivery:

The place of performance is Seefeld in Tirol. Any costs for packaging, shipping and transport shall be borne by the customer.

Retention of title:

All delivered goods remain the property of AM-H until payment of all previous claims – including principal, interest and costs – arising from deliveries and other services. The ownership of the goods from future deliveries shall also not pass until the claims from earlier deliveries have been paid in full. A request for the return of the goods or their return does not constitute a withdrawal from the contract.

Notification of defects:

Deliveries must be checked for completeness, regularity and freedom from defects immediately upon receipt. Recognizable defects and quantity deviations must be reported by the customer to AM-H within 8 days of dispatch/release of the goods, stating the exact nature of the defect and referring to the invoice number. Hidden defects must also be reported immediately after their discovery, although an exclusion period of 2 months after dispatch/release of the goods applies here. A violation of the duty to inspect as well as a delayed notification of defects shall in any case lead to the expiry of warranty claims. Notices of defects may only relate to warranted characteristics or quantity deviations; AM-H is not liable for other defects.

In the event of recognized defects, AM-H offers – after return – either replacement by delivery of equivalent, defect-free goods or by issuing a credit note that can be redeemed against goods. Any claims for damages that go beyond the return and full credit are – except in the case of gross negligence – excluded in any case. Excluded are therefore also, among other things, claims for damages, in particular due to additional expenses on the part of the customer or loss of profit.

The customer is obliged to send defective goods to AM-H immediately, but no later than 8 days after notification of the defect. If he fails to meet this obligation in due time, the warranty obligation shall lapse without the need for further explanation. Notices of defects do not release the customer from his payment obligations towards AM-H.

Liability:

AM-H accepts no liability for any damages that may arise from the use of its goods, in particular also in the course of any implementation of the works and content contained in the audiobooks. In particular, AM-H assumes no liability for the fact that any concepts and suggestions contained in the audiobooks lead to certain successes.

Payment:

Invoice amounts are due for payment without deduction upon receipt of the invoice. In the event of default in payment, default interest of 15% p.a. shall be agreed, whereby this agreement shall not preclude the assertion of a higher interest loss. In addition, the contractual partner shall immediately reimburse AM-H for all expenses and expenditures incurred by the latter as a result of the default. Incoming payments shall be credited first to costs, then to interest and finally to the principal, irrespective of the dedication of the contractual partner, whereby the oldest claim shall be covered first in each case in terms of time.

Applicable law and place of jurisdiction:

For all contracts concluded between AM-H and its contractual partners, the applicability of Austrian law is agreed, with the exception of the reference norms of Austrian international private law and UNCITRAL. For all disputes arising from the delivery contracts concluded between AM-H and its contractual partners, the court with subject-matter jurisdiction for Innsbruck shall be called upon to decide as the exclusive place of jurisdiction. AM-H is, however, free to sue its contractual partners before other domestic or foreign courts.