General Terms and Conditions “Hedy Production”
Scope of application
These General Terms and Conditions apply between HEDY Production GmbH, Wr. Neustadt (“HEDY) and each registered user (“User”) of the internet platform Hedy Prodcution, http://www.hedyproduction.com (“Hedy”).
Deviating agreements between HEDY and the User as well as mandatory statutory provisions take precedence.
These General Terms and Conditions apply exclusively. Deviating terms and conditions of the user shall not apply in their entirety.
Registration for Hedy Production
For the use of Hedy a registration with HEDY is necessary.
The user is obliged to register under his own data and to make all statements correctly and completely.
For successful registration the user must accept these General Terms and Conditions. Confirmation is made by activating the access via an activation link which is sent to the user by e-mail message.
With successful registration the user makes an offer to HEDY to conclude a contract of use which includes the inclusion of these General Terms and Conditions.
Ruff + Daughters is not obliged to accept this offer. If HEDY does not accept this offer, the access data selected by the user (user name, password) will be blocked.
Registration is initially for one person. Further users can only be registered after activation of the access data. In particular, it is not permitted to use Hedy by persons other than the registered person(s).
Use of Hedy Production
Hedy offers users the possibility of forwarding enquiries and offers as well as further information to other users and of placing them on the marketplace (hereinafter together also “user information”). Hedy also offers the user the possibility of concluding contracts with other users about offered or requested goods or services.
The Hedy Production platform is an online platform on which users (“members”) can publish, offer, search for and book services. Members who publish and offer services are “providers”, and members who search for, book or use these services are “clients”.
To the User Agreement
Hedy may only be used for commercial purposes. The user must act in the exercise of a permitted commercial or independent professional activity when using Hedy.
User information may only be used within the framework of the use of Hedy (see point III, 1.). In particular, it is not permitted to store and process this user information for purposes other than those described. Furthermore, Hedy may not be used on behalf of third parties.
Hedy may not be used by third parties on behalf of registered users.
The use is subject to the laws of the Federal Republic of Austria. User information provided must comply with these laws, in particular with good morals. If user information does not comply with these laws, in particular with good morals, HEDY will delete this information and, if necessary, take legal action against the corresponding user.
In particular, user information is excluded from use which:
have racist or otherwise discriminatory content;
contains pornographic content or violates corresponding prohibitions;
refers to stolen goods
relate to the trade in human organs, genes or similar goods;
relate to trafficking in drugs, tobacco products, medical goods, medicines, alcoholic beverages or foodstuffs;
relate to goods that contravene national import/export regulations or other national regulations, such as safety regulations;
which relate to trade in chemicals or other hazardous substances;
which violate competition laws; or
contain exaggerated advertising;
violate copyright, trademark or similar regulations for the protection of intellectual property or industrial property rights;
are likely to influence the stock exchange price of a company or contain insider information;
contain games of chance, contests or sweepstakes;
violate animal protection regulations;
are not serious.
The user is obliged to report any violation of points III 6. (b) to (d) immediately at the address firstname.lastname@example.org.
When entering user information, all data relevant to a contract to be concluded with other users must be provided. No data may be entered that could lead to a misinterpretation of the user information. Furthermore, no data may be withheld. In particular, defects in goods must be stated if they are likely to significantly reduce the value of the goods or significantly impair the use of the goods. If properties of goods are warranted, the goods to be sold must have these properties at the time of the transfer of risk.
User information shall be kept up to date by the user.
Every user accepts that after entering user information he will receive enquiries or offers from other users as long as he is registered with Hedy.
The entered user information can be made accessible in anonymised form in the publicly accessible area of Hedy. In this case, extracts of the user information are visible to all visitors to the Hedy internet pages, including those who are not registered.
Conclusion of contract and processing of an order between users
If user information contains an enquiry or an offer, then this is deemed to be bindingly submitted when it is entered on Hedy, insofar as it already contains all the essential components for the conclusion of a contract. If these are not accepted or not accepted within a period set by the user, they can be withdrawn at any time.
A contract on user information is concluded exclusively between the users. HEDY is neither a contractual party nor a messenger or vicarious agent of one or both users or otherwise involved in the conclusion of the contract. All parts of the contract are to be negotiated by the users involved themselves. The execution of the contract is the sole responsibility of the users.
HEDY has no influence on the goods or services offered, their quality or condition.
Fees for the use of Hedy are to be paid exclusively in accordance with individual agreements.
For the registration and the use of the client as well as provider functions at Hedy no fee is due for the user.
If an individual agreement provides for usage fees for the provision of chargeable services, the amount of the fees shall be determined exclusively in accordance with the individual agreements at the time of the conclusion of the contract.
All offers for the provision of chargeable additional services are subject to confirmation. An order shall be deemed to have been accepted when
has been confirmed by us in writing, or
if the ordered additional services are provided by HEDY in accordance with the order.
If the user does not immediately object in writing within three days of receipt of a confirmation letter, his silence shall be deemed to be agreement with the terms and conditions contained therein.
The fees may be adjusted by HEDY, provided that the adjustment is directed at future use and the adjustment is reasonable for the user. HEDY shall inform the user in good time in advance of any adjustments to the fees by e-mail, indicating when the new fees will apply.
If agreed, HEDY will issue an invoice to the user for all fees. The invoice amounts are due on the date stated on the invoice, but no later than 10 days after receipt of the invoice.
Invoices shall be issued at the end of each month.
Duration of contract
If chargeable services are provided on the basis of an individual user agreement, this user agreement shall initially be valid for one year, unless the term is otherwise separately regulated.
If the contract of use is not terminated or not terminated in good time, it shall be automatically extended by the agreed contract term. An ordinary termination of the contract term extension is possible by both contracting parties with a notice period of one month to the end of the contract term. Termination by the user is effected by written notification to the e-mail address email@example.com or by post to HEDY, stating the customer number.
Extraordinary termination for good cause (e.g. in the event of a breach of point III, 6). is possible at any time. In this case, a refund of the user fee already paid is not possible.
Warranty, liability, force majeure
HEDY assumes no guarantee for the correctness and completeness of the user information as well as any other information or statement which a user submits via Hedy. HEDY is not liable for user information. Any opinions expressed by a user represent the opinion of the respective user and not the opinion of HEDY.
The warranty or liability with regard to the sold goods or work performances is exclusively incumbent on the users. HEDY assumes no guarantee, warranty or liability of its own for the goods or work performances traded via Hedy or for guarantees granted by the users. HEDY assumes no guarantee or warranty for the creditworthiness of the users.
HEDY does not guarantee the permanent accessibility of Hedy. Maintenance or foreseeable failures will be announced in good time via Hedy. An individual notification of the users does not take place.
Insofar as HEDY is liable within the framework of the statutory provisions, the following provisions apply.
HEDY is liable in accordance with the following provisions for damages – irrespective of the legal grounds – for which HEDY Production GmbH, its legal representatives or its vicarious agents are responsible:
In the event of intent and gross negligence HEDY shall be liable without limitation.
In the case of simple negligence, HEDY shall only be liable if it concerns the breach of essential contractual obligations (cardinal obligations). In that case, however, liability is limited to damage that was foreseeable for HEDY or foreseeable for the user.
In the event of intentional, grossly negligent or negligent breach of contractual obligations by simple vicarious agents, liability is limited to damages which were foreseeable for HEDY or which were manageable for the user.
HEDY is not liable for technical failure or technical malfunctions in its own operation or in the operation of its vicarious agents through no fault of its own.
Insofar as legal representatives of HEDY, vicarious agents, employees as well as those whose assistance HEDY uses within the scope of its services are personally liable, this liability is limited to the same extent as the liability of HEDY itself.
The user’s claim for damages for all reasons except claims for damages from unlawful acts expires in three years from the accrual of the claim, at the latest however in three years after termination of the contract (deregistration).
In the event of disruptions for which HEDY or its vicarious agents are not responsible due to force majeure, operational disruptions, e.g. due to strikes, lockouts, riots, natural disasters, seizures, permits not granted or revoked, which also temporarily prevent HEDY from maintaining the operation of Hedy, HEDY is not liable.
Liability for hyperlinks
Insofar as hyperlinks are used on Hedy, HEDY has checked the external content at the time of the initial linking as to whether it could give rise to a possible civil or criminal liability. However, HEDY is not obliged to constantly check the content to which HEDY refers in its offer for changes that could give rise to a new responsibility. Only if HEDY establishes or is informed by others that a specific offer to which a link is provided triggers civil or criminal liability will HEDY remove the reference to this offer, insofar as this is technically possible and reasonable. The technical possibility and reasonableness are not influenced by the fact that the illegal or punishable offer can be accessed via other servers even after Hedy’s access has been stopped.
The user undertakes to comply with the security regulations. User name and password are to be administered by the users themselves. HEDY must be informed immediately if there is reason to suspect misuse.
Upon termination of registration, access will be blocked immediately. Access will also be blocked if the user requests this or if there is a reason to assume misuse.
Data protection, cookies
Personal data collected during registration will be treated strictly in accordance with the applicable laws. They are only stored for the duration of the registration. Afterwards, all personal data will be permanently deleted. Data will only be forwarded to companies that support HEDY in processing payments. Until the deletion of the data by HEDY, the customer can view his entered data online under “User settings ” Personal data”. He can change them under the links given there. Furthermore, he may have his personal data blocked or deleted by sending a message to firstname.lastname@example.org. However, after blocking or deletion no further use of Hedy is possible. The data can be changed slightly to adapt the service. Furthermore, the data can be passed on in anonymous form to corresponding market research companies for market research and adaptation of the services.
In particular, personal data can be viewed by other registered users at Hedy, as long as they refer to the data of a contact person in a company and the company has registered in the Hedy supplier directory.
Cookies are set on the user’s computer to facilitate the use of Hedy. This is unavoidable for the use of Hedy. The cookies only serve the recognition within a single use of Hedy. No personal data will be transmitted or used in any other way.
With the registration the user agrees to the collection, processing and use of personal data to the extent mentioned above. Until the deletion of the data, the user can view this data under “User settings ” Personal data”.
Choice of law, place of jurisdiction
Austrian law shall apply exclusively to the services, their performance and all disputes arising therefrom. Articles 3 up to and including Article 37 EGBGB shall not apply.
The exclusive place of jurisdiction for all disputes is Wr. Neustadt.