COMMON PROVISIONS FOR entrepreneurs and consumers
ARTICLE 1: DEFINITIONS
For the purposes of these General Terms and Conditions (GTC), the following definitions shall apply:
ALPHATRAD Austria GMBH: a limited-liability company (GmbH) under Austrian law, registered in Vienna under the company register number FN342029i with its registered office at 1060 Vienna, Hirschengasse 15/1 – 3 (email: firstname.lastname@example.org, telephone: +43 (0)800 204206).
Client: the natural or legal person with whom ALPHATRAD AUSTRIA concludes a contract for the delivery of translations, interpreting services, interpretation by telephone or video conference, language recordings, subtitling, proofreading, foreign language typesetting and transcription of audio files.
Consumer: any natural person who enters into a legal transaction for purposes that for the most part cannot be attributed to the person’s activities in a commercial or self-employed capacity.
Entrepreneur: any natural or legal person or a partnership with legal capacity who/which, when concluding a legal transaction, acts in the exercise of his/her/its commercial or independent professional activity.
Service(s): Translations, interpreting services, interpretation by telephone or videoconference, voice recording (voice off and voice over), subtitling, proofreading, foreign language typesetting and transcription of audio files offered to the client by ALPHATRAD AUSTRIA within the framework of an offer or a contract signed between ALPHATRAD AUSTRIA and the client.
Contract: the contract concluded between ALPHATRAD AUSTRIA and the client under which the delivery of translations, interpreting services, interpretation by telephone or video conference, language recordings, subtitling, proofreading, foreign language typesetting and transcription of audio files by ALPHATRAD AUSTRIA in return for payment of an amount by the client is agreed.
ARTICLE 2: FIELD OF APPLICATION
In addition to the offer, cost estimate, order, order confirmation, these GTC constitute the sole basis of the contractual relationship between the parties. They can be viewed by entrepreneurs at any time on the website of ALPHATRAD AUSTRIA: https://www.alphatrad.at. Consumers will receive them with the offer.
These GTC define the conditions under which ALPHATRAD AUSTRIA provides the client with translations, interpreting services, interpretation by telephone or video conference, language recordings, subtitling, proofreading, foreign language typesetting and transcription of audio files upon request via the website https://www.alphatrad.at, by e-mail or using a paper medium sent directly to ALPHATRAD AUSTRIA. These GTC apply to all present and future contractual relationships between us and the client, i.e. even if no express reference is made to them in supplementary orders.
Deviating, conflicting or supplementary General Terms and Conditions of Business of our clients, even if we do not expressly object to them, shall only become part of the contract if we expressly acknowledge their inclusion in writing before or upon conclusion of the contract. Confirmations to the contrary by the client with deviating terms and conditions of purchase are hereby rejected.
In the event of the invalidity of one or more provisions of these GTC, the remaining provisions of same shall continue to apply. Should a clause or provision be or become wholly or partially invalid or unenforceable, both parties undertake to replace this wholly or partially invalid provision with a legally permissible, valid and enforceable provision corresponding as closely as possible to the commercial intent of the invalid provision.
Furthermore, it is pointed out that these GTC may be subject to subsequent amendments. In this case, ALPHATRAD AUSTRIA will inform the client in writing at least one month before the amendment takes effect. This amendment will come into force one month after its receipt by the client, unless the client objects to the amendment in writing within two weeks of receipt of the amendment notification. Otherwise, ALPHATRAD AUSTRIA will assume the client's consent to the amendment. ALPHATRAD AUSTRIA undertakes to draw the client's attention to the intended significance of his conduct at the beginning of the period.
ARTICLE 3: ORDERS AND CONCLUSION OF THE CONTRACT
The offer submitted by ALPHATRAD AUSTRIA, irrespective of the form in which it is submitted, is subject to change insofar as it is addressed to entrepreneurs.
We are bound by offers to consumers for two weeks, calculated from the date of the offer.
The client selects the services required. At this point it is pointed out that the client is solely responsible for the selection and purchase of the services. In this sense, it is the client's responsibility to check the correctness of the order before it is sent to ALPHATRAD AUSTRIA in whatever form.
The contract is only concluded after the preparation of an offer by ALPHATRAD AUSTRIA and after its express acceptance by the client via the placement of an order (business) or upon receipt by ALPHATRAD AUSTRIA of payment by the client (consumer or entrepreneur in special cases) by way of confirmation of the client’s order.
As set out in article 6 of these GTC, the offer contains the price offered for the requested service, the amount that must be transferred, the delivery period and the delivery methods. If the client deviates in the order placed from the content of the offer by ALPHATRAD AUSTRIA, no contract will be deemed to have been concluded, so that the client shall in no way be entitled to claim the provision of the service offered by ALPHATRAD AUSTRIA.
The delivery period stated in the offer is based on the client placing his order within a period of 48 hours from receipt of the offer. If this deadline is not met, the delivery period will be extended by the period between the expiry of the calculated 48-hour period and the receipt of the order. The client shall not be entitled to any claims due to the change in the delivery period. In the case of a transaction with a drop dead date, no contract will be concluded on the basis of the delayed order. It will then be treated as a new client request.
ALPHATRAD AUSTRIA reserves the right to refuse an order or to reject the translation of the text or parts thereof. This is particularly the case if the content is criminal or unlawful or contrary to public morality.
ARTICLE 4: PRICE CONDITIONS
The prices stated in the offer and which have become the subject matter of the contract in accordance with art. 3 of these GTC shall apply, unless ALPHATRAD AUSTRIA modifies them before the moment the order is placed by a client who is an entrepreneur. In the case of consumers, the price in the offer shall apply if the order has been received by ALPHATRAD AUSTRIA within the binding period or in the event of a delay in receipt if ALPHATRAD AUSTRIA has not objected to the order.
Prices are quoted in euros.
The total price shown in the offer, which includes statutory VAT and other price components, applies to consumers. For consumers, additional freight, delivery or shipping costs or other costs will only be incurred if they are shown in the offer. For business clients, statutory sales tax should be added to the prices stated in the offer. Invoicing by ALPHATRAD AUSTRIA will take place upon delivery.
If the client changes the order placed after receipt of the order, ALPHATRAD AUSTRIA shall be free to accept or reject the amended order. In case of acceptance of the amended order, the costs incurred by the amendment shall be additionally charged to the client. If the amendment includes a partial termination of the order originally placed, ALPHATRAD AUSTRIA shall be entitled to demand the agreed remuneration insofar as the partial termination is concerned, but shall be entitled to deduct any expenses saved.
ARTICLE 5: TERMS OF PAYMENT FOR SERVICES
1. For consumers, advance payment is required.
2. The following applies to entrepreneurs:
ALPHATRAD AUSTRIA is entitled to demand down payments, payments on account or advance payment at its reasonable discretion.
In the case of the preparation of translations, subtitling, proofreading and transcriptions, the client is obliged to accept the work by the end of the 7th working day after delivery of the work. If the client does not accept the work within this period and if the client has not refused acceptance within this period, stating at least one defect, the work shall be deemed to have been accepted.
Invoices for instalments and invoices for advance payment are payable and due within eight days of the invoice date. Other invoices are payable and due two weeks after the invoice date, but not before acceptance in the case of translations, subtitling, proofreading and transcriptions.
3. In the event of delay, we will charge default interest vis-à-vis an entrepreneur in the amount of 9.2% p.a. above the base interest rate (§ 456 UGB (Austrian Commercial Code)), but no less than 11% p.a.
This shall not affect the assertion of any further damage caused by the delay. The client is at liberty to prove lesser damage caused by delay in individual cases.
4. In the event of delay by an entrepreneur, we will additionally charge a lump sum for any collection costs in the amount of € 40 (§ 458 UGB).
5. With respect to our claims, the exercise of a right of retention or set-off is only possible with undisputed or legally established claims. This restriction of the right to exercise the right of retention or set-off shall will apply to such counterclaims that do not originate from the same legal relationship. Furthermore, sentences 1 and 2 shall only apply vis-à-vis a consumer insofar as the consumer does not have a right to revoke the contract at the time of exercising the right of retention or set-off.
6. If the client defaults on a payment, all further claims, even if they are not yet due, shall become due immediately. Furthermore, with regard to contracts not yet executed, the client will be required to pay in advance. The same applies if the economic situation of the client deteriorates after conclusion of the contract.
ARTICLE 6: PERFORMANCE OF THE CONTRACT, COOPERATION OF THE CLIENT
All orders will be confirmed and executed exclusively by ALPHATRAD AUSTRIA, even if the express or implicit wish has been expressed that the order be undertaken by a specific person at ALPHATRAD AUSTRIA. Following the conclusion of the contract, ALPHATRAD AUSTRIA will undertake the translation services in accordance with the specifications agreed with the client in accordance with the contract.
The client is obliged to cooperate to the extent required in the production or provision of the service. ALPHATRAD AUSTRIA will inform the client about the required degree of cooperation. If the client fails to comply with its obligations to cooperate even after a reminder, agreed delivery dates will be postponed by the duration of the delay caused by the lack of cooperation. Furthermore, ALPHATRAD AUSTRIA is entitled to demand reasonable compensation and/or to terminate the contract after fruitless expiry of a reasonable deadline and the simultaneous announcement of the termination.
ALPHATRAD AUSTRIA is entitled to have the services performed by third parties for the sake of the proper fulfilment of the contract.
ARTICLE 7: CHANGES TO THE CONTRACT AND ADDITIONAL SERVICES REQUESTED BY THE CLIENT
Additional agreements or subsequent amendments and concessions granted orally by ALPHATRAD AUSTRIA staff will only be considered legally binding upon same after their confirmation by ALPHATRAD AUSTRIA by email or by post. The employees of ALPHATRAD AUSTRIA are not authorised to represent ALPHATRAD AUSTRIA in legal transactions. ALPHATRAD AUSTRIA is free to decide whether to accept or reject changes to the order placed or additions and extensions to the order placed. It is expressly pointed out in particular that ALPHATRAD AUSTRIA is entitled to reject the changes requested by the client depending on the degree of progress of the services or in the event of the impossibility of complying with the client's change requests after the conclusion of the contract.
In the event that ALPHATRAD AUSTRIA takes into account the changes, additions and extensions requested by the client, these will entail the preparation of a new offer and changes to the agreed remuneration. If the client rejects the changes, no agreement will be reached and ALPHATRAD AUSTRIA will not execute the change, addition or extension.
ARTICLE 8: SPECIAL ARRANGEMENTS
8.1 Use of specialist terminology
If the client wishes to use the client's own specialist terminology, he must provide ALPAHATRAD AUSTRIA with a corresponding glossary in accordance with the following rules. Without the provision of such a glossary, ALPHATRAD AUSTRIA cannot guarantee the use of any specialist terminology that characterises the client's field of expertise or its in-house jargon within the scope of the provision of services.
In this respect, the client is obliged to provide ALPHATRAD AUSTRIA with the documentation (glossary) required for the efficient execution of the services at least eight (8) days prior to the commencement of the delivery of the services, This documentation must include, in particular, the technical glossary and the specialist terminology customarily used in the client's specialist area affected by the delivery of the service.
In the absence of the delivery of a glossary by the client at least 8 days prior to the commencement of the delivery of the services, the translator and/or Interpreter will use the standard terminology of the relevant subject area.
8.2 Types of interpretation services
Different types of interpreting services are offered to the client:
Liaison or consecutive interpreting: The interpreter has the task of establishing a link between two parties who do not speak the same language. The speaker or speakers are required to take breaks to give the interpreter time to translate the content of the conversation. This technique is used in particular in the context of business meetings, training courses or accompaniment on the occasion of face-to-face events, by telephone or by videoconference.
Simultaneous interpreting (in a booth): The interpreter works in a noise-protected booth. In this case, at least two interpreters are used, as the continuous working time is limited to 20 minutes, so the interpreters take turns.
The speaker speaks into a microphone connected to the interpreter, who is equipped with headphones and reproduces the content of the speech simultaneously via a microphone, The content of the speech is sent into the headphones of the auditorium in the language concerned.
8.3 Remote interpreting
The interpretation, which can take place by telephone or in the context of a video conference, is charged by the hour.
Each hour started will be charged in full.
Remote interpreting requires an appointment. Billing starts from the exact hour of this appointment. However, appointments cancelled at least 48 hours in advance will not be invoiced, unless other conditions are communicated when the offer is made.
If the client requires the recording of conversations within the scope of the delivery of interpreting services, he is obliged to inform the participants of the conversation in advance and to obtain their consent. ALPHATRAD AUSTRIA will guarantee this recording only for its possible use as a transcription and after confirmation by the client that he has the consent of the different participants for this. ALPHATRAD AUSTRIA declines any liability in connection with the proper consent of the different participants. In application of the legal provisions on the protection of personal data, ALPHATRAD AUSTRIA excludes the transmission of the recording to the client, which will be destroyed after the translation in question has been handed over to the client. Additional costs may be incurred with regard to the recording of the interpretation.
Furthermore, the client's attention is drawn to the fact that an interpreter cannot be rejected by the client on the basis of his/her accent insofar as he/she has a proper command of the languages required for the delivery of the services.
On the occasion of interpretation by telephone or in the context of a videoconference conducted by an external provider on behalf of the client or his interlocutor (Zoom, Microsoft Teams or similar), ALPHATRAD AUSTRIA cannot be held liable for the insufficient quality of the telephone or internet connections or the conference routing system. Consequently, ALPHATRAD AUSTRIA cannot be held responsible for any interruptions.
8.4 Interpreting services delivered on site
a. Costs in connection with the provision of the services
Unless otherwise stipulated, expenses incurred in connection with the provision of the service shall be borne by the client. These expenses (flight, flight time, train, taxi, accommodation, meals and other) will be charged to the client in the amount incurred.
The client shall reimburse ALPHATRAD AUSTRIA for these costs to immediately after invoicing.
b. Working hours
If the interpreter is obliged to dine together with the client (e.g. lunch and/or dinner) as part of the assignment given, the time spent in this respect will be treated as working hours. Upon request, the client is obliged to sign the interpreter's attendance record.
c. Damage to or loss of the interpreting equipment provided to the client
If interpreting equipment (booths, microphones, headphones, etc.) is provided to the client in whole or in part, the following shall apply for the duration said equipment is in the client's possession:
The client must properly secure the equipment against damage, destruction and/or loss and monitor compliance with and maintenance of the security measures for the duration the equipment is in the client’s possession. The client must insure the equipment against damage and loss for the duration of its ownership at his own expense and provide ALPHATRAD AUSTRIA with proof of insurance coverage upon request. Upon request, ALPHATRAD AUSTRIA will inform the client of the required insurance sum.
In the event of damage to or loss of the equipment or parts thereof for which the client or third parties attributable to the client by operation of law is/are responsible, the client shall be liable to ALPHATRAD for compensation of the damage incurred, provided that the client and/or the third parties attributable to the client are responsible for the damage or loss. The same shall apply in the event that the equipment is damaged or lost in whole or in part by other third parties because the client has not fulfilled its obligation to secure the equipment or to monitor the maintenance of this security in a manner for which the client is responsible.
In the event of damage and/or loss for which the client is not responsible, the client shall be liable to ALPHATRAD in the amount of the insurance benefit. If the client has failed to properly insure the risk for reasons for which the client is responsible, the client shall be liable in the amount of the current market value of the damaged and/or lost equipment.
d. Extension of the deadline for delivery of the services or its extension at the instigation of the client
If the period for the provision of the service is extended due to circumstances for which the client is responsible, the client shall be liable for the additional costs caused thereby.
In particular, these costs consist of, but are not limited to:
- the costs for the additional time incurred in line with the price conditions set out in the cost estimate confirmed by the client;
- reimbursement of the interpreter's additional transport costs (aeroplane tickets or train tickets) in the actual amount;
- the reimbursement of the additional accommodation costs incurred by the interpreter in the actual amount and the additional fees incurred if same has to extend his/her stay at the place of assignment due to the extension of the deadline for the delivery of the services.
A client is not entitled to reject an interpreter on the basis of his/her foreign accent insofar as the same has a proper command of the languages required for the delivery of the services.
If the client is not satisfied with the interpreter's performance in the absence of any defect in the interpreting service, he/she is obliged to inform ALPHATRAD AUSTRIA within four hours of the commencement of the delivery of the service, or within four hours of becoming aware of same in the event that the client only becomes aware of the shortcomings later on.
If in this case the client refuses the further provision of the interpreting service by this interpreter, ALPHATRAD AUSTRIA shall attempt to replace the interpreter to the extent that replacement interpreters are available. In this case, ALPHATRAD AUSTRIA is not obliged to appoint a substitute interpreter. If the interpreter is rejected by the client and in particular in the event that no substitute interpreter is provided, ALPHATRAD AUSTRIA shall only be liable vis-à-vis the client for compensation of the foreseeable damage in the case of an inadequate selection of the interpreter and, if covered by an insurance policy of ALPHATRAD AUSTRIA, limited to the amount of the insurance benefit. This limitation of liability does not apply in cases of intent, gross negligence or damage in relation to death, injury or damage to health.
In the event of defective interpreting services, liability shall be limited to compensation for the foreseeable damage. It is unlimited in the event of intent, gross negligence or damage in relation to death, injury or damage to health.
By way of derogation from the provisions of article 9, the defect in the interpreting service must be notified in writing within five days of the provision of the service, insofar as the defect was obvious, otherwise in dealings with entrepreneurs within five days of it becoming apparent. The alleged defect must be described.
f. Voice recordings
In the field of voice recordings, the prices included in the quotation are based on the information provided by the client or the duration of the original file or the number of characters in the text, the type of voices, the languages and the processing of the audio file. The services rendered by ALPHATRAD AUSTRIA may be used on all carriers without time limitation and in public media such as terrestrial radio stations, internet or television, unless the quotation states otherwise.
For each order, the client shall confirm one voice. If this voice is no longer considered satisfactory after the file has been transmitted, remuneration shall still be due provided there are no defects in the voice. If the client requests a new recording in the absence of any defects in recording, the client must pay for the new recording.
If the client requests the integration of sound carriers such as music or other media provided by the client, the client is obliged to ensure that the rights of the persons entitled to dispose of such media or carriers such as authors, publishers or composers are respected. In this respect, the client shall indemnify and hold harmless ALPHATRAD AUSTRIA against any claims by third parties, unless ALPHATRAD AUSTRIA was aware at the moment the service was provided that an infringement of rights existed.
If ALPHATRAD AUSTRIA itself procures the works to be integrated after consultation with the client, the costs incurred for the examination of the infringement or the acquisition of the rights shall be charged to the client.
Delivery will mainly take place via e-mail in the form of an MP3 or MP4 file, unless otherwise indicated in the quotation.
ARTICLE 9: LIABILITY OF ALPHATRAD AUSTRIA - COMPLAINT PROCEDURES
In the case of translations, subtitling, proofreading and transcriptions, the client is obliged to check the service for any defects after acceptance or delivery. Defects must be notified – without disadvantageous legal consequences for the client, a consumer within the meaning of the KSchG (Austrian Consumer Protection Act), in the event of failure to do so – if possible upon delivery or after they become apparent. Notification of defects must be submitted in writing.
If the client is an entrepreneur, he must check the service received for completeness, correctness and defects immediately upon delivery and report any defects found immediately, in any case within eight days. The notification must be submitted in writing. If a notice of defects is not issued or not issued in good time, the performance shall be deemed to be in accordance with the contract. The assertion of warranty claims and/or claims for damages due to the defect itself and the right to contest errors due to defects shall be excluded in this case.
In the case of translations, subtitling, proofreading and transcriptions, the client shall, in the event of a justified and timely notification of defects, set ALPHATRAD AUSTRIA a reasonable period of time within which ALPHATRAD AUSTRIA will have the opportunity to remedy the defect specified. If the defects are remedied within this reasonable period, the client is not entitled to a price reduction. If the defects are not remedied, the client may demand a price reduction or, in the case of major defects, withdraw from the contract. In the case of minor defects, there is no right to withdraw from the contract. ALPHATRAD AUSTRIA undertakes to process any complaint within a maximum period of 30 days.
Merely stylistic improvements or adjustments of specific industry or company-specific expressions shall not be considered and recognised as translation defects. Rectification is excluded if the deviations were caused by the client himself, in particular due to incorrect and/or incomplete information provided by the client.
ALPHATRAD AUSTRIA is liable for a) damage caused intentionally or by gross negligence, b) in case of fraudulent intent, c) in case of guarantees or warranties assumed by same, d) in case of death, injury or damage to health and e) in case of claims under the Product Liability Act.
Furthermore, ALPHATRAD AUSTRIA is liable for breaches of duty due to simple negligence of essential contractual primary obligations, i.e. such obligations the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the client regularly relies or may rely. Otherwise, ALPHATRAD AUSTRIA's liability for slight negligence is excluded, unless otherwise mandated by law.
ALPHATRAD AUSTRIA shall not be liable beyond this.
All claims for damages against ALPHATRAD AUSTRIA are limited to the amount of the invoice amount (net), unless otherwise stipulated by mandatory law. Excluded from this limitation of damages are cases in which the damage was caused by gross negligence or intent or for damage to persons under the Product Liability Act.
If the client is a company, any claims for damages by the client must be asserted in court within six months of becoming aware of the damage and the damaging party, but no later than 12 months after termination of the service contract in question, otherwise the assertion of claims is excluded. An extension in the working relationship is not accompanied by an extension to this period. The client must prove that the damage is due to fault or gross negligence on the part of ALPHATRAD AUSTRIA.
Furthermore, ALPHATRAD AUSTRIA shall not be liable for consequential and pecuniary damage, other direct damage and losses or loss of profit resulting from defective, omitted or delayed deliveries, unless ALPHATRAD AUSTRIA has acted with intent or gross negligence.
In the case of interpreting services, clause 8.4. e) shall take precedence.
ARTICLE 10: Rights of use
The intellectual property rights of ALPHATRAD AUSTRIA regarding the services rendered on behalf of the client belong exclusively to ALPHATRAD AUSTRIA.
ALPHATRAD AUSTRIA remains the sole owner of the rights of use until the client has paid the invoice in full, so that the client is not entitled to use the services before the invoice has been paid in full. After full payment, the client is entitled to exercise these intellectual property rights in relation to the services rendered under the conditions stipulated in the offer: either free rights of use on all carriers without time limitation or limited rights of use.
ARTICLE 11: FORCE MAJEURE
"Force Majeure" means the occurrence of an event or circumstance which prevents a party from performing one or more of its obligations under the contract if and to the extent that the party affected by the hindrance proves that:
(a) that obstacle is beyond its reasonable control; and
(b) it was not reasonably foreseeable at the time the contract was concluded; and
(c) the effects of the impediment could not reasonably have been avoided or overcome by the affected party.
In the absence of proof to the contrary, the following events affecting a party shall be presumed to meet the requirements under the preceding paragraph letter (a) and lit. (b) of this clause:
(i) war (declared or undeclared), hostilities, attack, acts by foreign enemies, large-scale military mobilisation;
(ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;
(iii) currency and trade restrictions, embargo, sanctions;
(iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalisation;
(v) plague, epidemic, natural disaster or extreme natural event;
(vi) explosion, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems or power;
(vii) general labour unrest such as boycotts, lawful strikes and lockouts, slowdowns, occupations of factories and buildings.
ALPHATRAD AUSTRIA, if it successfully invokes this clause, shall be released from its obligation to perform its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the time when the impediment makes it impossible for it to perform; provided that this is notified without delay. If the notification is not made without delay, the release shall take effect from the time the notification reaches the client.
If the effect of the asserted impediment or event is temporary, the consequences just described shall only apply as long as the asserted impediment prevents ALPHATRAD AUSTRIA from fulfilling the contract. If the duration of the asserted impediment has the effect that the contracting parties are deprived to a considerable extent of what they could reasonably expect by virtue of the contract, each party shall have the right to terminate the contract by notifying the other party within a reasonable period of time. Unless otherwise stipulated, the parties expressly agree that the contract may be terminated by either party if the duration of the hindrance exceeds 120 days.
ARTICLE 12: CONFIDENTIALITY
ALPHATRAD AUSTRIA undertakes to maintain the confidentiality of the documents transferred to it and of the content of the statements made during the delivery of the services.
ALPHATRAD AUSTRIA undertakes to obtain the same commitment from its translators, interpreters, speakers or any other person commissioned with or involved in the provision of a service.
ARTICLE 13: PERSONAL DATA
ALPHATRAD AUSTRIA collects and stores the personal data transmitted by the client in a secure form thanks to data and physical security measures. The data is kept in files that are only accessible to ALPHATRAD AUSTRIA employees and the IT service providers working for ALPHATRAD AUSTRIA.
The data will be stored in an external data centre located in a Member State of the European Union in accordance with the legislation on the protection of personal data.
ARTICLE 14: APPLICABLE LAW – LANGUAGE
These GTC and the related transactions are governed by Austrian law.
These GTC are written in German.
In the event of their translation into one or more foreign languages, only the German version shall be legally binding in the event of a dispute.
SPECIAL CONDITIONS APPLICABLE TO CONSUMERS
ARTICLE 15: Alternative Dispute Resolution under the Alternative Dispute Resolution Act (AStG)
ALPHATRAD AUSTRIA is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The EU Commission has set up an internet platform for the online settlement of disputes ("ODR platform") between entrepreneurs and consumers. The ODR platform can be reached at https://ec.europa.eu/consumers/odr/."
SPECIAL PROVISIONS APPLICABLE TO ENTREPRENEURS
ARTICLE 16: SUBJECT-SPECIFIC GENERAL TERMS AND CONDITIONS OF BUSINESS
The information contained in the catalogues, brochures and price lists of ALPHATRAD AUSTRIA is non-binding and may be revised at any time.
In this respect, ALPHATRAD AUSTRIA is entitled at any time to make such changes as it deems necessary.
ALPHATRAD AUSTRIA may also be prompted to draw up subject-specific General Terms and Conditions that deviate from these General Terms and Conditions depending on the type of business client concerned, which shall be determined on the basis of objective conditions.
In this case, the subject-specific General Terms and Conditions will apply to all business clients who meet these criteria.
ARTICLE 17: DISPUTES, JURISDICTION
1) If the client is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes concerning the contract with the client or these General Terms and Conditions shall be the registered office of ALPHATRAD Austria GmbH, i.e. Vienna. The same applies if the client has no general place of jurisdiction in Austria.
2. If the client is a consumer, the place of jurisdiction shall be determined in accordance with statutory provisions.