General Terms and Conditions of VIEW Promotion GmbH
1. General principles / scope of application
1.1 For all legal transactions between View Promotion GmbH and its business partners, customers, advertising customers, buyers of hardware and software, suppliers, etc., these General Terms and Conditions apply exclusively. The version valid at the time the contract is concluded, including the amendments and supplements thereto communicated by View Promotion GmbH, shall be authoritative in each case.
1.2 These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in additional contracts, and shall also extend their effect to all affiliated companies.
1.3 Conflicting general terms and conditions of the client are invalid, even if they remain uncontradicted, unless View Promotion GmbH expressly accepts them in writing.
1.4 In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the meaning and economic purpose of the ineffective provision.
2. Scope of application: these General Terms and Conditions apply to all deliveries of products by View Promotion GmbH, whether they consist of hardware or software components or both, and associated services and content. Among other things, the focus is on innovative screen-based information, emergency call and advertising systems for elevators, which are supplied by View Promotion GmbH and integrated into the buyer's elevator systems.
3. Offer and scope of delivery
3.1 Offers from View Promotion GmbH are always subject to change. A contract with View Promotion GmbH is only concluded if it is in writing, i.e. if there is an offer and acceptance. Offers regarding prices and delivery times are non-binding. Details given in the descriptions and scope of delivery handed over by View Promotion GmbH to the purchaser from the services, dimensions, weights, operating materials to be used, etc., are part of the contract.
3.2 Complaints arising from transport damage must be submitted by the purchaser to View Promotion GmbH in writing immediately after receipt of the goods and without delay. Objectively justified and reasonable changes to View Promotion GmbH's performance and delivery obligations, in particular reasonable delays in delivery, shall be deemed to have been approved in advance by the purchaser, unless the transaction is a consumer transaction. Transport is at the expense and risk of the buyer. The complete systems of View Promotion GmbH are complex combinations of hardware and software, therefore announced delivery dates, if no firm deal has been agreed, are only approximate estimates. Force majeure or other unforeseen obstacles in the sphere of View Promotion GmbH or its sub-suppliers shall release View Promotion GmbH from compliance with the agreed delivery time.
3.3 If the buyer is in default of acceptance or culpably violates other obligations to cooperate, View Promotion GmbH shall be entitled to demand compensation from the buyer for the damage incurred in this respect, including any additional expenses. View Promotion GmbH reserves the right to assert further claims.
4. Price and payment
4.1 The prices quoted do not include value added tax. The prices are calculated in Euro. For the calculation of the prices, the prices valid on the day of delivery are decisive in each case. Should the wage costs change due to collective contractual regulations in the industry or internal company agreements or should other cost components relevant for the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, etc., change, View Promotion GmbH shall be entitled to increase or reduce the prices accordingly, provided that it is not a consumer transaction. Payments shall be due after invoicing without any deductions and expenses. In the case of orders comprising several units, View Promotion GmbH is entitled to invoice after delivery of each individual unit or service. Payments received by View Promotion GmbH shall first repay compound interest, interest and incidental expenses, pre-litigation costs, the costs of a lawyer and debt collection agency called in, then the outstanding capital, beginning with the oldest debt. In the event of default in payment, View Promotion GmbH shall charge default interest at the statutory rate or at the rate customary in banking. In the event of non-compliance with two installments for partial payments, the contractor shall be entitled to have deadline losses come into effect and to demand payment of the entire claim.
4.2 It is not possible to offset any counterclaims of the buyer which are disputed or not legally established.
4.3 If a one-time purchase price or usage fee is agreed, it is due as follows, in the absence of any other agreement: 30% of the total price on conclusion of the contract, 70% of the price of each (partial) service separately stated in the offer, in each case after its acceptance.
4.4 Prices or recurring payments in this contract are subject to a value guarantee which is based on the applicable consumer price index and can be asserted at any time.
4.5 If a current user charge is agreed, the settlement shall be made annually in advance, in the absence of any other agreement. Unless otherwise agreed, the usage fee is subject to a price adjustment to the extent of the percentage increase of the minimum collective agreement wage of an employee of the ST2 family of activities of the collective agreement for companies providing services in the field of automatic data processing and information technology. The deadline for the calculation of the price adjustment is the date of the first price offer by the Licensor. The usage fee shall be paid from the date of acceptance.
4.6 In the event of the opening of insolvency proceedings against the Buyer, the following amended terms of payment shall be agreed: Deliveries/services after the opening of insolvency proceedings shall only be made against cash in advance.
5. Property rights
5.1 The object of purchase shall remain the property of View Promotion GmbH until the purchase price and all associated costs and expenses have been paid in full. In the event of even partial default in payment, View Promotion GmbH shall be entitled to collect the goods at the buyer's expense without the buyer's consent, or to claim damages if collection is not possible.
5.2 Extended retention of title: The buyer is entitled to sell the object of purchase in the ordinary course of business as long as it is not in default with payment of the purchase price agreed with View Promotion GmbH. Until the buyer has paid View Promotion GmbH in full, the resale price shall be deemed to have been assigned in advance.
5.3 Installation of the systems: The installation of View Promotion GmbH's systems in the lift systems of Compact Lift GmbH's customers does not make them dependent components, but they remain independent components.
6. Warranty and liability
6.1 View Promotion GmbH assumes warranty for all hardware components delivered and properly installed for a period of 24 months from delivery, and guarantees that any defects will be remedied to the extent permitted by law, unless otherwise specified. Hardware and software must be inspected immediately after delivery. Any defects discovered must be notified in writing immediately - at the latest, however, within a preclusive period of two weeks after receipt of the consignment by the buyer at the seller. Hidden defects are to be reported immediately after their discovery. If a notice of defect is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to challenge errors due to defects are excluded in these cases. The buyer must always prove that the defect was present at the time of delivery. Excluded from the warranty are defects due to faulty handling, faulty installation or conversion, faulty maintenance, excessive strain or normal wear and tear. View Promotion GmbH shall, at the discretion of View Promotion GmbH, provide a warranty by eliminating the defect or by supplying a replacement; in the event of software defects, a replacement shall be provided exclusively by supplying the latest program version not containing the defect in question. If the subsequent improvement or the replacement delivery finally fails, the buyer can withdraw from the contract or reduce the purchase price.
6.2 In the case of software, View Promotion GmbH as the licensor warrants compliance with the specifications valid at the time the contract was concluded, provided that the software is used in accordance with the applicable installation requirements and under the applicable conditions of use. The warranty covers fault diagnosis, fault rectification and troubleshooting for the duration of the warranty obligation. Unless otherwise agreed, the warranty period shall be six months from acceptance or delivery. The fault diagnosis is carried out on the basis of an immediate error message from the purchaser or findings of View Promotion GmbH. Any malfunctions must be notified to View Promotion GmbH by the purchaser immediately and in detail. The burden of proof that the defect was already present at the time of delivery lies with the purchaser. The prerequisite for warranty claims in any case is an immediate notification of defects as well as an immediate examination or testing of the software upon delivery. The removal of errors, i.e. deviations from the valid specifications that disrupt the function, shall be carried out at the discretion of View Promotion GmbH by the delivery of new software or by corresponding modification of the program. The prerequisite for any error correction is that it is a malfunctioning error, this is reproducible, that View Promotion GmbH has installed any new versions offered to the purchaser free of charge within the warranty period, that View Promotion GmbH receives all documents and information necessary for the error correction from the purchaser and that View Promotion GmbH is given access to hardware and software during the purchaser's normal working hours. There is no warranty for software to which the purchaser or third parties have made changes without the prior written consent of View Promotion GmbH, even if the error occurs in an unmodified part. If, in the course of fault diagnosis, it is determined that there is no warranty claim or that the cause of the fault is not in the software supplied, the purchaser shall bear all costs incurred as a result. View Promotion GmbH does not guarantee that the software functions meet the requirements of the buyer, that the programs work together in the selection made by the buyer, that they run uninterruptedly or error-free or that all software errors can be eliminated. If the software does not comply with the specifications in a functionally disruptive manner under a valid warranty and View Promotion GmbH is not able to comply with the specifications within a reasonable period despite sustained efforts to do so, each party to the contract has the right to terminate the contract for the software in question with immediate effect against reimbursement of the services received. Defects in individual programs do not give the buyer the right to dissolve the contract with regard to the remaining programs. Further claims from the title of the defectiveness of the software are excluded. If the buyer has not concluded a software maintenance contract with View Promotion GmbH, View Promotion GmbH shall charge maintenance (e.g. error diagnosis and elimination, maintenance, etc.) that is not covered by the remedy of defects according to the list prices valid at the time.
6.3 View Promotion GmbH is not liable in any case if it is not responsible for the damage. This applies in particular to failures or malfunctions caused by systems not operated by View Promotion GmbH, and failures or malfunctions of network providers, or damage incurred during installation. View Promotion GmbH as well as its legal representatives or vicarious agents shall only be liable in cases of intent and gross negligence and in accordance with the Product Liability Act. Irrespective of this, View Promotion GmbH shall be liable up to a maximum of the purchase price of the affected device. View Promotion GmbH accepts no liability for financial loss or consequential damage caused by a defect. Claims for damages expire at the latest 6 months after knowledge of the damage and the damaging party, at any rate 3 years after provision of the service or delivery. The purchaser must notify View Promotion GmbH in writing of any obvious defects within a preclusive period of two weeks after becoming aware of the defect. After expiry of this period, the purchaser may no longer assert any warranty claims with regard to the objects purchased by him on the basis of these defects.
7. Rights of use
7.1 The buyer receives a limited right of use for the software supplied, which only affects him or the respective customer. The software license applies only to one user, the software may only be used for the hardware supplied, and it is not permitted to use software other than the software supplied by View Promotion GmbH or to broadcast content other than that supplied by View Promotion GmbH on the hardware supplied. In the event of a purchase, the purchaser is entitled to transfer the right of use together with the relevant device to a third party; in the event of such a transfer, the purchaser's own right of use expires. Duplication and distribution of unauthorised copies violate the rights of View Promotion GmbH and/or the copyrights of third parties and will be prosecuted under both civil and criminal law.
7.2 Any improper use of the contents and the software is liable for damages. The buyer will also contractually obligate his customers in this respect. View Promotion GmbH is not liable for any malfunctions during playback of the contents, but undertakes to remedy them as quickly as technically possible. Should the purchaser or his customers resell the systems of View Promotion GmbH to other purchasers who are expected to use the devices for a different purpose, View Promotion GmbH shall be informed thereof and shall be entitled to delete contents and software from the internal data carrier. Depending on the agreement, customers may, for a fee, play back their own individualised content on the systems: these must either be created by View Promotion GmbH or approved in writing and may only be imported into the system by View Promotion GmbH. Separate agreements shall be made for the creation. Use on hardware other than that defined in the contract and on several workstations requires a separate written agreement against payment.
7.3 All other rights to the software are reserved by View Promotion GmbH as licensor. Without their prior written consent, the purchaser is therefore not entitled, without prejudice to the provisions of § 40d of the German Copyright Act, to reproduce, modify, make available to third parties or use the software on hardware other than that which is the subject of the contract. Additional services and deliveries, as listed below for example, shall be rendered on the basis of separate agreements and invoiced at the Licensor's valid list prices: Work to duplicate, translate or generate the software on data carriers supplied by the Licensor, insofar as they are not part of hardware supplied by the Licensor; analysis and elimination of malfunctions caused by improper handling or errors in the operation or use of the software or other circumstances for which View Promotion GmbH as Licensor is not responsible; support in the introduction of the software and training, insofar as the contract does not contain any relevant provisions; software updates, etc.; the provision of a service package for the Licensor; the provision of a service package for the Licensor; the provision of a service package for the Licensor.
7.4 Duties of the software buyer: The buyer is responsible for the selection of the software offered by View Promotion GmbH; in the case of individual software, for the transmission of all information required for the creation of the software to create the specification prior to the conclusion of the contract; the use of the software and the results achieved with it; the protection of all rights of the licensor (such as, but not limited to, the right to use the software, the right to use the software, and the right to use the software).B. industrial property rights, copyright including the right to a copyright notice) to the software and the protection of the licensor's claims to confidentiality of company and business secrets, also by his employees and vicarious agents or third parties; it shall also apply if the software has been modified or combined with other programs. This obligation shall remain in force even after termination of the contract.
7.5 Software specifications: View Promotion GmbH provides the specifications for standard software. View Promotion GmbH is entitled to change the software specifications for new versions. For individual software commissioned by the purchaser, a requirement specification must be agreed in writing between the licensor and the purchaser. Software specifications may, for example, include performance characteristics, documentation on special functions, hardware and software requirements, installation requirements, conditions of use, operation (user manual).
8.1 Depending on their configuration, the systems manufactured by View Promotion GmbH contain the option of playing content such as information and advertising content. View Promotion GmbH is solely responsible for the design, programming and updating of the content and will not disseminate any offensive or illegal content. All advertising content is strictly checked by View Promotion GmbH in accordance with the guidelines of the Austrian Advertising Council (Code of Ethics), so no content is played that is illegal or contradicts the general principles of ethics, morals, safety and health. View Promotion GmbH reserves the right not to play any advertising that is contrary to its interests or those of individual advertising partners. However, if View Promotion GmbH systems are designed in such a way that they are refinanced by advertising revenues and thus become more favourable for the operators, the composition and sequence of these contents is the sole responsibility of View Promotion GmbH. No guarantee can be given that competing advertising content will be played out, but this is avoided if the information is known and technically feasible. The technical equipment for the transmission of the contents, such as emergency telephone lines or W-Lan connections are to be maintained by the buyer and his customers in such a way that this transmission is guaranteed at all times. In this regard, the buyer must also contractually obligate his customers and obtain their written consent to play the contents.
8.2 If View Promotion GmbH assumes the costs for any emergency call charges and telephone lines or similar, the respective lift must be integrated into the display advertising network operated by View Promotion GmbH. If the elevator concerned does not (yet) play out any advertising, then the elevator must be integrated into the display advertising network at the latest if this is technically possible.
8.3 Remote maintenance of software and content. Should technical adaptations, updates or maintenance be necessary for the optimal functioning of the devices or the broadcasting of the contents, View Promotion GmbH is entitled to access the devices at any time and to carry them out on site or by remote maintenance, irrespective of any other maintenance agreement that may exist.
8.4 If customers or users are authorized to upload content to a View Promotion GmbH system themselves, they automatically confirm that their uploaded graphic, image and/or video material does not constitute a violation of copyright law, in particular the rights of third parties, does not conflict with generally applicable laws, and furthermore that no personal rights are violated by the playout via the VIEW display network and that the uploaded material does not contain any inadmissible or offensive content. The customers or users accept that View Promotion GmbH is entitled to interrupt the respective campaign at any time, to delete media content or to edit it in prior consultation. The users automatically consent to View Promotion GmbH subjecting the media content to a detailed review of technical quality, content and legal aspects and being able to reject the uploaded graphic, image and/or video material without stating reasons.
9. Service fees and maintenance contractsView Promotion GmbH charges, depending on the agreement with its customers, in addition to the purchase price, current fees for rent and maintenance as well as transaction-dependent fees. The amount of the transaction costs results from the separately concluded service contract or the fee terms of View Promotion GmbH.
10. Customer data and data protection
View Promotion GmbH collects and processes personal data only to the extent that it is permissible under applicable law and is necessary for the proper conduct of business and may be required by legal provisions. By voluntarily providing his data, the user/customer expressly consents to the processing of his data.
The user has the right to request information about the data stored by View Promotion GmbH at any time and free of charge. Should the data of customers and partners have changed, View requests a corresponding written notification by e-mail or simple letter. The user also has the right to have any personal data transmitted to View Promotion GmbH deleted at any time. However, this does not apply to data that form the basis of an existing business relationship. In order to request the deletion of personal data, it is sufficient for the user to contact View Promotion GmbH in writing by e-mail or simple letter.
In contrast to personal data, each time you visit the websites of View Promotion GmbH, data such as IP address, date, time, websites viewed, length of visit, etc. are stored for statistical or security purposes. If no illegal action is taken on the part of the user, these data are processed without exception and completely anonymously. This type of data processing only serves to better tailor the content to the needs of visitors. We therefore reserve the right to process such data.
The customer expressly agrees that he may be contacted for the purpose of advertising and information, newsletters, e-mail etc. by the employees of View Promotion GmbH as well as assistants and agents by telephone, fax, letter or e-mail etc.. Under no circumstances will View Promotion GmbH demand from a customer/user - in particular not by electronic means - the surrender of personal data such as passwords, login data etc. (SPAM, PHISHING etc.).
In the case of periodic or irregular messages - e.g. newsletters - the recipient has the right to unsubscribe at any time. A simple e-mail to View Promotion GmbH is sufficient for this purpose. Notifications which serve to maintain and maintain an existing customer relationship - e.g. correspondence on appointments, important information on existing contractual relationships and other administrative measures - are expressly excluded from consent by the customer.
As a rule, View Promotion GmbH does not use any "cookies" within the Internet offer. However, if cookies are required for individual functions, the user agrees to the use of these cookies by using these offers. For your own security, however, users can deactivate the storage of cookies or set their browser so that it notifies them as soon as cookies are sent.
View Promotion GmbH will under no circumstances pass on personal data to third parties unless there is a compelling legal justification for doing so. In addition, appropriate technical and organizational precautions are taken for the security of the data.
Last updated: 1. March 2016