1. General principles / scope
1.1 These general terms and conditions apply exclusively to all legal transactions between View Promotion GmbH and its business partners, customers, advertising customers, buyers of hardware and software, suppliers, etc. The version valid at the time of the conclusion of the contract is decisive, including the changes and additions submitted by View Promotion GmbH.
1.2 These general terms and conditions also apply to all future contractual relationships, even if they are not expressly referred to in additional contracts, and extend their effect to all affiliated companies.
1.3 Conflicting general terms and conditions of the client are invalid, even if they remain uncontested, unless these are expressly recognized in writing by View Promotion GmbH.
1.4 In the event that individual provisions of these General Terms and Conditions are and / or become ineffective, this does not affect the effectiveness of the remaining provisions and the contracts concluded on the basis of them. The ineffective one is to be replaced by an effective provision that comes closest to its meaning and economic purpose.
2. Scope: 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 the associated services and content. The focus is on, among other things, innovative screen-based information, emergency call and advertising carrier systems for elevator systems, 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 non-binding. A contract with View Promotion GmbH only comes into existence when it is in writing, so that the offer and acceptance have been received. Offers about prices and delivery times are non-binding. Information in the descriptions and scope of delivery given to buyers by View Promotion GmbH from the services, dimensions, weights, consumables to be used, etc., are part of the contract.
3.2 Complaints arising from transport damage must be submitted to View Promotion GmbH in writing and immediately upon receipt of the goods. Objectively justified and appropriate changes to the performance and delivery obligations of View Promotion GmbH, in particular reasonable delivery deadlines, are deemed to have been approved by the buyer in advance, unless it is a consumer transaction. Transports are carried out at the expense and risk of the buyer. The overall systems of View Promotion GmbH are complex combinations of hardware and software, so announced delivery dates are only approximate if no firm deal has been agreed. Force majeure or other unforeseen obstacles in the sphere of View Promotion GmbH or its sub-suppliers release View Promotion GmbH from compliance with the agreed delivery time.
3.3 If the buyer is in default of acceptance or if he culpably breaches other obligations to cooperate, View Promotion GmbH is entitled to demand compensation from the buyer for the damage incurred, including any additional expenses. We reserve the right to make further claims.
4. Price and payment
4.1 The prices mentioned do not generally include sales tax. The prices are calculated in euros. The prices valid on the day of delivery are decisive for the calculation of the prices. If the wage costs should change due to collective bargaining agreements in the industry or in-house agreements or should other cost components relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, etc. change, View Promotion GmbH is entitled to change the prices to increase or decrease accordingly, unless it is a consumer business.
Payments are due free of charge after invoicing without any deductions or expenses. In the case of orders that include several units, View Promotion GmbH is entitled to invoice each individual unit or service after delivery. Payments received by View Promotion GmbH first pay off compound interest, the interest and ancillary expenses, the pre-litigation costs, the costs of a lawyer and debt collection agency called in, then the outstanding capital, starting with the oldest debt. In the event of default in payment, View Promotion GmbH will charge default interest at the statutory rate or at the rate customary in banking. If two installments are not met in the case of partial payments, the contractor is entitled to allow deadlines to come into effect and to make the total claim due.
4.2 Offsetting against any contested or not legally established counterclaims of the buyer is not possible.
4.3 If a one-off purchase price or usage fee is agreed, this is due as follows, unless otherwise agreed: 30% of the total price upon conclusion of the contract, 70% of the price of each (partial) service shown separately in the offer, in each case after its acceptance.
4.4 Prices or recurring payments in this contract are subject to a value protection that is based on the currently applicable consumer price index and can be asserted at any time.
4.5 If an ongoing usage fee is agreed, the offsetting takes place annually in advance, in the absence of any other agreement. Unless otherwise agreed, the user fee is subject to a price adjustment to the extent of the percentage increase in the collective agreement minimum wage of an employee of the ST2 activity family of the collective agreement for companies in the field of services in automatic data processing and information technology. The key date for calculating the price adjustment is the date of the first price offer by the licensor. The usage fee is payable from the day of acceptance.
4.6 In the event that insolvency proceedings are opened against the buyer, the following changed payment terms are agreed: Deliveries / services after the opening of insolvency are only made against prepayment.
5. Property Rights
5.1 The purchase item remains 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 is entitled to collect the goods at the buyer’s expense, even without the consent of the buyer, or to claim compensation 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 arrears with the payment of the purchase price agreed with View Promotion GmbH. Until the buyer has paid in full to View Promotion GmbH, the resale price is deemed to have been assigned in advance.
5.3 Installation of the systems: By installing the systems from View Promotion GmbH in the lift systems of the customers of Compact Lift GmbH, these do not become dependent parts, but remain independent components.
6. Warranty and Liability
6.1 View Promotion GmbH assumes the guarantee for all delivered and properly installed hardware components for a period of 24 months from delivery, and guarantees the elimination of possible defects within the legal scope unless otherwise specified. Hardware and software must be examined immediately after delivery. Any defects found must be reported to the seller in writing immediately – at the latest, however, within a preclusive period of two weeks after receipt of the shipment by the buyer. Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded in these cases. The buyer always has to prove that the defect existed at the time of delivery. Defects due to incorrect handling, incorrect installation or modification, incorrect maintenance, excessive use or normal wear and tear are excluded from the guarantee. View Promotion GmbH warrants at the option of View Promotion GmbH by eliminating errors or by delivering a replacement; The replacement delivery in the case of software defects is carried out exclusively by delivery of the latest version of the program that does not contain the relevant error. If the repair 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, guarantees compliance with the specifications valid at the time the contract is concluded, provided the software is used in accordance with the applicable installation requirements and is used under the applicable conditions of use. The warranty includes fault diagnosis, fault and fault elimination for the duration of the warranty obligation. Unless otherwise agreed, a warranty period of six months applies from acceptance or delivery. The error diagnosis takes place on the basis of an immediate error message from the buyer or from observations made by View Promotion GmbH. Any malfunctions must be reported to View Promotion GmbH immediately and in detail by the buyer. The burden of proof that the defect already existed at the time of delivery is borne by the buyer. A prerequisite for warranty claims is in any case an immediate notification of defects, as well as an immediate examination or testing of the software upon delivery. The elimination of errors, i.e. deviations from the valid specifications that disrupt the function, is carried out at the discretion of View Promotion GmbH by delivering new software or by changing the program accordingly. The prerequisite for any error correction is that it is a malfunctioning error that is reproducible, that View Promotion GmbH has installed new versions offered to the buyer free of charge within the warranty period, that View Promotion GmbH receives from the buyer all documents and information necessary for the error correction and that View Promotion GmbH is given access to hardware and software during normal working hours. For software to which the buyer or third parties have made changes without the prior written consent of View Promotion GmbH, there is no guarantee even if the error occurs in a part that has not been changed. If, in the course of the error diagnosis, it is determined that there is no warranty case or that the cause of the error is not in the software supplied, the buyer must 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 without interruption or error-free, or that all software errors can be eliminated. If the software does not correspond to the specifications in a functional manner with the warranty in place and if View Promotion GmbH is not able to establish conformity with the specifications within a reasonable period of time despite sustained efforts, each contracting party has the right to terminate the contract for the software concerned against reimbursement of the services received, to be dissolved with immediate effect. Defects in individual programs do not give the buyer the right to dissolve the contract with regard to the other programs. Further claims based on the deficiency of the software are excluded. If the buyer has not concluded a software maintenance contract with View Promotion GmbH, View Promotion GmbH charges maintenance (e.g. error diagnosis and elimination, maintenance, etc.) that are not covered by the correction of defects according to the currently valid list prices.
6.3 View Promotion GmbH is in no way liable if it is not responsible for the damage. This applies in particular to failures or disruptions caused by systems not operated by View Promotion GmbH, and failures or disruptions by network providers, or damage that occurs during installation. View Promotion GmbH and its legal representatives or vicarious agents are only liable in the event of willful intent and gross negligence and in accordance with the Product Liability Act. Regardless of this, View Promotion GmbH is liable up to a maximum of the purchase price of the device concerned. View Promotion GmbH assumes no liability for financial or consequential damage. Claims for damages expire no later than 6 months after knowledge of the damage and the damaging party, at least 3 years after the service or delivery has been performed. The buyer has to assert obvious defects in writing to View Promotion GmbH within a preclusive period of two weeks after becoming aware of the defect. After this period has expired, the buyer can no longer assert any warranty claims with regard to the items he has purchased due to these defects.
7. Rights of Use
7.1 The buyer receives a restricted right of use for the supplied software, which only applies to him or the respective customer. The software license is only valid for 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 other content than that supplied by View Promotion GmbH on the supplied hardware to broadcast. Upon purchase, the buyer is entitled to transfer the right of use together with the device in question to a third party; In the event of such a transfer, the buyer’s right of use expires. Duplication and distribution of unauthorized 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 content and software is liable for damages. The buyer will also contractually oblige his customers in this regard. View Promotion GmbH is not liable for any disruptions in playing the content, but undertakes to eliminate them as quickly as technically possible. If the buyer or his customers resell the systems of View Promotion GmbH to other buyers who are expected to use the devices for a different purpose, View Promotion GmbH is to be informed and entitled to transfer content and software from the internal data carrier to delete. Depending on the agreement, customers can play their own, individualized content on the systems for a fee: 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 are made for the creation. Use on hardware other than that defined in the contract and on several workstations requires a separate written and paid agreement.
7.3 All other rights to the software are reserved to View Promotion GmbH as the licensor. Without their prior written consent, without prejudice to the provisions of Section 40d of the Copyright Act, the buyer is therefore particularly not entitled to reproduce, change, make the software accessible to third parties or use it on hardware other than the contractual hardware. Additional services and deliveries, as listed below, for example, are provided on the basis of separate agreements and invoiced at the licensor’s current list prices: work on duplicating, translating or generating the software provided by the licensor unless they are part of a data carrier supplied by him delivered hardware; analyzing and eliminating malfunctions caused by improper handling or errors in the operation or use of the software or other circumstances for which View Promotion GmbH as the licensor is not responsible; the support with the introduction of the software as well as training, insofar as the contract does not contain any relevant provisions; Software updates, etc.
7.4 Obligations of the software buyer: He is responsible for the selection from the software offered by View Promotion GmbH; In the case of individual software, for the transmission of all information required for the software creation for the creation of the specification before the contract is concluded; the use of the software and the results achieved with it; the safeguarding of all rights of the licensor (such as industrial property rights, copyright including the right to a copyright notice) to the software and the safeguarding of the licensor’s claims for confidentiality of trade and business secrets also by his employees and vicarious agents or third parties; it also applies if the software has been changed or linked to other programs. This obligation remains in effect even after the contract has ended.
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 buyer, a specification sheet must be agreed in writing between the licensor and the buyer. Software specifications can include, for example, performance features, documents on special functions, hardware and software requirements, installation requirements, operating conditions, operation (user manual).
8.1 The systems manufactured by View Promotion GmbH contain the possibility, depending on their configuration, 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 distribute any offensive or illegal content. All advertising content is checked by View Promotion GmbH strictly according to 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, morality, safety and health. Conversely, View Promotion GmbH reserves the right not to play advertisements that run counter to its interests or those of individual advertising partners. If View Promotion GmbH systems are designed in such a way that they are refinanced through advertising income and thus become cheaper for the operator, the composition and sequence of this content is solely the responsibility of View Promotion GmbH. A guarantee that competing advertising content will be displayed cannot be given, but this will be avoided as long as the information is known and this is technically feasible. The technical equipment for the transmission of the content, such as emergency telephone lines or W-Lan connections, must 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 oblige his customers and obtain their written consent to play the content.
8.2 If View Promotion GmbH pays the costs for any emergency call connection fees and telephone lines or the like, the respective elevator must be integrated into the display advertising network operated by View Promotion GmbH. If the elevator concerned is not (yet) displaying advertising, then the elevator must be integrated into the display advertising network at the latest when 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 content, View Promotion GmbH is entitled to access the devices at any time and to carry out this on site or via remote maintenance, regardless of any other maintenance agreement that may exist.
8.4 If customers or users are authorized to upload content themselves to a View Promotion GmbH system, they automatically confirm that their uploaded graphic, image and / or video material does not constitute a legal violation of copyright, in particular the rights of third parties, as well as not in There is a conflict with the generally applicable laws, and in addition that the display via the VIEW display network does not infringe any personal rights and the uploaded material does not contain any inadmissible or offensive content. Customers or users accept that View Promotion GmbH is entitled at any time to interrupt the respective campaign, delete media content or edit it in advance. The users automatically consent to View Promotion GmbH subjecting the media content to an in-depth examination of technical quality, content and legal aspects and being able to reject the uploaded graphic, image and / or video material without giving reasons.
9. Service fees and maintenance contracts
View Promotion GmbH charges ongoing fees for rent and maintenance as well as transaction-dependent fees in addition to the purchase price, depending on the agreement with its customers. The amount of the transaction costs results from the separately concluded service contract or the fee provisions 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 required in the context of proper business transactions and, if applicable, mandatory by legal provisions. With the voluntary transfer of his data, the user / customer expressly consents to the processing of his transmitted data.
The user has the right to request information about his data stored at View Promotion GmbH at any time free of charge. If the data has changed for customers and partners, View asks for a corresponding written notification by email or a 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 include data that forms the basis of an already existing business relationship. To request the deletion of personal data, it is sufficient for the user to contact View Promotion GmbH in writing by email or a simple letter.
In contrast to personal data, each time you visit the View Promotion GmbH website, data such as IP address, date, time, websites viewed, length of stay, etc. are saved for statistical and security purposes. Unless the user acts unlawfully, this data is processed completely anonymously without exception. This type of data processing is only used to better tailor the content to the needs of the visitors. Processing in this regard is therefore reserved.
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 require a customer / user – especially not electronically – to provide personal information 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 email to View Promotion GmbH is sufficient. Notifications that serve to maintain and maintain an existing customer relationship – e.g. correspondence about appointments, important information about existing contractual relationships and other administrative measures, are expressly excluded from the customer’s consent.
As a rule, View Promotion GmbH does not use “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 safety, however, users can deactivate the storage of cookies or set their browser to notify them as soon as cookies are sent. View Promotion GmbH does not pass on personal data to third parties unless there is sufficient legal justification. In addition, appropriate technical and organizational precautions are taken to ensure the security of the data.
March 1, 2016