General Terms and Conditions Austrian Electrotechnical Association

hereinafter referred to as OVE

Version: August 2020

1. Scope of application

Unless expressly confirmed otherwise in writing by OVE, the following General Terms and Conditions shall apply exclusively to sales, deliveries and services, including the provision of digital content and the use of the OVE Watch List. The terms and conditions shall also apply if conflicting or supplementary terms and conditions of the customer have not been expressly rejected by OVE.

2. Contractual partner

The sales contract is concluded with: OVE Austrian Association for Electrical Engineering, Eschenbachgasse 9, 1010 Vienna, Austria

Customer service: You can reach our customer service for questions and complaints Mo.-Thursdays from 09:00 to 16:30 and Friday from 09:00 to 12:30 by phone at +43 (0) 1 5876373 or by e-mail at verkauf(at)ove.at.

3. Definitions of terms

„Customer" is the contractual partner of OVE.

• „Consumers" are consumers in the sense of the Consumer Protection Act (Konsumentenschutzgesetz - KSchG) and thus natural or legal persons who are not entrepreneurs.
• „Entrepreneur" in the sense of the Austrian Commercial Code (UGB) is any long-term organisation of independent economic activity, even if it is not profit-oriented. Legal entities under public law are always regarded as entrepreneurs.  
• „Physical products" (hereinafter referred to as "Products") are goods which are delivered to the Customer by way of shipment or physical delivery.
• „Digital Content" (hereinafter referred to as "Digital Products") refers to content delivered to the Customer by means of electronic data transmission (e.g. in the form of a PDF or ZIP file).

4. Conclusion of contract

OVE undertakes to accept the customer's orders in accordance with the published terms and conditions. In the event of spelling, printing and calculation errors OVE is entitled to withdraw from the contract. Instead of a written order confirmation, dispatching the goods or performing the service ordered by the customer shall also result in the conclusion of the contract.

OVE is entitled to use the services of third parties in fulfilling the contract and shall also have the right to assign its contractual obligations to third parties with debt-discharging effect.

5. Copyright

5.1. General

Any and all works, in particular standards, publications, software and databases are protected by copyright. Reproductions (including also, for example, forwarding by e-mail) and adaptations (e.g. translations) of any kind shall generally be prohibited and shall thus be permissible only based upon explicit consent on the part of OVE (unless expressly stated otherwise, this also applies to internal reproduction).

Copyright infringements shall be pursued in court and publicized, and partner organisations shall be notified. Also the website of OVE, its form and content are protected by copyright.

5.2 Digital products

Digital products can mean pre-stored data on physical data carriers (e.g. CD, DVD, USB stick) as well as data received by network access that is either stored on the user's own hard disk (in the case of downloads) or temporarily stored (Streaming). The digital products are watermarked with the customer name.

The customer is granted a non-exclusive, non-transferable, spatially and temporally unrestricted right of use for a digital product acquired via OVE.

Single license

With a single license, the customer is entitled to transfer the Digital Product to one terminal device, to save it, to make it visible on the terminal device as often as desired and to make one (1) printout.

Multiple license

With a multiple license (network or multi-user license), the customer is entitled to transfer the Digital Product to one terminal device per user in accordance with the number of users specified in the order, to store it and to enable each authorized user to make the Digital Product visible on the terminal device as often as desired and to make one (1) printout per user.

In addition, the customer may not remove any copyright notices, trademarks and digital watermarks from the Digital Product and is not entitled to copy, modify, edit or make available to third parties or resell a Digital Product or parts thereof via the Internet/Intranet or in any other manner. The customer is obliged to ensure that the provisions of this section 5.2 are complied with by the users.

5.2.1 Download version (PDF)

The customer is entitled to use the digital product internally on a single workstation. The customer is entitled to print one (1) printout of each Digital Product.

5.2.2 Read access

The customer receives temporary access to the digital product. Saving and printing of the document is disabled.

Please direct any inquiries regarding adaptation and reproduction in writing to:

Austrian Electrotechnical Association, Eschenbachgasse 9, 1010 Vienna, Austria

E-mail: verkauf(at)ove.at

Fax: +43 1 370 58 06-370

6. Liability

Any claims of a contracting partner of OVE for damages or other compensation, in particular due to delay in delivery defective or incomplete performance, shall be precluded unless caused by intention or gross negligence on the part of OVE. Moreover, the amount of claims for damages shall be limited to the invoice amount of the good or service supplied or owed.

7. Retention of title

Goods delivered by OVE shall remain the property of OVE until full payment has been made (including any additional charges).

8. Right of withdrawal and revocation

Consumers are entitled to the statutory right of revocation as described in the Terms of revocation. No voluntary right of revocation is granted to companies.

9. Prices and shipping costs

Any and all prices stated by OVE are quoted in EUR and shall be exclusive of VAT, shipping charges (handling, packaging and postage), handling fees (expenses charged by third parties, courier service fees, etc.). Detailed information on shipping charges are available in our shop. OVE explicitly reserves the right to change prices in the case of human or computer error.

No discounts or other reductions - with the exception of product-based member discounts – shall be granted. If no sales tax identification number (VAT ID number) is stated, VAT will be shown on invoices also within the EU.

10. Terms of payment

The following payment methods are available in our shop:

Credit card
Your credit card will be charged upon completion of the order.

Invoice
Unless otherwise agreed in writing, invoice amounts are due immediately without deduction.

In the case of default in payment interest on arrears at a rate of 8 % points above the statutory base rate may be charged.

11. Risk and transport

For shipments, the risk shall pass to the customer upon transfer of goods to the carrier. Any claims concerning damages occurring during transport shall be directed to the carrier.

If the place of performance or delivery is abroad, it shall be the customer’s obligation to effect customs and tax payments at their own expense.

12. Delivery

Digital Products

12.1 Download version (PDF)

When ordering by e-mail, the product is delivered by sending an e-mail to the e-mail address provided by the customer. This e-mail contains a download-link for the product.

When ordering via the online shop https://shop.ove.at/, the product is made available for download via the OVE customer account.

12.2 Read access

Read access is provided via the OVE customer account. The user will create the conditions for the use of the data at his own expense and risk.

The product will be available for online viewing for a period of 7 days from the date of the order.

13. Data processing and privacy

Within the scope of its business activities, OVE uses data processing equipment and stores customer data to the extent this is necessary to perform its contractual obligations and permissible under the Data Protection Directive. By placing an order, customers give their express consent for the data transmitted to OVE to be stored and processed for the purpose of advertising, consulting and market research. This data shall not be passed on to third parties.

Cookies are necessary for the full use of the online services of OVE (see also General Data Protection Regulation). The customer/user agrees with the usage of cookies and is responsible to change the settings for cookies (or deactivate cookies) in his browser.

For Internet orders, OVE shall ensure that an encryption process suitable for securing data traffic is used. In particular, OVE shall ensure that customer data shall not be made accessible by third parties, above all that that it shall be impossible for third parties to learn a cardholder’s name and credit card data at the same time.

Customer can revoke their consent by email to verkauf(at)ove.at at any time.

14. Choice of law, jurisdiction

Only Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods as well as national and international conflict rules shall apply.

Any and all disputes between OVE and customers shall be decided exclusively by the court with subject matter jurisdiction at the place of residence of OVE, or, if so chosen by OVE, by the corresponding court with jurisdiction over a territory in which the customer has its headquarters, operations, or assets. Place of performance shall be Vienna.

15. General stipulations

15.1 OVE shall be entitled to refuse the conclusion of the contract or to withdraw from the contract in its entirety if the purchaser, in case of doubts about his creditworthiness, refuses to make advance payment at OVE's request or to provide suitable security prior to delivery.

15.2 In case of individual provisions of these Terms and Conditions prove or become invalid, this shall not affect the other provisions of these Terms and Conditions. In such case, the invalid provisions shall be replaced by such provisions which are valid and most closely fulfill the economic purpose of the invalid provision.

15.3 The German language version of these Terms and Conditions shall be legally binding in all respects and shall prevail in the event of contradictions.

USE OF THE OVE-WATCHLIST

The use of the OVE Watchlist is free of charge. The OVE does not assume any liability for any incorrect information that is forwarded from the watchlist system to the customer. The customer uses this service at his own risk.

Additional conditions OVE Academy Events

ONLINE SEMINARS/SUBSIDIES /REDUCTIONS/CANCELLATION

Online seminars and online inhouse seminars
By accessing this website and using the OVE Academy online seminars/seminars, you acknowledge that you understand and agree to the following terms of use and legal information. If you do not agree with the terms, refrain from accessing this information.

Copyright

All copyrights and other rights to the entire content of this website and to the seminar documents of the OVE Academy Online-/Seminars are reserved exclusively and comprehensively to the OVE Austrian Electrotechnical Association. The use of the OVE online seminars and this website does not grant the user any rights to the content, registered trademarks or otherwise to any part of this website/documents. Downloading or printing of individual pages and/or downloading of OVE Academy online seminars or parts of OVE Academy( online) seminars is only permitted with full reference to the source and written consent of OVE Austrian Electrotechnical Association and the
respective instructor/originator. Any other use, in particular complete or partial reproduction, publication for commercial and non commercial purposes as well as any disclosure to third parties outside the purpose of use is not permitted. The seminar documents used are also protected by copyright and may not be reproduced or used commercially (not even in part) without the consent of OVE Austrian Electrotechnical Association and the respective speaker.

Projecting by means of beamers and/or video recordings are not permitted for online seminars/inhouse seminars. The number of participants in online/inhouse seminars is max. 10 participants to ensure our seminar quality.

The infringement of these copyrights leads to civil law claims for injunctive relief, removal, accounting and damages on the part of OVE Austrian Electrotechnical Association and to the obligation to surrender the profits to OVE Austrian Electrotechnical Association. Copyright infringements may also result in criminal prosecution.

No offer

The information and views published on this website and in OVE online seminars do not constitute a request, offer or recommendation to use a service or to carry out any transactions.

No advice

The information and views published on this website and in OVE online seminars do not constitute advice; in particular, the information and views published on this website and in OVE online seminars are personal and non-binding recommendations of the respective speakers.

No warranty / disclaimer / copyright

OVE Austrian Electrotechnical Association does not assume any liability or warranty for the correctness of the statements made by experts and speakers and the seminar documents and does not make any assurances regarding the correctness, topicality and completeness documents and does not make any assurances regarding the correctness, topicality and completeness of the information and views.

OVE Austrian Electrotechnical Association shall not be liable, even in case of negligence, for any damages or consequential damages arising out of or in connection with the access or use of this website and OVE online seminars.
 

Subsidies

In general, a distinction is made between federal state-specific subsidy models, EU subsidies and the current tax options that you can take advantage of as a company or private individual.

Information on your individual course subsidies can be found at www.kursfoerderung.at or you can contact your responsible state government or the employment service in your region directly. Further information on tax deductibility of educational measures can be obtained from the Federal Ministry of Finance (Form E108c).

Discounts

OVE members receive a reduction on the participation fee for the seminars. The costs can be found in the respective seminar folders. Please note that only the address paying the membership fee can receive the seminar/event invoice. Membership information can be found here.

Students receive the preferential price at conferences only upon presentation of a current certificate of enrollment. Further condition: discount is only granted if the student is pursuing a first degree and has a maximum age of 35 years (postgraduate studies/professional studies/doctoral studies are excluded from the discount). If you book more than three participants per seminar (except for conferences, congresses and seminars with cooperation partners) we grant a discount of 10%.

Cancellation conditions

Standard seminars: Classroom seminars and online seminars
Cancellations up to 10 days before the event date are free of charge. Please understand that in case of later cancellation 90% of the participation fee will be due. Please note that we can only accept cancellations in writing! Of course you can nominate a substitute person free of charge at any time.

The cancellation fee is payable regardless of the reasons for cancellation and any fault.

We ask for the earliest possible information.

In-house seminars
For in-house seminars we offer a free cancellation up to 8 weeks before the event date. Please understand that in case of later cancellation, 90% of the in-house training fee will be due. Please note that we can only accept cancellations in writing! However, you are of course welcome to request an alternative date free of charge at any time.

The cancellation fee is payable regardless of the reasons for cancellation and any fault on your part.

Please inform us as soon as possible.

Cancellation

Events can only be held if a minimum number of participants is reached. If this is not the case, we will inform you in time about the cancellation. If an event has to be cancelled (e.g.illness of the trainer), the fee will be refunded or, upon request, the event will be rebooked to one of our other events or a credit will be issued. A reimbursement of expenses already incurred (e.g. travel costs, accommodation costs, travel expenses, loss of earnings, etc.) is excluded.

If it is necessary due to the current Covid19 situation, the seminar will be held as an online event without changing the date.

Copyright

All concepts and contents are subject to copyright. They are the intellectual property of the developer and are subject to copyright protection. Copying of course and seminar contents (also in parts) and further use for own seminars and lectures is prohibited, even with indication of the source, unless this is expresslyagreed with the organizer. Illegal action will be punished.

Photos and/or videos may be taken at OVE Academy events. It cannot be ruled out that participants of the event can also be seen on these. By registering for an OVE Academy event, the participant agrees to the publication of these photos and videos on the communication channels of the OVE (website, social media,...).

(These general terms and conditions only apply to purchases of IEC documents)

THE IEC PUBLICATIONS AND RELATED INFORMATION ARE COPYRIGHTED. BY LOADING THESE DATA TO YOUR COMPUTER, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS SUCH MATERIALS.

 
1. License

1.1. Subject to the provisions contained herein and to the payment of all applicable fees, the International Electrotechnical Commission (comprising the IEC Central Office and/or IEC National Committees (hereinafter referred to as “IEC”)) grants you a non-exclusive, non-transferable license to the materials contained herewith (the “Product”). Your licensed rights to the Product are limited to the following:

1.1.1. This License Agreement does not convey to you an interest in or to the Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. You are permitted to make one paper copy for personal use. No other use, copy or excerpts from the content are permitted.

1.1.2. (a) Applicable to a single user license agreement:

You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.2. (b) Applicable to a multi-user license (together with a separate agreement on the number of users):

You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Concurrent use on several computers and use in a local area network or other network is only permitted under the terms of a separate agreement on the number of users. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.3. You acknowledge and agree that the Product is the property of IEC as the copyright owner identified on the front page of the Product, and is protected under Swiss copyright law and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the Product, including all intellectual property rights, are and shall remain with IEC.

1.1.4. You shall provide IEC or any designee of the IEC with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to co-operate with IEC and any of its designees to assure compliance.

2. Limited Warranty

2.1. IEC warrants for your benefit alone that, unless disclosed in the Product to the contrary, IEC can license the Product and all copyright and trademarks related thereto or therein, free and clear of any and all liens, claims and encumbrances.

2.2. The express warranties set forth in this Section 2 constitute the only warranties with respect to the Product and IEC makes no other representation or warranty or condition of any kind, whether express or implied (either in fact or by operation of law) with respect to any product, including, without limitation, with respect to the sufficiency, accuracy or utilisation of, or any information or opinion contained or reflected in, any of the Product. IEC expressly disclaims all warranties or conditions of merchantability or fitness for a particular purpose. No officer, director, employee, member, agent, representative or publisher of IEC is authorised to make any modification, extension, or addition to this limited warranty.

3. Indemnification

3.1. Neither IEC nor any agent, representative, publisher or distributor of the Product, or any of their respective directors, officers, employees, agents, representatives shall have any liability for, and you shall defend, indemnify and hold the IEC harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys’ fees) based upon or arising out of any injury or damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the Product by you and/or any of your directors, officers, employees, representatives, agents or contractors.

4. Limitation of Liability

4.1. You acknowledge that IEC’s obligations and liabilities with respect to the Product are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the Product (whether or not such use was consistent with the license granted hereunder) or any use created therefrom. Whether or not IEC has been advised of such possible use, neither IEC nor any of its representatives or agents, directors, officers, employees, agents, representatives shall be liable, whether under contract, tort (including negligence), or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors of any third party.

4.2. If at any time an allegation of infringement of any rights of any third party is made, or in IEC’s opinion is likely to be made, with respect to any of the Product, IEC may, at its option and at its own expense (i) obtain for you the right to continue using the Product, (ii) modify or replace the Product or any portion thereof so as to avoid any such claim of infringements, (iii) refund to you the License Fee. IEC shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Product supplied or offered to be supplied pursuant to this Section 4.2 or to otherwise cease using the Product. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4.2 hereof, IEC’s liability to you for damages pursuant to this Section 4.2, if any, shall not exceed the amounts of the License Fee paid by you for the Product subject to any such claim.

4.3. Section 4.2 states the entire liability of IEC with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Product.

5. Termination

This Agreement may be terminated immediately by IEC upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product and shall within ten (10) days either return file(s), if any, to IEC or certify in writing to IEC that the Product has been deleted from your computer and is eliminated from your premises and that the paper copy has been destroyed and no photo or other copies have been retained.

6. Governing Law

This Agreement shall be governed by the Laws of Switzerland and the courts of Geneva, Switzerland, shall be the forum for the settlement of disputes. Notwithstanding the foregoing, IEC expressly reserves the right to take legal action against you or otherwise to enforce its rights according to Swiss or local laws in your country of domicile or in any jurisdiction where a breach of this Agreement or an infringement of its rights may occur or may have had effect.

7. Miscellaneous

7.1. This Agreement constitutes the complete and exclusive agreement between IEC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorised representative of IEC and you.

7.2. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.

8. Export

You may not load or export or re-export any of the Product or any underlying information or technology except in full compliance with all Swiss and other applicable laws and regulations.

Right of revocation

You have the right to withdraw from this agreement within fourteen days without stating a reason.

The period of revocation is fourteen days from the date of conclusion of the agreement.

In order to exercise your right of revocation, you must notify us (OVE Österreichischer Verband für Elektrotechnik, Eschenbachgasse 9, 1010 Wien, verkauf@ove.at, Telefon: +43 (0)1 587 63 73, Fax: +43 (0)1 370 58 06 370) accordingly in an unequivocal statement (e.g. letter sent by post or e-mail) of your decision to withdraw from the agreement. You may use the attached sample revocation form for this purpose.

Sending notification of your intention to exercise your right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.

Consequences of revocation

If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

We may refuse the refund until the goods have been returned to us or until such time as you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which you notified us of your withdrawal from the agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline.

The immediate costs of returning the goods shall be borne by you. You shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.

Exclusion or premature termination of the right of withdrawal

The right of withdrawal does not apply to agreements for the delivery of digital content.

The right of withdrawal expires prematurely for agreements where the delivery of digital content is not stored on a physical data carrier (e.g. PDF, E-books), if you have expressly agreed that the execution of the agreement shall commence before the expiry of the revocation period, and you were aware that you lose your right of revocation by this consent with the beginning of the execution of the agreement.