General Terms and Conditions
of the contractor Landwirt.com GmbH, Rechbauerstraße 4/4, 8010 Graz, Austria, hereinafter referred to as Landwirt.com for short.
Online marketplace. The platform https://www.landwirt.com/ (hereinafter „www.landwirt.com“) of Landwirt.com is an advertisement portal on which both entrepreneurs and consumers (hereinafter „trading partners“) can advertise various goods and services (hereinafter „marketplace content“) and use related services and functions.
Contractual relationship between trading partners and their clients. Landwirt.com is only a platform provider. All marketplace content is offered exclusively by the trading partners identified on the platform. Contracts regarding the advertised marketplace content are therefore concluded exclusively between the trading partners and their clients.
Basis of contract. Landwirt.com concludes contracts and provides services exclusively based on the written offers prepared by Landwirt.com, as well as the respective valid version of any descriptions of services included in the offer (e.g. individual documents or general folders), price lists, and these General Terms and Conditions.
The descriptions of services, price lists, and general terms and conditions apply, unless they are merely project-specific (e.g. individual documents), to all legal relationships between Landwirt.com and the client and are thus automatically the basis for all further contractual agreements between Landwirt.com and the respective client in the most current version from the first conclusion of the contract, even if these price lists, product descriptions, and general terms and conditions are no longer expressly referred to.
Future changes. Changes to the descriptions of services, price lists, and general terms and conditions of Landwirt.com will be notified to the client in writing and will be considered agreed upon if consumers do not object within four weeks or entrepreneurs do not object within fifteen days.
As of the validity of the new agreement, the amendments to the General Terms and Conditions shall also apply to all other contracts still in force.
Supplementary agreements. All forms of supplementary agreements, both before the conclusion of the contract and during the term of the contract, must be in writing to be valid. For entrepreneurs, this shall also apply to any deviation from the written form requirement.
Contractual elements on the part of the client. Even if Landwirt.com is aware of such specifications, they will only become part of the contract if Landwirt.com integrates them into the offer or otherwise expressly accepts them, for example by referring to them.
Even if Landwirt.com is aware of such elements, such as general terms and conditions or contractual clauses, which are legally binding on the part of the client, they will only become effective if Landwirt.com expressly accepts them with an additional note (e.g. „General Terms and Conditions accepted“) that includes these legal texts. Otherwise, Landwirt.com expressly objects to the inclusion of legally formative elements, such as general terms and conditions or contractual clauses, of the client.
Therefore, Landwirt.com’s mere acceptance of specifications regarding the client’s service content does not cause Landwirt.com to accept the client’s legal texts, even if these specifications contain legally formative elements (such as „Our General Terms and Conditions apply.“).
Procedure in case of contradictions. In the event of contradictions between the offer, any descriptions of services (project-specific documents, general documents), any price lists, and Landwirt.com’s General Terms and Conditions, these will apply in the order stated. The more individual components therefore automatically modify the more general components of the contract.
In case of contradictions between Landwirt.com’s contractual elements and the client’s contractual elements, all Landwirt.com’s contractual elements shall prevail.
Procedure in the event of invalidity. Should individual provisions of the contract be invalid or unenforceable, the invalid provision shall, in the case of contracts with entrepreneurs, be replaced by a valid provision that comes as close as possible to the economic sense and purpose of the invalid provision.
Offer by Landwirt.com. Offers made by Landwirt.com to the client, e.g.: in the form of an individualized offer to the client or a non-individualized offer such as an order form, catalog, or web store, are without exception subject to change and non-binding.
Offer by the client. If the client places an order based on an offer or unsolicited, i.e. without a prior offer from Landwirt.com, e.g. in the case of additional orders in ongoing business relationships, the client is bound to this order for two weeks as an entrepreneur or for one week as a consumer from the date of its receipt by Landwirt.com.
Acceptance by Landwirt.com. The contract is therefore always concluded only upon Landwirt.com’s acceptance of the order. Acceptance must always be made in writing, e.g. by order confirmation, unless Landwirt.com indicates that it accepts the order, e.g. by taking action based on the order that is apparent to the client. Mere confirmation of receipt of the order does not constitute acceptance of the order.
Access. If electronic means of communication or an electronic order management system to which both parties have access are used for the submission of offers and acceptance, declarations made on working days, i.e. Monday to Friday, excluding Austrian public holidays, between 8:00 a.m. and 4:00 p.m. shall be deemed to have been received on the same day, declarations made outside these times shall be deemed to have been received on the next working day at 8:00 a.m…
Information for the conclusion of contracts. The information obligations of Landwirt.com standardized in § 9 para. 1 line 1-4 ECG (E-Commerce Act) are waived with respect to entrepreneurs.
Scope of Services, Order Processing, and Cooperation Obligations of the Client
Place of performance for entrepreneurs. The place of performance is the registered office of Landwirt.com.
Scope of services. The scope of the services to be provided results from the written service description of Landwirt.com resulting from all parts of the contract. Information from other sources not included in the offer (e.g. presentation documents, websites, or catalogs) is not part of the service description.
The client is obliged to check the service description for compliance with its requirements and completeness. After the order has been placed, changes to the service description are only possible by mutual agreement and may lead in particular to changes in prices, deadlines, and dates.
Professional performance. Unless otherwise provided for in the written description of services, Landwirt.com owes a professional performance following the time of the submission of the offer. Within the scope of the written description of services, Landwirt.com has the freedom to design the execution of the services, insofar as there are several professional options for execution.
Substitutable services in the case of entrepreneurs. Insofar as this is consistent with the objectives of the order, Landwirt.com is entitled to deviate from the service description and to replace services with other equivalent services.
Third party products. Landwirt.com is entitled to perform the services itself or to use components, interfaces, data, rights, and other services or products of third parties in the performance of Landwirt.com’s services (Third Party Products).
Agreed third party services / third party products. If the services of Landwirt.com include specifically defined components, interfaces, data, rights, or other services or products of third parties as agreed, then these components, interfaces, data, rights, and other services or products of third parties constitute an agreed third party services / third party products.
In this case, Landwirt.com’s contractual obligation consists exclusively in the professional commissioning, coordination, and processing, but not in the professional execution of the agreed third party services / third party products.
Integration of services, products, data, and rights by the client. If the client processes or integrates components, interfaces, data, rights, or other services or products of the client or third parties within the scope of hosting by Landwirt.com, Landwirt.com is only the host provider concerning these services, products, data, and rights.
Divisible services. In the case of divisible services, Landwirt.com is entitled to make partial deliveries.
Dates and deadlines. Dates or deadlines stated by Landwirt.com are non-binding unless they are expressly marked as binding.
Contract term. Contracts for an indefinite period may be terminated subject to a minimum term of 12 months and subject to one month’s notice to the end of the minimum term. In the event of non-termination by the client, the term of the contract shall be automatically extended by the minimum contract term in the case of contracts with entrepreneurs and may again only be terminated by giving one month’s notice to the end of the contract.
Suspension and termination of the mediation activity. Landwirt.com is entitled, at Landwirt.com’s discretion, to suspend or completely terminate the mediation activity in the event of the client’s insolvency, in the event of actions by the client that are illegal or repeatedly violate this provision, or in the event of violations of third party rights by the client.
Unforeseeable or unavoidable events. Unforeseeable or unavoidable events – in particular default by the client in the performance of its obligations and delays at Landwirt.com or Landwirt.com’s contractors that are unforeseeable and unavoidable for Landwirt.com – extend deadlines or postpone deadlines by the duration of the unforeseeable and unavoidable event plus the duration of the organizational measures necessary in such a case. Landwirt.com must inform the client of this in writing.
Cooperation obligations of the client. The client must provide Landwirt.com with all information in writing without delay, without request, and in a form that can be further processed, and must provide all services that are necessary for Landwirt.com to provide the services.
This includes, in particular, the provision of correct and complete contact data within the scope of the profile creation, the provision of documents, materials, test results, photographs as well as videos within the scope of the advertisement creation, the coordination of order details and the acceptance (release) of partial services and performances.
If the need for the provision of information or services by the client becomes known only during the provision of services by Landwirt.com, the client shall provide such information or services without undue delay.
The client shall itself check the information and services provided by it for their suitability, correctness, and legality.
The client is liable for all damages caused by defective, late, or omitted cooperation of the client, and in particular also for the additional expenses incurred by Landwirt.com as a result. If Landwirt.com is unable to perform the services as agreed due to defective, late, or omitted cooperation of the client, Landwirt.com is also entitled, without prejudice to other rights, to interrupt the performance of the services, to postpone other services for other clients and to continue the performance of the services for the client only after completion of these services, provided that the client has fulfilled its obligations to cooperate by then, whereby all dates and deadlines are postponed.
If claims are asserted against Landwirt.com by third parties due to an infringement of rights in connection with information or services provided by the client, the client shall also indemnify and hold Landwirt.com harmless and support Landwirt.com in defending itself against any claims asserted by third parties.
Verification obligations of Landwirt.com. Landwirt.com shall perform the services in such a way that the services provided by Landwirt.com are not illegal per se (e.g. use of a copyrighted work without the consent of the author).
However, Landwirt.com has no obligation to legally examine the services created by Landwirt.com for any infringement of third party rights or any infringement of rights arising from the type of use planned by the client (e.g. the use of a graphic as a logo).
Extent of the client’s obligations to examine. The client shall carry out these legal reviews, in particular with regard to administrative, criminal, competition, trademark, design protection, copyright, personality, and data protection law, itself or have them carried out by a suitably trained legal expert.
In particular, the client must carry out any legal review of the advertisements created by him and published on the Landwirt.com platform.
Rights to the services. In principle, Landwirt.com or the licensors of Landwirt.com are entitled to all rights to the agreed services. The client receives the right to use the services after full payment of the agreed fee to the extent agreed with Landwirt.com or predefined by the licensors.
In the event that the scope has not been agreed, it shall include the non-exclusive use, not including the right to sublicense or transfer to third parties (or affiliated companies), for the client’s use in the client’s company, with the right to edit being limited to the legally indispensable minimum.
The Client is aware that Landwirt.com’s services are often based on the works or services of third parties with different licensing conditions. The client must comply with these licensing conditions of third party services or works that are part of the services or works of Landwirt.com.
Right to the final product. The client only has a right to use the service in the agreed form as the end product, but not to receive the basic principles, work aids, intermediate results, etc. necessary for the creation of the services. Unless this has been agreed, Landwirt.com also has no obligation to retain these bases, work aids, intermediate results, etc. after completion of the work.
Reference. In the case of contracts with entrepreneurs, Landwirt.com is entitled to refer to Landwirt.com and, if applicable, to another originator on all services created by Landwirt.com for the client and, subject to revocation in writing, which is possible at any time, to use data such as the name and logo of the client, project description, project images and the like as a reference or indication of the business relationship with the client within the scope of Landwirt.com’s advertising materials, without the client being entitled to any remuneration for this.
Trading partners. In the area of merchant access, entrepreneurs can publish advertisements on the platform www.landwirt.com. In the classifieds area, both entrepreneurs and consumers can publish advertisements. Natural persons must be at least 18 years old and have unrestricted legal capacity.
Identification. Landwirt.com is entitled to obtain a corresponding proof of identification from the trading partner within the scope of registration and ongoing controls. If such proof of identification is not provided, Landwirt.com is entitled to block the trading partner’s profile until such proof is provided.
Sales authorization. Landwirt.com is entitled, within the scope of registration and ongoing controls, to obtain a corresponding sales authorization (e.g. business license) for the marketplace content offered by the trading partner. In the absence of such an authorization, Landwirt.com is entitled to block the trading partner’s profile until a corresponding sales authorization is presented.
Mandatory information. Trading partners must store all legally required information (e.g. product descriptions) in their trading partner account. If claims are made against Landwirt.com due to missing or incorrect information provided by the trading partner, the trading partner agrees to indemnify and hold Landwirt.com harmless.
Marketplace content. Marketplace content and its description must comply with the laws applicable in Austria and the following provisions. Each trading partner is solely responsible for the content of the advertisements it creates. Each advertisement may only be advertised once. Landwirt.com is entitled to remove advertisements from the advertisement portal that have been advertised more than once.
Ranking of the marketplace content. A ranking of the marketplace content takes place according to the following parameters:
- Ranking in the area of used machinery: The ranking of the advertisements in the area of used machinery depends, on the one hand, on the booked subscription of the respective trading partner, whereby holders of the subscription „Premium Plus“ or „Premium Gold“ are ranked with priority, and, on the other hand, on the topicality of the individual advertisement as well as on the quality of the content of the advertisement, whereby an algorithm provided by Landwirt.com evaluates the content of the advertisement based on indicators such as the inclusion of photographs, the extent of the description and comparable clues. There is also the possibility of obtaining a higher ranking of the individual ad through a pay-per-use function.
- Ranking in the area of classifieds: The ranking in the classifieds section depends on the topicality of the individual ad as well as the quality of the ad’s content. An algorithm provided by Landwirt.com evaluates the content of the ad based on indicators such as the inclusion of photographs, the extent of the description, and comparable clues.
In addition, there is the possibility to obtain a higher ranking of the individual ad via a pay-per-use function.
Differentiated treatment of marketplace content. Landwirt.com does not differentiate between marketplace content offered by itself or by trading partners controlled by Landwirt.com and marketplace content offered by other trading partners.
Types. Marketplace content can be both goods and services.
Approval of marketplace content. Marketplace content requires approval by Landwirt.com before publication. This review usually takes place within three working days.
Price quotation. All price quotations shall correspond to the full, actual sales price. The prices are to be shown as gross prices including statutory value-added tax.
The sale of marketplace content with additional costs not included in the price quote, such as „to be paid later“, „in exchange for“ is not permitted.
Descriptions. The descriptions of the marketplace content must include all essential features of the marketplace content. If Landwirt.com is held liable due to missing, incomplete or incorrect information provided by the trading partner, the trading partner agrees to indemnify and hold Landwirt.com harmless.
Modification of descriptions by Landwirt.com. Landwirt.com is entitled to check descriptions of marketplace content for accuracy and quality and to make changes.
Availability. Information on availability must always be kept up to date and correct.
Links. The descriptions of the marketplace content may only contain links or other references to websites, businesses, and other sources of information and supply with the written consent of Landwirt.com. Landwirt.com is entitled to remove links or other references to websites, businesses, and other sources of information and supply that have been implemented in descriptions of marketplace content without Landwirt.com’s explicit consent at any time.
Links on other websites, on which the platform www.landwirt.com is linked, are permitted, provided that the contents of the platform www.landwirt.com are not changed in any way and the recognizability of the origin of these contents is maintained to the full extent.
The websites on which links to the www.landwirt.com platform are set must not contain any illegal or offensive content.
Place of publication. The publication of the marketplace content takes place in the online display portal of Landwirt.com.
Publications in other media. Landwirt.com is entitled, but not obliged, to publish the marketplace content of the trading partners also in other media, such as in particular Landwirt Journal, Landwirt Print, Österreichische Bauernzeitung, on the social media platforms Facebook, Instagram, Twitter, LinkedIn, TikTok, and on Pinterest, as well as in cooperation with various advertising partners, at Landwirt.com’s discretion. The trade partner is therefore obliged to only post content for which the necessary rights are available. The trading partner will not incur any additional fees as a result.
Inclusion of photos. In each advertisement of a marketplace content, the trading partner may integrate photographs through the upload function. These photographs may only depict the item/marketplace content advertised in the advertisement and only own photographs of the advertised goods may be used. Any alienation of the photo images (logos, placement of website or advertising, etc.) is prohibited.
Photographs that are included in advertisements contrary to the above regulations will be deleted by Landwirt.com without prior notice.
Description text. The description text of the advertisements created by the trading partner may not contain any contact details of the trading partner (e-mail address, telephone number, web address, or similar). Landwirt.com is entitled to remove such information in the description text of the details.
Transfer of rights. When creating marketplace content, the trading partner assures that it owns the unrestricted right of use for the product descriptions including pictures and/or videos sent to Landwirt.com, that the trading partner has the consent to the processing, promotional use (in particular publication) of the transmitted content by Landwirt.com of all persons visible on the pictures and/or videos and the right to transfer these rights to Landwirt.com.
When creating marketplace content, the trading partner transfers these rights for promotional use to Landwirt.com on a non-exclusive but otherwise unrestricted basis, in particular with the right to edit and use in all media. This right includes, in particular, the right to publish, reproduce, adapt and modify, translate, distribute and use the marketplace content in any technical form and to grant third parties rights of use to the marketplace content.
Duration of publication of marketplace content. The duration of the publication of marketplace content in the advertisement portal is 120 days for the classifieds area and six months for the used machinery area. The publication of the marketplace content will be automatically terminated after the expiration of the respective period and the respective advertisement will be removed from the Landwirt.com advertisement portal in principle. However, the marketplace content can be further managed or edited by the trading partner in the user area and published again (for free or for a fee) at the trading partner’s request.
Landwirt.com is entitled to use market content for advertising purposes at Landwirt.com’s discretion even after the agreed publication period has expired
Deletion of advertisements/comments. Landwirt.com is entitled to delete both free and paid advertisements as well as comments on the platform www.landwirt.com, which violate this contract or any legal provision, contain offensive content (in particular pornographic, sexist, insulting, glorifying violence and fraudulent content) or violate the rights of third parties, at any time without the client being entitled to any repayment.
Contracts Between Trading Partners and their Clients
Formation of contracts. Landwirt.com merely provides the technical solution that enables users to create or publish advertisements, search advertisements and, if required, accept offers in advertisements at their request and independently of Landwirt.com, and to conclude contracts with each other in this way.
The direct conclusion of a contract is not possible in the context of advertising goods and services on the advertisement portal, except for the auction of products. If a contract is concluded outside the Landwirt.com display portal based on an offer advertised on the Landwirt.com display portal, Landwirt.com is neither a party to this contract nor a representative of a user.
Payments. If trading partners conclude a contract with their clients based on an advertisement on the platform www.landwirt.com, all payments in this regard shall be made directly between the trading partner and their clients.
Claims of the clients of the trading partners. All claims of the clients against the trading partner are to be asserted by the clients directly with the respective trading partner. Landwirt.com is not liable for claims of clients against the trading partner.
Auction. Landwirt.com offers the possibility to hold internet auctions on the platform www.landwirt.com, whereby third party products are offered for sale in the auction. These terms and conditions regulate the legal framework for all auctions held on the platform www.landwirt.com.
Vendor. Landwirt.com merely provides the auction platform for the product auction and awards the bid but is itself neither the auctioneer of the products nor the provider or seller. The respective provider is the seller of the auctioned products and the contractual partner of the bidder.
Participation in the auction. Participation in the auction is only permitted to legal entities and natural persons of unlimited legal capacity (hereinafter referred to as „Bidders“). Persons under 18 years of age are excluded from participation.
Suspension/termination of the auction. Landwirt.com is entitled to suspend or terminate the auction at any time without notice and without giving any reason.
Products. Within the auction on the platform www.landwirt.com, only new and demonstration products can be offered for sale. The seller is solely responsible for the description of the item. The offered product can be inspected at any time at the provider, whose contact details are deposited with the respective offer, after the telephone agreement and within its business hours, and information about the product can be obtained from the provider by telephone or by e-mail.
Delivery and shipping costs. Delivery and shipping costs are not included in the respective bid.
Procedure of the auction. Each bidder submits his maximum bid at the beginning. The submission of each bid is binding. By submitting the bid, the bidder undertakes, subject to the award of the contract, to purchase the respective product at the end of the auction on the agreed terms.
Landwirt.com provides the bidders with auction software, which automatically bids for the bidders to the extent of the maximum bid specified by the bidder and until the maximum bid for the respective product is reached. The minimum increments of the auction software are:
- for articles whose retail price is between € 1.00 to € 499.99: € 1.00
- for articles whose retail price is between € 500.00 to € 999.99: € 5.00
- for articles with a retail price between € 1,000.00 and € 4,999.99: € 10.00
- for articles whose retail price is between € 5,000.00 to € 10,000.00: € 50.00
- for articles whose retail price is over € 10,000.00: € 100.0
The bidder who has submitted the highest bid at the end of the intended term of the online auction and as soon as 60 seconds have elapsed since the last bid was submitted shall be awarded the contract. If the intended minimum price is reached, a legally effective purchase contract for the offered product is concluded between the bidder and the highest bidder when the bid is accepted. The provider undertakes to either state this minimum price on the provider website or to state it to each bidder upon request. If there are several identical highest price bids, the order of precedence shall be determined by the receipt of the bids on the auction platform. The earlier bidder shall be awarded the contract if the minimum price has been reached and the bidder has not been outbid.
The binding data basis for the award of the bid is the bid registered in the online system of the auction platform. In the event of a dispute between bidders regarding the award of the bid, Landwirt.com reserves the right to determine which bidder will be awarded the bid based on the bidding processes automatically logged by the system. The decision in this regard is final and legal recourse is excluded.
Delivery/Collection. The auctioned product is to be picked up by the highest bidder at a company location or warehouse of the provider. The collection date is to be agreed upon exclusively with the bidder/seller.
However, Landwirt.com offers the possibility to organize shipping for a fee.
Bidding by SMS. Landwirt.com offers bidders the possibility to be informed about the auction status and to bid via SMS. For this purpose, it is necessary that the respective bidder proactively accepts the option „SMS bidding“ when placing the first bid. The costs per SMS depend on the respective network operator and are to be borne by the bidder.
Instruction. Landwirt.com has been authorized by the bidder to instruct the highest bidder to which account the payment of the purchase price is to be made. The highest bidder is instructed to bring the purchase price exclusively to the account specified in the notification of Landwirt.com for remittance.
Terms of payment for auctions. After winning the bid, the highest bidder will receive an e-mail from Landwirt.com with the payment information and the amount to be paid. The highest bidder is obliged to pay in full within 7 days (received) after notification from Landwirt.com to the bank account specified in the e-mail.
Due to the instruction to the highest bidder, only a transfer to the account specified in the notification from Landwirt.com is debt discharging. The highest bidder is obliged to send the deposit confirmation to Landwirt.com by e-mail (). After receipt of the purchase price on the account indicated by Landwirt.com, Landwirt.com will request the supplier to hand over the goods to the highest bidder.
Disqualification of participants. If the highest bidder cannot be contacted by Landwirt.com or if, due to any circumstance whatsoever within the sphere of the highest bidder, no payment is received on the account announced by Landwirt.com within 10 days, Landwirt.com is entitled, but not obliged, to disqualify the highest bidder from the auction without further notice.
Landwirt.com is entitled but not obliged to award the bid to the bidder with the next highest bid. However, the second-highest bidder is not obliged to accept the offer of the bidder. However, any acceptance of the bid shall be deemed to be a knockdown under these Terms and Conditions of Auction.
The disqualification shall not affect the performance of the contract or the bidder’s claims for damages against the highest bidder. If the highest bidder is an entrepreneur, in the event of disqualification, he is also obliged to pay a contractual penalty not subject to judicial mitigation in the amount of 20% of the highest bid to the account specified by Landwirt.com.
Conditions for Advertisements, Special Forms of Advertising and Third Party Inserts in Journals, Magazines, and Other Media
Transfer of rights. The client assures that he is in possession of the unrestricted right to use the contents of the advertisements and supplements sent to Landwirt.com, in particular product descriptions including pictures, and that the client has the consent to the processing and advertising use (in particular publication) of the transmitted contents through Landwirt.com of all persons visible on the pictures and the right to transfer these rights to Landwirt.com.
The client transfers these rights to the transmitted advertisements and inserts for promotional use to Landwirt.com on a non-exclusive but otherwise unrestricted basis, in particular with the right to edit and use them in all media. This right includes, in particular, the right to publish, reproduce, adapt and modify, translate, distribute and use the advertisements and supplements in any technical form, as well as to grant third parties rights to use the advertisements and supplements.
Retrieval. In case of doubt, advertisements are to be retrievable for publication within one year after conclusion of the contract. If the right to retrieve individual advertisements has been granted within the framework of a contract, the order shall be processed within one year of the publication of the first advertisement, provided that the first advertisement is retrieved and published within the period specified in sentence 1. Agreed discounts will only be granted by Landwirt.com for this insertion year.
Printing. Insofar as Landwirt.com’s services include the production of printed matter, the client shall supply print data that meet Landwirt.com’s requirements. The client shall accept deviations in color and material that are technically necessary and customary in the industry, unless exact specifications have been agreed. In the event of an agreement of exact specifications, the additional costs necessary to achieve these specifications shall be reimbursed by the client.
Excess and short deliveries are permitted up to 5 % for the simplest work and up to 10 % for more difficult work and will be charged proportionately on the basis of the production run. In the case of material provided by the client, the tolerance rates of the supplier industry shall be additionally taken into account. The latest edition of the Duden („new spelling“) shall be authoritative for spelling in the German language.
Proofs shall only be submitted to the client by agreement. However, Landwirt.com is entitled to submit proofs even without agreement.
Agency commission. Advertising agencies shall receive an agency commission on advertisements of 15% on the net order amounts (gross insertion prices without VAT less discounts granted) upon presentation of written proof of agency (extract from the commercial register or business registration).
Third party inserts. Orders for third party inserts which are to be published exclusively in certain issues, certain editions or in certain places in the publication must be received by Landwirt.com no later than four weeks before the advertising deadline.
Illegal/offensive content. Landwirt.com is entitled to refuse the publication of advertisements as well as supplements if the contents of these advertisements and supplements violate this contract or any legal provision, contain offensive contents (in particular pornographic, sexist, insulting, glorifying violence and fraudulent contents) or infringe the rights of third parties. This shall not entitle the client to a refund of the agreed remuneration.
Identification as advertising. Landwirt.com is entitled to mark those advertisements which are not recognizable as advertisements due to their editorial design as advertising to the extent provided for by law.
Proofs. Proofs will only be supplied by Landwirt.com at the express request of the client. The client is responsible for the accuracy of the returned proofs. Landwirt.com will take into account any corrections of errors that the client informs Landwirt.com of in writing within the period specified when the proofs are sent.
Proof of advertisement. At the express request of the client, Landwirt.com will supply an advertisement voucher, depending on the type and scope of the advertisement order, advertisement cuttings, voucher pages or complete voucher numbers. If a voucher can no longer be obtained, or if it is unreasonable to expect Landwirt.com to supply one, Landwirt.com will provide a binding certificate of publication and distribution of the advertisement instead of the advertisement voucher.
Retention of print documents. Landwirt.com is entitled to delete the print material provided by the client three months after the publication of the respective issue.
Service Level and Support/Complaint Management for Trading Partners
Standard service level. The following clauses define Landwirt.com’s standard service level for trading partners. Landwirt.com does not owe any additional service and maintenance services or similar unless agreed otherwise.
Help pages/FAQ. The first place to go for questions from the trading partner is the help page at company.landwirt.com/en/help/.
Communication via telephone/complaint management. In addition, Landwirt.com offers the trading partner who has taken out a paid subscription on the platform www.landwirt.com support via telephone during service hours on the hotline + 43 (0)316 931268.
Service hours. The service hours of Landwirt.com are Monday to Thursday from 08.00 to 12.00 and from 13.00 to 16.00 (CET) and on Fridays from 08.00 to 12.00 (CET, excluding public holidays in Austria).
Languages. Communication with Landwirt.com shall be in English or German.
Further development. Landwirt.com continuously develops the platform www.landwirt.com as well as the software and infrastructure behind it in terms of technology and content.
Insofar as suggestions from trading partners are taken up and implemented, the trading partner transfers any associated rights of the trading partner comprehensively, but not exclusively, to Landwirt.com, so that Landwirt.com can make the result available to all trading partners.
Landwirt.com endeavors to carry out deployments to introduce new functions of the platform outside the core usage time of the Landwirt.com platform.
Guaranteed uptime. Landwirt.com grants an availability of the platform www.landwirt.com of 99%, based on the calendar year.
Allowable unavailability. Times, when the services are unavailable in any month due to scheduled maintenance and times when the services are unavailable due to circumstances beyond Landwirt.com’s reasonable control, are considered permitted unavailability.
Scheduled maintenance work counts as the longest-lasting maintenance work in a month. All other maintenance work counts as unavailability.
Outside Landwirt.com’s reasonable control include, but are not limited to: higher force, governmental actions, floods, fires, earthquakes, civil disturbances, acts of terrorism, strikes or other labor disputes, attacks, failures or delays in telecommunications, internet service provider or hosting facilities related to hardware, software or power systems not owned by Landwirt.com.
Actual uptime. The basis for calculating the actual uptime is therefore the total time minus the allowed unavailability.
Shortfalls. If the percentage actual uptime falls short of the percentage guaranteed uptime, the client shall be entitled to claim a credit of twice the percentage amount of the actual shortfall.
Quality assurance. Landwirt.com strives to ensure that access to the platform www.landwirt.com is guaranteed on the most common operating systems and browsers, which have a market share in Austria of at least 10%.
The browsers are each the most recent and stable, i.e. designated as the most recent by the browser’s auto-updater itself.
Data access. Landwirt.com allows the trading partner access to the personal or other data processed by Landwirt.com in the trading partner’s profile. Landwirt.com allows the trading partner technical access to its profile for four weeks after termination of the contract.
Order processing. If Landwirt.com qualifies as a commissioned processor under data protection law in relation to the client, the provisions on commissioned processing shall automatically come into force.
Responsible party. The client is the data controller with respect to the processing of personal data disclosed by it to Landwirt.com.
Processor. Landwirt.com as a service provider, which operates the platform www.landwirt.com and processes personal data on behalf of the client, is an order processor.
Subject matter of processing/purpose of processing. The object of processing is the storage and publication of personal data provided by the client for advertising and the handling of communication between trading partners and potential clients (fulfillment of the contract).
Method of processing. The processing of personal data is carried out electronically on the platform www.landwirt.com provided by Landwirt.com.
Duration of the processing. The duration of the processing is limited to the term of this contract.
Categories of data subjects. Data subjects within the meaning of the GDPR are all persons whose personal data are disclosed by the client to Landwirt.com and to whose processing the client has consented.
Nature of personal data. The processing includes the data provided by the client such as, among others, contact, and address data as well as e-mail addresses and telephone numbers.
Rights and obligations of the client. It is the sole responsibility of the client to specify the content of the contractual processing of personal data, the resulting risks, the commissioned processing operations, and the required level of protection. This includes in particular:
- the assessment of the admissibility of the processing operations covered by the contract
- the issuing and documentation of instructions to the processor
- carrying out audits – including inspections – to monitor compliance with the contractual obligations imposed on the processor as well as obligations under data protection laws
- the control, verification, acceptance, and ongoing evaluation of the technical organizational measures taken by the processor
- the fulfillment of the rights of the data subjects according to the data protection laws
The client undertakes to process personal data exclusively following the applicable law.
Legal compliance. In particular, Article 28 (2), (3), and (4) of the GDPR and the references contained therein must be observed.
Obligation to give instructions. Landwirt.com shall process the personal data only on the documented instructions of the controller, including the transfer of personal data to a third country or an international organization unless required to do so by the law of the Union or the Member States to which Landwirt.com is subject; in such case, Landwirt.com shall notify the controller of such legal requirements prior to the processing, unless the relevant law prohibits such notification on grounds of important public interest.
Confidentiality commitment. Landwirt.com ensures that the persons authorized to process the personal data have committed themselves to confidentiality or are subject to an appropriate legal duty of confidentiality. In addition, Landwirt.com ensures that this confidentiality obligation continues to apply beyond the termination of employment contracts and service agreements.
Technical and organizational measures. Landwirt.com shall take all measures required under Article 32 of the GDPR. To this end, Landwirt.com shall, in particular, appoint a data protection officer if required by law, establish internal rules of conduct and conduct an ongoing risk analysis, maintain a data security concept, implement the resulting data security measures and evaluate the implementation. The client shall have the right to inspect the rough version of the documentation.
Data subject rights. Landwirt.com, given the nature of the processing, shall, where possible, support the client with appropriate technical and organizational measures to comply with its obligation to respond to requests to exercise the rights of the data subject referred to in chapter III of the GDPR.
Insofar as Landwirt.com incurs costs for this, the client must bear these costs according to expenditure.
Security of processing. Landwirt.com, taking into account the nature of the processing and the information at its disposal, shall assist the client in complying with the obligations set out in Articles 32 to 36 of the GDPR.
Completion of processing. Landwirt.com shall, upon completion of the provision of the processing services, either erase or return all personal data at the choice of the client, unless there is an obligation to store the personal data under Union or Member State law.
Insofar as Landwirt.com incurs costs for this, the client must bear these costs according to expenditure.
Duty to provide evidence. Landwirt.com shall provide the client with all necessary information to prove compliance with the obligations outlined in this article and shall enable and contribute to verifications – including inspections – carried out by the client or another auditor appointed by the client.
If Landwirt.com incurs costs for this, the client must bear these costs according to the time and effort involved. The client or an auditor commissioned by the client shall undertake to maintain confidentiality prior to any audits that may lead to the inspection of third party data. The client has no right to inspect source codes and other trade secrets of Landwirt.com.
Duty to inform. Landwirt.com is subject to a comprehensive duty of notification. This includes in particular:
- the notification of data protection breaches
Landwirt.com shall notify the client of any violations as well as justified suspicions of personal data protection without delay.
- notification in the event of disruptions in the processing of personal data and breaches of data protection regulations
The client must be notified immediately of any significant disruptions in the processing of personal data and any violations by Landwirt.com or subcontracted processors of the provisions of data protection law or the rights and obligations outlined in this agreement.
- the notification if instructions violate data protection laws
Landwirt.com shall notify the client without delay if the client believes that instructions given by the client violate applicable data protection laws.
- the notification of the start of communication of data subjects
Landwirt.com shall promptly notify the client of any inquiries, complaints, notices, requests, or communications of any kind received from a data subject that relates to the processing of the commissioned data.
- the duty to notify in the case of investigations by the authorities
Landwirt.com shall inform the client without delay of any inspections or measures taken by supervisory authorities or other third parties, insofar as these relate to the commissioned processing.
Use of subcontracted processors. Landwirt.com is generally entitled to employ subcontractors for the processing of personal data. However, the use of subcontracted processors must be communicated to the client in each case promptly so that the client can object to it. Only in the event of a situation that requires immediate action, such as the spontaneous loss of a subcontractor, Landwirt.com is entitled to immediately use other subcontracted processors and to notify the client of this without delay afterward.
In case of an objection, Landwirt.com and the client will try to reach an amicable solution. In practice, this will only be possible if the client’s reasons are not individual but affect all or a large number of Landwirt.com’s clients who publish advertisements on the platform www.landwirt.com, as the underlying model and its cost structure do not allow for individual solutions.
If no amicable solution is possible, then the responsible party has the right to terminate the underlying main contract.
Approved subcontractors. Currently, the following subcontractors are in use according to the agreement, they are approved by the client by entering into this agreement:
- IPAX OG, Barawitzkagasse 10/2/11, 1190 Vienna (host provider)
- Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (communications service provider)
- Pipedrive OÜ, Mustamäe tee 3a, 10615 Tallinn, Estonia (CRM service provider)
- Landwirt Agrarmedien GmbH, Hofgasse 5, 8010 Graz (subscription management)
- Zoho Corporation GmbH, Trinkausstr. 7, 40213 Düsseldorf, Germany
Obligations of further processors. If Landwirt.com uses the services of a further processor to carry out certain processing activities on behalf of the client, the same data protection obligations as set out in the contract between the client and Landwirt.com shall be imposed on that further processor by way of a contract, in particular providing sufficient guarantees that the appropriate technical and organizational measures will be implemented in such a way that the processing will be carried out following the requirements of the GDPR.
Liability for further order processors. If a further order processor does not comply with its data protection obligations, Landwirt.com shall be liable to the client for compliance with the obligations by the further order processors.
Privacy Information About this Contract
Data from this contract. In the context of providing the platform www.landwirt.com, Landwirt.com collects personal data of the contracting party according to Article 6 para. 1 lit b GDPR to fulfill the contract. In addition, the personal data of the contractual partner is processed to fulfill legal obligations according to Article 6 para. 1 lit c GDPR (e.g. invoicing). According to Article 6 para. 1 lit f GDPR, Landwirt.com processes the personal data of the contractual partner for the documentation of the business relationship.
Obligatory provision of data/consequences of non-provision. There is no legal or contractual obligation to provide the contracting partner’s data. However, if the contracting party does not provide Landwirt.com with the personal data required by Landwirt.com for the performance of the contract before the conclusion of the contract, this will result in Landwirt.com not being able to submit an offer to the contracting party or in no contract being concluded between Landwirt.com and the contracting party.
Storage period. Personal data of the contractual partner shall be stored for at least seven years to fulfill legal obligations according to § 132 para. 1 BAO (Federal Tax Code). In addition, personal data of the contractual partner shall be stored for documentation and fulfillment of legal obligations for up to a maximum of ten years after completion of the orders.
If no contract has been concluded between Landwirt.com and the contracting party, the contracting party’s data will be stored for an estimated period of twelve months to document the business relationship.
Disclosure. All data are subject to the agreed or legal obligation of confidentiality and the protection of personal data. A transfer of the data of the contracting party, apart from a transfer to the recipients or categories of recipients listed below, only takes place on a legal basis or in agreement with the contracting party.
- Banks and payment service providers (payment processing)
- Shipping service provider (shipping of goods and invoices)
- Tax consultant (accounting according to UGB (Company Code)/BAO (Federal Tax Code), preparation of annual financial statements)
- Collection agencies (debt collection)
- Lawyers (in case of assertion of contractual or legal claims)
- Provider (provision of the platform www.landwirt.com)
- Communication service provider (for processing the contractual relationship)
- Subcontractors within the scope of project implementation (e.g. printing companies, for contract fulfillment)
Any disclosure to other recipients not mentioned in this list shall only be made on a legal basis or in agreement with the contractual partner.
Worldwide processing. The processing of the contracting party’s data by Landwirt.com takes place – as far as possible – exclusively in the European Union.
Processing or transmission of the contractual partner’s data to third countries shall only take place
- if this is either necessary for the fulfillment of the contract between Landwirt.com and the contracting party (Article 49 para. 1 lit b GDPR), or
- insofar as this is necessary for the implementation of pre-contractual measures at the request of the contractual partner (Article 49 para. 1 lit b GDPR), or
- after notification of the possible risks of data processing by Landwirt.com in those third countries in which data processing is planned and explicit consent of the contracting party according to Article 49 para. 1 lit a GDPR.
Right of objection. The contractual partner has the right to object to the processing of his data according to Article 6 para. 1 lit f GDPR. In case of objection, his data will no longer be processed for direct marketing.
Data subject rights. The contractual partner has the right to information, correction, and deletion of his data, the right to restriction of data processing, the right to data portability, and the right to complain to the data protection authority.
Secrecy & Non-Solicitation
Duties of loyalty. The contractual partners shall be obliged to promote the reputation of the respective other contractual partner and, in particular, not to criticize the respective other contractual partners vis-à-vis third parties. This obligation shall apply perpetually beyond any end of the contract.
Non-solicitation. In the case of contracts with entrepreneurs, the client undertakes not to entice away any employees or suppliers of Landwirt.com. This obligation applies for three years beyond the end of the contract. In the event of a breach of these obligations, the client shall pay a penalty in the amount of the gross annual salary of the enticed employee or the gross annual turnover of the enticed supplier.
Prices. All prices are quoted ex Landwirt.com’s place of business or office in euros plus VAT for contracts with entrepreneurs and including VAT at the statutory rate for contracts with consumers.
Cost estimates. If a cost estimate is provided, it shall be non-binding. A cost estimate shall be deemed to exist if the estimate of the probable expenditure is designated as a cost estimate.
If, after a non-binding cost estimate has been issued, it is foreseeable that the actual costs will exceed the costs estimated in writing by more than 15%, Landwirt.com must notify the client in writing of the higher costs. The cost overrun shall be deemed to have been approved by the client if the client does not object in writing within one week of such notification and, at the same time as the objection, informs Landwirt.com in writing of a less expensive alternative. In the event of a cost overrun of up to 15%, no separate notification shall be required. This cost overrun shall be deemed approved by the client from the outset.
Invoicing by lump sum. In the event of invoicing in the form of a lump sum, this shall cover all services that are necessary for the execution of the agreed services. Excluded are the costs of unforeseeable events, additional costs due to non-contractual cooperation of the client as well as additional costs due to hidden defects in provided services.
Billing according to expenditure. In the case of billing on a time and material basis, billing shall be based on actual expenditure. Invoicing on a time and material basis shall be deemed to have taken place if the anticipated expenditure is stated as approximate, probable, or estimated.
Credit notes in case of falling short of the guaranteed availability. If the client wishes to receive a credit note in the event of non-compliance with the guaranteed availability, he must request this via e-mail within 60 days of Landwirt.com becoming aware of the non-compliance with the guaranteed operating time and declare the offsetting against the next invoice, otherwise, the claim will expire. Any other use of the credit is excluded.
Additional services. All services provided by Landwirt.com that are not expressly covered by the agreed fee, in particular additional services agreed upon at a later date, will be remunerated separately.
Billing mode for online and print advertising. The fee due to Landwirt.com for the placement of advertising will be charged to the client only after the online and print advertising has been placed.
Settlement mode for Indesign. The client shall pay one-third of the agreed fee when the order is placed, another third of the agreed fee after the concept/design has been created, and the remaining third of the agreed fee after the project has been completed.
Partial services. Furthermore, Landwirt.com is entitled to charge for partial services. Partial services are in any case the individual items of the service description.
Advance on costs. In addition, Landwirt.com is entitled to demand advance payments of costs to cover its expenses in the full amount of the partial services to be provided next in the case of new clients, in the case of the billing of agreed third party services, and the case of apparent economic problems, in the case of a delay in payment in the past and in the case of apparent unwillingness to pay on the part of the client.
Price adjustment. In the case of contracts for an indefinite period as well as in the case of contracts with an automatic extension of the contract period, Landwirt.com is entitled to make an appropriate price adjustment annually, taking into account the consumer price index.
Landwirt.com is also otherwise entitled to make a reasonable price adjustment after the conclusion of the contract if the costs of the services increase by more than 3% without Landwirt.com being able to influence this. Landwirt.com must provide evidence of the cost increase, and the lack of possibility to influence it must be made credible. Consumers are also entitled to a reduction of the fee if the opposite conditions are met.
Unjustified withdrawal in the case of entrepreneurs. If, in the case of contracts with entrepreneurs, the client withdraws from the contract in whole or in part without gross negligence or willful misconduct on the part of Landwirt.com, Landwirt.com will still be entitled to the agreed fee. In this case, Landwirt.com only has to take into account savings from additional purchases that have not yet been made. The same applies if Landwirt.com withdraws from the contract for an important reason within the sphere of the client.
Due date. Landwirt.com’s invoices are due without any deductions as of the invoice date. As a matter of principle, services will not be provided until payment has been made in full.
Payability. Landwirt.com’s invoices are payable within 14 days of receipt of the invoice.
Bank transfer. In principle, payment must be made by bank transfer to the bank account. Cash payment is excluded. This does not apply to the payment option „Pay with data“ within the scope of using the online presence of Landwirt.com.
Direct debit. In addition, payment by SEPA corporate direct debit is possible for contracts with entrepreneurs. In case of signing a SEPA direct debit mandate, Landwirt.com is entitled to collect the invoice amount from the client’s account 7 days after sending the invoice.
Other methods of payment. The client is also entitled to use all other means of payment offered by Landwirt.com. The debit will be made at the moment of payment by the client.
Agreed third party services. In the case of contracts with entrepreneurs, Landwirt.com is entitled, at its discretion, to commission the external service both in its name or in the name of the client and for its account or the account of the client.
If Landwirt.com concludes the contract in its name and/or for its account, this is done exclusively in the interest of the client for simplified contract and payment processing.
Retention of title. Until full payment has been made by the client, a reservation of title in favor of Landwirt.com to the goods delivered by Landwirt.com until full payment of the purchase price and all related interest and costs is deemed agreed. In the event of default, Landwirt.com is entitled to assert rights arising from the retention of title. In this case, the client agrees to the collection of the goods by Landwirt.com. The assertion of the retention of title by Landwirt.com does not cause a withdrawal from the contract unless Landwirt.com expressly declares the withdrawal from the contract.
In case of resale of the goods by the client, the client assigns its claim against the buyer to Landwirt.com for security. Landwirt.com is entitled to notify the purchaser of this assignment.
Prohibition of set-off and retention. Clients who are entrepreneurs are not entitled to set off their claims against Landwirt.com’s claims, even in the case of related claims, unless the client’s claim has been acknowledged by Landwirt.com in writing or has been established by a court of law. A right of retention in favor of clients who are entrepreneurs is excluded.
Default of payment. In the event of late payment, the statutory interest rates applicable between entrepreneurs, but at least 9% per annum, shall be paid in the case of contracts with entrepreneurs, and interest in the amount of 9% per annum shall be paid in the case of contracts with consumers. The client shall bear all costs and expenses associated with the collection of the claim, such as, in particular, collection fees or other costs necessary for an appropriate legal prosecution.
Continued default in payment. After an unsuccessful reminder by the client, setting a grace period of at least 7 days, Landwirt.com is entitled to immediately invoice and make due all services and partial services already rendered, including those rendered under other contracts concluded with the client, and to temporarily suspend the rendering of services not yet paid for until all outstanding fee claims have been paid in full.
After another unsuccessful reminder directly to the client’s management and setting another grace period of at least 7 days, Landwirt.com is entitled to withdraw from all contracts and claim compensation for lost profit. Landwirt.com is thus also entitled not to perform or to discontinue services that have already been paid for.
Irrespective of these options, Landwirt.com can of course also file a lawsuit with the court immediately after the due date.
Payment by installments. Insofar as Landwirt.com and the client conclude an agreement on payment by installments, loss of time shall be deemed to have been agreed upon if even one installment is not paid on time.
Classic contract for work. In the case of the classic contract for work, Landwirt.com is liable for the achievement of the goal.
Interventions by the client. If the client interferes with Landwirt.com’s services in an unauthorized manner or makes undocumented changes or changes that are no longer easily traceable for Landwirt.com, the client is liable for the resulting additional expenses incurred by Landwirt.com, e.g. for completion, verification, documentation, defect detection, defect allocation, defect rectification.
Transfer of risk for entrepreneurs. When shipping goods, the risk always passes to the client as soon as Landwirt.com has handed over the goods to the carrier. The shipment of goods is generally not insured unless the client has commissioned Landwirt.com to insure the goods at its own expense.
Obligation to give notice of defects for contractors. After requesting an interim acceptance by Landwirt.com, after handover and after the start of live operation, the client must accept („release“) the services handed over or to be accepted in writing within 8 days at the latest, or give written notice of any defects or damage.
In the case of an interim acceptance, further work by Landwirt.com can only take place after the interim acceptance / „release“ has taken place. In the event of untimely acceptance or complaint, the services shall automatically be deemed to have been accepted by the client.
Concealed defects or damage which only occur after the expiry of 8 days, but within open guarantee, warranty or compensation periods, must also be reported by the client within 8 days of their discovery.
The obligation to give notice of defects shall apply to all defects or damage which the client would have to recognize with the due diligence of a prudent contractor in the event of an appropriate inspection. In the case of interim acceptance, the inspection shall correspond to a final, detailed, and particularly careful inspection due to the special importance of interim acceptance for the avoidance of defects, which then affect all further performance steps. At the handover, the control has to correspond to a first, but nevertheless precise control. At the start of live operation, the inspection must again correspond to a final, detailed, and particularly careful inspection due to the special importance of the start of live operation for the prevention of damage during operation.
The complaint of the client shall describe the defect or damage in detail and comprehensibly. In the case of defects or damages that do not occur continuously, the exact times and general conditions of the occurrence of the defects or damages shall be specified. The client must enable Landwirt.com to take all measures necessary to investigate and remedy the defects or damages. If the client does not report the defects in time, the assertion of warranty, guarantee, and damage claims, as well as claims based on other liability regulations, in particular, recourse claims, of the client, are excluded.
Guarantee. Insofar as parts of the contractor’s performance have a guarantee granted by a third party, this guarantee must be asserted directly with the third party (e.g. manufacturer’s guarantee).
In the case of a guarantee promise by Landwirt.com, the period for asserting the guarantee claim begins with handover. The guarantee claim expires six months after the client becomes aware of the occurrence of the guarantee case, but no later than the expiration of the guarantee period. If the contents of the guarantee are not stated in the guarantee promise, Landwirt.com is liable for the usually assumed properties.
Warranty. For consumers, the statutory provisions of warranty law apply. In addition, any additional warranties or after-sales services granted within the scope of the product description shall apply to consumers.
The right to warranty and the right to warranty recourse are limited to six months from delivery for entrepreneurs. For used goods, the right to warranty is completely excluded for entrepreneurs.
Deviations from technical ÖNORM (Austrian) standards or the state of the art do not entitle the client to a claim under any circumstances if sufficient functionality of the work is given.
The client, as an entrepreneur, is entitled to improvement or replacement or, in the case of non-substantial defects, also to a price reduction or, in the case of substantial defects, also to rescission, at Landwirt.com’s discretion. The remedy of the defect shall not extend the warranty period for companies, nor shall it start anew for the part of the service affected by the remedy of the defect.
Duty to update. The obligation to update according to § 7 VGG (Consumer Guarantee Act) is excluded with respect to entrepreneurs.
Error, reduction by more than half in the case of entrepreneurs. The right of rescission due to error and due to reduction by more than half is excluded.
Damages and other claims. Claims for damages and claims based on other liability regulations, in particular, recourse claims, of the client are excluded, unless they are based on gross negligence or intent in the case of contracts with entrepreneurs or on gross negligence or intent on the part of Landwirt.com in the case of contracts with consumers.
Such claims of entrepreneurs expire in six months from the date of knowledge of the damage and the damaging party; in any case, however, after three years from the date of the infringing act.
Excluded from this disclaimer are claims based on personal injury and on other non-dispositive liability provisions.
Protective effect in favor of third parties. It is expressly agreed that this agreement shall not have any protective effect in favor of third parties.
Liability for agreed third party services. In the case of contracts with entrepreneurs, those third parties who provide the agreed third party services are not vicarious agents of Landwirt.com, are not active in the pursuit of Landwirt.com’s interests and are therefore not included in Landwirt.com’s sphere of risk.
For the agreed external services themselves, but not for the professional commissioning, coordination, and processing of the same, any fault-based liability of Landwirt.com is thus additionally reduced to the fault of selection in the case of contracts with entrepreneurs, and any strict liability of Landwirt.com is excluded.
If, in the case of contracts with entrepreneurs, the external services are used on the instructions of the client, i.e. selected by the client, then any liability on the part of Landwirt.com is excluded.
Liability in case of non-compliance with the guaranteed operating time. Liability in the event of non-compliance with the guaranteed operating time shall be limited to the issue of the credit note in the agreed form and amount in the case of contracts with entrepreneurs, insofar as this is not based on intent or gross negligence.
In the case of contracts with consumers, liability in the event of non-compliance with the guaranteed operating time, insofar as this is not due to gross negligence or intent, is limited to the issue of the credit note in the agreed form and amount.
Liability for integration of services, products, data, and rights by the client. Landwirt.com shall not be liable for any components, interfaces, data, rights, or other services or products of the client or third parties that are processed or integrated by the client. However, if Landwirt.com is informed about the illegality of the components, interfaces, data, rights, or other services or products of the client or third parties, Landwirt.com is entitled and legally obliged to deactivate or delete these components, interfaces, data, rights, or other services or products of the client or third parties or to terminate the contract with the client for cause. The client shall indemnify and hold Landwirt.com harmless in this respect in the case of contracts with entrepreneurs.
Liability when using third party services and components. Insofar as Landwirt.com builds on services and components of third parties in contracts with entrepreneurs as agreed, any strict liability of Landwirt.com for the services and components of these third parties is excluded and any fault-based liability is additionally reduced to the fault of selection.
Liability for free services. Insofar as Landwirt.com provides services or parts of services free of charge, any liability for these parts of services is excluded in the case of contracts with entrepreneurs.
Liability for used goods. In the case of used goods, the right to warranty is completely excluded vis-à-vis entrepreneurs, vis-à-vis consumers the warranty period is limited to 1 year from handover.
Burden of proof for entrepreneurs. A reversal of the burden of proof to the detriment of Landwirt.com is excluded. In particular, the existence of the defect at the time of handover, the time of discovery of the defect, the timeliness of the notice of defect, and the existence and degree of the fault must be proven by the client.
Period of grace for entrepreneurs. If the contract is not fulfilled in accordance with the agreement, the client is only entitled to assert claims after the client has granted Landwirt.com a reasonable, but at least fourteen-day grace period in writing. This also applies to the termination of the contract for a good cause.
Withdrawal from the contract for entrepreneurs. A withdrawal from the contract by the client must be declared in writing by a registered letter.
Willingness to Settle Disputes out of Court
Mediation. To reach an out-of-court settlement of any disputes with the contracting party, Landwirt.com agrees to participate in a mediation with the mediators Mr. Mag. Karl Berr, Judge, Korösistraße 180, 8010 Graz as well as Dr. Hannes Kurt Müller, Attorney at Law, Radetzkystraße 18/2, 8010 Graz. Landwirt.com bears an appropriate share of the total costs of the mediation.
Applicable law. All legal relations and facts between the client and Landwirt.com shall be governed exclusively by Austrian law, to the exclusion of international conflict of law rules.
Mandatory consumer law. If in the case of contracts with consumers, the professional or commercial activity of Landwirt.com is directed towards the consumer’s home country, the protection offered to the consumer by the mandatory legal provisions of the country of residence remains unaffected by the agreed applicable law.
UN sales law. The provisions of the UN Sales Convention shall not apply to contracts with entrepreneurs.
Contractual ÖNORM. If contractual ÖNORM (Austrian) standards have not been expressly agreed upon, they shall not apply either.
Place of jurisdiction. The place of jurisdiction for all disputes between Landwirt.com and the company is agreed to be the competent Austrian court for 8010 Graz. However, Landwirt.com is also entitled to file suit at the general place of jurisdiction of Landwirt.com and the company.
Cancellation Policy for Consumers
Right of withdrawal. Consumers have the right in distance selling to revoke the contract within fourteen days without giving any reason.
Withdrawal period. The withdrawal period is fourteen days
- in the case of a contract for the supply of goods, from the day on which the consumer or a third party designated by him who is not the carrier has taken possession of the goods;
- in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, from the day on which the consumer or a third party designated by him who is not the carrier has taken possession of the last goods;
- in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which the consumer or a third party designated by him who is not the carrier has taken possession of the last partial consignment or piece;
- in the case of a contract for the regular delivery of goods over a fixed period, from the day on which the consumer or a third party designated by him who is not the carrier has taken possession of the first goods;
- in the case of a service contract, except for non-residential accommodation services, transport of goods, rental of motor vehicles, and supply of food and beverages and services provided in connection with recreational activities, provided that in each case a specific time or period is contractually provided for the performance of the contract by the entrepreneur, from the conclusion of the contract.
To comply with the withdrawal period, it is sufficient for consumers to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Declaration of withdrawal. To exercise the right of withdrawal, consumers must inform the entrepreneur (Landwirt.com GmbH, Rechbauerstraße 4/4, 8010 Graz, , + 43 (0)316 931268) of their decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail). Consumers may use the model withdrawal form below for this purpose, which is, however, not mandatory.
Sample revocation form. (To revoke the contract, please fill out and return this form.)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) –
Ordered on (*)
Received on (*)
Name of the consumer(s) –
Address of the consumer(s) –
Signature of the consumer(s) (only in case of a notification on paper) –
(*) Delete as applicable.
Consequences of revocation in the case of goods. If consumers revoke a contract, the entrepreneur shall repay all payments received by the entrepreneur from the consumer, including delivery costs (except for additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the entrepreneur), without undue delay and no later than within fourteen days from the day on which the entrepreneur received the notification of the revocation of this contract. For this repayment, the entrepreneur shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees due to this repayment.
The consumer shall return or hand over the goods to the entrepreneur without undue delay and in any case no later than within fourteen days from the day on which the consumer notifies the entrepreneur of the revocation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of fourteen days.
The entrepreneur may refuse repayment until the entrepreneur has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is earlier.
The consumer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that are not necessary for testing the quality, characteristics, and functioning of the goods.
The consumer bears the direct cost of returning the goods.
Consequences of withdrawal from services. If the consumer withdraws from a service contract in the event of commenced performance of the contract by the entrepreneur, the entrepreneur shall be entitled to charge the consumer an amount proportionate to the total price agreed in the contract and corresponding to the service already provided by the entrepreneur until the withdrawal.