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.
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.
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.
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
Fax: +43 1 370 58 06-370
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:
Your credit card will be charged upon completion of the order.
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.
12.1 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
For details please refer to the German version of the OVE policy.