Imprint

Company headquarters
Innsbruck 6020 | Mitterweg 60 | Austria
T +43 512 296 969
office@comm.ag

CR No. FN 364860 i
VAT No. ATU 66584699
Regional Court of InnsbruckManaging
Director: Heinz Wolf

Branches
Wien 1010 | Annagasse 5/1/7 | Austria

Bad Endorf 83093 | Im Gewerbegebiet 17 | Germany
VAT No. DE 301209191

Fulfillment of information obligations – H-einz  

1. Identity  

Communication Agency GmbH, comm.ag, Mitterweg 60, 6020 Innsbruck, Austria 

2. Conclusion of contract (technical steps) 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction are carried out in accordance with section 4 of the General Terms and Conditions (part B). 

3. Contract language, contract text storage 

The contractual language is German. We save the contract text and send you the order data by e-mail. You can also view and download the GTC here on this page at any time. In the event of requests for quotations outside the online system, all contract data will be sent to you by e-mail as part of a binding offer, which you can print out or back up electronically. 

4. Essential characteristics of the good or service 

The essential characteristics of the goods and/or services can be found in the article description and the additional information on our website. 

5. Prices and payment methods  

The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. The payment methods available to you are indicated under a correspondingly marked button on our website or in the respective article description. Unless otherwise stated for the individual payment methods, the payment entitlements from the concluded contract are due for payment immediately.

6. Legal liability for defects 

The liability for defects for our goods is governed by the "Warranty" regulation in our General Terms and Conditions (Part B).  

7. DR platform 

Online dispute resolution according to Art. 14 (1) ODR RN:  The European Commission provides a platform for online dispute resolution (ODR). The platform is located at http://ec.europa.eu/consumers/odr/

Our e-mail address is: office@comm.ag

We are not obliged to participate in a conciliation procedure and unfortunately we cannot/will not offer participation in such a procedure. 

General Terms and Conditions of comm.ag – H-einz 

1. Application

For all orders via our offer and our online shop, the following GTC apply, as far as these are not changed by text form between you and us. Deviating standard terms and conditions of the ordering party are invalid in relation to the seller. 

2. Contractual partner

The contract is concluded with the company Communication Agency GmbH, comm.ag, Mitterweg 60, 6020 Innsbruck, Austria. Further information can be found in the imprint. Only entrepreneurs can become contractual partners for the H-einz offer. Consumers are excluded from the offer. 

3. Registration as user 

Your registration in our online ordering system is not necessary.

4. Conclusion of contract 

You can place a binding offer (order) for our software, goods and services (hereinafter referred to as goods) via our online system. Select directly the goods you want to buy. When you enter your personal data and payment terms, all order data will be displayed on the order overview page. We use the payment system of the company "Stripe" for credit card payment. By clicking on the button integrated in the shop system, you will be forwarded to the "Stripe" checkout page or the payment process will be carried out.  

You will be redirected to our website via the "next" button. 

Before sending the order, you have the possibility to check again, to change (also via the "back” function of the Internet browser) or to cancel the purchase. By sending the order via the "subscribe" button you place a binding order with us.

You will first receive an automatic e-mail regarding the receipt of your order, which leads directly to the conclusion of the contract. 

5. Prices and shipping costs 

The prices of the individual products always include the statutory VAT. The VAT shall be shown on the invoice to the extent permitted by VAT law. The price is due immediately for payment.  

6. H-einz dashboard 

The dashboard software is provided as SaaS (Software as a Service) at the router output of the data center. The dashboard software is provided for a certain period of time as specified in the contract or the order confirmation. A one-time flat rate is agreed upon for the setup of the software. The availability of the software requires that the customer have a current browser. 

7. H-einz subscription/cancelation 

The software made available as SaaS can be purchased in the subscription as an option with different running times. The term of the subscription is extended by the agreed term if this is not canceled in writing by the middle of the previous month before the end of the subscription. 

8. Value added tax

Each Party shall comply with all laws, regulations and administrative provisions relating to value added tax in connection with the implementation of the contract, inform the other Party of any non-observed requirements, provide legally or officially required proof at its own expense and support the other Party to the best of its abilities in all matters relating to value added tax. Claims arising from the breach of this obligation shall not expire within 6 months after the legal force of an administrative or judicial decision which is rendered as a result of the breach of duty has arisen. 

9. Payment

Payment shall be made by credit card. 

Credit card 
If payment is made via credit card, payment shall be processed via the payment service provider Stripe, 8th St STE 100, San Francisco, CA 94110-2043, USA, to which we shall pass on the information about your order including name, address, account number, bank code, credit card number, if applicable, invoice amount, currency and transaction number. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Ltd. For more information about Stripe's privacy policy, please visit https://stripe.com/de/terms Credit card details are not stored on our website.  

10. Warranty 

The statutory rights of liability for defects exist with the following restrictions. Liability regardless of negligence or fault of the supplier for damages for defects existing at the conclusion of the contract is excluded. 

11. Terms of delivery

The software shall be provided via a link. 

12. Revocation instruction

Consumers have a legal right of withdrawal. Entrepreneurs have no right of withdrawal.

13. Set-off and right of retention

The customer can only set off if its counterclaims are legally established, undisputed or acknowledged by us. In addition, it is authorized to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship. 

14. Limitation of liability

We are liable for intent and gross negligence. Furthermore, we are liable for the negligent violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose observance you as a customer regularly trust. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences. 

According to the current state of the art, data communication via the Internet or telecommunications cannot be guaranteed without errors and/or as being available at any time. Thus, we are not liable for the continuous or interrupted availability of our online trading system. 

Liability under the Product Liability Act remains unaffected by the exclusions and limitations of liability.

Liability regardless of negligence or fault for telecommunication and data transmission is excluded.

The above exclusions of liability do not apply in the event of injury to life, body and health. Liability under product liability law remains unaffected. 

15. Place of jurisdiction, place of performance 

With regard to the place of jurisdiction, the legal provisions apply to consumers.

Towards merchants, legal entities under public law, special funds under public law as well as in the scope of application of Art. 25 EuGVVO (Regulation [EU] No. 1215/2012), is agreed as place of jurisdiction and place of performance. 

16. Applicable law 

The law of the Republic of Austria applies. Unless otherwise stated in the acceptance declaration/order confirmation, our place of business is the place of performance.

For consumers, the applicable law remains the statutory regulations.

The scope of application of the United Nations Convention on the International Sale of Goods shall apply. Questions relating to matters not covered by this Convention or which cannot be decided in accordance with its principles shall be decided in accordance with the law applicable to the registered office of the Seller. 

17. Severability clause 

Should a provision in these Terms and Conditions or a provision in the context of other agreements be wholly or partly legally invalid or unenforceable, or lose its legal effect or enforceability at a later date, the validity of all other provisions or agreements shall not be affected. Instead of such a provision, an appropriate provision should apply which, as far as legally possible, comes closest to that of the invalid provision. 

Legal information

The content of this website is protected by copyright. All contents, texts, graphics and photos are property of COMM.AG Communication Agency GmbH, all rights reserved. Certain contents may also be subject to the copyright and usage conditions of our partners or suppliers. The provision of contents and images of this website on other websites is only permitted with the express approval of COMM.AG Communication Agency GmbH.

The information contained on this website is prepared to the best of our knowledge and checked with great care for its accuracy. Nevertheless, errors of content and substance cannot be completely ruled out. COMM.AG Communication Agency GmbH does not guarantee or assume any liability for the accuracy, topicality and completeness of the information. All information provided is without guarantee.

Despite careful control of the content, we do not assume any liability for the content of external links. COMM.AG Communication Agency GmbH does not assume any responsibility for contents on websites to which reference is made by means of a link. The operators of the linked pages are solely responsible for the content.