GENERAL TERMS AND CONDITIONS FOR THE USE OF KIGAPORTAL.COM 2021-08-09 1. Preamble 1.1. HOHE Medien OG, Klosterwiesgasse 101b, 8010 Graz, Austria, operates a portal at www.kigaportal.com, offering ideas for early childhood education, including pre-K, kindergarten, and elementary school. The range of products found on www.kigaportal.com includes digital goods, such as instructions for games and crafts, sheet music and texts for children's songs, stories, poems, learning exercises and games, recipes, worksheets, tips for parents and other information, instructions and tips useful for working with children. At www.kigaportal.com, material goods are also offered for sale. 1.2. The website www.kigaportal.com, including national and international subdomains, is operated by HOHE Medien OG. Thus for simplicity, the term "Kigaportal" is used both for the operator of the website and for the website itself. 2. Area of validity 2.1. The use of the services of Kigaportal is exclusively subject to these General Terms and Conditions (hereinafter referred to as "GTC"). Conflicting terms apply only if Kigaportal expressly agrees in writing. 2.2. The present GTC apply to businesses as well as consumers. Should they apply to a legal relationship with consumers within the framework of the Consumer Protection Act “CPA”, then they shall only apply insofar as they do not contradict the mandatory provisions of the CPA. 2.3. By using the functionality and the services of Kigaportal the user accepts the binding force of these GTC, regardless of whether the user is registered or not. Kigaportal therefore recommends that its users carefully read these GTC before using the services. 2.4. Users are hereinafter differentiated between registered users, who use functions and services free of charge (hereinafter referred to as "registered users") as well as registered, paying users (hereinafter referred to as "subscribers"). Kigaportal reserves the right to offer trial subscriptions and to determine and modify the functions and services applicable to them in terms of both duration and quantity (hereinafter "trial subscriptions"). Finally, all users who place orders in the Kigaportal online shop are hereinafter referred to as "customers". 2.5. Kigaportal reserves the right to change the GTC at any time. Users will be informed about any changes to the GTC online on the Kigaportal website or via email. The changes shall be applicable upon the publication of the modified GTC (subject to the special provisions for subscribers). 2.6. In the event of changes in the ownership structure (e.g. partial or entire change in the structure of ownership), Kigaportal is entitled to transfer all the acquired rights and data of users to the new owner. 2.7. The GTC are divided into four parts: 2.7.1. the “General Terms of Use”, which apply to all users, including registered users, as well as (paying and non-paying) subscribers, and customers of the online shop, 2.7.2. the “Special Terms of Use for Subscribers”, which apply exclusively to subscribers, 2.7.3. the “Special Terms for Ordering in the Online Shop”, which apply to all customers who order products from our online shop, and 2.7.4. the “Final Provisions“, which apply to all users. 3. General Terms of Use 3.1. Scope of services 3.1.1. Kigaportal provides to its users the respective services offered on its website. The connection of the user to the Internet is not included in Kigaportal’s scope of services. The user is obliged at his/her own expense and at his/her own risk to provide for an Internet connection that meets his/her requirements and the relevant current system requirements. 3.1.2. The services provided can be discontinued at any time. As far as the discontinuance affects paying subscriber services, Kigaportal shall inform the subscriber about the upcoming discontinued services by publication on the website. 3.2. Availability, Customer service 3.2.1. Kigaportal shall assure the best possible availability, accuracy, punctuality and reliability of its services. The user does, however, acknowledge that no guarantee can be provided neither in material nor technical respect. Kigaportal shall try to overcome problems as they appear. 3.2.2. Complaints can be sent to Kigaportal’s customer service by email (service@kigaportal.com) or letter (Klosterwiesgasse 101b, 8010 Graz, Austria). 3.3. Liability 3.3.1. Kigaportal is made available with and reflects the current general technical standard. 3.3.2. Kigaportal explicitly points out to its users, that for any implementation of the instructions or any other educational content provided on the homepage, as well as use of delivered material goods ordered from our shop, the supervision of a supervising adult, pedagogue or other trained personnel is required. In this respect the user also must obey the safety regulations of their respective country. The respective supervisors themselves are responsible for adhering to the required safety regulations and in this regard may not rely upon the instructions provided by Kigaportal. The user confirms that Kigaportal had pointed out the necessity of compliance with these duties. Kigaportal is not obliged to annotate the published instructions, digital or materials goods or other contents with safety notices and shall not be liable for any kind of damages resulting from a violation of this obligatory supervision and/or safety regulations. 3.3.3. Furthermore, Kigaportal shall not be liable whatsoever for content, accuracy, timeliness, reliability, abuse, textual errors or transmission errors regarding the identity or contact information of the user. 3.3.4. Kigaportal shall not be liable whatsoever for the content provided by the users themselves (e.g. texts, images, audio or video files). In particular, Kigaportal is not liable for any damage caused to users by using instructions or other content provided by other users. 3.3.5. Kigaportal shall not be liable whatsoever for the compatibility of the Internet services with the user’s hardware or software. Furthermore, Kigaportal shall not be liable for the continued availability of the Internet service, viruses, abuse or damages caused by the user’s improper handling or inadequately used hardware or software, for malfunctions caused by the Internet connection, for application errors through the user or for any other malfunctions caused by the use of Kigaportal. 3.3.6. Kigaportal shall not be liable for a failure of the server. Kigaportal is entitled to temporarily discontinue the Internet service with reason (e.g. for reasons of maintenance, safety, capacity or improvement). 3.3.7. The links published on Kigaportal’s website are carefully selected – with exemption of the content and data published by the users in the community area – but no liability is assumed for the content of the sites offered via the links. If a user becomes aware of linked sites with unlawful content, he/she shall immediately notify Kigaportal’s customer service by email. 3.3.8. As far as Kigaportal can be held liable according to the legal provisions, its liability is limited to intent and gross negligence. Any further liability, in particular for slight negligence, atypical damages, lost profit, damages resulting from a defect, indirect and subsequent damages, damages to third parties, loss of interest, etc., is explicitly excluded. Kigaportal’s liability is furthermore limited with a maximum amount corresponding to the subscription price of the affected user. The burden of proof for Kigaportal’s fault is borne by the user. 3.3.9. Kigaportal shall not be held liable for damages resulting from force majeure or other failures for which Kigaportal is not responsible, governmental measures, disruptions, interruptions or other defects in the direct or indirect network connection, for acts of third parties in the network area and other measures for which no party is responsible or necessary and expedient technical measures (e.g. maintenance). 3.3.10. Insofar as liability is limited by law, this also applies to the personal liability of staff, employees, representatives and contractors of Kigaportal. 3.4. Copyright, Scope of use 3.4.1. The services and content provided by Kigaportal (e.g. photos and text files) are copyright protected. They may only be used by the user within the scope of their personal work area exclusively according to personal use as defined by the Copyright Act. Any further publication, dissemination or storage is forbidden. 3.5. Community Areas (Forum, etc.) 3.5.1. In order to use the community areas and parts of the functionalities offered by Kigaportal at no cost, the registration of the user (see point 3.8) is required. The user is required to complete the registration form truthfully. Changes in the registration data must be kept up to date by the user in the designated customer service area. 3.5.2. Each user is responsible for the content and data published him-/herself in the community area of Kigaportal; this applies in particular to possible infringement of third-party copyrights. The user declares to indemnify and hold Kigaportal harmless against damages caused by messages and data put in circulation by the user, in particular against private charges for defamation (§ 111 of the Criminal Code) or slander (§ 115 of the Criminal Code), email advertising (§ 107 of the Telecommunications Act), proceedings according to the Media Act, the General Civil Code, the Copyright Act or other applicable legal provisions. 3.5.3. By publishing and uploading content by users, the respective user transfers to Kigaportal the exclusive, exhaustive, temporally and with regard to the types of utilization unlimited right of use of the uploaded works. The right to edit is explicitly included. The right to name the respective author can be omitted. 3.5.4. The uploading of viruses or other malicious code is prohibited and will be prosecuted in criminal and civil courts. 3.5.5. The publication of non-authorized advertising communication on Kigaportal is prohibited and in the event of a violation, any benefits gained must be reimbursed to Kigaportal. 3.5.6. Actions that impair, overload or even block the flawless operation of Kigaportal are prohibited and will be prosecuted in criminal and civil courts. 3.5.7. The user is not allowed to capture data and content from other users by applying automated mechanisms like Bots, robots, spiders or scrapers, etc. 3.5.8. Kigaportal expressly states that the content uploaded and made available by the users themselves is not monitored. Kigaportal only randomly monitors the contents of and reserves the right to remove content that violates any law or shows violent, racist, xenophobic or pornographic tendencies or that is otherwise discriminatory or offensive. 3.6. Data protection 3.6.1. Kigaportal shall be obligated to comply with data protection laws in their current version. 3.6.2 The following personal data will be transferred and processed: 3.6.3. name, mailing address, email address, date of birth, as well as other data provided by the user; 3.6.4. contract-related data, like in particular commencement of the contract, payment methods, received payments, billed amounts. 3.6.5. The user undertakes to provide all data correctly, completely, truthfully and according to the legal provisions. The user must keep his/her information continually updated. The registration of a legal entity can only be done by a natural person authorized to represent that entity. 3.6.6. Kigaportal reserves the right to request the appropriate proof from the user with regard to accuracy of the data. 3.6.7. The user assents to the determination, processing, saving and transmission of personal data through Kigaportal, insofar as this occurs in connection with the services provided by Kigaportal. This consent may be withdrawn at any time and without stating reasons with future effect. 3.6.8. The user assents, that the site Kigaportal will be analyzed with services of third parties, such as “Google Analytics”. 3.6.9. The user is aware that the use of cookies is necessary for the use of www.kigaportal.com and also gives his/her explicit consent. These are small text files, which are stored on the user’s computer or mobile device. After the end of the respective browser session, the unneeded cookies (so-called “session cookies”) are deleted. The so-called "persistent cookies" remain on the user’s computer or mobile device and allow the user to be recognized upon his/her next visit. The storage of cookies can be prevented by means of a corresponding browser setting. The user acknowledges that by deactivating cookies the functionality of the homepage can be restricted. 3.6.10. Subject to Section 3.6.5, Kigaportal shall treat personal data confidentially and in particular shall not provide it to third parties for commercial purposes. 3.6.11. Upon submission of the registration data the user consents to the saving, processing and transmission of data according to Sections 3.6.5 and 3.6.6. 3.6.12. Users’ personal information is used by Kigaportal without their separate consent only to the extent necessary for the execution of the respective contract. This includes, in particular, the transfer of user data to delivery companies, credit card companies or other service providers used to provide the service or to fulfill the contract. The user expressly agrees to the distribution of this information for this purpose. 3.6.13. Customer accounts and personal information of users will be disclosed only when Kigaportal is required to do so by law or if such disclosure is required to enforce these GTC or claims. Here the user expressly gives his consent. 3.6.14. If the website and the online shop are used via mobile devices, such as tablets or smartphones, and location-based services have been activated or the user has given their consent, this may result in the transfer of information about the user's location and the device used, as well as the device’s identification number to Kigaportal. The user agrees that this information will be used by Kigaportal to provide location-based services or other personalized content. 3.6.15. If the user has registered by entering his e-mail address to receive a newsletter from Kigaportal, he/she expressly agrees that his/her e-mail address can be used for advertising purposes until the user unsubscribes from the newsletter. Unsubscribing from the newsletter is possible at any time with future effect, without giving reason. 3.6.16. The user has the right to obtain information about the extent and use of his/her stored, personal data. In addition, he/she may request the correction, blocking and deletion of his/her data, if legally possible. 3.6.17. Questions regarding the collection, processing or use of personal information or for the correction, suspension or deletion of the information can be sent to HOHE Medien OG, Klosterwiesgasse 101b, 8010 Graz, Austria, or service@kigaportal.com. 3.6.18. The user undertakes to keep his/her login data secret and protect it from the access of third parties. The user must immediately notify customer service about any kind of abuse or unauthorized access in writing. Up until this notification every action or use of Kigaportal in connection with the login data will be accounted to the user. Kigaportal shall also be obligated to keep the user’s login data secret. 3.6.19. Kigaportal’s users are prohibited from supplying their login data to third parties. In case of violation, the affected user shall be liable for any damages Kigaportal experiences by this unauthorized use. In particular the user shall be liable to Kigaportal in the event that the third-party claims damages from Kigaportal. 3.7. Consent to receive information 3.7.1. The user agrees, until further notice, that Kigaportal will send notifications (particularly regarding updates) concerning the Kigaportal website to the user's designated mailing or e-mail address. 3.8. Registration 3.8.1. Registration occurs by completing and submitting the electronic registration form available on the Kigaportal website. The user is required to complete the registration form truthfully and to provide a valid e-mail address. Misrepresentations -- even if made erroneously -- are not at the expense of Kigaportal. 3.8.2. Kigaportal reserves the right to change the registration conditions at any time according to the registration form. 3.8.3. After successful registration, the user is sent a link to the e-mail address provided, with which the user's account can be activated. By clicking on the link, the user’s Kigaportal account will be activated. 3.8.4. The basis of the registration is the e-mail address provided by the user. If an invalid e-mail address is entered, the registration cannot be completed. 3.8.5. Kigaportal is not obliged to check the arrival of the activation link at the user's email address. If the user does not receive an activation link, he/she should immediately contact Kigaportal and request the renewed sending of the link. 3.8.6. Changes to the registration data must be updated by the user in the designated customer service area. Notifications or any repayments to be made by Kigaportal shall in any case be deemed to have been made or delivered to the address or bank details last disclosed there. 4. Access data (login) 4.1. After successfully completing the registration, the user uses the "login" data for logging into the community area or subscriber area, which includes the user's email address as well as a self-selected password, which the user can change at any time in the customer service area (“My Subscription”). 5. Special Terms of Use for Subscribers 5.1. Scope of services 5.1.1. Kigaportal has established an exclusive area for its subscribers on its website. In the subscription-area, Subscribers can access additional services of Kigaportal for an additional fee. 5.1.2. Kigaportal provides pedagogical content in the subscription area. The subscriber does not have a right to request the change of this content at a certain point in time or concerning special content. 5.1.3. During Kigaportal’s company holidays no new content will be available. 5.1.3.1. Christmas: 2 weeks 5.1.3.2. Easter: 1 week 5.1.3.3. Summer: 5 weeks 5.1.3.4. Details are to be obtained from the website and/or the Kigaportal newsletter. 5.1.4. Kigaportal also offers subscribers the ability to upload content themselves and share it with other subscribers. Subscribers can both publish texts and upload files (e.g. Word, PDF, audio or video files, etc.). The files that can be uploaded and the size of these files are displayed to the subscribers on the Kigaportal homepage before uploading. Kigaportal reminds its subscribers that their storage capacity is limited, and no guarantee can be given that all files can be uploaded. 5.1.5. Subscribers can also use the content provided by Kigaportal with a planning tool in an individualized planner with calendar function. 5.2. Special provisions for the “Subscriber Uploads”) 5.2.1. When using the "Subscriber Uploads" functionality, especially when uploading one’s own texts and files, the same applies under point 3.5. ("Community Areas") and the following special provisions. 5.2.2. Subscribers may only upload and share with other users such texts and files that have educational content and for which they have the necessary copyright or rights of use or licenses. 5.2.3. Kigaportal reserves the right to remove files and texts without giving any reason. 5.3. Special provisions for the “Planner” 5.3.1. Any change to the content of Kigaportal - whether that content is provided by Kigaportal itself or uploaded by users - will also immediately result in changes to the subscriber's planning tool. 5.3.2. Kigaportal does not guarantee the planning provided by the subscribers or the availability of the content included in the planning. 5.4. Single and multiple licenses 5.4.1. Subscriptions to Kigaportal are generally designated to one particular person, therefore usually constituting a single license. 5.4.2. The owner of a single license in not allowed to pass on the Kigaportal services to third parties. As far as the services provided for Subscribers are used by the owner of a single license within the limits of organizationally connected institutions, the individual subscriber is not allowed to use the services beyond her person or her personal working area and, in particular, is not allowed to pass on these services to other organizations, institutions or colleagues, even if they might be organizationally connected with the institution, in which the Subscriber works. 5.4.3. For the collective use of Kigaportal's subscription offers within the framework of organizationally connected institutions, each user must obtain her own license. There is the possibility to acquire multiple licenses, which Kigaportal specifically marked as such on the Subscription order site. 5.5. Paid subscription order, payment, due date 5.5.1. Upon successful registration or login, the user may fill in a form online for ordering a paid subscription. The user can choose the subscription period as well as the means of payment. Before submitting, all data and information relevant to the order are summarized in an order summary. The user can check and change his/her billing address, payment method and subscription period before sending his/her order to Kigaportal by clicking on the corresponding button. However, an order can only be submitted if the user accepts GTC, the safety instructions and the declaration of consent for the immediate performance of the contract and the associated elimination of the right of withdrawal for digital goods. The user can view, download, save or print the GTC before sending the order. 5.5.2. The user is required to fill in the order form truthfully and to provide a valid mailing or payment address and email address. After successfully submitting the order, Kigaportal will email the user a link; clicking on this link (acknowledgment of receipt) leads to the immediate activation of the ordered subscription. The activation of the account is no longer within the control of Kigaportal, which is why a binding offer by the user is made by sending the order. After activation, the user receives an email confirmation of the conclusion of the contract in accordance with § 7 para 3 FAGG (law for distance selling), which contains all information in accordance with § 4 para 1 FAGG. The user will be liable for payment regardless of receipt of the activation link immediately upon submission of the order form. If Kigaportal refuses to conclude the contract, the user will also be informed immediately by email and any payments already made will be refunded promptly in the original form of payment. 5.5.3. The invoice will be made available on the “My Subscription” area of the website as well as sent to the desired billing address by email or post. The different subscriptions and the current prices of these subscriptions are available on the Kigaportal website. 5.5.4. The payment of the subscription fee will be made according to the country-specific payment options. Kigaportal reserves the right to introduce other payment options. The basis for the registration is the email address provided by the user. If an invalid email address was provided, the registration process cannot be concluded. 5.5.5. For payment by invoice, the following applies: Payment of the subscription is due upon receipt of the invoice. If the subscription is renewed as a result of failure to terminate, the subscriber will be billed for the entire new subscription period. The same applies with regard to the due date and the terms of payment. 5.5.6. In the event of late payment despite a warning, access to the subscription area will be blocked. In this case, Kigaportal is entitled to charge default interest of 10% per annum as well as dunning and handling fees plus postage to invoice. 5.6. Subscription period and termination of a subscription 5.6.1. Provided that the subscription is not terminated by the subscriber in writing (by email, online termination form or registered letter) at the latest with the last day of the subscription (date of receipt by Kigaportal), the subscription shall automatically extend for the respective term. 5.6.2. The subscriber can terminate his/her subscription at any time with the end of the subscription term. 5.6.3. If the Subscriber violates the GTC or duties arising out of the application form, then Kigaportal shall be entitled to terminate the subscription without notice with immediate effect. 5.6.4. In case of a timely termination by the subscriber (see Section 3.8.2.) the subscription (or other contract between Kigaportal and the subscriber) ends with the last day of the respective subscription. A refund of already paid subscription fees will not be made in this case or in case of a termination by Kigaportal. 5.6.5. If the subscription was not fully paid at the time of termination, the remaining amount of the subscription fee shall be due immediately. 5.6.6. In the event of termination of a subscription paid by automatically recurring payment services (PayPal, credit card, electronic direct debit), cancellation of the subscription must be made to Kigaportal. The existing debit order will then be canceled by Kigaportal. An unauthorized cancellation of the debit order by the user is not considered a termination. In case of such a cancellation, the user must reimburse Kigaportal for the costs incurred for the unsuccessful attempt. 5.7. Changes in the conditions for subscriptions 5.7.1. Kigaportal reserves the right to change the conditions for subscriptions at any time, in particular regarding their duration and price, whereby current subscriptions shall be exempt from such changes up until the expiration of the respective (original) term. The new conditions shall apply to those subscription terms, which were extended due to the not timely termination according to Section 3.5.2. Subscribers will be informed about the changes by email or online on the Kigaportal website. 5.8. Cancellation policy for the conclusion of a subscription contract (§ 11 FAGG) 5.8.1. Users are aware that they are entitled to a 14-day right of withdrawal from the date of the conclusion of the contract (= sending the registration). However, this right of revocation does not apply to contracts for the delivery of digital goods if the business has started delivery before the expiry of the withdrawal period. 5.8.2. Upon conclusion of the contract, users expressly declare that they wish Kigaportal to provide them with the contents of the homepage before the end of the 14-day withdrawal period after activating the link provided by the e-mail sent to the subscriber immediately after registration. The users are aware of this and agree that the immediate provision of the services of Kigaportal eliminates the 14-day right of cancellation provided for by § 11 FAGG. 5.8.3. Users are informed by Kigaportal prior to the conclusion of the contract that they are not entitled to a 14-day right of revocation according to § 11 FAGG due to their request for immediate fulfillment of the contract, as all contents of Kigaportal are immediately available to the users - before the end of the term withdrawal period. 5.9. Special Privacy Policy for subscribers 5.9.1. In addition to subscribers' provisions under 2.6. subscribers agree that Kigaportal will store personal data as well as the content uploaded and made available by the subscriber. 5.9.2. The subscriber expressly agrees that Kigaportal may retain the data he/she has provided and the content uploaded after termination of the subscription for up to 6 months in order to re-provision the data in the event of a renewed subscription by the subscriber. Third parties have no access to the data and the uploaded content after termination of the subscription. 5.9.3. If the subscriber wishes to permanently erase certain information he/she has provided, he/she must inform Kigaportal. Kigaportal will comply with the request for cancellation within 7 days, unless the deletion would affect data concerning the contractual relationship between Kigaportal and the subscriber. This data will be kept by Kigaportal until expiration of the legal warranty, warranty, statute of limitations and retention periods and, in addition, until the termination of any legal disputes in which the data is required as proof. 5.9.4. Through a registration on KiGaPortal, KiGaPortal offers its users access to free ideas. KiGaPortal reserves the right to change the period of access and the number of ideas at any time. 5.9.5. For the registration as well as for the use and responsibility of the login-data, the previously mentioned points apply. (s. 3.6.16) 6. Special Provisions for Orders in the Online Shop 6.1. Conclusion of the contract in the online shop 6.1.1. On the website www.kigaportal.com it is possible to purchase material goods via the online shop. 6.1.2. The presentation of the products in the online shop and information on the products in the online shop as well as in catalogs, brochures, other sales material and on the entire website are not binding for Kigaportal. In particular, there may be slight, reasonable deviations between the product images and the delivered products. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. 6.1.3. In the overview of the products offered in the online shop, the user can select the desired product(s) by clicking on the “In den Warenkorb” ("Add to cart") button. The selected goods are saved during the customer's visit to the website in the shopping cart. By clicking on the button "Zur Kassa" (“Check out”) the order process will be continued. On the following page, the customer is asked to register or to log in as an already registered user. On the next page, the customer can either accept the data already disclosed by him/her during the registration or has to fill in all information in the order form that are necessary for the execution of a proper order process. Finally, the customer is requested to select his/her means of payment. Kigaportal accepts different payment methods that can be selected by the customer during the ordering process. 6.1.4. Prior to submitting the order, the data relevant for the order will be summarized in an order summary. The customer can check his/her billing address, delivery address, payment method and shipping method as well as the entire shopping cart once again before sending his/her order to Kigaportal by clicking on the corresponding button. The conclusion of the order process by activating the button “Kaufen” ("Buy") represents a binding offer of the customer to conclude a purchase contract with Kigaportal. However, an order can only be sent if the customer accepts the GTC of Kigaportal. The customer can view, download, save or print the GTC before sending the order. Also, the cancellation policy can be viewed, downloaded, saved or printed before submitting the order. By accepting these GTC and sending his/her payment order, the customer agrees to the provision of the contract confirmation via email. 6.1.5. After completing the order process, the customer will be redirected to the website of the respective payment service provider. 6.1.6. After the customer places the order, Kigaportal will automatically send a confirmation email to the customer, which will reproduce the details of the order and confirm that the order has been received by Kigaportal (order confirmation). However, this confirmation does not constitute acceptance of the customer's offer, but merely documents that the customer's order has been received by Kigaportal. A contract is only concluded when Kigaportal accepts the offer of the customer by sending the ordered goods to the customer and at the same time confirming the shipment to the customer by email. This shipping confirmation also represents the explicit acceptance of the contract by Kigaportal and contains all information according to § 4 Para 1 FAGG and corresponds to the contract confirmation according to § 7 Para 3 FAGG. 6.1.7. If Kigaportal refuses to conclude the contract or the ordered goods cannot be delivered due to a lack of availability, the customer will be informed by email and any payments already made will be refunded with the original payment method. A contract or shipping confirmation is not sent in this case, as a contract does not occur. For products from the same order that are not included in the contract or shipping confirmation, there will be no contract. 6.1.8. Amendments and additions to the contract are only effective if Kigaportal expressly agrees. 6.1.9. The information about the order is stored by Kigaportal and can be viewed by the customer in the online customer service area. 6.1.10. Kigaportal reserves the right not to accept orders that contain incomplete and / or obviously incorrect information. 6.2. Cancellation policy for orders in the online shop according to § 11 FAGG 6.2.1. For consumer transactions, the customer is entitled to withdraw from his/her contract by Kigaportal in accordance with § 11 FAGG, without giving reasons within 14 days in writing. It is sufficient if the statement is sent within this period. 6.2.2. The customer is entitled to use the template revocation form, which is available on www.kigaportal.com, for the purpose of his/her revocation declaration. 6.2.3. The explanation of the revocation must be sent to: HOHE Medien OG Klosterwiesgasse 101b 8010 Graz, Austria, email: service@kigaportal.com 6.2.4. The period of revocation shall commence on the day of taking possession of the goods by the customer or a third party appointed by the customer, who is not the carrier of the goods. For partial deliveries or separate deliveries of a single order, the day of possession of the last delivered goods shall be decisive. 6.2.5. If the customer effectively withdraws from the contract, Kigaportal will reimburse all payments made by the customer, including the delivery costs (with the exception of the additional costs arising if a different type of delivery than the least expensive standard delivery offered by Kigaportal was chosen), immediately, but no later than 14 days from receipt of the revocation. The repayment is made using the same means of payment used by the customer for the settlement of his/her payment. Kigaportal is, however, entitled to refuse the repayment until the returned goods have arrived or the customer has provided proof of the return. 6.2.6. The customer must return the goods received to Kigaportal without delay, but no later than 14 days after submission of the revocation declaration. It is sufficient if the goods are sent within this period. The return must be in the original packaging. 6.2.7. The direct costs of the return of the goods are to be borne by the customer. The risk during mailing is borne by the sender. 6.2.8. The customer shall pay Kigaportal a reasonable fee for the use, including any associated reduction in the base value of the good or compensation for loss of value resulting from the non-necessary handling of the good to inspect its condition, quality and functioning. 6.3. Prices, shipping costs, terms of payment 6.3.1. The prices are valid at the time of the order. All prices quoted on the website are non-binding, without obligation and can be changed by Kigaportal at any time. The prices shown are gross prices (including VAT) in Euro. Shipping costs, taxes and any other fees (e.g. customs fees) and costs are displayed to the customer in the shopping cart and also appear explicitly in the order overview. 6.3.2. In the case of payment by means of electronic payment methods, the customer will be forwarded directly to the page of the respective Payments Service Provider (PSP) after completion of the order. 6.4. Non-Assignment 6.4.1. The customer is not entitled to offset against open claims against Kigaportal, unless Kigaportal becomes insolvent or the counterclaim is judicially recognized or judicially determined. 6.5. Delivery, shipping 6.5.1. Partial deliveries are permitted. 6.5.2. In case of force majeure the contractual obligations of both parties are suspended. Force majeure shall also include delays in transport, product-related failures for which Kigaportal is responsible, governmental measures or other circumstances for which neither party is responsible. 6.5.3. Kigaportal will deliver the ordered products to the delivery address provided by the customer. 6.5.4. The customer is obliged to receive the delivered products, even if they show any damage. 6.5.5. The delivery dates specified by Kigaportal are always without obligation. Compensation for late delivery is excluded in all cases, unless intent or gross negligence of Kigaportal exists. In the case of consumer transactions, the period of performance is a maximum of 30 days after conclusion of the contract (= shipment of the goods and the contract confirmation), unless the customer is informed and agrees that due to non-guaranteed availability or due to an individual production a longer delivery period is agreed upon. 6.5.6. If Kigaportal is unable to deliver the ordered goods without fault, Kigaportal shall be entitled to rescind the contract. 6.5.7. If a delivery to the customer is not possible for a reason for which the customer is responsible (e.g. because the customer was not found at the delivery address), the customer shall bear the costs for the unsuccessful delivery. 6.5.8. In the event of damage to the goods during transport, the customer must immediately report the damage to the transport company and assert the damage claim there. In addition, evidence of damage (photo) must be sent to Kigaportal. 6.6. Warranty 6.6.1. Warranty claims exceeding the statutory provisions of the customer are excluded. Claims for compensation for damages that did not arise on the subject of the contract itself are also excluded. This does not apply insofar as liability is mandatory in cases of intent, gross negligence or the lack of warranted characteristics. 6.6.2. No guarantee is given in any case for improper or improper use, treatment or application. 6.6.3. Furthermore, no guarantee is given that the online shop is always accessible. Kigaportal is entitled to suspend the online shop for maintenance reasons temporarily or completely. 7. Final Provisions 7.1. Severability clause 7.1.1. The invalidity of individual sections shall not affect the validity of the remaining sections of the GTC. An invalid clause shall be replaced by a valid clause, which economically and legally comes closest to the invalid’s intent and purpose. The same applies for possible regulatory gaps. 7.2. Language of the contract, Jurisdiction, Applicable law 7.2.1. The present GTC are concluded in the German language. Possible translations can be produced. The German version of the GTC is considered to constitute the original and to be applied for possible questions regarding implementation and interpretation. 7.2.2. Austrian law, excluding the rules concerning the conflict of laws, shall apply. 7.2.3. It is agreed that the competent Courts of Graz, Austria, shall have jurisdiction over disputes in connection with the present contract. August 09, 2021, HOHE Medien OG (KiGaPortal) http://www.kigaportal.com DVR:0051853 Reg.Nr.:601030908
These include:
