1. Preamble

Mrs. Romana Gattringer, Erlaufstrasse 22/8, 2344 Maria Enzersdorf, Austria (hereinafter referred to as “PROVIDER”) addresses motivated students, parents and teachers. Her mission is to contribute to effective learning success with customized pdfs in English. In this context, the PROVIDER offers the possibility to download pdfs via her online webshop.

These general terms and conditions (hereinafter referred to as “GTC”) are addressed to persons who wish to use the pdfs for professional purposes (e.g. teachers), i.e. entrepreneurs in the sense of section 1 Abs 1 Z 1 KSchG („Austrian Customer Protection Act“) but also private customers (e.g. parents and students) (consumers in the sense of section 1 Abs Z 2 KSchG) (both together hereinafter referred to as “CUSTOMERS”).

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.

2. Scope of application

The GTC regulate the acquisition, use and exploitation of the pdfs as well as the related entrepreneurial and administrative activities.

In the event of a contradiction, these GTC supersede any general terms and conditions of the CUSTOMER.

The PROVIDER addresses itself to CUSTOMERS all over the world.

Contractual, ordering and business language is English or German.

These GTC are permanently available at the URL: https://englishpdfs.com/en/terms/ 

3. Conditions of use

The CUSTOMER is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the CUSTOMER suspects misuse by third parties, he must inform the PROVIDER immediately.

The CUSTOMER shall refrain from all actions that could endanger or impair the technical provision of services of the PROVIDER (including cyber attacks). Such behavior will be legally prosecuted.

The CUSTOMER shall take appropriate precautions to protect the pdfs from unauthorized access by third parties.

It is the CUSTOMER’s responsibility to create the necessary electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) for downloading the pdfs. The Contractor shall have no obligation to provide information or advice in this regard.

4. Offer and conclusion of contract

By clicking the button “Pay now” and entering the required data in the input mask, the CUSTOMER makes a binding offer to conclude a contract with the PROVIDER. The PROVIDER is not obliged to accept this offer, but will confirm receipt of the offer (“order confirmation“). The acceptance of the CUSTOMER’s offer, and thus the conclusion of the contract, is made by the PROVIDER by making the pdfs available to the CUSTOMER for download or by accepting the offer explicitly (“contracting confirmation“).

5. Legal capacity („Geschäftsfähigkeit“)

If an order is placed, the PROVIDER assumes that the orderer legally represents the CUSTOMER and is authorized to place the order (prima facie power of attorney – „Anscheinsvollmacht“).

Furthermore, it assumes that the CUSTOMER has the necessary legal capacity to conclude the contract in question.

6. Payment modalities

The prices listed on the website of the PROVIDER are in EUR. In case of doubt, the sales tax is not yet included. It is pointed out that the PROVIDER is exempt from VAT due to the small business regulation according to section 6 para 1 number 27 UstG.

The amounts stated at the time of order shall apply in each case. The determination of the prices is incumbent on the PROVIDER.

Receivables are due upon invoicing.

The payment options are shown transparently in the webshop.

If the receivables are not paid within fourteen days, the PROVIDER will charge the legally permissible interest on arrears from the day of maturity. For reminders, an expense allowance of EUR 20.00 per reminder can be charged.

7. Right of withdrawal according to the Austrian FAGG

This right of withdrawal only applies to consumers.

The right of withdrawal shall not apply if the delivery of intangible digital content is made (i) with the express consent of the CUSTOMER, coupled with (ii) the CUSTOMER’s knowledge of the loss of the right of withdrawal in the event of premature fulfillment of the contract and (iii) after the provision of a copy of the contract or confirmation of the contract.

 The CUSTOMER has the right to withdraw from an already concluded contract within fourteen days without giving any reason if the contract was concluded electronically. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise the right of withdrawal, the PROVIDER must inform the CUSTOMER of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the PROVIDER may use the model cancellation form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the website of the PROVIDER.

A declaration of revocation is to be sent to the following address:

Mag. Romana Gattringer,
Erlaufstrasse 22/8
2344 Maria Enzersdorf, Austria
0677/61 75 2502
office@englishpdfs.com

In order to comply with the withdrawal period, it is sufficient that the CUSTOMER sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the CUSTOMER will be sent a confirmation of receipt of such revocation. If the CUSTOMER revokes the contractual statement or a contract that has already been concluded, the PROVIDER shall return all payments that it has already received from the CUSTOMER without undue delay and no later than within fourteen days from the day on which the PROVIDER received the notification of revocation of this contract. For the repayment, the PROVIDER shall use the same means of payment that the CUSTOMER used for the original transaction.

If the CUSTOMER has requested that the service should start during the withdrawal period, the CUSTOMER shall pay the PROVIDER a reasonable amount corresponding to the proportion of the services already provided up to the time the CUSTOMER notifies the PROVIDER of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract. It is pointed out that the major part of the service of the PROVIDER will be provided immediately after the conclusion of the contract.

8. Permission to us the work („Werknutzungsbewilligung“)

The PROVIDER grants the CUSTOMER the non-exclusive, non-exclusive license to use the pdfs for an unlimited period of time, limited in content and location for the purposes of the business relationship (within the meaning of section 24 para 1 first sentence UrhG).

Any resale of the pdfs requires the express consent of the PROVIDER.

Markings of the pdfs, in particular copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognizable.

The PROVIDER shall be marked on the contractual pdfs with the designation:

© Mag. Romana Gattringer

as the author. This copyright designation is to be applied in any case in such a way that a clear assignment to the PROVIDER is possible. Removing or making unrecognizable the copyright designation constitutes a copyright infringement.

9. Liability for damages and warranty

The liability of the PROVIDER for slight negligence is excluded. The liability is generally limited to the amount of the remuneration paid by the CUSTOMER so far.

The liability of the PROVIDER for loss of profit of the CUSTOMER is excluded.

This limitation of liability does not apply with regard to intentional damage, personal injury and under the Product Liability Act.

The PROVIDER has prepared all pdfs to the best of its knowledge and belief. However, if errors should have crept in, the PROVIDER shall not be liable for them. The PROVIDER would be grateful, however, if the CUSTOMER points out the error to him.

10. Amendment of the GTC

The PROVIDER is entitled to amend these GTC at any time. The PROVIDER shall inform the CUSTOMER of such changes by sending the amended GTC to the email address last provided to the PROVIDER. The CUSTOMER has the right to object to this change. If the CUSTOMER does not object within 14 days from the date of sending this amendment, it shall be assumed that the CUSTOMER has impliedly agreed to the amendment of the GTC. Unilateral and factually unjustified changes to the GTC cannot be implemented in this way.

11. Data protection and protection of business and trade secrets

The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, the CUSTOMER and the PROVIDER are mutually obliged to maintain secrecy about the circumstances and data related to the other, of which they become aware due to the present business relationship, and in particular to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship. The CUSTOMER and the PROVIDER further undertake to instruct and instruct their employees and vicarious agents in this sense.

The PROVIDER draws attention to the fact that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 DSGVO).

Further information on the processing of personal data can be found in the privacy policy.

12. Reference-Clause

The PROVIDER is entitled to indicate the fact of the business relationship with the CUSTOMER by a reference on its website. It is (exclusively) entitled to use the logo of the CUSTOMER in this context. This right also exists beyond this contractual relationship.

13. Jurisdiction and Applicable Law

This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded. The exclusive place of jurisdiction shall be Mödling. If the CUSTOMER is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the CUSTOMER may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The PROVIDER undertakes to participate in such arbitration proceedings.

14. Further issues

If any part of these terms and conditions should be invalid, this shall not affect the validity of the remaining terms and conditions. The ineffective condition shall be replaced by such an effective condition, which economically comes as close as possible to the intention of both contracting parties discernible from the agreement.

Amendments to these terms and conditions as well as supplements to these terms and conditions shall only be valid if they have been agreed and signed in writing.

The PROVIDER recommends the CUSTOMER to save these GTC permanently.

(February 2021)