general terms & conditions
Status: March 01, 2020
Status: March 01, 2020
general terms & conditions of the company CIRCLY
Pre-contractual & contractual information duties for a (web) application according to § 4 FAGG in conjunction with § 7 FAGG
Information about the company:
BIZ, Heinrich Schneidmadl Straße 15, P.O. Box T022N
A-3100 St. Pölten
FN: no entry in the commercial register (GesbR)
1. essential features of the web application
CIRCLY offers the possibility to use a web application via web platforms such as Safari or Google Chrome. With this web application, independent and self-employed companies, which have a cooperation agreement with CIRCLY, can access location-specific demand and company-relevant information, as well as enter and read out data. The exact scope of the services that can be used depends on the participating company and can therefore be different for each user.
The web application is available for use and available to the user for a fee. In connection with the use of the web application, costs of data transfer of the network operator may arise, which have to be paid by the customer_in.
3. duration and termination
The contractual relationship is concluded for an indefinite period.
As a user, you can terminate the contract at any time without giving reasons by giving 3 months' notice and demand that CIRCLY delete your access to your user account with immediate effect. CIRCLY is entitled to terminate or cancel the contract for the use of the web application by giving 4 weeks' notice. CIRCLY is also entitled to terminate the contractual relationship with immediate effect for good cause. In particular, a violation of the terms and conditions of use shall also be deemed an important reason.
4. terms of delivery and service
The web application and access are used via web browsers and platforms like Google Chrome or Safari. The delivery of the web application is immediate.
5. right of withdrawal or revocation
As a consumer you have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of revocation, you must inform CIRCLY (CIRCLY GesbR, Heinrich Schneidmadl Str 15, P.O. Box T022N, 3100 St. Pölten, office@Circly.at) of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the sample revocation form attached below for this purpose. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Exceptions to the right of withdrawal:
If the execution of the offered service is started at your request before the end of the 14-day withdrawal period of § 11 FAGG (e.g. by placing an order), the right of withdrawal is not applicable after legal instruction about these consequences of premature termination.
You hereby acknowledge and expressly agree that with the first-time use of the web application, the performance of services by CIRCLY will be carried out before the expiry of the withdrawal period of § 11 FAGG and that the loss of the right of withdrawal according to § 18 FAGG is connected with this.
Any warranty by CIRCLY, especially for the free service and the web application, is or will be excluded. CIRCLY makes no representations or warranties of any kind with respect to the Web Application and the Service and makes no representations or warranties of any kind in relation thereto. Similarly, CIRCLY makes no representations, warranties or guarantees whatsoever with respect to the services, prices and information of participating restaurants or hotels, their operation, quality, suitability or the like.
7. final clause
The information contained in this information sheet is an integral part of the contractual relationship for the CIRCLY web application in question. In case of an incorrect translation or mention of an incorrect legal text, Austrian law shall apply. Changes are only effective if they have been expressly agreed in writing by the parties to the contract.