General terms and conditions

General terms and conditions (GTC) of Statistics Austria

1. Website Information

Statistics Austria
Bundesanstalt Statistik Österreich
Guglgasse 13
1110 Vienna
Phone: +43 1 711 28-7070
Fax: +43 1 711 28-7728
E-mail: office@statistik.gv.at

Company Register: FN 191155k, Company Register Court: Vienna Commercial Court
Head Office: Vienna, Place of Jurisdiction: Vienna
UID: ATU37869909

2. General

The General Terms and Conditions apply to the sale and delivery of goods and payable downloads from Statistics Austria and to the use of services from Statistics Austria, unless separate terms and conditions are agreed. Deviating agreements require express written confirmation by Statistics Austria in order to be valid. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. If provisions of the General Terms and Conditions are or become invalid or unenforceable, the remaining provisions shall remain unaffected. The affected provisions shall be replaced by means of interpretation by such provisions that best fulfil the originally intended purpose.

For free downloads from Statistics Austria, the terms of use in the imprint and in the legal notice of the Statistics Austria website apply.

Downloads subject to a charge can be ordered via the Statistics Austria website by providing an e-mail address and billing address. The download link is sent by e-mail to the e-mail address provided by the user and is valid for 90 calendar days. Restrictions on the download option do not constitute a claim of any kind on the part of the user. Statistics Austria collects, processes and uses the following personal data of the user in relation to downloads subject to a charge E-mail address and billing address. The e-mail address is deleted 90 days after transmission of the download link. The user may at any time object in writing to the use of the data and request the correction, deletion and blocking of this data.

3. Order

Consumers: In the case of legal transactions with consumers within the meaning of the Austrian Consumer Protection Act, these General Terms and Conditions shall apply insofar as they do not contradict mandatory provisions of the Consumer Protection Act.

Access to a product or service subject to payment requires an order and entitles the customer to use the ordered content in accordance with these General Terms and Conditions. The sending of an order by the customer shall be deemed to be an offer to conclude a purchase contract for the selected products or the agreed products made according to customer specifications (special evaluations). The content of the offer can only refer to the publications offered (print or download) or the agreed special evaluations as well as the conditions stated therein. The purchase of a print publication or a special print evaluation (purchase contract) becomes final upon acceptance on site (sales outlet of Statistics Austria) or delivery by Österreichische Post AG. The purchase of a download or an electronic special evaluation (purchase contract) becomes final upon delivery of the e-mail with which Statistics Austria transmits the download link or the electronic special evaluation.

4. Right of withdrawal and exclusion of withdrawal

Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded or a contractual declaration made by means of distance selling within the withdrawal period of 90 calendar days from receipt of the delivery without stating reasons.

In the event of withdrawal, a full or partial refund of the purchase price shall only take place concurrently with the return of the goods received from the customer. The condition for this is that the goods are in an unused condition and can be resold as new. The shipping costs shall be borne by the customer. In the case of items that are impaired by signs of use or whose packaging is damaged, Statistics Austria will charge an appropriate fee for the reduction in value. The same applies if accessories (software, etc.) are missing when the goods are returned.

In the event of withdrawal from the contract or from the contractual declaration concerning products of Statistics Austria that are subject to payment, it shall be sufficient if the written declaration of withdrawal is sent within the deadline to the Bundesanstalt Statistik Österreich, Guglgasse 13, 1110 Vienna, or by e-mail: info@statistik.gv.at

Withdrawal from the contract or from the contractual declaration in the case of an activated download and via products made according to customer specifications (special evaluations) is excluded.

5. Prices and shipping costs

Unless otherwise stated, all prices are quoted as daily prices "ex works" (= headquarters of Statistics Austria, 1100 Vienna, Guglgasse 13) plus all expenses incurred in connection with shipping:

Shipping costs
Countries

0-5 pcs

6-10 pcs

ab 11 pcs

Domestic

6,00 €

11,00 €

20,00 €

Europe

16,00 €

21,00 €

30,00 €

World

26,00 €

31,00 €

40,00 €

Should export or import duties become due in the course of shipment, these shall also be borne by the orderer.

Downloads subject to payment are priced at the respective valid price. Special evaluations that are subject to payment are priced according to the time and effort involved. Statistics Austria does not charge any shipping costs for sending the download link or the electronic special evaluation.

The invoiced amounts do not include VAT, therefore the invoices do not entitle to input tax deduction.

6. Terms of delivery and payment, retention of title

Unless otherwise agreed, the product shall be delivered at the expense and risk of the customer. Delivery may also be made by electronic media, e.g. by e-mail, on data carriers, etc. Partial and partial deliveries are possible. Partial shipments and partial deliveries are possible. Non-agreed returns of delivered products will not be accepted by Statistics Austria and will be returned at the expense and risk of the sender.

The invoice shall be sent by post or as an e-invoice (format: web interface 5.0). Payment of the invoice amount shall be made within 30 days of the invoice date, without any deductions. In the event of late payment, interest on arrears in the amount of 2 % above the respective interest rate of the Austrian National Bank shall be charged. In addition, any reminder charges pursuant to § 458 of the Austrian Commercial Code (UGB), version: dRGBl. S 219/1897 as amended, lawyer's and collection fees as well as postage charges shall be invoiced. In the event of a delay in payment of an invoice of more than four weeks, all other outstanding invoices shall become due for immediate payment without any grace period being required, irrespective of their due date, and/or in the event of any agreed partial payment, a loss of payment date shall occur.

The product remains the property of the Federal Statistical Office until full payment has been made. Download links are valid for 21 calendar days from delivery; the content stored in the links must be retrieved within this period. The customer is responsible for retrieving the contents before the expiry of the 90-day period. No refund will be made for downloads not retrieved. Forwarding the download link and the downloaded files to third parties is not permitted. Temporary restrictions of the download option do not justify any claim whatsoever on the part of the customer.

7. Delivery times

Delivery will be made within the statutory delivery period of 30 days from the date of the order, unless it is a pre-order when the product has not yet been released.

8. Warranty

Statistics Austria guarantees that the delivered product is free of material defects. Complaints must be made in writing to Statistics Austria immediately after the material defect has become apparent. In particular, §§ 924 and 933 General Civil Code (ABGB), JGS No. 946/1811 as amended, must be observed.

In the event of a warranty claim, the customer is initially entitled to demand rectification or replacement. In case of impossibility of subsequent delivery or rectification, the customer may demand a reduction of the purchase price or rescission of the contract.

Statistics Austria does not assume any liability for errors, malfunctions or damage on the part of third parties that are due to improper operation, the use of unsuitable organisational resources and data carriers, or abnormal operating conditions.

9. Liability

All claims for damages against Statistics Austria or one of its vicarious agents, in particular due to incorrectness and incompleteness of the content of the product, due to consequential harm caused by a defect, pecuniary loss, loss of profit, savings not made, loss of interest, damages from third-party claims as well as loss of and damage to (recorded) data, other data material and destruction of software, are excluded - except in cases of intent or gross negligence.

In the case of damage caused by itself, Statistics Austria is not obliged to prove the absence of intent or gross negligence. The amount of liability is in any case limited to three times the amount of the purchase price subject to liability.

10. Copyrights

All products and the data contained therein are protected by copyright. All rights are reserved by Statistics Austria. If reproduced correctly and if the source "Statistics Austria" is correctly cited, it is permitted to reproduce, distribute, make publicly available and edit the contents. In the case of use of extracts, presentation of parts or other modification of data content such as tables, graphics or texts, a note must be attached at a suitable place stating that the content used has been edited.

Please note that it is not permitted to forward payable download links or files downloaded from payable electronic products to third parties.

11. Data Protection

Statistics Austria is entitled to store and process the data received about the customer in connection with the business relationship in accordance with the statutory data protection provisions.

For the processing of orders, the provision of contractual services, for communication with the customer and for the billing of contractual services, the following customer data may be collected and processed by Statistics Austria: Salutation, surname, first name, delivery address, billing address, e-mail address and, if applicable, title, telephone number, affiliation to a company/institution. In relation to downloads subject to payment by Statistics Austria, Statistics Austria processes the time of transmission of the download link to the customer by e-mail.

The statutory retention periods of § 212 UGB apply. After expiry of these periods, the customer's personal data will be deleted.

The legal basis for data processing is the initiation and performance of contracts pursuant to Art. 6 (1) lit b of the General Data Protection Regulation (DSGVO). All further information on personal data processing by Statistics Austria can be found in the data protection information (not part of the GTC) of Statistics Austria on the website www.statistik.at.

Upon request, the customer shall receive information about the data stored about him or her.

12. Privacy Policy on the use of cookies

Cookies are small text files that are stored on your IT device and saved by your web browser. Our website uses the following cookies: "Session cookies": They are automatically deleted at the end of the internet session or when the web browser is closed. "Persistent cookies": They have a maximum expiry period of 2 years and are automatically deleted after expiry.

You can set your web browser so that you are informed about the setting of cookies, only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the web browser. If you deactivate cookies, the functionality of our website may be limited.

13. Place of performance

The place of performance for deliveries and payments is Vienna.

14. Applicable law and place of jurisdiction

These General Terms and Conditions and all legal relations between Statistics Austria and the customer shall be governed exclusively by Austrian law. Vienna is agreed as the place of jurisdiction.