General Terms Of Contract under Austrian law are essential standardized agreements that businesses use to establish consistent rules for their transactions with customers and business partners. These terms must comply with Austrian legal requirements, including the ABGB (Civil Code), KSchG (Consumer Protection Act), and UGB (Business Code), as well as relevant EU regulations. The document is particularly crucial for businesses operating in Austria or with Austrian customers, as it must address specific local legal requirements while maintaining fairness and transparency in commercial relationships. The terms typically cover contract formation, service delivery, payment terms, liability provisions, and dispute resolution, with special attention to consumer protection requirements when used in B2C contexts.
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1. 1. General Provisions: Identifies the contracting business and establishes the scope and applicability of the GTCs
2. 2. Contract Formation: Details how contracts are formed, including offer and acceptance processes
3. 3. Prices and Payment Terms: Specifies pricing structure, payment methods, due dates, and consequences of late payment
4. 4. Delivery and Performance: Outlines terms for delivery of goods or performance of services, including timeframes and conditions
5. 5. Rights and Obligations of the Parties: Details the main rights and obligations of both the business and customers
6. 6. Warranty and Liability: Specifies warranty terms, limitation of liability, and complaint procedures in compliance with Austrian law
7. 7. Contract Duration and Termination: States contract duration, renewal terms, and termination conditions
8. 8. Data Protection: Addresses data protection and privacy in compliance with GDPR and Austrian DSG
9. 9. Final Provisions: Includes choice of law, jurisdiction, severability clause, and written form requirements
1. Digital Services: Include when offering online services or digital content, addressing specific requirements under the E-Commerce Act
2. Intellectual Property Rights: Include when the business needs to protect IP rights or license content to customers
3. Return Policy: Include for B2C contracts involving physical goods, detailing return processes and costs
4. Subscription Terms: Include for recurring services or subscription-based business models
5. Special Conditions for B2B: Include when GTCs apply to both B2C and B2B relationships, specifying different terms for business customers
6. Force Majeure: Include to address extraordinary circumstances affecting contract performance
7. Quality Assurance: Include when offering products or services with specific quality standards or certifications
1. Price List: Detailed pricing information, including any surcharges or special rates
2. Service Level Agreement: Specific performance metrics and service levels, particularly relevant for B2B relationships
3. Data Processing Agreement: Required when processing personal data on behalf of customers under GDPR
4. Technical Requirements: Technical specifications or system requirements for products or services
5. Withdrawal Form: Mandatory form for B2C contracts allowing consumers to exercise their right of withdrawal
6. Additional Terms for Specific Products/Services: Product or service-specific terms that supplement the main GTCs
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