General Terms & Conditions
MP-Commerce e.U., owned by Markus Pfister, ( referred to as "AMZ TRANSLATE"), offers its customers a translation service specifically for Amazon product pages. Currently, a translation is offered from German and English into the following languages:
This service is aimed exclusively at entrepreneurs within the meaning of § 1 para. 1 no. 1 Consumer Protection Act (COPRA). If the customer is a consumer within the meaning of § 1 para. 1 no. 2 COPRA (or § 1 para. 3 COPRA), they must inform AMZ TRANSLATE of this.
2. SCOPE OF VALIDITY
All business relations between AMZ TRANSLATE and the customer are subject to these GTC in the version applicable at the time of the conclusion of the transaction. Any deviating terms and conditions imposed by the customer shall not apply unless AMZ TRANSLATE has agreed to their validity in writing.
These GTC's apply to offline and online business. AMZ TRANSLATE is intended for customers in Austria, Germany and Switzerland.
3. CONDITIONS OF USE
In order to be able to purchase services and goods through electronic channels from AMZ TRANSLATE, customers must register in the online shop. The customer is obliged to provide true and complete information in the course of the business relationship and to keep their data up to date at all times. They must treat this data confidentially and protect it from access by unauthorised persons. If the customer suspects misuse by third parties, they must inform AMZ TRANSLATE of this without delay.
The customer must refrain from all measures that could endanger or impair the technical provision of the online shop (including cyber attacks). Such behaviour will be legally prosecuted.
The customer may only use the services offered by AMZ TRANSLATE as intended.
4. OFFER AND CONCLUSION OF CONTRACT
By clicking the button "Order subject to payment" the customer submits a binding offer to conclude a contract with AMZ TRANSLATE. AMZ TRANSLATE is not obliged to accept this offer.
AMZ TRANSLATE shall confirm receipt of an offer to the customer by sending an e-mail to the address provided by the customer ("order confirmation"). This e-mail does not constitute acceptance of the offer by AMZ TRANSLATE. AMZ TRANSLATE may accept offers by confirming the acquisition of the offer in another e-mail ("order confirmation") or by sending the ordered service or goods (the translation).
The translations will be finalised and sent to the client electronically within a maximum of thirty days.
5. PAYMENT MODALITY
The amount of the fee depends on the respective package ordered in the Online Shop. The prices listed in the Online Shop are in EUR and include all taxes as well as shipping costs. In case of doubt, the sales tax is not yet included. The amounts stated at the time of ordering shall apply in each case. AMZ TRANSLATE shall inform the customer once again about the prices, taxes and shipping costs in the order summary before the order is completed.
The following payment options are currently offered: Mastercard, Visa, Maestro, EPS, Klarna Direct, iDEAL, Bancontact, SEPA, AMEX.
If the receivables are not paid within fourteen days, AMZ TRANSLATE shall charge the statutory default interest within the terms of section 456 of the Austrian Commercial Code (UGB) from the due date. A fee of EUR 25.00 per reminder may be charged for reminders. In the event of default in payment, AMZ TRANSLATE shall be entitled to restrict or block access to services.
6. RESERVATION OF OWNERSHIP
The goods and services supplied by AMZ TRANSLATE shall remain the property of AMZ TRANSLATE until full payment has been made.
7. DEFAULT OF PERFORMANCE
AMZ TRANSLATE is not responsible if it cannot fulfil its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunication services as well as due to force majeure.
If AMZ TRANSLATE is prevented from meeting delivery deadlines due to force of nature (e.g. natural disasters, epidemics) or other circumstances for which AMZ TRANSLATE is not responsible, AMZ TRANSLATE shall inform the customer of this as soon as possible. The delivery period shall be extended by the duration of these events.
8. LIABILITY FOR DAMAGES AND WARRANTY
AMZ TRANSLATE's liability for minor negligence is excluded. Liability is generally limited to the order value of the specific translation concerned. This shall not apply in the event of intentional damage.
Liability for loss of profit is excluded.
This limitation of liability shall not apply with regard to personal injury and with regard to the Product Liability Act.
AMZ TRANSLATE shall not be liable for any consequential damage resulting from the fact that texts are not correctly translated into the respective national language.
The warranty period is six months from the date of delivery of the translation. The customer must fulfil his obligation to give notice of defects within the meaning of Section 377 of the Austrian Commercial Code (UGB) within 14 days of delivery of the translation at the latest.
9. NOTE ON SEO FUNCTIONALITY
AMZ TRANSLATE draws attention to the fact that the quality and feasibility of text translations with regard to search engine optimisation ("SEO") depends, among other things, on the following criteria:
Allocation of descriptors
Target market placement
Positioning of the advertised products or services
For the purposes of clarity, AMZ TRANSLATE would like to point out that a one-off search engine optimisation can in no way guarantee that the copy will be listed in the top position in organic searches.
10. EXCLUSION OF LIABILITY
The translations carried out do not reflect the opinion of AMZ TRANSLATE. AMZ TRANSLATE cannot be held liable from the mere fact of the translation.
AMZ TRANSLATE shall not be obliged to translate texts that are obviously illegal. AMZ TRANSLATE shall not be under any obligation to research the accuracy and legality of the texts to be translated.
11. USE OF SUBCONTRACTORS
AMZ TRANSLATE may use subcontractors to fulfil its obligations under this contract. AMZ TRANSLATE has contractually bound the subcontractors it uses to secrecy.
12. AMENDMENTS TO GENERAL TERMS AND CONDITIONS
AMZ TRANSLATE is entitled to amend these terms and conditions at any time. AMZ TRANSLATE shall inform the customer of such amendments by sending the amended terms and conditions to the e-mail address last notified to the customer. The amendment of the terms and conditions entitles the customer to terminate the contractual relationship in writing within a period of one month from notification. If the customer does not terminate within this period, the amended terms and conditions shall be deemed agreed. AMZ TRANSLATE shall specifically draw the customer's attention to the significance of his conduct at the beginning of the period provided for.
13. PLACE OF JURISDICTION AND APPLICABLE LAW
This contractual relationship is based on Austrian law. 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 is Eisenstadt.
14. DURATION OF THE CONTRACTUAL RELATIONSHIP
The contractual relationship with the customer begins with the conclusion of the contract. If a one-off service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services.
Should any part of these terms and conditions be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition which comes as close as possible to the economic intention of both contracting parties as discernible from the agreement.
Amendments to these terms and conditions as well as additions to them are only valid if they are agreed and signed in writing (this does not affect the regulation in the sense of point 12).
AMZ TRANSLATE recommends that the customer save these GTC permanently.
Information according to Section 5 ECG and Section 14 UGB:
Ing. L. Figlgasse 9
Owner: Markus Pfister
Company register number: 476425a
Registered at: Eisenstadt Regional court
VAT ID: ATU71393226
Member of the Austrian Federal Economic Chamber.