General Terms and Conditions

(1) These General Terms and Conditions (hereinafter "GTC") apply to all legal relationships, contracts, deliveries, services, and other business activities between Avica GmbH (FN 670285 p, Commercial Court of Vienna), Kreindlgasse 10/6, 1190 Vienna (hereinafter "Avica") and its contractual partners (hereinafter "Customer").

(2) In these GTC, the following definitions are used:

Consumer (B2C): Natural or legal persons for whom the legal transaction does not belong to the operation of their business (§ 1 para 1 no 2 of the Austrian Consumer Protection Act - KSchG).

Entrepreneur (B2B): Natural or legal persons or partnerships with legal capacity for whom the current legal transaction belongs to the operation of their business (§ 1 para 1 no 1 KSchG in conjunction with § 1 of the Austrian Commercial Code - UGB).

(3) The version of the GTC valid at the time of the conclusion of the contract shall be authoritative in each case. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall not become part of the contract, even if known, unless their applicability is expressly agreed to in writing by Avica. Any reference to the Customer's own terms and conditions is hereby expressly rejected.

(4) Amendments to the GTC:

Towards Entrepreneurs (B2B): Avica reserves the right to amend these GTC at any time in the case of continuing obligations. The amended GTC will be notified to the Customer in writing or by email. The amendments shall be deemed approved if the Customer does not object in writing or by email within 14 days of receipt of the notification.

Towards Consumers (B2C): Amendments to these GTC within the framework of continuing obligations are only permissible if they are objectively justified. The proposed amendments will be transmitted to the Consumer in writing or by email at least four weeks before their planned entry into force. The Consumer has the right to object to the amendments. If the Consumer does not object in writing or by email within this four-week period, the amendments shall be deemed approved (fiction of consent pursuant to § 6 para 1 no 2 KSchG). Avica undertakes to explicitly and separately inform the Consumer in the notification of amendment of the right to object, the run of the period, and the significance of silence.

(1) All offers by Avica (in particular on flyers, websites, catalogs, in individual cost estimates) are subject to change, non-binding, and are to be understood as a mere invitation to the Customer to submit an offer (invitatio ad offerendum).

(2) A contract is only concluded upon a written order confirmation by Avica or by email, or by the actual execution of the service or delivery of the goods by Avica. Subsequent changes, amendments, or side agreements to the scope of services require the written form to be effective.

(3) Exclusivity of Correspondence & Trade Secret Protection: All offers, cost estimates, invoices, service descriptions, concepts, and any other business correspondence transmitted by Avica contain sensitive commercial, technical, and organizational information, calculations, conditions, and creative ideas. These constitute protected trade secrets of Avica within the meaning of the Austrian Act Against Unfair Competition (UWG).

(4) The Customer is strictly prohibited from passing on, publishing, or making accessible these documents, offers, invoices, or correspondence to third parties (in particular competitors of Avica) without the prior express written consent of Avica. Excepted is the disclosure to persons who are subject to a statutory professional duty of confidentiality for the purpose of proper bookkeeping and legal advice. Any violation of this confidentiality obligation shall make the Customer fully liable for damages to Avica, including compensation for lost profits.

(1) Prices:

In the B2B sector: All prices are net prices excluding statutory VAT and excluding any transport, shipping, packaging, or other additional costs.

In the B2C sector: All specified prices are gross total prices including statutory taxes and charges, but excluding separately listed shipping costs.

(2) Invoices of Avica are due for payment immediately upon receipt without any deduction, unless a different payment term is specified on the invoice. The Customer agrees to the exclusively electronic transmission of invoices by email. In the case of payment with cryptocurrencies, the debt is only deemed settled when the corresponding equivalent value in Euro has been irrevocably credited to Avica's bank account; the Customer bears the exchange rate risk until the credit is fully completed.

(3) Default of Payment:

Towards Entrepreneurs (B2B): In the event of payment default, the statutory default interest rate for business transactions pursuant to § 456 UGB shall apply, which is 9.2 percentage points above the base interest rate. The Customer undertakes to compensate all reminder, collection, and attorney costs associated with recovering the debt. This includes a flat fee of EUR 40.- for recovery costs pursuant to § 458 UGB as well as any exceeding costs of an engaged attorney or collection agency.

Towards Consumers (B2C): In the event of payment default, the statutory interest rate of 4% p.a. pursuant to § 1000 para 1 ABGB shall apply. In case of culpable default, the Consumer undertakes to reimburse reasonable reminder fees of a maximum of EUR 20.- per reminder.

(4) Acceleration Clause (Terminverlust):

Towards Entrepreneurs (B2B): If installment payments or partial payments have been agreed, acceleration occurs if the Customer defaults in whole or in part on even a single partial payment or auxiliary claim. In this case, the entire remaining outstanding debt shall become due for payment immediately.

Towards Consumers (B2C): If installment payments have been agreed, acceleration to the detriment of the Consumer only occurs if Avica has already fully rendered its service, the Consumer is in default with at least one past due installment for at least six weeks, and Avica has unsuccessfully reminded the Consumer under setting of a grace period of at least two weeks with explicit warning of the acceleration clause pursuant to § 14 KSchG.

(5) Prohibition of Offsetting:

Towards Entrepreneurs (B2B): The Customer shall not have a right of set-off. The prohibition of set-off is expressly agreed.

Towards Consumers (B2C): The Consumer has the right of set-off only in the event of Avica's insolvency or for counterclaims that are legally connected to the Consumer's obligation, which have been legally established by a court of law or expressly recognized by Avica pursuant to § 6 para 1 no 8 KSchG.

For all contracts configured as continuing obligations, a value stabilization of the fees is agreed. The Consumer Price Index (CPI) published monthly by the federal agency Statistics Austria, or a successor index replacing it, shall serve as the basis for calculating value changes.

Towards Entrepreneurs (B2B): Avica is entitled to adjust the prices once a year in accordance with the cumulative change in the CPI. A decrease in the index shall not lead to an automatic price reduction.

Towards Consumers (B2C): The value stabilization is agreed as bilateral pursuant to § 6 para 1 no 5 KSchG. The fees adjust upon a change in the CPI both upwards (increase) and downwards (decrease). The index number of the month in which the contract was concluded serves as the starting basis. Price adjustments may be carried out at most once a year.

All delivered goods, digital products, software licenses, media productions, and concepts remain the unrestricted property of Avica until full payment of all claims arising from the ongoing business relationship (including all interest and auxiliary costs). Pledging, transfer by way of security, or resale prior to full payment is prohibited for the Customer. In the event of third-party seizures, the Customer must immediately point out Avica's ownership and notify Avica in writing.

(1) Towards Entrepreneurs (B2B):

The warranty period is six months from delivery or performance of services.

The presumption rule of § 924 ABGB is expressly excluded. The existence of a defect at the time of handover must be proven exclusively by the Customer.

Duty to inspect and report defects (§ 377 UGB): The Customer must thoroughly inspect delivered goods or rendered services immediately, but at the latest within eight business days of handover. Obvious defects must be reported in writing or by email within this period, describing and documenting the defect in detail (notice of defects). Hidden defects must be reported within eight business days of discovery. If a notice of defects is not raised or not raised in time, the goods or services shall be deemed approved; the assertion of warranty, damages claims (including for the defect itself), and error claims is excluded in this case.

The special right of recourse pursuant to § 933b ABGB is excluded.

The remedy of defects shall be carried carried out at Avica's option by correction or replacement.

(2) Towards Consumers (B2C): The statutory warranty provisions of the Allgemeines Bürgerliches Gesetzbuch (ABGB) and the Consumer Warranty Act (VGG) shall apply. The warranty period is two years for movable goods and digital services.

(1) Towards Entrepreneurs (B2B):

Avica shall be liable exclusively for damages caused by intentional or grossly negligent behavior of Avica, its corporate bodies, or its vicarious agents.

Liability for slight negligence, lost profits (loss of income), consequential damages, pure economic losses, damages due to business interruptions, data loss, as well as damages to third parties is expressly excluded.

The injured Customer bears the burden of proof for the existence of gross negligence or intent.

Claims for damages shall expire within six months of knowledge of the damage and the damaging party.

Liability Cap: Avica's liability is strictly limited in amount per damaging event to the net order value of the specific individual order.

(2) Towards Consumers (B2C): Avica's liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury or to damage to items accepted for processing pursuant to § 6 para 1 no 9 KSchG.

(3) Product Liability: Recourse claims of Customers (Entrepreneurs) against Avica under the Product Liability Act (PHG) are excluded, unless the party entitled to recourse proves that the defect was caused in Avica's sphere and was at least grossly negligent.

(1) Avica processes personal data of the Customer (in particular master data, payment data, contract data) strictly confidentially and in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG), and the Telecommunications Act (TKG). Detailed information is available in the privacy policy at https://avica.at/en/datenschutz.

(2) Electronic Mail for Advertising Purposes (Email Marketing):

Consent-based Dispatch: Insofar as the Customer has expressly consented, Avica is entitled to transmit electronic mail (email, SMS, messenger messages) for advertising purposes to the provided contact details.

Existing Customer Exception (§ 174 para 4 TKG 2021): If Avica has received the electronic mail address in connection with the sale of goods or services, Avica may use this address for direct marketing of its own similar products, unless the Customer objected to this at the time of collection or at any time thereafter. The Customer can revoke consent at any time free of charge via the unsubscribe link at the end of each email or by messaging Avica via https://avica.at/en#contact.

(1) The substantive law of the Republic of Austria shall apply exclusively, to the exclusion of its conflict-of-law rules (in particular the IPRG and the Rome Regulations) and to the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers (B2C), this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the Consumer has their habitual residence is not withdrawn.

(2) The place of performance for all deliveries, services, and payments is the registered office of Avica in 1190 Vienna. For services rendered digitally or by means of distance communication, the place of performance is also the registered office of Avica.

(3) Jurisdiction:

Towards Entrepreneurs (B2B): The court with local and subject-matter jurisdiction for 1190 Vienna is agreed as the exclusive place of jurisdiction for all disputes, differences of opinion, or claims arising out of or in connection with contracts between Avica and the Customer (depending on the dispute value, the District Court for Commercial Matters Vienna or the Commercial Court Vienna).

Towards Consumers (B2C): The statutory place of jurisdiction pursuant to § 14 KSchG shall apply. Accordingly, a lawsuit against the Consumer can only be brought at their residence, habitual abode, or place of employment.

(1) Towards Entrepreneurs (B2B):

In the event of all disputes, differences of opinion, or claims arising out of or in connection with the contractual relationship existing between Avica and the Customer (including its validity, breach, dissolution, or nullity), the parties agree on a temporary covenant not to sue (pactum de non petendo) as a mandatory prerequisite for litigation.

The parties irrevocably undertake to conduct a structured conciliation procedure by way of mediation under the Civil Law Mediation Act (ZivMediatG) before resorting to ordinary courts.

For this purpose, a mediator registered in the list of the Federal Ministry of Justice shall be selected by mutual agreement. If no agreement on the mediator is reached within 14 days of the written request for mediation, the mediator shall be bindingly nominated by the President of the Vienna Bar Association upon application of either party.

The parties undertake to participate in the mediation sessions in good faith. The costs of the mediator shall be borne by the parties in advance in equal parts (50% each), without prejudice to a deviating decision on costs in any subsequent court proceedings.

Only when the mediation is declared in writing to have failed by a party or the mediator, or if no agreement could be reached after the first joint mediation session, shall the ordinary legal path be open to the parties. The initiation of the mediation procedure suspends the limitation period for claims pursuant to § 22 ZivMediatG.

(2) Towards Consumers (B2C):

In the event of disputes with Consumers, Avica is always interested in an amicable, transparent, and quick agreement. Avica offers the Consumer, in the event of differences of opinion, a conciliation procedure by way of mediation by a registered mediator (ZivMediatG), which is voluntary and free of charge for the Consumer.

Participation in this procedure is completely voluntary for the Consumer. The Consumer is free to reject this offer at any time and seek the ordinary legal path to the state courts directly. The statutory right of the Consumer to appeal to the ordinary courts is at no time restricted, hindered, or delayed by this clause pursuant to § 6 para 1 no 15 KSchG.

Avica also points out the European Commission's platform for Online Dispute Resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr. Avica is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Alternative Dispute Resolution Act (AStG).

(1) All contract-related notifications, statements, changes, amendments, or the consensual cancellation of the contract require the written form to be legally effective.

(2) Within the framework of the chosen form, the parties expressly agree that transmitting declarations by email (text form) fully satisfies the written form requirement. This also applies to waiving this written form requirement itself.

(3) The Customer is obliged to notify Avica immediately in writing or by email of any changes to their business address, residential address, or email address. If the Customer fails to do so, legally relevant declarations by Avica shall be deemed to have been legally received if they were sent to the address or email address last officially and demonstrably notified by the Customer.

(1) Should individual provisions of these GTC be or become invalid, void, or unenforceable in whole or in part, this shall not affect the validity and effectiveness of the remaining provisions. In place of the invalid provision, a replacement provision corresponding to or at least coming close to the purpose of the agreement shall apply, such as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision.

(2) Towards Entrepreneurs (B2B): In the event of partial invalidity or a gap in regulations, the parties undertake to replace the invalid, void, or unenforceable provision without delay with a valid and enforceable regulation that comes closest to the economic purpose and the recognizable intent of the original provision.

(3) Towards Consumers (B2C): The statutory provisions of Austrian law (in particular the ABGB, KSchG, and VGG) shall automatically replace the invalid, unenforceable, or non-transparent provision. A hypothetical gap-filling by judicial contract interpretation to the detriment of the Consumer shall explicitly not take place.

If Avica does not explicitly assert rights under this contract—even repeatedly, consistently, or over a longer period of time—or does not insist on the strict and timely performance of an obligation of the Customer, this shall explicitly not be deemed a conclusive or tacit waiver of these rights or claims. A waiver by silence or estoppel within the meaning of § 863 ABGB is hereby excluded. Avica remains entitled at any time to demand exact and punctual compliance with all contractual duties and obligations of the Customer.

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitatio ad offerendum.

(2) By clicking the order button, the Customer submits a binding purchase offer. Immediately after sending the order, the Customer receives an automated confirmation of receipt by email. This explicitly does not constitute an acceptance of the purchase offer. A binding contract is only concluded when Avica accepts the Customer's offer by sending a separate order or shipping confirmation by email, or actually dispatches the goods. The contract language is German.

(1) Color and Product Deviations: Minor, technically and photographically caused deviations of the items in the original from the representations in the online shop (e.g., color nuances, textured surfaces) do not constitute a defect.

(2) Mystery Boxes: When purchasing so-called "Mystery Boxes", the Customer acquires a surprise package. The products shown in the shop are mere examples. The boxes are assembled from the range at Avica's sole discretion. Dissatisfaction with the content explicitly does not justify a material defect and, without prejudice to the statutory right of withdrawal for Consumers, does not grant any warranty or damages claims.

(3) Transfer of Risk and Transport:

Towards Entrepreneurs (B2B): The risk of accidental loss and accidental deterioration passes to the Customer as soon as Avica has handed over the goods to the forwarder, carrier, or other company or person designated to carry out the shipment, pursuant to § 429 ABGB. Insofaras logistical services or transports are rendered for Entrepreneurs, the General Austrian Speditions Conditions (AÖSp) are additionally agreed to apply.

Towards Consumers (B2C): The risk passes only when the goods are delivered to the Consumer or to a third party designated by them (who is not the carrier) (§ 7b KSchG). If the Consumer has concluded the contract of carriage themselves without using a choice option proposed by Avica, the risk passes upon handover to the carrier.

(1) Consumers have the statutory right to withdraw from a contract concluded at a distance or outside of business premises within 14 days without giving reasons (pursuant to § 11 FAGG). In the case of purchase contracts, the period begins on the day on which the Consumer (or a third party designated by them) has taken possession of the goods.

(2) Exercising the Right of Withdrawal: To exercise the right of withdrawal, the Consumer must inform Avica of the decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or a message via https://avica.at/en#contact). To meet the deadline, it is sufficient to send the statement before the expiry of the 14-day period.

(3) Consequences of Withdrawal:

If the Consumer withdraws from the contract, Avica shall refund all payments received (with the exception of additional costs resulting from the Consumer choosing a type of delivery other than the cheapest standard delivery) without delay and at the latest within 14 days from the day on which the notification of withdrawal was received. Avica can refuse reimbursement until it has received the goods back or the Consumer has provided proof of having sent the goods back.

Return Costs: The Customer bears the direct costs of returning the goods. Carriage forward (unfree) returns will not be accepted.

Compensation for Value: The Consumer only has to pay for any loss of value of the goods if this loss of value is due to handling of them that is not necessary for checking the condition, properties, and functionality of the goods.

(1) The precise scope of services results from the written service description in the agency contract, the offer, or the order confirmation of Avica. Within the specified framework, Avica enjoys full design and creative freedom.

(2) Cooperation Duties of the Customer: The Customer is obliged to provide Avica immediately, in a timely manner, and fully with all information, texts, data, logos, graphics, and videos required for rendering the service. The Customer bears any additional effort and delays resulting from incorrect, incomplete, or subsequently changed information.

(3) Rights Clearing and Indemnification: The Customer explicitly guarantees that all materials provided by them are free of third-party rights and do not infringe any copyrights, trademarks, licensing, or personal rights. Avica has no duty of inspection. If Avica is held liable by third parties due to such a legal infringement, the Customer must hold Avica fully harmless and indemnify it and reimburse all costs of legal defense.

(4) Acceptance and Fiction of Approval: All services of Avica must be inspected and released by the Customer within three business days of receipt. If the Customer does not voice any justified written objections within this period, the services shall be deemed approved and accepted.

(1) If the Customer invites Avica in advance to create a concept or strategy, the parties enter into a contractual relationship (a so-called "pitching contract") by virtue of the invitation and acceptance of the invitation.

(2) The concept, in its linguistic, strategic, and graphic parts, is subject to the protection of the Austrian Copyright Act (UrhG). Any use, further processing, or disclosure to third parties without the express written consent of Avica is prohibited for the Customer. Protection also extends to advertising and process-relevant ideas, slogans, and workflows that do not reach the threshold of originality but give the structure a characteristic imprint.

(3) If the Customer economically exploits the creative ideas presented during the pitch outside of a subsequent main contract, they undertake to pay Avica an appropriate compensation (cancellation fee) plus statutory VAT. If the Customer wishes to argue that the idea was already known to them prior to the presentation, they must prove this to Avica within 14 days of the presentation by email, providing dated evidence (reversal of the burden of proof).

(1) Unless expressly agreed otherwise, all copyrights, trademark rights, and other intellectual property rights to the rendered services, such as software, web designs, source codes, graphics, video, image, and sound material, remain the property of Avica.

(2) Only upon full payment of the agreed fee does the Customer acquire a non-exclusive, non-transferable, non-sublicensable, and temporally unlimited usage right in the form of a work usage authorization pursuant to § 24 UrhG to use the final work results for the internal purpose specifically defined in the contract. In the absence of an agreement to the contrary, usage is agreed to be spatially limited to Austria. The raw material, such as footage, unedited video files, RAW photos, and source codes, remains the exclusive property of Avica and will not be handed over to the Customer.

(3) Contractual Penalty: For any unlawful use, processing, transfer, or duplication of the copyrighted services to unauthorized third parties, the Customer shall be liable to pay a no-fault contractual penalty, subject to judicial mitigation, in the amount of twice the appropriate fee for such use. The right to assert additional damages exceeding this amount is expressly reserved.

(1) Avica is entitled at its sole discretion to perform the services itself or to make use of competent third parties as subcontractors. Insofaras Avica commissions necessary third-party services in the name and on account of the Customer, the respective contractors are not deemed vicarious agents of Avica.

(2) Avica is entitled to place a subtle reference to Avica's authorship, including a hyperlink to Avica's website, on all media productions and in the footer and imprint of created websites. The Customer is not entitled to any compensation for this. Avica may also list the Customer as a reference on its own promotional media, such as website and social media, using the Customer's name and company logo.

(1) In procuring and/or terminating internet domains, Avica acts merely as an intermediary in the relationship between the Customer and the respective domain registry. The contract is concluded directly between the Customer and the registry.

(2) Maintenance Services / Service Packages: Insofar as agreed in the maintenance package, minor text and graphic updates of up to three working hours per month are included. Unused working hours within a billing month expire without replacement at the end of the respective calendar month and cannot be carried over to the following month. Additional work exceeding this scope shall be billed according to actual effort at an hourly rate of EUR 120.- net (plus VAT).

(3) Term and Suspension: Hosting and maintenance contracts have a minimum term of six months and extend automatically by three months in each case, unless terminated in writing 14 calendar days prior to the end of the billing period. In the event of payment default by the Customer, Avica is entitled to block the hosting and deactivate the website; the Customer's payment obligation remains active during the suspension.

(1) Avica is entitled to terminate the service contract for good cause with immediate effect, in particular if the execution of the service becomes impossible for reasons for which the Customer is responsible, or if the Customer violates essential obligations, such as cooperation duties or payment default, despite a written warning and setting of a 14-day grace period.

(2) Termination of Website Packages (monthly billing): If the Customer terminates a monthly-billed website package prematurely in relation to the regularly agreed contract duration of 36 months, they must pay a lump-sum compensation in the amount of 20% of the total cumulative fee until the regular end of the term (36 months) within 14 days of termination. The right to assert higher damages remains unaffected. After termination, the website is taken offline and the data is deleted.

(1) The provisions of this part apply to the rental for a fee of technical and electronic equipment, such as computers, IT infrastructure, film, photo, and studio technology, as well as the short-term rental of rooms and studios, such as photo studios, film studios, and seminar rooms, by Avica to the Customer.

(2) The rental period begins with the handover of the rental object (or handover to the carrier) and ends with the full and proper return at the registered office of Avica. An early return does not reduce the agreed rent.

(3) Avica is entitled to demand a reasonable security deposit before handing over the equipment or rooms. The deposit is refunded interest-free after proper return, provided there are no damages or shortages.

(1) The Customer is obliged to treat the rental equipment and the rented rooms gently, professionally, and have them used exclusively by qualified personnel. Compliance with the applicable house rules as well as official and fire safety regulations must be strictly observed. Under-renting or transferring to third parties is prohibited.

(2) Immediate Duty to Inspect: The Customer must inspect the equipment or rooms immediately upon handover for completeness and functionality. Subsequent notices of defects will not be recognized.

(3) Liability for Damage: The Customer is liable during the entire rental period for any damage to the rental object or the rooms caused by themselves, their employees, visitors, or third parties, e.g., in the event of glass breakage, overvoltage damage, moisture damage, inventory damage, as well as loss and theft. In the event of loss or total loss of equipment, the replacement value of the new device must be reimbursed.

(4) Late Return: In the event of late return of equipment, Avica is entitled to bill a usage fee in the amount of the regular daily rental rate for each commenced day of delay. Any exceeding claims for damages, e.g., due to loss of subsequent orders, are explicitly reserved.

For the cancellation of the rental of studios, rooms, or properties by the Customer, the following cancellation fees are agreed:

Up to 30 days before the agreed rental date: free cancellation is possible.

29 to 14 days before the rental date: 50% of the agreed rent is due as a cancellation fee.

Less than 14 days before the rental date or in the event of a no-show: 100% of the agreed rent becomes due as a cancellation fee.

(1) Registration for events, seminars, or training sessions can be done online, by email, or in writing, and is binding for the Customer. The contract is concluded upon dispatch of the confirmation by Avica. Participation fees must be paid in advance. Without full payment before the start of the event, Avica may refuse admission; the payment obligation of the Customer remains active.

(2) Cancellation by Avica: Avica reserves the right to cancel events for important reasons (e.g., illness of the speaker, force majeure, failure to reach the minimum number of participants). Fees already paid will be refunded. Exceeding claims, such as reimbursement of hotel or travel costs, are excluded, unless the cancellation is caused by Avica's gross negligence or intent.

(3) Cancellation Conditions for Participants (Exclusively B2B):

Up to 14 days before the start of the event: free cancellation is possible.

13 to 7 days before the start of the event: 50% of the participation fee is due.

Less than 7 days before the start of the event or in the event of a no-show: 100% of the participation fee will be charged as a cancellation fee.

The nomination of a qualified replacement participant is permitted at any time free of charge.

(1) Conclusion of Contract via Online Form: By completing the multi-step booking form on davidstefanov.com, selecting a requested date, and subsequently clicking the confirmation button "Reserve Strategic Mentoring" or "Strategische Session reservieren" (or similar), the Customer submits a binding offer to conclude a mentoring contract. The contract is only concluded upon dispatch of a booking and order confirmation by email by Avica.

(2) Fee and Billing Cycle: The standard fee for Strategic Mentoring is EUR 120.- net (excl. VAT) for Entrepreneurs and EUR 144.- gross (incl. VAT) for Consumers, per 60 minutes. Billing is calculated down to the minute, with a minimum unit of 30 minutes pro rata; each commenced half hour is billed proportionally at EUR 60.- net.

(3) Binding Deposit (Reservation Fee): To successfully reserve a slot, the Customer is obliged to pay a deposit in the amount of 50% of the fee for a standard hour via online payment provider directly upon online booking. The appointment is only confirmed in the system after successful receipt of this deposit. The remaining balance for the mentoring time actually consumed will be invoiced after the session and is due immediately upon invoicing.

(1) Strategic Mentoring is operated purely as an exclusive appointment-based practice. A free cancellation or rescheduling of the agreed appointment by the Customer is permitted up to a maximum of 48 hours before the appointment in writing by message via https://davidstefanov.com/de#contact or https://avica.at/de#contact.

(2) In the event of a cancellation, postponement, or rescheduling less than 48 hours before the appointment or in the event of unexcused absence of the Customer, the deposit paid (EUR 60.-) is forfeited in its entirety. This deposit is retained by Avica as a lump-sum cancellation fee in the sense of a forfeit money (Reuegeld) pursuant to § 909 ABGB. If the Customer arrives late for the appointment, there is no right to an extension; the missed time is forfeited at the expense of the Customer and will be fully billed.

(1) Consumers generally have a 14-day statutory right of withdrawal in distance selling transactions (FAGG).

(2) Consent to Immediate Execution: If the Consumer requests that the booked Strategic Mentoring takes place before the expiry of the 14-day statutory withdrawal period, e.g., in the case of short-term bookings, the Consumer will be informed in writing after receipt of the booking request. The Consumer must consent to the premature expiry of the right of withdrawal in writing; without this written consent of the Consumer, the Strategic Mentoring cannot take place before the expiry of the 14-day statutory withdrawal period.

(3) Premature Expiry of the Right of Withdrawal (§ 18 para 1 no 1 FAGG): The Consumer explicitly acknowledges and agrees that their statutory right of withdrawal expires prematurely as soon as the service (the booked Strategic Mentoring) has been fully rendered. If the mentoring session was conducted at the agreed time, a subsequent withdrawal or refund of the deposit or fee is legally excluded.