1.1 mything GmbH (hereinafter referred to in short as "mything") operates on its website mything.com a platform to connect international designers of digital 2D and 3D designs, local manufacturers of 2D or 3D products and buyers of these products (the platform will also be referred to in short hereinafter as "mything.com"). The present General Terms of Business ("GTB") comprise a framework agreement between you and mything about the use of the platform mything.com and the use of the services of mything. They apply in their corresponding current version for all present and future services of mything. Furthermore, these GTB form the legal basis for contractual agreements between the manufacturer and the customer.
1.2 The validity of other general contractual terms is excluded in all cases, even if mything does not explicitly contradict such terms.
2 GENERAL PROVISIONS
2.1 You must register via mything.com in order to make use of mything.com as a manufacturer or designer. To use mything.com as a customer, it is possible to register, but not absolutely necessary. After you have completed the registration process, a user profile will be created for you. Persons under the age of 18 are not entitled to register as manufacturer and to make use of mything.com as such. The use of mything.com as a designer or customer is permitted for natural persons age 16 or older.
2.2 Designers and customers who use the mything.com platform must be at least 16 years of age. To ensure this is the case, mything ascertains the dates of birth of designers and customers. For manufacturers, this verification takes place in the course of the procedure described in point 6.3.3 below.
2.3 In the event that in its contacts with banks and financial institutions (“obligors”) when handling payments mything acts as trustee as defined by the Financial Markets and Money Laundering Act of the Federal Republic of Austria (FM-GwG) in relation to its manufacturers and designers, mything is obliged to inform the obligor of this trusteeship and the terms thereof. In such cases mything is obliged to ascertain and to verify the identity of the truster in keeping with the "know your customer" principle. If the truster is a natural person, such ascertainment and verification of the truster’s identity shall be by means of presentation of the original or of a copy of the truster’s official photographic identification. In the case of legal persons, it shall be by means of presentation of probative documentation (§ 6 Section 3 of the FM-GwG). Consequently, manufacturers and designers are obliged to provide the requisite documentation during registration and such provision is a sine qua non for entering into a business relationship.
2.4 Compliance with and implementation of the money laundering provisions are set out in the money laundering policy of mything.
2.5 After activating your user profile, you enter into an unrestricted contractual relationship with us. You agree to our GTB by registering for the use of mything.com and confirm that you have read and understood them. You can read, save and print the current GTB at mything.com at any time. If you are making use of mything.com as a customer without registering, you agree to the GTB for the individual order that you have placed.
2.6 mything.com reserves the right to modify the GTB. In this case, we will inform you in a suitable manner. For the further use of mything.com (with the exception of previously concluded orders) you must agree to the modified GTB.
3 THE USE OF MYTHING.COM
3.1 You can use mything.com as a customer, a designer or a manufacturer. As a customer, you are entitled to use mything.com to acquire 2D or 3D products (hereinafter referred to as the "product" or the "products") from a manufacturer. As a designer, you are entitled to provide your 2D or 3D designs (hereinafter referred to as the "design" or the "designs") via mything.com for the purpose of manufacturing products. As a manufacturer, you are entitled to offer the products manufactured by you via mything.com and to sell them to customers.
3.2 You conclude the agreement of usage during the course of your registration. You can use one, any two or even all three usage types. Designers and manufacturers have the possibility of becoming active as customers. In such cases, the provisions of point 6.1 apply for them. In order to become active as a manufacturer and designer at the same time it is currently necessary to register separately for each usage type.
3.3 Depending on the respective usage type, the corresponding provisions of point 6.1 (customer) and/or 6.2 (designer) and/or 6.3 (manufacturer) of these GTB (also) apply to you. Irrespective of the usage type, all provisions of these GTB shall apply. However, you confirm irrespective of the selected usage type, that you have read the GTB and understood them. You can therefore not make any recourse to failing knowledge of the provisions of other usage types that you have not selected yourself.
3.4 mything is entitled to offer services on mything.com as a designer and/or manufacturer. Insofar, the rules and obligations defined under point 6.2 (as designer) and point 6.3 (as manufacturer) also apply for mything. Further, mything reserves the right to offer products under the mything brand through other sales channels.
3.5 On mything.com the internal messaging system ISM (in system messaging) is used for communication between all four parties: customer, designer, manufacturer and mything. The communication channel email may also be used.
4 COLLECTION AND PROCESSING OF PERSONAL DATA
4.1 Treating your personal data responsibly is very important to us. This data protection declaration explains to users the methods, scope and purpose of obtaining and using person-related data by mything GmbH (Karmeliterplatz 4, 8010 Graz, Austria -> Use the following link to contact us: https://www.mything.com/de/help/contact/)
4.2 When you visit our website, our web servers temporarily save data relating to your visit and data necessary for the function of our user interfaces and the processing of your query. Specifically, this is your computer’s connection data (IP address), the sub-pages you visit on our site, the date and duration of your visit, identification of the type of device used, the operating system used, the browser and the website or starting point from which you are visiting us. For more information, please read our data protection policy (https://www.mything.com/help/privacy/).
4.3 Furthermore, we only process data that you yourself provide when
a. You register with us as a designer, manufacturer and/or customer
b. you place an order
c. you send an inquiry to us or a designer, customer and/or manufacturer
d. it is necessary to process your orders
Further, we reserve the right to check this information subsequently at any time if there are specific grounds for suspecting unlawful use.
Further, we reserve the right to
a. check submitted designs, edit them and forward them to you for approval
b. check public profile entries (manufacturers and designers), edit them and forward them to you for approval
4.4 This collection of data is not subject to any legal obligation to register. We collect and process this data only to the extent that it serves the professional processing of your order and customer relations. In addition, we process anonymised information about visitors’ use of our user interfaces; this helps to improve the services we offer and the functions on our websites and to adapt them to your requirements. For more information, please read our data protection policy (https://www.mything.com/help/privacy/).
5 USE AND FORWARDING OF PERSONAL DATA
5.1 It is a matter of principle with us to treat your data as confidential and not to make them available to third parties. We nevertheless reserve the right to have data processed by service providers outside the head offices of mything GmbH (Karmeliterplatz 4, 8010 Graz, Austria) for the purposes of processing your orders. In such cases, the requisite data protection will be guaranteed by observance of currently valid data protection legislation in the EU and the overseas country in question and by contractual obligations to this effect entered into by mything and our service providers.
6 USAGE TYPES OF MYTHING.COM
6.1 Usage of mything.com as a customer
6.1.1 As a customer on mything.com, you can view and accept the offers provided by various manufacturers for the manufacture of products based on available designs.
6.1.2 mthing acts toward customers solely as an intermediary of a work contract for the manufacture of a product with the manufacturer. mything is therefore not a contractual partner of the work contract between the customer and the manufacturer. mything itself is never in contact with the manufactured products of the manufacturer and therefore does not examine them for defects, freedom from errors or secure execution or compliance with legal regulations. mything therefore does not assume any liability for any defects or damages, arising to one or more contractual parties in connection with the conclusion, execution or completion of this work contract or use of the product. Likewise, mything shall not assume any liability for the lawfulness, accuracy or completeness of the product description or its warnings provided by the designer. Notwithstanding, mything assumes that all products procured via mything.com are for decorative purposes only.
6.1.3 The use of mything.com is free of charge for the customer. mything shall only charge a fee to the manufacturer.
6.1.4 Prices shall be indicated to the customer in the currency chosen by him. When the manufacturer accepts the offer to produce the item(s) the corresponding sum in euro will be paid into the escrow account at the exchange rate valid on the day of the transfer.
6.1.5 The customer can choose one of two methods of payment: PayPal or selected credit cards.
6.1.6 Once the manufacturer has accepted the order, mything supplies him with the relevant customer data. If the order is to be shipped, mything informs the manufacturer of the recipient's name and address. If the item is to be collected, the manufacturer is given the recipient's name and the billing address for the invoice. In exceptional cases mything may also provide the manufacturer with the customer's email address and telephone number. The manufacturer shall issue an invoice directly to the customer - either electronically or in paper form.
6.1.7 Gift vouchers from mything for customers covering a certain amount of money, as well as discount vouchers, can be redeemed on mything.com for the respectively defined duration. In accordance with the amount of the respective gift or discount voucher, mything shall pay, on behalf of the customer, the work fee (less the design charge and the fee) to the manufacturer. A cash payment or subsequent redemption on previous orders is not possible. If no agreement is concluded between the manufacturer and the customer or if it is subsequently canceled, this shall have no effect on the duration of the validity of the redeemed gift or discount vouchers, in particular their duration shall not be extended. The combination of several vouchers is not possible. The redemption of discount vouchers (e.g. within the framework of advertising promotions) on marked price-reduced products is not possible.
6.1.8 The customer as well as mything may terminate the contractual relationship without specification of reasons with a period of notice of 2 (two) weeks prior to the desired date of termination (ordinary termination). If the customer requires the aid of mything to settle orders placed prior to the date of termination, after the termination, the customer is entitled and obligated to make further use of mything.com to the required extent and mything shall grant him access to mything.com to the corresponding extent. Following the date of termination however, the customer is no longer entitled to make use of mything.com for new orders.
6.1.9 The right of the contractual parties to terminate the contractual relationship for good cause (extraordinary termination) shall remain unaffected by point 6.1.8. For entrepreneurs: Good cause for extraordinary termination is in particular, but not exclusively, the violation of fundamental provisions of these GTB as well as the opposition of the changed GTB in accordance with point 2.4 of these GTB.
6.2 Usage of mything.com as a designer
6.2.1 The designer can upload and offer the design or designs he has created and for which he has the corresponding rights, for the manufacture of products.
6.2.2 However, mything is entitled to reject the upload or the provision of designs by the designer on mything.com for the manufacturer of products at any time and without specification of reasons. The designer therefore has no entitlement to upload or offer certain designs on mything.com for the manufacture of products. In addition, in the absence of any explicit agreement in writing to the contrary, the designer has no right that the designs provided by him are shown at a certain position or a certain priority on mything.com (e.g. as first search result when entering a certain search term).
6.2.3 The designer is obligated to comply with the requirements and specifications for designs published on mything.com. mything is entitled to monitor the compliance of these requirements and specifications during the upload as well as afterwards and to remove any designs that do not or no longer comply with the requirements and specifications on mything.com. This also applies if specifications and requirements have been changed retroactively. For the approval for the provision of the design on mything.com, mything can, if necessary, suggest changes to the designer, which the designer either makes him/herself or can have mything do so.
6.2.4 The designer guarantees that the design can be printed with the methods and materials specified by him/her, that the selected wall thicknesses, reinforcements and other structural features can be printed, and that the product is suitably stable for its corresponding purpose. The designer shall also guarantee that the design has no sharp edges, tips or other dangerous structural features (e.g. small parts that can be swallowed), if this is not necessary or purposeful for the concrete purpose of use. If the design has sharp edges, tips or other dangerous structural features, the designer must provide a corresponding warning in accordance with the respective applicable legal provision on mything.com. mything is entitled to examine, supplement and correct the warning. The manufacturer is also entitled to check, supplement and correct the warning, and to (also) supply a paper-based information sheet inside or on the packaging of the product. In this case, the manufacturer is entitled to refuse the manufacture of this product.
6.2.5 If the designer is a resident of the European Union, he must state during registration whether he is an entrepreneur in the sense of applicable sales tax law and whether he reports taxable income generated via mything.com in line with legal regulations. If this is the case, he must state their VAT ID or comparable identification number in mything.com.
6.2.6 As soon as the designer has uploaded and provided a design on mything.com, he grants mything a non-exclusive, locally unrestricted and royalty-free license to publish any depictions, such as in particular graphics or photographs on mything.com depicting the respective product to be manufactured on the basis of the respective design. This includes the right to make royalty-free use of the design, to photograph it, to distribute it and to publish it with whatever means and in whatever media, in particular for advertising purposes.
6.2.7 As long as a designer has provided a design on mything.com, mything shall be entitled to procure a license in acc. with this point 6.2.7 and to provide it at all times to any manufacturer for the manufacture of a product, if a customer would like to have a product manufactured on the basis of this design and has placed a corresponding order. With the acceptance of an order from a customer by a manufacturer, mything acquires at the same time in its own name and without any special declaration from the designer the non-exclusive, locally unrestricted license to manufacture and sell products on the basis of the design uploaded by the designer in the amount ordered by the customer. If, within the provision of the design on mything.com, the designer also allows for the processing or personalization of the design by the customer (the type and manner of the permitted processing is selected by the designer directly on mything.com; e.g. overprints, engraving, colors, material, size, volume, etc.), he grants mything with the acceptance of the order through the manufacturer also the non-exclusive, locally unrestricted license for processing the design in accordance with the order.
6.2.8 In addition, mything is entitled to store and to use a design provided by the designer irrespective of the duration of the license agreement (in particular when ending the license in acc. with the points 6.2.12. and 6.2.13. or closing the designer's account, also in acc. with the points 6.2.12. and 6.2.13.) for the duration of the period in which the manufacturer could require the design in order to meet obligations in terms of the fulfillment of warranty, damages claims or other claims. Likewise, mything is entitled to repeatedly make the design available to the manufacturer in such a case, in order to enable or facilitate the fulfillment of the aforementioned claims.
6.2.9 For granting the aforementioned license(s) the designer is entitled to a license fee per order product (the "license fee") from mything, the amount of which the designer chooses within the course of the provision on mything.com. If the transaction between the manufacturer and customer - for whatever reason - fails to come about or is terminated retroactively or becomes ineffective, the respective licenses is revoked and so is the entitlement of the license fee, and the designer must pay back any license fees that he has already received.
6.2.10 The designer can enter the license fee in any of the currencies listed on mything. If a currency other than the euro is selected, mything records the sum at the euro exchange rate valid on the day in question. The amount will be recorded in euro and will not be adjusted to any exchange rate fluctuations. If a currency other than the euro is selected, payment of the license fee is made in euro at the exchange rate valid on the day on which it was recorded or on the day of the last modification to the license fee. The designer can change his license fee and replace the existing sum with a new one. The new data is used for new enquiries from the moment of saving the new data.
6.2.11 mything is entitled to assign corresponding sub-licenses to manufacturers in order to enable the settlement of orders via the platform as well as the manufacture of products by the manufacturer. It is pointed out that the designer is not in a contractual relationship with the manufacturer.
6.2.12 The designer may terminate the provision of the license in accordance with point 6.2.7. for individual or all provided designs at any time without specification of reasons by giving 6 (six) months notice at the last day of each month. In this case, the affected designs will be automatically removed from mything.com on the day of the termination of the license. Until then, the granted license shall be maintained, in particular for previously ordered products, in accordance with point 6.2.7. The same periods of notice apply when the designer elects to close his account taking into consideration the granting of rights as described in 6.2.7.
6.2.13 Both mything and the designer have the right to immediately terminate the license for individual or all designs for good cause (extraordinary termination). Such extraordinary termination does not affect orders already placed and the manufacture and payment of such orders shall proceed in acc. with point 7 as planned. Good cause is, in particular but not exclusively, the violation of fundamental provisions of these GTB or the discontinuation of a product category, to which the provided design is assigned, by mything through mything. For entrepreneurs: Good cause for extraordinary termination also involves the opposition of the changed GTB. mything is entitled and obligated to immediately remove the design from mything.com.
6.2.14 The designer guarantees toward both mything and the manufacturer that the designs and elements thereof provided on mything.com as well as all work results in connection with this (incl. all related content and information, texts, graphics, graphical and conceptual designs, images, layouts, ideas, designs, concepts, plans, any documentation) are not encumbered with third-party rights. In particular, the designer guarantees that the commercial use or commercial sale of his designs on mything.com and the manufacture of products on the basis of his designs does not violate any third-party patent, trademark, intellectual property rights or any other industrial property rights and that he is entitled to use the provided designs for the purposes and conditions defined in this GTB.
6.2.15 If mything is requested to remove any designs provided by the designer (be it from third parties or by another designer or manufacturer), mything is entitled to immediately remove the respective design from mything.com. The new provision of the design on mything.com in this case requires the explicit approval by mything. Should a designer, manufacturer or third party suspect a copyright violation, notice may be given to mything on email@example.com.
6.2.16 In the event that the designer violates point 6.2.14., he is obligated to fully indemnify the manufacturer, the customer and mything for all resulting damages or other financial or immaterial disadvantages.
6.3 Usage of mything.com as a manufacturer
6.3.1 The manufacturer is entitled to offer and execute the manufacture of products on the basis of the designs that are provided by designers on mything.com and are sub-licensed by mything as manufacturer (point 6.2.11.). mything acts solely as an intermediary of a work contract between the manufacturer and the customer, but is not a contractual partner.
6.3.2 When choosing a product, the customer selects either collection from the manufacturer at the latter's premises or shipment, providing the manufacturer offers both options. If collection is chosen, the manufacturer is obligated to keep the product for up to 3 months after notification was sent to the customer via the in system messaging service (see point 3.5) that the item is ready for collection.
6.3.3 The use of mything.com as a manufacturer is only permitted to entrepreneurs. By registering as manufacturer, the manufacturer confirms that he is an entrepreneur in the sense of § 1 of the Austrian Commercial Code as well as an entrepreneur in the sense of the correspondingly applicable sales tax law. Upon registering, the manufacturer must state their VAT ID or a comparable identification number. The manufacturer is liable toward mything for all disadvantages arising for mything as a result of incorrect information.
6.3.4 The manufacturer is responsible for complying with the legal provisions that apply to him as an entrepreneur. This applies in particular to consumer protection laws of the European Union and the Republic of Austria as well as any applicable legal and fiscal provisions. mything shall assume no liability toward the manufacturer, the customer or any third parties for the legally compliant settlement and taxation of the work contract concluded between the manufacturer and the customer.
6.3.5 mything shows the customer the manufacturers for the provided designs, who state that they can manufacture the designs viewed by the customer on mything.com, in a certain order. The manufacturer has no right to claim a certain position (e.g. the first position) in this order; rather, it is at the discretion of mything to determine the sequence.
6.3.7 The manufacturer may contact the customer and the designer as described in point 3.5. The manufacturer undertakes to reply to any inquiries sent to him by the customer within 1 (one) working day.
6.3.8 For the supply and arrangement of a design and the provision of the platform, mything shall charge a separately agreed (e.g. directly via mything) fee to the manufacturer. This fee, as well as the license fee of the design plus a commission for mything (= together the "design fee") are deducted from the work fee and will be retained by mything when paying the work fee to the manufacturer. mything shall provide the manufacturer with a legally compliant invoice via mything.com in electronic form.
6.3.9 The manufacturer can enter various parameters used to calculate the price of manufacture himself.
6.3.10 The manufacturer can enter the sums on which calculation of the price is based in any currency from those listed on mything. If a currency other than the euro has been chosen, mything records the sum at the euro exchange rate valid on the day in question. The amount will be recorded in euro and will not be adjusted to any exchange rate fluctuations. If a currency other than the euro is selected, payment is made in euro at the exchange rate valid on the day on which it was recorded or on the day of the last modification. The manufacturer can change the sums used as parameters and replace the existing sums with new ones. The new figures will be used to answer all inquiries as soon as they have been saved.
6.3.11 The manufacturer and mything explicitly agree that mything shall not be liable for the error-free and defect-free condition of the design or the orderly manufacture, secure execution or for any other features of the design and the product. Any claims in this regard of the manufacturer toward mything, in particular in terms of warranty and damages are explicitly ruled out. The manufacturer shall assume sole responsibility, in particular toward the customer, for the error-free condition and safety of the product. If a customer or other third party successfully makes any claims toward mything in connection with a work contract arranged via mything.com for the manufacture of a product (e.g. restrain and/or damages) – irrespective on which legal basis – the manufacturer shall fully indemnify mything in this respect.
6.3.12 Both mything and the manufacturer may terminate their contractual relationship in accordance with point 6.3. of these GTB at any time without specification of reasons by giving 3 (three) months' notice in writing on the last day of each month. In this case, the manufacturer will be automatically removed from mything.com on the day the contractual relationship is terminated. Access to mything.com however must be granted to the manufacturer to complete previously made orders with customers, as well as for the case in which, following the settlement of an order, the customer asserts warranty, damage or other claims from the work contract relationship toward the manufacturer and the manufacturer requires information saved on mything.com or the platform in order to defend his rights and assume his obligations.
6.3.13 Both mything and the manufacturer are entitled to terminate their contractual relationship in accordance with point 6.3. of these GTB for good cause with immediate effect. Good cause is in particular, but not exclusively, the violation of fundamental provisions of these GTB as well as the opposition of the changed GTB, the restriction of services of mything.com by mything, whereby manufacturing services of the type offered by the manufacturer are generally no longer offered, or if the conduct of the manufacturer leads to a noticeable and considerable dissatisfaction among customers of mything (e.g. repeated criticism on social media platforms, e.g. due to faulty deliveries, unfriendliness, poor customer service, etc.), mything is, in the event of a termination for good cause, entitled and obligated to remove the manufacturer as a provider of products from mything.com. Such extraordinary termination does not affect orders already placed and the manufacture and payment of such orders shall proceed in acc. with point 7 as planned.
7 SETTLEMENT OF PAYMENTS
7.1 When placing the order, the customer is obligated to pay for products ordered on mything.com at the defined work fee ("price"), whereby the payment amount is first credited to an own bank account set up for the conclusion of the contract ("settlement account"). If the customer pays with credit card or PayPal, a sum amounting to the work fee is reserved on his credit card account or PayPal account. In this case, the settlement account is credited only once the order has been accepted by the manufacturer.
7.2 If the selected manufacturer refuses the order, mything suggests a different manufacturer to the customer, if available - and if applicable under specification of changed conditions and contractual terms. If the customer agrees to the suggestion, the settlement account is credited, if needed, with a higher work fee with the payment of the customer or the difference amount is paid back to the customer in the event of a lower work fee. In the case of credit card or PayPal payments, the reserved amount is increased or reduced accordingly. If the customer rejects these suggestions or does not respond within 1 (one) week after the suggestion was made, the entire work fee will be paid back to the customer within 1 (one) further week or the reservation canceled.
7.3 Unless the customer submits a complaint within 1 (one) week after receipt of the product (point 8.1. by means of a written complaint to firstname.lastname@example.org), the manufacturer is irrevocably entitled to claim the payment of the work fee (less the design fee and the fee) to be paid to his bank account. The sum is transferred to the manufacturer by the 15th of the next month using the bank details entered in the manufacturer’s user account.
7.4 If collection was agreed but does not take place (collection option) the manufacturer is entitled to claim the payment 3 (three) weeks after the customer was first notified that the product is ready for collection at the manufacturer's premises. The sum is transferred to the manufacturer by the 15th of the next month using the bank details entered in the manufacturer’s user account.
7.5 If the product is not accepted (shipment option) the manufacturer is entitled to claim the payment 3 (three) weeks after confirmation of shipment. The sum is transferred to the manufacturer by the 15th of the next month using the bank details entered in the manufacturer’s user account.
7.6 The designer is entitled to claim payment of the license fee at the same time as the manufacturer. However, if the claim for payment or all open claims for payment amount to less than EUR 30.00, the total sum is not transferred to the manufacturer until all payment claims amount to at least EUR 30.00. This sum is transferred by the 15th of the next month using the bank details entered in the designer’s user account.
7.7 Transactions are done in euro as a general rule irrespective of the preferred currency chosen by the manufacturer or designer. In this regard, mything records the daily exchange rates of the currencies offered and supported on mything and converts the amounts due to euro wherever necessary on the basis of these exchange rates. If the manufacturer or designer has not indicated a receiving bank in Austria, mything pays the Austrian bank charges. The bank charges in the manufacturer's or designer's country shall be borne by the manufacturer or designer.
7.8 Manufacturer and designer are obligated to keep their account information up to date at all times. mything shall not assume any liability or other disadvantages resulting from incorrect transfers due to incorrect account information.
7.9 In the event of a timely complaint submitted in accordance with point 8.1, payment settlement shall be modified in accordance with the provisions of point 8.
8 AUTOMATED DISPUTE SETTLEMENT PROCEDURE
8.1 The customer may, if he has not received the ordered product within 3 (three) weeks from the acceptance of the order by the manufacturer or if the received product deviates considerably from the description on mything.com, submit a complaint via mything.com to the manufacturer within 1 (one) week of the receipt of the product. In this case, the transfer of the payment to the manufacturer, the designer and to mything is postponed for a period of 8 (eight) weeks. mything saves such correspondence for the purposes of transparency. The automated dispute settlement procedure starts through an email from the customer to email@example.com.
8.2 In the complaint, the customer must indicate that he has not received the product and desires subsequent delivery, or he must exactly specify the respective defect. For this purpose, he must specify in which points the product deviates from the ordered product. The customer must upload at least one descriptive photo of the received product to mything.com for the manufacturer on which the asserted defect can be ascertained. In addition, the customer must indicate which type of remedy he desires from the manufacturer (repair, exchange, termination of the agreement or a price discount).
8.3 The complaint executed in this manner is automatically transferred to the manufacturer from mything.com. The manufacturer has 1 (one) week’s time (if applicable, plus the period of time of the postal route), in the event that the
a. customer has indicated that he did not receive the product and desires subsequent delivery, (i) to effect subsequent delivery and to transfer proof of the performed delivery of the product or (ii) to provide evidence of the previous delivery;
b. in the event that the customer indicates that the delivered product considerably deviates from the description on mything.com, (i) to fully comply with the complaint of the customer, (ii) to submit a counter-proposal for the remedy of the defect or (iii) to entirely refuse to remedy the defect. In any case, the manufacturer is obligated to submit a comprehensible justification.
8.4 In the case of point 8.3. lit b), mything shall, upon the request of the manufacturer or customer, examine both declarations and photos of the product and submit a non-binding solution suggestion to the contractual parties. Neither the manufacturer nor the customer are obligated to accept the suggestion. It merely represents the subjective view of mything concerning the product in question and does not claim to be complete or accurate. Any liability by mything concerning the accuracy, completeness and consistency of the non-binding solution suggestion is ruled out.
8.5 If the manufacturer does not respond within 1 (one) week in the sense of point 8.3., the work contract shall be deemed as dissolved and shall be reversed. The customer is repaid the amount deposited in the settlement account in the currency of payment. The manufacturer must assume the costs for the return shipment, if he so desires. This must be explicitly declared via mything.com to the customer.
8.6 If the manufacturer has accepted the complaint of the customer, he is obligated to subsequent deliver or to remedy the defect within 1 (one) week (if applicable, plus the period of time of the postal route) following submission of the corresponding declaration. The customer in turn can report within 1 (one) further week on mything.com, whether the manufacturer has performed subsequent delivery or remedied the defect. If the manufacturer fails to comply with this agreement within 1 (one) week (if applicable, plus the period of time of the postal route), the customer can report this within 2 (two) further weeks from the manufacturer's acceptance to remedy the defect via mything.com. In this case, the work fee deposited on the settlement account is paid back to the customer and the automated dispute settlement procedure is terminated.
8.7 If the manufacturer has submitted a counter-proposal or has rejected the complaint entirely, the customer must state within 2 (two) weeks whether he accepts or declines the procedure of the manufacturer. If the customer does not respond within 2 (two) weeks to the counter-proposal of the manufacturer, it shall be deemed as accepted by the customer.
a. If the customer has accepted the counter-proposal, the manufacturer is obligated to implement the counter-proposal submitted by him [unless otherwise agreed within 1 (one) week (if applicable, adding the period of time of the postal route)]. The customer in turn can report within 1 (one) further week on mything.com, whether the manufacturer has performed subsequent delivery or remedied the defect. If the manufacturer fails to comply with this agreement, the customer can report this within 2 (two) further weeks from the manufacturer's acceptance to remedy the defect via mything.com. In this case, the work fee deposited on the settlement account is paid back to the customer and the automated dispute settlement procedure is terminated.
b. If the customer agrees to the full rejection of the complaint, the transfer of the payment shall be performed in accordance with point 7.
c. If the customer neither agrees to the counter-proposal nor the full rejection, the work fee deposited on the settlement account shall be paid back to the customer and the automated dispute settlement procedure shall be terminated.
8.8 The automated dispute settlement procedure is not an arbitration process; in particular, the termination of the automated dispute settlement procedures does not prevent the contractual parties from seeking legal assistance to assert their claims and interests.
9.1 The legally and contractually compliant use of your user profile is your sole responsibility. mything shall assume no liability for any damages or other disadvantages you incur from the unauthorized use or misuse of your user profile. Do not disclose your access data to others and inform us if you have reason to believe that third parties have gained knowledge of your access data.
9.2 For entrepreneurs: You are liable toward mything as well as customers and/or designers and/or manufacturers for all activities performed through the unauthorized use or misuse of your user profile.
9.3 mything is entitled to assume that the information you have provided is correct. You guarantee and ensure that all information provided by you in connection with mything.com, incl. your registration data and fiscal data, is complete and correct and current in every respect. Each contractual party shall fully indemnify the other contractual parties in this respect. This obligation and liability shall apply in particular for the compliance of the respectively applicable fiscal regulations. You shall be liable toward mything and the other contractual parties for all damages and costs resulting from the violation of these agreements and guarantees.
9.4 If you violate applicable European or national law or these GTB within the framework of the use of mything.com, mything shall be entitled to dissolve the contractual relationship with you with immediate effect. mything also explicitly reserves the right to terminate the contractual relationship in the event that mything is required to do so by state authorities and bodies. In the event of such a termination, you have no rights whatsoever to assert claims for damages or costs. In such cases the contract will be dissolved and all sums transferred shall be reimbursed.
9.5 Unless required by applicable legal requirements, mything shall not assume any liability for the content made publically accessible by customers, designers or manufacturers on mything.com; this includes in particular but not exclusively, reviews, comments, photos, renderings and other images and content.
9.6 mything points out that damages may occur when accessing or using data as a result of viruses, malware or the like. Absolute security is not even ensured with the use of firewall systems, etc. Each contractual party therefore acknowledges that mything shall not assume any liability for disadvantages resulting from bypassed or deactivated firewall systems or other damages that cannot be prevented to the extent that mything has not acted with gross negligence. mything shall not assume any liability whatsoever for lost profits and consequential damages, such as in particular for the loss of information and/or data. Liability toward consumers within the framework of mandatory legal provisions shall remain unaffected by this provision.
9.7 mything assumes no liability in terms of securing access to mything.com from your corresponding location. In particular, mything reserves the right, without prior announcement and at its own discretion, to restrict access to mything.com in certain countries or regions without specification of reasons.
10 COPYRIGHT, OTHER PROPERTY RIGHTS
Unless otherwise specified in these GTB, no provision of this contract entitles any contractual parties any rights in terms of the intellectual property rights of the other contractual parties. All copyrights and other industrial property rights or other rights for protectable objects shall remain the sole intellectual property of the respective owner.
11 APPLICABLE LAW AND PLACE OF JURISDICTION
11.1 Solely Austrian material law applies to the contractual relationship between mything and the manufacturer, mything and the designer as well as mything and the customer with the exclusion of references to international law and the UN Convention on Contracts for the International Sale of Goods.
11.2 For all disputes arising from the contractual relationship between mything and the manufacturer, mything and the designer, as well as mything and the customer, including the issue as to whether a valid contract has been brought about and whether it has an effect before conclusion and after termination, shall - unless otherwise required by mandatory law - be subject solely to the exclusive jurisdiction of the competent court for the first district of Graz. In the event that mandatory law does not allow for the agreement of the exclusive jurisdiction of Graz, - unless otherwise required by mandatory law - the non-exclusive jurisdiction of the competent court for the first district of Graz shall be agreed.
12.1 Declarations of legal significance, other declarations or announcements by mything to the manufacturer, designer or customer may take place at the discretion of mything by letter or e-mail to the most recently known address or e-mail address of the corresponding recipient. Declarations of legal significance, other declarations or announcements of the manufacturer, the designer or customer to mything shall only be made to the address or e-mail address known on mything.com at the time of the submission of the declaration or announcement or via the electronic message system on mything.com.
12.2 The non-assertion or implementation of the rights of mything in these GTB under no circumstances comprises a waiver or deferral of these or future rights.
12.3 Compliance with all deadlines specified in these GTB are, unless otherwise specifically specified or the deadline adherence takes place directly via the messaging system on mything.com or by e-mail, shall be reckoned from the date of sending (date of postmark). Punctuality of the issue of declarations in accordance with these GTB, unless otherwise explicitly specified, is deemed to be sufficient if submitted to postal services within the deadline period. In the case of the transmission or declarations via mything.com or e-mails, the date of transmission shall apply as such.
12.4 Only the German version of the GTB shall be binding. Its translation into English is merely for the purpose of information.
12.5 For entrepreneurs: Should a provision of this agreement be or become ineffective or unfeasible, or should this agreement contain gaps, this shall not affect the effectiveness of the remaining provisions of this agreement. In the place of the ineffective or unfeasible provision, a provision shall be deemed effective that the contractual parties would have agreed if they had been aware of the ineffectiveness, unfeasibility or non-existence of the effective provision upon concluding the agreement.
12.6 Changes and supplements to this agreement must be made in writing to be deemed effective. This shall also apply for changes of this formal requirement. The written form in these GTB can be understood as letters, e-mails as well as electronic announcements on mything.com.
ANNEX 1: FRAMEWORK CONDITIONS FOR THE WORK CONTRACT BETWEEN THE MANUFACTURER AND THE CUSTOMER
If a contract is concluded between the manufacturer and the customer about the manufacture and delivery of a product, the following provisions shall apply in all cases. These are to be understood as "minimum requirements" and may not be changed by the contractual parties to the disadvantage of the customer.
The offers of the manufacturer on mything.com are non-binding. Only the order of a product by the customer is to be understood as a binding offer to the manufacturer. Once the order of a customer has been received by the manufacturer, the manufacture shall state within the response period stated on mything.com (see FAQ – https://www.mything.com/help/faq/ “How long do I have to accept an order?”) whether he can manufacture the ordered product. In this case, he shall send a corresponding declaration to the customer via the messaging system on mything.com concerning the acceptance of the offer. If he declines the offer of the customer or does not respond within the response period stated on mything.com, no contract shall be concluded between the manufacturer and the customer. Neither the manufacturer nor the customer can assert any claims from this circumstance.
If the order is accepted by the manufacturer, a work contract is concluded between the manufacturer and the customer, to which the manufacturer commits himself to produce the product selected by the customer, within the delivery period specified by the manufacturer on mything.com.
The customer in turn is obligated to pay the agreed work fee. Payment settlement and payment conditions are based on point 7 of these GTB. The agreed work fee shall be exclusively in Euro incl. any legally applicable sales tax. All fees and taxes (in particular all due sales taxes) shall be calculated on the basis of the respectively applicable legal situation. Any subsequent taxes or duties imposed by tax authorities for the work performed by the manufacturer shall be assumed by the contractual party that has rendered the taxable service.
If the manufacturer determines, after accepting the offer, that he is not able to manufacture the ordered product, he may withdraw from the contract with explicit reference to this situation. In this case, he must reimburse the customer for any damages or disadvantage resulting from this, with the exception of lost profits and consequential damages, if no minor negligence can be attributed to him.
As soon as the product is finished, the manufacturer shall notify the customer of this via mything.com and, depending on the selection made by the customer in mything.com, either make it available for collection or dispatch.
Via mything.com, the manufacturer can arrange for dispatch with the customer by a shipping service to be selected by the manufacturer or the collection of the product. If shipment is selected, the manufacturer can charge the previously announced shipping costs to the customer.
The manufacturer will issue an invoice to the customer, which complies with the applicable provisions of sales tax law.
Unless specifically specified otherwise by the designer and/or manufacturer, it shall be deemed as agreed that the ordered product shall only serve decorative purposes. The manufacturer shall assume no liability for any damages or other disadvantages resulting from other use.
The customer agrees that the product is a product that has been manufactured in accordance with his specifications (material, size, color and the like) and that he has no right of withdrawal in accordance with § 11 Abs 1 FAGG (exemption clause § 18 para. 1 Z 3 FAGG).
Austrian material law applies - to the extent applicable - to the contractual relation-ship between the manufacturer and the customer with the exclusion of references to international law and the UN Convention on Contracts for the International Sale of Goods.
Annex 2: Money laundering policy
mything GmbH undertakes to adhere to the terms of the Financial Markets and Money Laundering Act of the Federal Republic of Austria (Finanzmarkt-Geldwäschegesetz, FM-GwG) relating to money laundering in order to prevent any misuse of the mything portal for the purposes of money laundering.
Payment transactions for the internet portal "www.mything.com" are handled by mything GmbH in cooperation with payment service providers.
In the event that in its contacts with payment service providers mything acts as trustee as defined by the FM-GwG in relation to its manufacturers and designers, mything is obliged to abide by the provisions relating to money laundering applicable to trustees, to ascertain and verify the identity of the trusters, i.e. its business partners, according to the “know-your-customer” principle and to inform the payment service providers of this trusteeship and the terms thereof.
Following conclusion of a transaction, customers of the internet portal "www.mything.com" transfer the full invoice amount to mything via a licensed payment service provider who pays the outstanding amount into mything's settlement account in accordance with the terms of the settlement cycles agreed in the acquiring agreement concluded. Responsibility for managing delivery to customers of items manufactured rests exclusively with mything. In the event that no delivery takes place, mything will refund the authorized sum in full.
2. MONEY LAUNDERING CHECKS
On receipt of a customer's payment, mything GmbH carries out a pattern detection in which orders are examined for frequency and irregularities in order to guarantee that the orders are genuine and that customers are not misusing the portal for the purposes of money laundering.
3. ASCERTAINMENT OF IDENTITY
If the truster is a natural person, ascertainment and verification of the truster's identity shall be by means of presentation of the original or of a copy of the truster's official photographic identification. In the case of legal persons, it shall be by means of presentation of probative documentation as defined in § 6 Section 3, FM-GwG, or by inspection of electronic registers by mything GmbH.
mything GmbH declares to the payment service providers that it has verified the truster's identity to its own satisfaction either in person or through the offices of a trustworthy warrantor (authority, notary, lawyer).
4. TRAINING OF PERSONNEL
mything GmbH regularly trains its personnel in the implementation and adherence to stipulations pertaining to money laundering.
5. RETENTION PERIOD
mything GmbH will keep documents and information that it has obtained for the purposes of fulfilling its duty of care towards customers for a period of five years following termination of business relations with the customer or following conclusion of an isolated transaction.
Further, transaction documents and records necessary for establishing transactions will also be kept for a period of five years following termination of business relations with the customer
Following expiry of this retention period, all personal data will be deleted in accordance with the General Data Protection Regulation