Terms and Conditions (Digital Products)

1. Provider and scope

These Terms and Conditions apply to the purchase of digital products via the online shop at www.mitterbergerlab.com. The contracting party and provider is Claus Nisslmüller e.U. (trading as “Mitterberger:Lab”), Mitterbergerweg 6/EG/G02, 4040 Linz, Austria, VAT ID ATU83081317, company register no. FN 675809m (Regional Court Linz), email office@mitterbergerlab.at (the “provider”, “we”).

These terms apply to both consumers and businesses within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG). A “consumer” is a person who does not conclude the contract for the purpose of their commercial or self-employed professional activity; a “business” is a party for whom the transaction forms part of the operation of their enterprise.

Only these terms, in the version valid at the time of the order, apply. Any deviating or supplementary terms of the customer are hereby rejected; they become effective only if we expressly agree to them in writing.

2. Subject matter

The subject of the contract is the supply of digital content and services (e.g. templates, toolkits, documents, downloads) that are not supplied on a tangible medium. The specific scope, format and applicable licence follow from the product description on the relevant product page at the time of the order.

Certain technical requirements may be necessary for use (e.g. suitable software to open the file formats). These are stated in the product description where relevant.

3. Conclusion of contract

The presentation of products in the shop is not a binding offer but a non-binding invitation to submit an offer.

The ordering and payment process is handled via our payment provider Stripe. By completing payment (the “order with obligation to pay” button or equivalent) you make a binding offer to purchase the selected product. The contract is concluded upon our confirmation of payment or the provision of the product.

The contract text is not separately stored in a permanently public form after conclusion. You receive the essential contract data and access to the product by email. The contract language is German or English.

Before you place the binding order, the key product and price details are shown to you. You can identify and correct input errors before submitting, during the order and payment process (e.g. by navigating back or adjusting the details). We confirm receipt of your order without undue delay electronically by email (§ 10 ECG).

4. Prices and VAT

All prices are stated in euros and are final prices including statutory Austrian VAT (currently 20 %). The provider is registered for VAT (VAT ID ATU83081317).

For cross-border supplies to businesses with a valid VAT ID, the reverse-charge mechanism may apply. Any VAT statement follows the applicable tax rules and is reflected accordingly in the order process or on the invoice.

An invoice is provided electronically or sent by email.

5. Payment

Payment is processed via the payment provider Stripe (Stripe Payments Europe, Ltd.) using the payment methods offered during checkout. The purchase price is due for payment immediately upon conclusion of the contract.

Payment data is processed exclusively by Stripe; we do not store full payment-instrument data. Further details are set out in our Privacy Policy.

6. Supply of digital content

Digital products are provided immediately after confirmed payment. Access is granted via a secure, personalised and time-limited download link, which is additionally sent by email to the address provided during checkout.

Download access is valid by default for a limited period (usually 30 days) and a limited number of downloads. In the event of technical problems or expired access, a new access link can be requested via the “resend access” function or by email to office@mitterbergerlab.at.

The customer is responsible for backing up the downloaded files in good time.

7. Rights of use and licence

Upon full payment the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the purchased content in accordance with the applicable licence (e.g. Personal, Freelancer, Team, Enterprise) as stated in the product description.

Unless a licence expressly provides otherwise, it is in particular prohibited to share, publicly make available, resell, reproduce or modify the content or access links beyond the contractually granted use.

All copyright and other protective rights in the content remain with the provider or the respective rights holders.

8. Right of withdrawal for consumers

Consumers generally have a 14-day right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). Details and the model withdrawal form are set out in our Withdrawal Policy.

For digital content not supplied on a tangible medium, the right of withdrawal lapses early if the consumer has expressly consented to performance beginning before the end of the withdrawal period, has acknowledged that they thereby lose the right of withdrawal, and we have provided a confirmation of the contract (§ 18 para 1 no 11 FAGG). We obtain this consent and acknowledgment expressly during the order process.

For contracts concluded on or after 1 October 2026 we additionally provide an easily accessible online withdrawal function (“withdraw from contract”) pursuant to § 13a FAGG.

Businesses have no statutory right of withdrawal.

9. Warranty and conformity

The statutory warranty provisions apply. For consumers, the warranty for digital services is governed by the Austrian Consumer Warranty Act (VGG); we provide the digital content in conformity with the contract and any required updates to the extent provided by law.

In relation to businesses, the warranty provisions of the ABGB and UGB apply to the extent permitted by law.

For technical problems with provision or use we assist you at office@mitterbergerlab.at.

10. Liability

We are liable without limitation for damage arising from injury to life, body or health and for intent and gross negligence.

For slight negligence, liability towards businesses is excluded; towards consumers it is limited to the typical, foreseeable damage. Liability for lost profit, indirect and consequential damage is excluded towards businesses. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.

We are liable for the loss of data only to the extent that the customer has carried out proper, regular data backups.

11. Updates, versions and availability

Digital products may be provided in versions. A claim to free updates exists only where required by law (in particular under the VGG) or expressly promised in the product description. Prior purchasers retain access to the version active at the time of purchase within their access.

We strive for high availability of the shop and downloads but do not guarantee uninterrupted availability. In the event of disruptions, the “resend access” function and our support are available.

12. Data protection

Information on the processing of personal data in connection with the purchase of digital products – in particular payment processing, invoicing, provision and the processors used – can be found in our Privacy Policy.

13. Consumer dispute resolution

The Online Dispute Resolution (ODR) platform provided by the European Commission has been discontinued and is no longer operated since 20 July 2025. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Consumers may contact us directly at any time with questions or complaints at office@mitterbergerlab.at.

14. Applicable law and jurisdiction

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of their country of habitual residence.

For actions against consumers, the court in whose district the consumer has their domicile, habitual residence or place of employment has jurisdiction (§ 14 KSchG). For disputes with businesses, the court with subject-matter jurisdiction for 4040 Linz is agreed as the exclusive place of jurisdiction.

15. Final provisions

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. In relation to consumers, invalid provisions are replaced by the applicable statutory default rules.

Changes to these terms will be announced in good time; the version published at the time of the order applies to the individual contract.