General Terms and Conditions
WOTI World of Tomorrow Institute in the “WOTI” series
Status: October 2023
1.1 These General Terms and Conditions apply in particular to the “Mayority” webshop, which can be accessed at store.mayority-game.com, and to all contracts concluded between you in your capacity as an entrepreneur and Mayority. within the meaning of § 1 of the Consumer Protection Act, “KSchG” (in short “you” or “customer”) and WOTI – World of Tomorrow Institute GmbH, Hohe Warte 28/3, 1190 Vienna, Austria (in short “WOTI” or “we”), are concluded via this webshop or otherwise for the purpose of purchasing one of WOTI’s (digital) goods. You and WOTI may subsequently be referred to jointly as the “Parties”.
1.2 The Webshop is not aimed at consumers, and by placing an order through the Webshop you warrant that you are not a consumer and are not purchasing products from us as a consumer. These GTC do not apply to consumers.
1.3 Any general terms and conditions and other contractual conditions of the customer are expressly and completely excluded. This also applies in particular if (i) you have informed WOTI of such conditions, (ii) you have provided such terms to WOTI in any manner whatsoever, (iii) WOTI performs any services or obligations under the Individual Agreement with knowledge of such conditions; or (iv) your terms and conditions appear in order confirmations, delivery bills, invoices or other communications and have not been contested by WOTI.
1.4 WOTI is entitled to change these terms and conditions at any time and amended terms and conditions apply in the then valid version for future individual contracts.
1.5 WOTI reserves the right to change the content of the respective service offer at any time. All offers from WOTI (brochures, catalogs, price lists, web store, etc.) are subject to change and are to be understood as an invitation to the customer to submit an offer. When your order is received by WOTI, we will immediately confirm receipt of your order by email to the email address you have provided. However, the contract is not yet concluded. The contract is only concluded by WOTI’s acceptance of the order, either by sending an order confirmation by email, post or fax or directly by sending the ordered goods.
2.1 „Third parties“: aall legal or natural persons other than the parties (= customer and WOTI) and their direct employees, in particular employees.
2.2 „Written form“ or “in writing”: written form within the meaning of Section 886 of the General Civil Code (“ABGB”), whereby emails with a qualified digital signature do not fulfill a written form requirement.
2.3 „Property rights“: all registrable and unregistrable intellectual property rights, in particular under copyright, patent, design, utility model and/or trademark law, in particular trademark rights.
2.4 „Contract“ or “individual contract”: the individual contract that is concluded between you and WOTI for the purpose of purchasing a (digital) product, including all enclosures and documents and the like, which are expressly referred to in the contract.
3. Property rights & (copyright) retention of title
3.1 WOTI expressly reserves all property rights to the (digital) goods sold via the webshop to the greatest extent possible, insofar as this is permitted under mandatory law.
3.2 The parties shall inform each other immediately of any infringement and/or suspected and/or alleged infringement of a property right of which they become aware. The customer is obliged to warn WOTI immediately in writing if the customer recognizes that the goods violate or could violate third-party property rights.
3.3 If an infringement of third party rights in connection with the goods has actually been legally established, WOTI will implement an alternative technology at its own expense that is free of third party rights. With regard to such alternative technology, the requirements/specifications of the individual contract shall apply mutatis mutandis.
4. terms of payment, prohibition of set-off & (copyright) retention of title
4.1 All our invoices are due within 14 days of receipt, free of charges and without deduction/discount. In the event of late payment, the customer is obliged to reimburse WOTI for all reminder and collection costs incurred by the delay in payment for the appropriate legal action. WOTI reserves the right to assert higher damages caused by delay.
4.2 Offsetting against our claims with counterclaims of any kind whatsoever is excluded.
4.3 The goods shall remain our property until the purchase price and all associated costs and expenses have been paid in full. In this respect, a reservation of title under copyright law applies in particular. We reserve the right to block the use of the goods until full payment has been made if the goods have not been paid for (on time). Further claims by WOTI, in particular from the title of compensation, remain unaffected.
4.4 The statutory interest according to § 456 UGB shall apply.
5. Warranty & Liability
5.1 The warranty period is 6 months after receipt of the goods. In any case, you must prove the existence of a defect. A presumption of defectiveness is excluded.
5.2 The updating obligation pursuant to Section 7 of the German Consumer Guarantee Act (“VGG”) is excluded.
5.2 Otherwise, we provide a warranty in accordance with the statutory provisions; your obligation to give notice of defects (in particular in accordance with § 377 and § 378 UGB) remains unaffected. You must report any defects in writing within a reasonable period of time, whereby this period shall not exceed 14 calendar days.
5.3 Our liability for slight negligence is excluded in all cases, including loss of profit, except in the case of personal injury and in cases under the German Product Liability Act (“PHG”).
6. Final provisions (including choice of law and place of jurisdiction)
6.1 The non-exercise of rights and claims in a particular case does not prevent the party from exercising these rights in other cases; the – even repeated – non-exercise is in any case not to be regarded as a waiver.
6.2 Any rights and obligations arising from the individual contract may not be transferred to third parties without the prior written consent of WOTI.
6.3 Should any provision of these GTC be or become invalid, void, illegal or unenforceable, the validity of the remaining provisions of these GTC shall not be affected. In place of the invalid, void, unlawful or unenforceable provision(s), a provision shall be deemed to have been agreed which, as far as legally possible, comes closest to the intention of the parties and best corresponds in its economic effect to the invalid, void, unlawful or unenforceable provision(s).
6.4 Amendments and additions to the contract, including the waiver of the written form offer, must be made in writing to be effective.
6.5 In any case, Austrian law shall apply to the exclusion of the conflict of laws rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the competent court for the first district of Vienna, although WOTI remains entitled at any time to take the customer to any court that has subject-matter and local jurisdiction for the customer.