1. Scope

These General Terms and Conditions (GTC) apply to all deliveries of goods made by PDG GmbH, (hereinafter referred to as “Act1”), Am Eisernen, Tor 11/2, 8010 Graz, Austria, on the basis of
Orders placed via distance selling, i.e. via the Act1 webshop and website, are subject to the terms and conditions applicable at the time of the respective order.

These Terms and Conditions apply exclusively to consumers (B2C) and to shipping within the EU. The prices valid at the time of the order apply.

Act1 reserves the right to change the content of this website/webshop at any time, but is not obligated to update any information on the website/webshop. Act1 makes no representations or warranties regarding the accessibility of the websites and webshop. Act1 is not responsible if the information provided on this site is not accurate, complete, or current.

By placing an order, the customer acknowledges these Terms and Conditions as well as the delivery and payment terms, which are an integral part of these Terms and Conditions and are published daily on the website www.act1.me. These terms and conditions apply to all contracts concluded by the customer via the Act1 websites. If the customer does not agree to these terms and conditions, they are not authorized to use the website or place orders.

The customer’s contractual terms and conditions as well as general terms and conditions are expressly rejected in their entirety.

Amendments or ancillary agreements must be in writing and confirmed by authorized representatives of Act1 registered in the commercial register to be valid and apply only to the individual business transaction. Other employees of Act1 are not authorized to make amendments or ancillary agreements to these Terms and Conditions.
agree.

Should individual provisions of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded under them. The contracting parties shall replace the invalid provision with a valid provision that most closely approximates its meaning and economic purpose.

The prerequisite for ordering products is that the person ordering products has full legal capacity. If this is not the case, the signature of the legal representative is required.

2. Conclusion of contract

Offers from Act1 are entirely subject to change. Orders from the customer are legally binding offers to which the customer is bound for 10 days. The contract is only concluded upon order confirmation or
Acceptance is concluded upon receipt of an invoice from Act1 or through dispatch, delivery, or performance. Separate notification of acceptance to the customer is not required.

Act1 is entitled to accept orders only in part.

An online order is only possible if all mandatory fields (fields marked with an asterisk) are completed. Before submitting the order, the customer receives a summary of the order contents, including prices, which they can then correct or confirm. Receipt of the order by Act1 is confirmed by an automatically sent email ("order confirmation"), but this does not constitute acceptance of the order. Messages are only received by Act1 during normal business hours (Monday to Friday from 9:00 a.m. to 4:00 p.m., excluding public holidays in Austria). Messages received on Act1's server outside of these hours are only considered received on the next business day.

The customer is aware that the Internet is not a secure communication medium and that data sent over the Internet may be accessed and altered by third parties. The customer bears the risk that data may not reach Act1 or may not reach Act1 in the form sent. Act1 may rely on the data being received in the form in which it is received.
Invoices will be sent electronically in PDF format to the customer at the email address provided during the order process. A copy of the invoice can also be sent by post to the desired billing address upon informal notification from the customer.
be sent.

Act1 reserves the right to refuse orders for legitimate reasons. Act1 may, at its sole discretion, limit purchase quantities per person, per household, or per order, particularly in
In the case of limited availability, the affected customer will be notified immediately and in writing by email of such circumstances.

3. Prices

The prices indicated are gross prices according to
the current price lists including the statutory Austrian
VAT, excluding delivery costs and any additional services,
Unless otherwise stated in the applicable price list
Delivery conditions are listed. For deliveries outside Austria
In addition, the applicable export and import duties apply.

The prices valid at the time of the order apply.

Act1 accepts the following payment methods:

· Credit card

· eps online transfer

· Instant bank transfer

In case of default of payment by the customer, Act1 or the respective Payment
Provider is entitled to charge default interest at the statutory rate as well as compensation
the necessary and appropriate reminder and collection costs
Act1 is entitled, in the event of default of payment by the customer,
to demand compound interest from the date of delivery of the goods.
Default of payment by the customer is Act1, without prejudice to the other respective
statutory provisions, subject to a reasonable grace period
entitled to withdraw from the contract concurrently. With regard to other
The possibility of withdrawal is based on the statutory provisions
referred to.

The goods remain the property of the customer until full payment has been made
from Act1. The customer is not entitled to make any claims against Act1
to offset.

The customer is not entitled to offset claims against Act1.

4. Delivery and delivery time

Act1 will ship the goods within 3 working days
In principle, at the customer’s expense, to the address specified by the customer when ordering
Act1 reserves the right to delay delivery in certain
cases free of charge. Further information on shipping costs
The customer can find the FAQ on the Act1 website. Upon delivery
the goods to the customer or a third party designated by him, the
Risk of loss or damage / deterioration of the goods
to the customer. The delivery method by mail or private
Delivery services are deemed to be approved. However, if the customer concludes
the contract of carriage, the risk of loss or
Damage to the goods already occurs when the goods are handed over to the
carrier to the customer.

Act1's delivery dates are non-binding.
Failure to comply with delivery dates entitles the customer to
then to assert the right of withdrawal/revocation if Act1
despite a written grace period of at least two weeks,
does not carry out delivery.

The delivery period is affected by circumstances beyond the control of the parties, such as
e.g. cases of force majeure, unforeseeable operational disruptions,
official interventions, transport and customs delays,
Transport damage, rejection of important production parts and
Labour disputes, extended by the duration of the hindrance.

As far as partial deliveries are possible, they are also legally
Each partial delivery is considered a separate transaction and can be cancelled by Act1
will be invoiced separately.

If the goods ordered by the customer cannot be delivered,
Act1 reserves the right to provide the customer with an equivalent product
Of course, the customer will be informed in writing in advance
The customer is free to accept this offer. If the customer does not wish to accept the offer, his original
An order.

E-books are delivered in PDF format after payment (purchase of the
Rights of use) by email to the address provided by the customer
Email address and are in the user account area under “orders”
downloadable. The ability to re-download e-books
represents a voluntary service from Act1, which can be terminated at any time
Act1 therefore reserves the right to refuse the possibility of re-
Data download of e-books at any time temporarily or permanently
to change, interrupt or discontinue and / or individual e-books
from the customer’s user account. This applies in particular to
There is an important reason for removing the e-book from the
User account, especially in the event of disputes about any
Infringements of rights arising from the content of the e-book. For clarification:
The possibility of deletion does not apply to e-books that are already on a
own storage location at the customer’s, e.g. his PC, laptop, etc.,
after the customer has downloaded it.

5. Terms of use and cancellation rights for e-books

Act1 does not grant the customer ownership of e-books. The customer
acquires a simple, non-transferable, before full payment
the license fee revocable right to use the offered title
for personal use. The content of an e-book may not be used by the
Customers may not change the content or editorial content.
may only copy or distribute e-books for your own personal use
have it copied by a third party for this purpose, provided that the third party
Copy made free of charge. Sharing e-books with third parties
(including friends, relatives, acquaintances, etc.) is only temporary
for the purpose of making such a copy; otherwise
disclosure is not permitted, as is their public
Making available or forwarding, their paid or
free posting on the Internet or other network media, whose
resale and/or any other kind of use of the
commercial purposes.

The right of withdrawal is excluded under the following conditions:

if the customer has expressly agreed to the start of the contract fulfilment before the expiry of the withdrawal period and

the customer has confirmed that he has taken note that he
by the premature commencement of the contract fulfilment his right of withdrawal
loses, and

if Act1 has provided the customer with confirmation of the contract.

The consumer has no right of withdrawal (right of revocation) for the
Delivery of data not stored on a physical data carrier
digital content if the entrepreneur – with express consent
of the consumer, together with his confirmation of knowledge
from the loss of the right of withdrawal (right of revocation) in case of premature
Beginning with the fulfilment of the contract and after provision of a
Copy or confirmation according to Section 7 Paragraph 3 FAGG – before the expiry of the
otherwise existing withdrawal period has begun with the delivery.

6. Warranty

Defects that occur must be reported by the customer – without any omission
adverse legal consequences – immediately, but
at the latest within one week from delivery of the goods or after
If defects become visible, in writing by post (address: PDG GmbH,
Am Eisernen, Tor 11/2, 8010 Graz), or email ( contact@act1.me )
In case of damaged shipments, the deliverer (post office,
DPD etc.) immediately, at the latest 3 days after receipt of the shipment,
to stop the damage assessment; if this is not done, Act1 must
Reject the claim settlement. In principle, the
The customer must report the damage.
within the EU depend on the respective national
Regulations of the place of delivery from the customer himself or from Act1
to carry out.

All instructions on the packaging and accompanying documents must be
For any application and/or handling that deviates from this
No liability is assumed for health-related aspects of any kind.
Art is always to consult a doctor.

Warranty claims for defects expire within the
statutory warranty period of 2 years from delivery or
Performance. In the case of legal defects, this period only begins when the defect becomes
of the defect.

In case of defects, the customer can choose between improvement
and exchange. Only if these two services are impossible or
are impractical, the customer can – in accordance with the statutory
Regulations – request a reasonable price reduction or conversion.
The customer is obliged to give Act1 the opportunity to improve.
If Act1 rectifies a defect, this will be done free of charge and expenses,
Act1 may require that the customer return the goods – as far as possible
is – returned at Act1’s risk and expense.

Assured properties of the goods are only those properties
which Act1 has expressly guaranteed in writing.
Act1 reserves the right to make changes to the product range; these do not constitute a defect
represents.

Act1 assumes no guarantee, responsibility or warranty
that the use of the website / webshop is uninterrupted,
timely, secure or error-free.

7. Consumers’ rights of withdrawal

Right of withdrawal for originally packaged, sealed and undamaged goods:

You have the right to return the delivered goods without giving any reason.
within a period of 14 days from the day on which the customer or
a third party designated by him, who is not the carrier, the last
have taken possession of the goods.
Timely dispatch is sufficient. The purchase contract is concluded upon receipt of the
Goods are effective upon approval by the customer, but no later than
Expiry of the return period (14 days). Silence shall be deemed
Approval.

Goods that are delivered sealed and for reasons of
Not suitable for return due to health protection or hygiene reasons
are, if their seal has been removed after delivery, are
expressly excluded from the right of withdrawal.

A cancellation form is permanently available on www.Act1.me
available for download; however, this is not necessarily
be used. A wording with the same meaning is sufficient.

According to § 18 FAGG, the customer has (among other exceptions) no right of withdrawal/cancellation in the case of

1. Goods which are liable to spoil quickly or whose expiration date would be quickly exceeded;

2. Goods which are delivered sealed and made of
For health protection or hygiene reasons,
are suitable for return, provided that their seal is broken after delivery
was removed;

3. Goods which, after delivery, have been inseparably mixed with other goods due to their nature.

If the customer cancels/withdraws from the contract, Act1
all payments received, including delivery costs (except
the additional costs resulting from the customer having a
other type of delivery than the cheapest one offered by Act1
standard delivery), immediately and at the latest within
fourteen days from the date on which the notification of the
Cancellation of the contract/withdrawal from the contract has been received. For this
For repayment, Act1 uses the same payment method that the customer used for
the original transaction, unless it was
expressly agreed otherwise. Under no circumstances will
Repayment fees will be charged. Act1 may refuse repayment,
until the goods have been returned or the customer has provided proof
that he has returned the goods, whichever is
the earlier time.

The customer must return the goods immediately and in any case no later than
within fourteen days from the day on which he Act1 about the
Cancellation/withdrawal, to PDG GmbH, or to
The return must be made exclusively via this link
A return label will then be automatically created.
The deadline is met if the customer returns the goods before the deadline expires.
fourteen days. The return costs are generally borne by the
Customer, whereby Act1 reserves the right in certain cases to
offer free returns. The customer is responsible for any
Loss of value of the goods only if this loss of value is due to a
handling of the goods which is not necessary to check their quality, properties and functioning. In the case of signs of use, damaged packaging, missing parts of the delivered goods and unpaid return costs, Act1 will
reasonable fee for use, including
Claim compensation for any resulting reduction in the fair value of the service.

8. Returns

Returns will only be accepted if they have been
expressly agreed with Act1, unless the customer exercises his
Right of withdrawal/revocation according to point 6 of these General Terms and Conditions.
Returns can only be made via this link
The risk of loss or
Damage to the goods during transport is the responsibility of the customer.
dispatch of the goods, unless he exercises his
Right of withdrawal/revocation according to point 6 of these Terms and Conditions. Act1
always covers the costs of return transport in the event of a warranty claim
according to point 5 of these Terms and Conditions; in case of revocation/withdrawal by the customer
According to point 6 of these Terms and Conditions, the customer generally bears the
Transport costs, whereby Act1 offers free returns in certain
cases.

9. Damages

Act1 assumes no liability for material and financial damages resulting from
whatever legal reason, in particular due to delay, impossibility of
Performance, positive breach of contract, fault in
Conclusion of contract, consequential damages, defects or due to unlawful
Acts which are the result of slight negligence by Act1 or
Persons for whom Act1 is responsible. In contracts with consumers, this exclusion of liability does not apply to damage to persons and to items taken over for processing. Customers,
who are entrepreneurs within the meaning of the Austrian Commercial Code (UGB) must prove the existence of gross negligence or intent.

The liability amount to be paid by Act1 is limited to twice the order amount.

10. Terms of payment

Invoices are due immediately and payable without deduction.
Upon receipt of payment by Act1, payment is deemed to have been made; this does not apply
for consumers who pay by bank transfer.
Verifiable issuance of the transfer order applies to consumers
as timely. The current delivery and payment terms are
Daily updates can be found on the homepage www.Act1.me.

For customers who are in arrears with payments or other services
Act1 is entitled – without prejudice to other rights – to
Deliveries until the agreed consideration is provided under
To retain the remaining delivery period or to
Expiry of a reasonable grace period to withdraw from the contract
and/or to claim damages for non-performance. In this case
The customer must return the delivered goods immediately at his own expense to
Act1. The assertion of claims for damages for
Depreciation, wear and tear, compensation for own transport costs and
Anything else remains reserved for Act1, whereby Act1, at its own
Contract cancellation/withdrawal is entitled to 20% of the price of the goods
to demand or retain as a minimum contractual penalty.

If the customer is in default of acceptance, Act1 is entitled to invoice the resulting costs.

In case of late payment, Act1 charges consumers interest on late payment
in the amount of 4% pa of the invoice amount owed from the due date of the
Invoice.

Reminder fees and default interest at the statutory rate will be charged from
1st reminder will be charged. If a 2nd reminder is required, all
future deliveries only against advance payment or cash on delivery.
If the second reminder is unsuccessful, the claim will be transferred to a
debt collection agency or a lawyer.

The customer undertakes to compensate for any breach of his contractual
Obligations, Act1 all necessary for the appropriate pursuit of the
Claims will be reimbursed for the costs incurred. Each reminder will be charged at € 5.00 and
Furthermore, for the maintenance of evidence of the debt relationship in the dunning process €
25.00 to be reimbursed by the customer. In addition, the
necessary for the appropriate legal action and in proportion to the
Claim reasonable costs of the debt collection agency up to the amount specified in the respective
current regulation on maximum fees in debt collection
Maximum fees and costs of lawyers under the
to replace the Lawyers’ Tariff Act.

In principle, the prohibition of set-off applies. The customer can only
In the event of insolvency of Act1 or with connected, undisputed
or legally established claims.

In case of unjustified deduction of discounts, shipping costs or other
Amounts paid by the customer, this outstanding amount will be transferred from Act1 to
Customer's costs will be charged.

For consumers, the terms and conditions applicable at the time of the order apply.
Delivery and payment conditions according to the “Price list for
consumers”.

11. Copyright

The use of texts, images, photos, layouts and other representations of the homepage www.Act1.me
and parts thereof requires the express prior written consent of
Consent of Act1. In particular, documents such as brochures, catalogs,
Samples, presentations and the like remain the intellectual property of
Act1. Any use, in particular distribution, reproduction,
Publication and provision including even just
Copying in part requires the express prior
written consent of Act1.

12. Third-party providers

If third-party links on this website or in this webshop
be used and the customer is redirected to third-party websites
which do not cooperate with Act1, these will be
This possibility has been carefully considered. Nevertheless, no liability can be assumed for
the examination or evaluation of the content or its accuracy
Act1 further assumes no liability or
Liability or responsibility for materials, websites or for other
Third-party materials, products, or services.

13. Data protection

Reference is made to Act1's separate privacy policy, which is available at www.Act1.me and will be made available to the customer at any time upon request.

14. Miscellaneous

Deliveries and declarations of intent are made until the written
Notification of another address is legally effective to the customer in
address (email, postal address) specified in the order. The customer is
obliged to provide the relevant information in the form when concluding the contract
The requested data must be provided completely and correctly. In the case of incorrect,
Incomplete and unclear information provided by the customer, the customer is liable for
all Act1 resulting costs and damages. The customer is
other liability for all resulting from the failure to notify
Act1 Changes to the name,
Address or change of residence immediately in writing
In case of failure to do so, any written
Notice sent to the customer’s last known address
is deemed to satisfy the requirements of effective service.

Any transfer of rights arising from the contract concluded with Act1 to third parties requires the written consent of Act1.

Applicable law, place of performance, place of jurisdiction:
Legal relationships between Act1 and its customers are exclusively
Austrian law, excluding its conflict of law rules and the
UN Sales Convention applies.

The place of payment and performance for all obligations arising from this contract is Graz.

The exclusive place of jurisdiction for all indirect or
directly arising from the contractual relationship with Act1
Disputes shall be settled by the competent court in Graz.
agreed.

For consumers within the meaning of the Consumer Protection Act, the place of jurisdiction for claims
Act1 against the consumer is only deemed to be agreed if the consumer
At the time of conclusion of the contract, his residence or his
has his habitual residence in Graz.

Should it prove that provisions in
these Terms and Conditions are invalid or inapplicable,
to adapt and interpret these provisions so that they are valid
and applicable and, as far as possible, reflect the intentions of these
Terms and Conditions. The remaining provisions remain unaffected.
remain unaffected and remain fully valid.

As of April 2023