1. Introduction

These Terms and Conditions apply to this website and to transactions relating to our products and services. You may be bound by additional agreements relating to your relationship with us or to products or services you receive from us. If any provisions of the additional agreements conflict with any provisions of these Terms and Conditions, the provisions of the additional agreements shall prevail.

2. Commitment

By registering, accessing, or otherwise using this website, you hereby agree to be bound by the terms and conditions set forth below. Use of this website implies knowledge and acceptance of these terms and conditions. In certain cases, we may also ask you to expressly agree to them.

3. Electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically or send you an email, and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement. This includes, but is not limited to, the requirement that such communications be in writing.

4. Intellectual property

We or our licensors own and control all copyrights and other intellectual property rights in the website and the data, information, and other resources displayed on or accessible through the website.

4.1 All rights reserved

Unless otherwise specified in certain content, you are not granted any license or other right under copyright, trademark, patent, or other intellectual property rights.  This means that you may not use, copy, reproduce, perform, display, distribute, embed in an electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize in any form without our prior written permission, except and only to the extent otherwise specified in the provisions of mandatory law (such as the right to quote).

5. Third-party property

Our website may contain hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites linked to from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. Opinions or materials expressed on these websites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these websites. You bear all risks associated with the use of these websites and related third-party services. We accept no responsibility for any loss or damage of any kind resulting from your disclosure of personal data to third parties.

6. Responsible use

By visiting our website, you agree to use it only for the purposes intended and permitted by these terms and conditions, additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, publish, or distribute material that consists of (or is linked to) malicious computer software. Use the data collected on our website for direct marketing activities or perform systematic or automated data collection activities on or in relation to our website.

Participation in activities that cause or may cause damage to the website or that impair the performance, availability, or accessibility of the website is strictly prohibited.

7. Submission of ideas

Do not submit any ideas, inventions, works of authorship, or other information that may be considered your intellectual property and that you wish to present to us, unless we have previously signed an intellectual property agreement or a confidentiality agreement. If you share this with us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in existing or future media.

8. Termination of use

We may, at our sole discretion, temporarily or permanently modify or discontinue access to the website or any service on it at any time. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuation of your access to or use of the website or any content you may have shared on the website. You are not entitled to compensation or other payment, even if certain features, settings, and/or content that you have contributed or rely on are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.

9. Warranties and liability

Nothing in this section limits or excludes any warranty implied by law that it would be unlawful to limit or exclude. This website and all content on the website are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranty of any kind with respect to the availability, accuracy, or completeness of the content. We do not warrant that:

• This website or our content will meet your requirements.
• This website will be available without interruption, in a timely manner, securely, or without errors.

Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you require advice, you should consult an appropriate professional.

The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability in relation to matters that would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for lost profits or revenue, loss or corruption of data, software, or database, or loss or corruption of property or data) incurred by you or any third party arising out of your access to or use of our website.

Unless expressly stated otherwise in an additional contract, our maximum liability to you for all damages arising from or in connection with the website or products and services marketed or sold through the website, regardless of the form of legal action imposing liability (whether contractual, equitable, negligence, wilful misconduct, tort or otherwise) is limited to the total price you have paid to us to purchase such products or services or to use the website. This limitation applies in total to all your claims, actions and causes of action of any kind and nature.

10. Privacy

In order to access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up to date.

11. Accessibility

We are committed to making the content we provide accessible to people with disabilities. If you have a disability/impairment and are unable to access part of our website because of it, please send us a message with a detailed description of the problem you are experiencing. If the problem is easy to identify and solve using industry-standard information technology tools and techniques, we will fix it immediately.

12. Export restrictions / Compliance with laws

Access to the website from areas or countries where the content or purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Austria.

13. Allocation

Without our prior written consent, you may not assign, transfer, or pass on your rights and/or obligations under these Terms and Conditions, either in whole or in part, to any third party. Any purported assignment in violation of this section shall be void.

14. Violations of these General Terms and Conditions

Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website and contacting your internet service provider to request that they block your access to the website and/or taking legal action against you.

15. Force majeure

Except for the obligation to pay, any delay, failure, or omission by a party in performing or complying with any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure, or omission arises from any cause beyond the reasonable control of such party.

16. Compensation

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and costs arising out of or in connection with your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses incurred by us in connection with or arising out of such claims.

17. Waiver

Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement or any part thereof, or the right thereafter to enforce any and every provision.

18. Language

These General Terms and Conditions shall be interpreted and construed exclusively in German. All communications and correspondence shall be written exclusively in this language.

19. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Adriana Lumpi-Spelt with respect to your use of this website.

20. Updating these General Terms and Conditions

We may update these Terms and Conditions from time to time. You are required to check these Terms and Conditions regularly for any changes or updates. The date indicated at the beginning of these Terms and Conditions is the last revision date. Changes to these Terms and Conditions will take effect as soon as such changes are posted on this website. Your continued use of this website after the publication of changes or updates shall be deemed to indicate your agreement to comply with and be bound by these Terms and Conditions.

21. Choice of law and place of jurisdiction

These General Terms and Conditions are governed by the laws of Austria. The courts of Austria shall have jurisdiction over all disputes arising in connection with these General Terms and Conditions. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision shall be amended, deleted, and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.

22. Contact information

This website is owned and operated by Adriana Lumpi-Spelt.

You can contact us regarding these terms and conditions in writing or by email at the following address: OFFICE@VILLA-ADRIANA.AT
Sonnbergstraße 24, 5700 Zell am See

23. Download

You can also download our Terms and Conditions as a PDF file.