1. Scope of Application

These General Terms and Conditions ("GTC") apply to all agreements entered into between Auerbach Transformation Consulting Ltd., Austrian Branch, Schumanngasse 21, 1180 Vienna, Austria (hereinafter referred to as "we", "us" or "our") and customers (hereinafter referred to as "you" or "your") via the Autracon online platform (the "Website") for the preparation of Anti-Money Laundering ("AML") reports.

These GTC form an integral part of all agreements concluded with customers through the Website, as well as any other legally binding declarations made in connection with such business relationships.

 

2. Conflicting Terms

Any terms and conditions that deviate from or supplement these GTC shall only apply if we have expressly accepted them in writing.

 

3. Non-Binding Offer and Acceptance

By submitting a request through the Website, you make a binding offer to enter into a contract. We are entitled to accept this offer within 30 days.

A contract shall only come into existence once we have expressly accepted your offer. An automatic acknowledgement confirming receipt of your request does not constitute acceptance of your offer.

 

4. Subject Matter of the Agreement

We, or third-party service providers acting on our behalf, prepare Anti-Money Laundering (AML) due diligence reports based on simplified customer due diligence procedures.

The reports are prepared on the basis of information provided by users (prospective purchasers or other individuals, hereinafter referred to as the "Users") and their consent to the collection, storage and processing of their personal data.

Completed reports are provided to you electronically in PDF format.

 

5. Formation of the Contract

The presentation of services on our Website does not constitute a legally binding offer but rather an invitation to submit an order.

To place an order, click the "Confirm" button. You will then be asked to enter your personal information and select your preferred payment method. Before submitting your order, you will have the opportunity to review and amend your details.

By clicking the "Book" button, you submit a binding order for the services contained in your shopping cart.

You will receive an automated email confirming receipt of your order. This email does not constitute acceptance of your order. The contract is concluded only once we send you a separate email containing our invoice.

 

6. Right of Withdrawal

If you are a consumer, you have the statutory right to withdraw from this contract within fourteen (14) days without giving any reason, in accordance with the Austrian Consumer Protection Act (KSchG) and the Austrian Distance and Off-Premises Contracts Act (FAGG).

The withdrawal period expires fourteen (14) days after the date on which the contract is concluded.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of a clear statement (for example, by letter or email). No particular form is required. To meet the withdrawal deadline, it is sufficient that you send your notification before the withdrawal period has expired.

You may use the statutory model withdrawal form, although its use is not mandatory.

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and, in any event, no later than fourteen (14) days from the day on which we receive your notice of withdrawal. Reimbursement will be made using the same payment method that you used for the original transaction, unless expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.

If an AML report that you have commissioned is delivered to you during the withdrawal period, your statutory right of withdrawal shall expire.

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7. Prices and Payment Terms

All prices displayed on our Website are exclusive of statutory value added tax (VAT), unless stated otherwise.

Payment must be made by credit card and is due immediately upon conclusion of the contract.

In the event of late payment, we are entitled to charge default interest at a rate of 4% per annum. We also reserve the right to suspend performance of our services or withdraw from the contract until payment has been received.

If the name of the credit card holder differs from the name of the contracting customer, we reserve the right to reject the contractual offer within ten (10) days of its submission for this reason alone.

Regardless of any further claims for damages, you remain liable for payment of the full purchase price if payment by the third-party cardholder proves to be unauthorised, fraudulent, or otherwise fails to discharge your payment obligation.

 

8. Preparation and Delivery of AML Reports

Completed AML reports will be delivered electronically by email.

You are responsible for ensuring that you have the necessary technical equipment and a functioning internet connection to receive the reports. We accept no liability for technical disruptions or failures that are outside our reasonable control.

We will use reasonable efforts to prepare and deliver reports promptly. However, timely completion depends on the prompt provision of the required information by the relevant Users (for example, prospective purchasers). If, despite repeated requests, we are unable to obtain the information necessary to prepare a report, we will notify you within a reasonable period.

AML reports relate exclusively to natural persons. We do not prepare reports concerning legal entities or other organisations.

If it is not possible to prepare an AML report because the User fails to provide the required information or the necessary consent for the collection and processing of personal data, we will either:

• refund 50% of the purchase price (excluding VAT); or

• at your option, allow you to commission a replacement report at no additional cost.

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to force majeure events such as natural disasters, acts of terrorism, war, or similar extraordinary circumstances. In such cases, no claims for damages may be asserted against us.

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9. Liability

The preparation of AML reports is based, in part, on information provided by the relevant Users. Accordingly, we cannot accept any liability for the accuracy, completeness or timeliness of such information.

To the fullest extent permitted by applicable law, we shall not be liable for any indirect or consequential damages, loss of profit, pure economic loss, loss of interest, or claims asserted by or against third parties who are not parties to the contract.

Our liability, irrespective of the legal basis, shall be limited to cases of intent and gross negligence. To the extent permitted by law, liability for slight negligence is excluded.

We shall not be liable for any loss or damage resulting from your reliance on recommendations made by third parties, even where such third parties are referenced on our Website.

Our AML reports identify inconsistencies and potential money laundering risk indicators based on simplified customer due diligence procedures. Any findings, observations or recommendations contained in the reports are provided for informational purposes only and are not legally binding.

The decision whether to undertake any further investigation or action remains solely your responsibility. Compliance with all applicable statutory due diligence obligations remains your responsibility at all times. Our services do not constitute an outsourcing or delegation of your legal compliance obligations.

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with any contract shall in no event exceed the purchase price paid for the relevant report.

We do not warrant or guarantee that comparable services are not available from other providers at lower prices.

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10. Limitation Period for Claims

Unless a shorter statutory or contractual limitation or exclusion period applies, all claims arising out of or in connection with the contractual relationship shall become time-barred unless they are asserted before a competent court, or expressly acknowledged by us in writing, within one (1) year from the date on which the claimant became aware of both the damage and the identity of the liable party, or of the event giving rise to the claim.

 

11. Data Protection

We process personal data in accordance with our Privacy Policy and all applicable data protection laws and regulations.

Further information on the processing of personal data is available in our Privacy Policy.

Autracon and the Customer each act as independent data controllers within the meaning of Article 4(7) of the General Data Protection Regulation (GDPR).

 

12. Final Provisions, Governing Law and Jurisdiction

Alternative Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform, which is available at:

https://ec.europa.eu/consumers/odr/

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless required by applicable law.

Severability

If any provision of these GTC is held to be invalid, illegal or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or unenforceable provision with a valid provision that most closely reflects the economic purpose of the original provision.

Governing Law and Jurisdiction

The place of performance for all obligations arising from the contractual relationship shall be Vienna, Austria.

To the extent permitted by law, the courts having subject-matter jurisdiction in Vienna, Austria, shall have exclusive jurisdiction over all disputes arising out of or in connection with the contractual relationship.

These GTC and all contractual relationships between the parties shall be governed exclusively by the laws of the Republic of Austria, excluding its conflict of law rules.

In case of doubt, the German version of these GT&Cs will prevail.