Deutsch | English


Right-holder of Austria’s New Football Star (hereinafter referred to as ANFS)

  1. Validity, Contract Formation
    1. DAVITASPORTS GmbH (hereinafter referred to as “Agency”) provides its services exclusively on the basis of the following General Terms and Conditions, which shall be applied to any future business relationship, regardless of the fact that explicit reference is made to them.
    2. Derogations and additional agreements with the ANFS Lifestyle Partner (hereinafter referred to as “Customer”) are only valid if confirmed in writing by the Agency.
    3. Customer's terms and conditions, if any, will not be accepted, unless otherwise explicitly agreed in writing. An explicit objection to them by the Agency is not required.
    4. The following “General Terms and Conditions” shall be the only provisions applicable to any contract between the Agency and the Customer, unless something different arises from the offer of DAVITASPORTS or the written agreement(s) between the Parties.
      Should any clause among these General Terms and Conditions prove to be ineffective, its exclusion will not affect the validity of the remaining provisions as well as of any contract concluded under these terms. The ineffective clause shall be replaced with an effective condition aiming to respect its sense and purpose.
    5. The offers of the Agency are not binding and without obligation.
    6. The formation of the contract between the Agency and the Customer shall take place through the following steps: the Customer shall email a written order to the Agency (Order through licence application); the Agency shall accept the order (Invoicing), confirm it in writing and send the total account to the Customer.
    7. The Agency is not bound to accept orders by the customer.
  2. Scope of Services, Order Fulfilment and the Customer’s duty to cooperate
    1. Customer orders shall be deemed to be accepted only after their written confirmation by the Agency, unless otherwise expressly stated by the Agency itself.
      The scope of services to be rendered results from the service description provided in the Application form. Subsequent modifications or changes to the scope of services require the written approval by the Agency. Within the framework provided by the Customer, the Agency is free to act as it considers appropriate to fulfil the order.
    2. The Customer shall verify all services provided by the Agency (notably electronic files) and claim any possible defects within 3 (three) working days from their discovery. If no claim is made, the services shall be deemed as approved by the Customer.
    3. The services are provided once the Customer has been given the opportunity to install his specific offers, address and logo through the value-added system MY HAPPY GOAL on the ANFS homepage (MY HAPPY GOAL federal state and category selection) and once he has received his free goods package.
    4. The Customer obtains the exclusive right to sell ANFS products and articles in the subsidiaries for which the licence has been granted by the Agency. The Customer undertakes to carefully store ANFS commodities until their sale.
    5. The Agency reserves the right to expand the scope of services during the duration of the contract without any changes in the stipulated annual participation fee.
    6. The Customer shall promptly and accurately deliver to the Agency all information and documents necessary to provide the service.
    7. Furthermore, the Customer is bound to verify the existence of possible third-party copyrights, or rights of different nature, on all data (photos, logos, etc.) provided for the fulfilment of the order. The Agency shall not be liable for the infringement of such rights. In the event that the Agency is held liable for the violation of such rights, the Customer shall hold it harmless and indemnify it; he shall compensate the Agency for any disadvantages caused by the claims of a third party.
  3. Premature cancellation of the contract
    1. The Agency is entitled to terminate this contract with immediate effect for important reasons. This is especially the case if:
      1. for reasons where the fault lies with the Customer, it becomes impossible to provide the service or it is necessary to delay it even after the expiration of a respite of 14 (fourteen) days.
      2. despite having received a written warning including an extension of 14 (fourteen) days, the Customer repeatedly fails to meet the obligations deriving from this contract, such as making the due payments or fulfilling his cooperation duties.
      3. the Agency has justified doubts about the solvency of the Customer; the Customer disregards the Agency’s request to pay in advance; the Customer doesn’t provide a suitable guarantee before the service is delivered.
      4. bankruptcy or judicial composition proceedings are initiated regarding the assets of the Customer, or a corresponding application is rejected due to lack of assets, or the Customer stops payment.
      5. the Customer fails to meet − entirely or in a satisfying way − his obligation (contracted through the ANFS homepage) to make MY HAPPY GOAL Coupons available to consumers.
    2. The Customer is entitled to terminate this contract with immediate effect for important reasons. This is specifically the case if despite having received a written warning including a respite of 14 (fourteen) days to rectify any breach of contract, the Agency repeatedly violates one or more clauses of this contract.
  4. Participation Fee
    1. Customers who apply at an early stage of the year receive a special bonus: for them, the annual licence fee to benefit of the advantages offered by ANFS’s MY HAPPY GOAL is € 975. The licence fee for the normal package amounts to € 1,450 for one year until 31 December 2009.
    2. The participation as ANFS scout is free of charge. It is possible to buy the ANFS Scout ID Card through an annual single payment of € 29.
    3. Participating in the Selection and Promotion Program as a football talent is free of charge.
  5. Participation Period
    If 3 (three) months before the expiration of the participation or of the contract period neither of the Parties has provided a written notification stating his desire to withdraw, the duration of the participation shall be extended for an additional 1 (one) year.
  6. Payment, Retention of Title
    1. Invoices are due for payment without deduction within 8 (eight) days of receipt of the invoice, with the only exception of particular cases in which different payment terms are agreed in writing.
    2. In case of delayed payment, interest for delay shall be charged at the legal rate applicable to commercial transactions. Furthermore, in case of delayed payment the Customer is liable to pay compensation to the Agency for any dunning and collection charges, insofar as necessary for possible legal proceedings Charges deriving from dunning letters sent twice or sent by a lawyer responsible for the collection of the due amount shall be compensated according to current market prices. Enforcement of further rights and claims shall remain untouched.
    3. In case of delayed payment, the Agency is not obliged to provide further services until the outstanding payments have been effected.
    4. The Customer is not entitled to offset any amounts owed to the Agency against amounts owed to him, unless amounts owed to him were recognized in writing by the Agency or regarded as legally binding.
    5. In the event that a football player, who was registered with ANFS by a talent scout, signs a professional contract with a national or international football club as a consequence of the ANFS Selection and Promotion Program, the Agency is bound to reward the scout, who shall be the legitimate owner of the official ANFS Scout ID Card, with the prize due to him according to the ANFS Scout Contract as soon the football player is paid his first professional salary.
  7. Trademark rights, Proprietary rights and Copyrights
    1. Through the licence payment the Customer acquires ANFS service usage rights. The Customer shall use such rights for the agreed purposes only. Unless otherwise agreed, the Customer shall use the services provided by the Agency exclusively in Austria. The acquisition of usage and exploitation rights involves, without any exception, the full payment of the participation fees charged by the Agency.
    2. Any modification or manipulation of the services rendered by the Agency, and notably any further development of such services by the Customer or a third party, shall be carried out exclusively with the express approval of the Agency and − if the services are protected by copyright − of the author.
    3. The Customer is liable to the Agency for any unlawful usage, for which he shall pay a proper contribution. Once the due payment is made, the Customer shall be deemed as the legitimate owner of the licence or Scout ID Card.
    4. If subsequently to the presentation of the program the potential Customer does not place an order with the Agency, any presentation materials delivered to the Customer shall be considered property of the Agency and, if so demanded, shall be returned to the Agency, unless otherwise agreed by the Parties.
    5. If the ideas and projects introduced by the Agency during the presentation are not implemented, the Agency is entitled to use them otherwise.
    6. All presentation materials, projects, coaching or seminar contents, as well as the knowledge underlying the CIRCLE POINTING COACHING program following the DAVITASPORTS principle, are protected by copyright and trademark rights and are intellectual property of the Agency.
  8. Deadlines
    1. DAVITASPORTS shall constantly endeavour to observe the agreed deadlines.
    2. DAVITASPORTS incurs a delay only after the Customer has granted a respite of at least 14 (fourteen) days and the Agency has failed to deliver the service within the extra time. The extension shall begin with the receipt by DAVITASPORTS of a letter setting the new deadline.
    3. In case of delay, DAVITASPORTS shall be liable for compensation only if it has acted with intent or gross negligence. Inevitable or unforeseeable events, such as delayed delivery by suppliers, dispense DAVITASPORTS from the obligation of meeting the agreed delivery date.
  9. Labelling
    1. The Customer is given by the Agency a POS advertising package including a label stating “Official Lifestyle Partner of ANFS” and an ANFS placard. The Customer undertakes to place the label and the placard in a prominent position on his premises.
    2. The Customer is entitled to advertise his company as an “Official Lifestyle Partner of ANFS” in the media, in his business papers and on his business cards.
    3. The Customer authorizes the Agency to point out the advantages of his company in all advertising efforts and in particular on the ANFS homepage.
  10. Warranty
    1. The Customer shall provide written notification of any defects immediately, at the latest however within 8 (eight) days after the service is delivered by the Agency, and shall notify any hidden defects within 8 (eight) days after their discovery. Otherwise the service shall be deemed as approved. In this case, the enforcement of any claims for warranty or compensation as well as the right of contesting because of defects shall be excluded.
    2. In case of a timely and justified notice of defects, the Customer has the right to obtain an improvement or replacement of the service. The Agency shall remedy any defects within an appropriate period of time. The Customer, on the other hand, shall allow any measures necessary for examining and eliminating the problem. The Agency has the right to refuse to remedy the defects if this is impossible or disproportionately expensive. In this case, the Customer is legally entitled to withdraw from the contract or to a price reduction. If an improvement of the service is performed, the Customer shall forward the defective (physical) object at his own expense.
    3. It is the duty of the Customer to verify the legitimacy of the service from a legal point of view, in particular as regards competition, trademark, administrative rights and copyrights. The Agency is not liable for the accuracy of the contents if these have been specified or approved by the Customer.
    4. The warranty period is 6 (six) months from the performance of the service. In accordance with §933b(1)ABGB, the right to claim for compensation from the Agency expires 1 (one) year after the provision of the service. The presumption rules of §924AGBG do not apply.
  11. Liability
    1. In case of slight negligence, the Agency shall not be liable for property damage or financial losses of the Customer, irrespective of the nature of the damages: direct or indirect damages, lost profits, damages caused by defects or delay, impossibility, positive breach of contract, culpa in contrahendo, damages caused by a poor or inadequate service. The existence of gross negligence shall be proved by the Party claiming damages.
    2. The Agency shall not be held liable for any claim against the Customer based on services rendered by the Agency, if the Agency fulfilled its duty to inform or if no such duty could be detected, where slight negligence does not produce any damage. In particular, the Agency shall not be liable for any legal costs, lawyers’ fees charged to the Customer or costs deriving from the publication of the judgments, as well as for possible claims for compensation or other claims made by a third party. In all these cases, the Customer shall hold harmless and indemnify the Agency.
    3. The right of compensation of the Customer expires 6 (six) months after the discovery of the damage, but, in any case, after 3 (three) years from the infringement by the Agency. Rights of compensation are limited to the net order value.
  12. Privacy Policy
    The Customer expressly agrees that all personal information provided to the Agency (name, address, email, bank details) shall be automatically verified, stored and processed to the extent required for the fulfilment of the contract and overall customer care, as well as for advertising purposes. The Customer accepts that until further notice he will receive electronic mail for information and advertising purposes and that he might as well receive such information by phone. Furthermore, the Customer expressly accepts that, prior to the expiration of the agreed term, the Agency will submit to him, in writing and/or by phone, an offer for a contract extension.
  13. Applicable Law
    This contract and all mutual rights and duties resulting from it, as well as all claims between the Agency and the Customer are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
  14. Place of Performance and Place of Jurisdiction
    All legal relations between the Agency and the Customer shall be subject to Austrian law exclusively. The place of performance shall be Salzburg. The place of jurisdiction shall be the competent court in Salzburg.