Imprint
Responsible for the content of this website:
Xaver Xuster
Email: xaverkuster1@gmail.com
Phone: +43 660 5071467
VAT ID: ATU…………
Design & Development: Anna Mayer
Face Image: Oscar Ott
Copyright
All content and works published on this website are subject to copyright law. Any use not permitted by Austrian or German copyright law requires the prior written consent of the respective author or creator. This applies in particular to the reproduction, editing, translation, storage, processing or reproduction of content in databases or other electronic systems. Content provided by third parties is marked as such. Unauthorized duplication or distribution of individual content or complete pages is not permitted and may be subject to legal consequences. Copies and downloads are permitted solely for personal, private and non-commercial use.
Terms and Conditions (AGB)
1. Scope and Contract Formation
1.1 Xaver Xuster – Industrial Designer (hereinafter referred to as “the Designer”) provides services exclusively on the basis of the following General Terms and Conditions. These apply to all design and creative services between the Designer and the client (hereinafter “Client”), including all future business relationships, even if not expressly referred to. 1.2 Any deviations or additional agreements require written confirmation by the Designer to be valid. 1.3 Any terms and conditions of the Client shall not apply unless expressly agreed upon in writing. No separate objection by the Designer is required. 1.4 Should individual provisions of these Terms be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by valid ones that come closest to the intended purpose. 1.5 All offers by the Designer are non-binding and subject to change. 1.6 The subject of the contract is the creation and provision of design services for the contractually agreed purpose.
2. Basis of Cooperation
2.1 Each assignment is based on a briefing provided by the Client. Within this framework, the Designer retains full creative freedom. 2.2 The Designer creates the work independently but is entitled to involve qualified employees or cooperation partners where appropriate. 2.3 Any consulting services provided by the Designer relate exclusively to the field of design. Liability for professional advice pursuant to §1299 ABGB is limited to this field. 2.4 The Client shall ensure that all documents, information and instructions necessary for the optimal execution of the assignment are provided completely and in a timely manner.
3. Copyright and Rights of Use
3.1 Unless otherwise agreed, the Designer grants the Client an exclusive right of use to the created work. Programming services are excluded unless explicitly agreed. 3.2 The right of use is granted only upon full payment of the agreed fee and any additional costs, and only for the agreed purpose and scope. If no specific scope is agreed, the minimum scope necessary for contract fulfillment applies. Any additional or future use requires separate written consent and additional remuneration. 3.3 Any modification, adaptation or imitation of the works is prohibited unless the right to edit has been expressly granted in writing and against remuneration. 3.4 The granted rights may not be transferred to third parties without the explicit consent of the Designer. 3.5 Ownership of drafts, concepts, layouts and digital files remains with the Designer. In the event of legal succession, rights and obligations are transferred only within the agreed scope. 3.6 Continued use of concepts or works after completion, termination or withdrawal requires the granting of an unrestricted right of use. Any editing or further development by third parties requires additional agreement. The handover of open data files requires a separate written agreement.
4. Remuneration for Presentations
4.1 All services provided by the Designer are subject to a fee. The creation of proposals for offers, schedules and cost estimates is free of charge. 4.2 An invitation to create presentation drafts constitutes a binding assignment. Unless otherwise agreed, the presentation fee corresponds to 50% of a standard design fee in accordance with §§1004 and 1152 ABGB. 4.3 If no assignment or only a significantly reduced assignment is awarded after a presentation, the Designer is entitled to the full design fee. 4.4 The presentation fee does not include any rights of use.
5. Services, Third-Party Services and Production Supervision
5.1 An appropriate fee is deemed agreed for the provision of services and the delivery of production data. The delivery of development data is only included if agreed in writing. 5.2 The Designer may perform ancillary services independently or commission third parties on behalf of and at the expense of the Client. 5.3 Coordination and supervision of production processes require a separate agreement and are subject to remuneration.
6. Return and Storage of Materials
6.1 All materials, drafts and intermediate results are provided in trust. Until rights of use are granted, the Client may not copy, store or make them accessible to third parties. 6.2 Originals and digital data must be returned to the Designer once no longer required for the agreed use.
7. Liability
7.1 The Designer is not liable for slight negligence. In cases of gross negligence, liability is limited to the amount of the agreed fee excluding taxes and additional costs. 7.2 Defects must be reported immediately. The right to rectification expires after six months. 7.3 The Designer assumes no liability for legal admissibility, trademark rights or regulatory compliance of the designs. 7.4 Third-party service providers are not agents of the Designer. 7.5 The Client warrants that provided materials do not infringe third-party rights and indemnifies the Designer accordingly.
8. Attribution and Reference Copies
8.1 The Designer is entitled to be credited on all created works in accordance with §20 UrhG. 8.2 The Designer retains the right to use images of the created works for self-promotion. 8.3 For three-dimensional products, the Designer is entitled to photographs and a reference copy, provided this does not incur disproportionate costs.
9. Withdrawal and Cancellation
9.1 Both parties may withdraw from the contract after the first presentation, subject to payment of the presentation fee. 9.2 If the Client cancels or reduces the scope of the assignment, the agreed fee and incurred costs remain payable. 9.3 Any unused working capacity may be charged separately. All rights remain with the Designer.
10. Final Provisions
10.1 Amendments and supplements require written form. 10.2 Austrian law applies. Place of performance and jurisdiction is the registered office of the Designer.
Disclaimer
Xaver Kuster assumes no responsibility for the accuracy, completeness or timeliness of the information provided on this website. Liability claims are excluded unless intentional or grossly negligent behavior can be proven. All offers are non-binding and may be modified or discontinued at any time without notice.
Data Protection & Privacy Policy
Automatic Data Retention
When visiting this website, information such as URL, browser type, operating system, referrer URL, IP address, date and time are automatically stored in server log files for security and operational purposes. These logs are retained for up to two weeks and then deleted automatically.
Cookies
This website uses HTTP cookies to enhance usability. Cookies are small text files stored on your device that help recognize returning visitors and retain settings such as language preferences. Cookies do not contain viruses or access personal data on your device. You can manage or delete cookies at any time via your browser settings.
Your Rights under GDPR
You have the right to access, rectify, delete or restrict the processing of your personal data, as well as the right to data portability and to object to processing. Complaints may be lodged with the Austrian Data Protection Authority.
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