(1) Bertas Flachs - Verein zur Erhaltung und Förderung des tratitionellen Flachshandwerks, Bertas Flachs, c/o Christiane Seufferlein, Leithen 16, 4162 Julbach, Austria (hereinafter: "we" or "Bertas Flachs") operates an online shop for goods, digital goods and services under the website https://www.bertas-flachs.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://www.bertas-flachs.at.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
(4) In the event of conclusion of the contract, the contract shall be concluded with Bertas Flachs - Verein zur Erhaltung und Förderung des tratitionellen Flachshandwerks, Bertas Flachs, c/o Christiane Seufferlein, Leithen 16, 4162 Julbach, Austria.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(1) In the case of our online shop, the subject matter of the contract is:
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the function-maintaining updates and necessary security updates shall also be the subject matter of the contract.
(3) The essential characteristics of the goods, digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
(4) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: [ Place the value for default_delivery_time_text ] after receipt of payment).
(5) Delivery shall be made worldwide.
(1) Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and the (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are also authorised to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.
(4) Consumers shall be informed about the provision of updates and how to install them properly.
(5) The customer is obliged to install provided updates properly according to the installation instructions.
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached a material contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the amount of the damage. Damage foreseeable and typical for this type of contract limited. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.
(3) If, when purchasing a good with digital elements or when purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of this update.
Only German is available as the contractual language.
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for the purchase of used goods is 12 months.
(3) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(4) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(4) The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
of the association
Berta's Flax - Association for the Preservation and Promotion of the Traditional Flax Handicraft
1. name, seat and field of activity
1.1.1 The name of the association is Bertas Flachs - Verein zur Erhaltung und Förderung des traditionellen Flachshandwerks (Berta's Flax - Association for the Preservation and Promotion of Traditional Flax Crafts) and its registered office is in Julbach. Due to the object of the association, the seat of the association may also in future only be in the district of Rohrbach.
1.2 Its scope of activity
extends worldwide, but with a special focus on Austria and the border triangle of Austria/Germany/Czech Republic The financial year corresponds to the calendar year.
1.3 Functional designations in these Statutes shall be understood in all gender forms.
2.1 The purpose of the Association is to historically reappraise the traditional flax and linen craft both in Austria and internationally, to preserve it in the present and to research future fields of application of the flax and linen craft.
2.2 The activities of the Association shall be non-profit making.
2.3 According to its statutes, the association exclusively and directly pursues non-profit purposes and is therefore a non-profit association in the sense of the applicable tax law provisions (§§ 34 to 47 of the Federal Tax Code - BAO). Any purposes that are not favoured in the sense of §§ 34ff BAO are completely subordinate to the favoured purposes and are pursued at most to the extent of 10% of the total resources.
3. activities and means to achieve the purpose of the Association
3.1 The purpose of the Association shall be achieved by the following ideal means:
- Research into all historical work done by people around the cultivation of flax (Austria-wide and internationally).
o Further processing methods up to the finished fibre
Further processing (weaving, lace craft)
Distribution/sale through linen dealers
- Qualitative interviews with still living flax artisans and recording of their story(s)
- Presentation of the flax craft on national and international "stages
- Passing on the flax craft in workshops and lectures (online and offline in German and English) both in general and in the school or university sector
- Planning and execution of national and international exhibitions around the flax trade
- Cooperation with research institutions in the field of history, art and agriculture
- International networking of today's flax artisans, artists and historians
- Purchase of antique flax and linen and transfer to artists
- Exploration of the sustainable potential of the raw material flax and future use as a local textile fibre
- Preservation and networking of existing flat processing plants in Europe
3.1.3 Provided that this serves the purpose of the Association, the Association shall also be entitled to participate in (non-profit or non-charitable) corporations, to make use of vicarious agents pursuant to § 40 para 1 of the Federal Fiscal Code (BAO) or to act as a vicarious agent itself.
- to forward funds or other assets to organisations benefiting from donations with a corresponding dedication in accordance with § 40a line 1 BAO, provided that there is at least a corresponding organisational purpose.
to provide supplies or other services pursuant to § 40a line 2 BAO at cost price to other non-profit or charitable organisations, provided that at least one of the following applies
there is a coinciding purpose.
- To provide funds in accordance with § 40b BAO for prizes and scholarships
3.2 The purpose of the Association shall be achieved by the following material means:
- Member contributions
- Private donations
- Project funding
- Income from operations necessary to achieve the purpose of the Association
- Income from lectures, workshops, sale of publications, sale of antique/local flax and linen
- Advertisements in all publications (online/offline) of the association
3.3 The association may, as far as the material means and the purpose of the association allow, have employees and make use of third parties in order to fulfil its purpose. Remuneration may also be paid to members of the association, including association officials, provided that this relates to activities which go beyond the activities of the association in the narrowest sense.
such remuneration must stand up to a comparison with third parties.
4. types of membership
4.1 The members of the Association are divided into ordinary, extraordinary and honorary members.
4.2 Full members are (natural or legal) persons who became members before 1 April 2023 (cut-off date).
4.3 Extraordinary members are (natural or legal) persons who have become members after 1 April 2023.
4.4 Honorary members are natural persons who are appointed for this purpose by the General Assembly because of special services to the Association.
4.5 Extraordinary members may be made full members by resolution of the Executive Board
5. acquisition of membership
5.1 Application for admission as a member (with the exception of honorary membership) shall be made in writing (also online) to the Executive Board.
5.2 The Executive Board shall make the final decision on the admission of members. Admission may be refused without giving reasons.
5.3 The admission as a member shall be announced to the candidate.
5.4 The General Assembly shall decide on the appointment of an honorary member.
5.5.1 Until the formation of the Association, the provisional admission of ordinary and extraordinary members shall be effected by the founders of the Association or, in the case of an already appointed Executive Committee, by the latter. This membership shall only become effective upon the formation of the Association. If a board is not appointed until after the formation of the association, the (definitive) admission of ordinary and extraordinary members shall also be effected by the founders of the association until then.
6. termination of membership
6.1 Membership shall be terminated by death (loss of legal personality in the case of legal persons), resignation, deletion and exclusion.
6.2 Resignation may be effected at the end of each financial year and must be notified in writing to the Executive Committee at least two weeks in advance.
6.3 Removal from the list of members by the Executive Committee is permissible if a member is more than four months in arrears with the payment of membership fees, joining fees or other payment obligations to the Association despite two written reminders. The reminders shall at the same time serve as an opportunity for the member concerned to make a statement; a separate hearing of the member before the deletion by the Executive Committee is not required. The deletion may be effected without a separate resolution by a member of the Executive Board authorised to do so. A set-off with possible counterclaims of the member is inadmissible against open claims of the association.
6.4 The member shall be notified in writing of the cancellation. Outstanding claims of the Association against the deleted member shall not be affected by the deletion. The cancellation can be reversed within one week by payment of the outstanding amount.
6.5 The exclusion of a member from the Association may be decided by the Executive Committee at any time for good cause. This shall be deemed to be, in particular, a gross violation of the member's duties and/or behaviour detrimental to the association which permanently shakes the relationship of trust between the association and the member.
6.6 The application for the expulsion of a member may only be made by a member of the Executive Committee. The member concerned must be given the opportunity to comment on the allegations made, either orally or in writing, before the expulsion. The decision of the Executive Committee shall be communicated to the member in writing with reasons.
6.7 The member concerned may appeal against the exclusion decision to the internal arbitration court of the association (item 16).
6.8 From the date of notification of the exclusion decision until the final internal decision on the appeal, the rights of the member shall be suspended, but not the obligations incumbent upon him/her. All rights of the member expire on the day of resignation.
6.9 The withdrawal of honorary membership may be decided by the General Assembly at any time for the reasons mentioned under 6.5.
7. rights and duties of the members
7.1 Members shall be entitled to attend all events of the Association and to use the facilities of the Association, where appropriate, in accordance with guidelines established by the Executive Committee.
7.2 Every member has the right to participate in the General Assembly. Only full members have the right to vote, with each full member having one vote. Only ordinary members have the right to stand for election to the Executive Committee.
7.3 Members are obliged to promote the interests of the Association to the best of their ability and to refrain from doing anything that harms the reputation and purpose of the Association. They shall observe the statutes of the association and the resolutions of the organs of the association.
7.4 The ordinary and extraordinary members are obliged to pay the joining fee and the respective membership fees on time in the amount determined by the Executive Board.
annually decided amount.
7.5 Honorary members shall be exempt from the payment of joining fees and membership dues.
7.6 At events organised by the Association, participating members may be required to pay a participation fee.
8. organs of the association
8.1 The organs of the Association shall be the General Assembly, the Board, the Auditors and the Arbitral Tribunal.
9. the general meeting
9.1 The Ordinary General Assembly shall be held every four years.
9.2 An extraordinary General Assembly shall be held upon resolution of the Executive Board or upon written request of at least one tenth of the members or upon request of the Auditors within six weeks of receipt of the request.
9.3 All members shall be invited in writing (by post) to both ordinary and extraordinary general meetings at least four weeks before the date,
fax or e-mail). The convening of the general meeting shall include a provisional agenda.
take place. The Executive Board shall convene the meeting.
9.4 If the Executive Committee is unable to act or fails to perform its duty to convene the General Assembly, the Auditors shall be entitled and obliged to convene the General Assembly in compliance with the Statutes.
9.5 Additional items on the agenda of the General Assembly may only be submitted in writing to the Executive Committee by full members no later than three weeks before the General Assembly (receipt). Motions to amend the Statutes and to dissolve the Association may only be submitted by members of the Executive Committee or by one tenth of the members of the Association. If additional agenda items have been requested in due time, the Executive Board shall send a final (proposed) agenda to all members of the Association no later than two weeks before the General Assembly.
9.6 Valid resolutions can only be passed on the agenda.
9.7 All members are entitled to participate in the General Assembly; only full members are entitled to vote. The transfer of the right to vote to another full member by means of a written proxy is permissible. However, a member may only represent two other members.
9.8 The General Assembly shall constitute a quorum if half of all members entitled to vote are present. If the General Assembly does not have a quorum at the beginning, it shall have a quorum in any case after 15 minutes have elapsed. Resolutions at the General Assembly shall be adopted by a simple majority of the valid votes cast.
9.9 Resolutions to amend the Statutes of the Association or to dissolve the Association must be passed by a qualified majority of the members of the Association.
majority of two thirds of the valid votes cast.
9.10 The General Meeting shall be chaired by the President of the Association.
9.11 General meetings may also be held without the physical presence of the participants (for example via online video conference). In this case, the provisions for the holding of general meetings with the physical presence of the participants shall apply mutatis mutandis, whereby a technical solution shall be chosen which ensures that all members entitled to participate can take part in the virtual meeting. The decision as to whether a virtual meeting is to be held and which connection technology is to be used shall be taken by the Executive Board.
Or restricted to special cases:
If the holding of a general meeting with all participants present is not possible due to special circumstances or is not reasonable for the members, general meetings may also be held without the physical presence of the participants (for example via telephone or video conference). In this case the
provisions for the holding of general meetings mutatis mutandis, whereby a technical solution shall be chosen which ensures that all members entitled to participate can take part in the virtual meeting.
Further possible restriction:
In a general meeting held without the physical presence of the participants, the agenda may only include those items that require an urgent resolution or election by the general meeting.
10. tasks of the general meeting
10.1 The following tasks are reserved for the general meeting:
10.1.1 Acceptance of the annual reports and discharge of the Executive Board;
10.1.2 Election and dismissal of the members of the Board of Directors as well as the approval of the co-optation of members of the Board of Directors by the Board of Directors and the election of
and dismissal of the auditors;
10.1.3 Approval of legal transactions between members of the Board or auditors and the Association;
10.1.4 To pass resolutions on the amendment of the Articles of Association and on the dissolution of the Association;
10.1.5 To deliberate and pass resolutions on other matters and questions on the agenda;
10.1.6 Award and revocation of honorary membership.
10.2 The executive committee is obliged to inform the members in the general meeting about the activities and the financial management of the association.
to inform the members. If at least one tenth of the members so request, stating their reasons, the Executive Board shall also otherwise provide such information to the members concerned within four weeks of receipt of the request.
11. the Board of Directors
11.1 The Executive Committee is the governing body of the Association in the sense of § 5 paragraph 3 of the Association Act and consists of four persons. The Executive Committee shall consist of a Chairman and his deputy, as well as a Treasurer and his deputy. The distribution of functions within the Executive Board is the responsibility of the Executive Board, which may establish its own rules of procedure.
11.2 In the event of the resignation of a member during his/her term of office, the Executive Committee shall have the right to co-opt another member in his/her place, subject to the subsequent approval of the next General Meeting. Until a possible refusal of the confirmation of the co-optation by the general meeting, the following shall apply
the acts of such members of the Executive Committee shall in any case be valid. The co-opted member shall complete the term of office of the retired member. If the Board of Directors fails to exist at all or for an unforeseeably long period of time without self-supplementation by co-optation, the auditors shall be obliged to hold an extraordinary meeting without delay.
to convene a general meeting for the purpose of electing a new executive committee.
11.3 Should the Auditors also be unable to act or be absent, any group of three Ordinary Members who recognise the emergency situation shall have the right to call an Extraordinary General Meeting themselves without delay or to apply to the Court for the appointment of a Curator who shall immediately call an Extraordinary General Meeting.
11.4 The Executive Board shall be appointed by the General Assembly for an indefinite period. Members of the Executive Board
are eligible for re-election without restriction.
11.5 Meetings of the Executive Committee shall be convened by the Chairman or, if he is unable to do so, by his deputy. This may be done in writing or orally and shall
at least two weeks before the date of the meeting. If the deputy is also prevented from attending for an unforeseeably long period of time, any other member of the Executive Board may convene the Executive Board. Guests may be invited to the non-public Board meetings, but without voting rights.
11.6 The Executive Committee has a quorum if all its members have been duly invited and at least two of them are present. It shall pass its resolutions by a simple majority of votes; in the event of a tie, the Chairperson shall have the casting vote. A member of the Executive Board may not/ may not be represented by another member of the Executive Board.
11.7 The chair shall be taken by the chairman or, if he is unable to do so, by his deputy.
11.8 Apart from death, the function of a member of the Executive Board shall expire by removal (deselection by the General Meeting) or
11.9 The members of the Executive Board may resign in writing at any time. The declaration of resignation shall be addressed to the Executive Board or, in the event of the resignation of the entire Executive Board, to the
The resignation must not be untimely. The resignation may not be untimely and cause damage to the Association.
11.10 Board meetings may also be held without the physical presence of the participants (for example via telephone or video conference). In
in this case, the provisions for holding board meetings with the physical presence of the participants shall apply mutatis mutandis. The Executive Board may also adopt written resolutions by circulation. Details on the holding of virtual board meetings and the passing of resolutions by circulation may be set out by the board in a resolution adopted by the board.
The Rules of Procedure shall be adopted by the Board of Directors.
12. tasks of the board of directors
12.1 The Executive Committee shall be responsible for the management of the Association. It shall be responsible for all tasks that are not assigned to another organ of the Association by the Articles of Association.
are. The following matters in particular fall within its scope of action:
12.1.1 Preparation of the annual budget, the statement of accounts and the financial statements;
12.1.2 Determination of the amount of the respective membership fees and joining fees;
12.1.3 To prepare and convene the Ordinary and Extraordinary General Meetings;
12.1.4 Management of the assets of the Association;
12.1.5 Admission and exclusion of members of the Association;
12.1.6 Maintenance of a list of members;
12.1.7 Admission and termination of employees of the Association;
12.1.8 Notification of a change in the articles of association, which has an influence on the tax benefits, to the competent tax office within a period of one month.
13. special duties of individual members of the board of directors
13.1 The Association shall be jointly represented by the President and the Treasurer.
13.2 The Chairman shall preside over the General Assembly and the Executive Committee, or, if he is unable to do so, his deputy.
13.3 The Treasurer shall be responsible for the proper financial management of the Association.
14.1 The Association shall have two auditors, who need not be members of the Association. They shall be elected by the General Meeting for a period of four years. Re-election is possible without limitation. Legal transactions between the Auditors and the Association require the approval of the General Assembly to be valid.
14.2 The auditors shall audit the financial management of the Association with regard to the correctness of the accounts and the use of funds in accordance with the Statutes within four months of the preparation of the income and expenditure account or the annual accounts. The Executive Board shall submit the necessary documents to the auditors and provide the required information. The auditors shall report to the General Assembly on the results of the audit. The auditors' report shall confirm that the accounts are in order and that the funds have been used in accordance with the statutes, or shall point out any deficiencies in the management of the Association or any risks to its existence. Furthermore, insider dealings as well as unusual income or expenditure must be pointed out.
14.3 If the association is obliged by law to appoint an auditor, the auditor shall assume the duties of the auditors. This shall also apply in the case of a voluntary audit.
15 Arbitration court
15.1 The internal arbitration court of the association shall be appointed to settle all disputes arising from the association relationship. It is a "conciliation body" in the sense of the Association Act 2002 and not an arbitration court according to §§ 577 ff ZPO.
15.2 The arbitration tribunal shall be composed of three ordinary members of the Association. It shall be formed in such a way that one party to the dispute nominates a member as arbitrator in writing to the Executive Committee. Upon request by the Executive Board within seven days, the other party to the dispute shall nominate a member of the arbitration tribunal within 14 days. After notification by the executive committee within seven days, the nominated arbitrators shall elect a third ordinary member as chairman of the arbitral tribunal within a further 14 days. In the event of a tie, a decision shall be made by drawing lots among the nominees. The members of the arbitral tribunal may
do not belong to any body - with the exception of the General Assembly - whose activity is the subject of the dispute.
15.3 The arbitration tribunal shall reach its decision by simple majority vote after having heard both sides in the presence of all its members. It shall decide to the best of its knowledge and belief. Its decisions shall be final within the Association.
16. dissolution of the association
16.1 The voluntary dissolution of the Association can only be decided in an ordinary or extraordinary General Assembly, which already expressly includes this agenda item in the invitation, and with a majority of two thirds.
16.2 The General Assembly shall also decide on the liquidation. Unless the general meeting decides otherwise, the chairman shall be the liquidator with power of representation.
16.3 In the event of (voluntary or official) dissolution of the Association, the assets of the Association remaining after covering the liabilities shall be transferred, insofar as this is possible and permitted, to an organisation pursuing the same or similar purposes as the Association, otherwise for charitable purposes within the meaning of §§ 34 ff BAO.