TERMS & CONDITIONS
§ 1. scope of application
For the business relationship between the supplier and the customer, the following general terms and conditions apply in their version valid at the time of the order. Individual contractual agreements take precedence over these terms and conditions. Divergent conditions of the customer are not recognized, unless, the offerer agrees their validity expressly in writing. Consumer in the sense of these conditions is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity (§ 13 BGB). Entrepreneur in the sense of these conditions is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
§ 2. conclusion of contract
(1) The item descriptions shown on the platform do not yet represent a binding offer by the provider. (2) The Customer may select products from the Supplier's product range and collect them in a so-called shopping basket via the "Add to shopping basket" button. Via the button "Buy now" he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. (3) The supplier then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (hereinafter referred to as "confirmation of receipt"). By sending the confirmation of receipt, the Supplier accepts the Customer's offer.
§ 3. service content, service area, availability of goods
The provider distributes software license rights. The sale only takes place in normal household quantities. In the case of software programs that require the entry of an activation code (e.g. product key, installation ID, product ID, etc.) issued by the respective rights holder for activation, the Provider shall send an activation code for each acquired software license right. Each activation code is intended for one-time activation. Additional activations may be possible, but are not part of the contract. The input procedures specified by the copyright holder must be strictly observed when using the activation code. The software to be installed is made available by the customer downloading the software from the homepage of the respective rights holder and is not part of the service content. The provider sends instructions for successful installation with the order confirmation and, if required, offers assistance via remote access (TeamViewer) on the customer's PC before sending a replacement key. In all other respects, reference is made to the installation specifications of the respective copyright holder. It is the customer's responsibility to ensure that his PC is compatible with the software to be activated, that he has a functioning Internet connection, in particular the Microsoft website https://setup.office.com, and that no disruptive programs (e.g. Office 365) are installed on his PC. The following delivery restrictions apply: The supplier only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom. In the event of a delay in delivery of more than two weeks, both parties may withdraw from the contract. However, this only applies to the supplier if he is unable to deliver the ordered product through no fault of his own, as his supplier does not fulfil his contractual obligations for the ordered product. In this case he will immediately reimburse any payments already made by the customer.
§ 4. payment
The customer can make the payment by credit card, PayPal, IMMEDIATELY bank transfer, prepayment with subsequent invoice. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer already comes by omission of the date in delay.
§ 5. retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the supplier.
§ 6. prices
All prices stated on the provider's website are inclusive of the applicable statutory value added tax.
§ 7. warranty for material defects
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). BGB. If the customer is an entrepreneur, he is only entitled to warranty claims if he has fulfilled his inspection and complaint obligations according to § 377 HGB (German Commercial Code). The warranty period for entrepreneurs for items delivered by the supplier is 12 months from the transfer of risk. This does not apply if the law according to § 438 paragraph 1 No. 2, 478, 479 and 634a paragraph 1 No. 2 BGB prescribes longer periods as well as in cases of injury to life, body or health, in an intentional or grossly negligent breach of duty by us or fraudulent concealment.
§ 8. liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. (2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a compensation claim by the customer arising from injury to life, limb or health. (3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. (4) The provisions of the Product Liability Act shall remain unaffected.
§ 9. notes on data processing
§ 10 Final provisions
The law of the Federal Republic of Germany shall apply. This applies to consumers, however, only to the extent that the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. 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 Hamburg, Germany.
Legal form Sole proprietorship
Neubaugasse 7/3/11, 1070 Vienna, Austria
Tel: +43665 65 284 638