Terms and Conditions
General Terms and
Conditions (including information for Customers)
1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Storage of the contract itself
8. Closing remarks
1. Applicability
1.1. The business relationship between DCS Computing GmbH, Industriezeile 35,
AT-4020 Linz (hereinafter referred to as the “Vendor”) and the Customer
(hereinafter referred to as the “Customer”) is exclusively governed by the
following General Terms and Conditions and the End User License Agreement
(EULA) in the versions valid at the time of order placement.
1.2. A consumer within the meaning of
these General Terms and Conditions is any natural person who enters into a
legal transaction for a purpose that can predominantly be attributed neither to
his commercial nor to his independent professional activity. An 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 commercial or
independent professional activity.
For the avoidance of doubt, it is hereby stated that Vendor offers its products
and services to entrepreneurs only.
1.3. Deviating terms and conditions of
the Customer shall not be recognized unless the Vendor expressly agrees to
their validity.
2. Offers, service descriptions
2.1. The display of products in the online shop is to be equated with an
invitation to place an order and not a legally binding offer. Service
descriptions included in catalogues or on the Vendor’s websites are not to be
equated with either a promise or a guarantee.
2.2. All offers are valid “as long as
stocks last” unless otherwise stated in the respective product description.
Errors excepted.
3. Order process, conclusion of the contract
3.1. The Customer is free to select the products of their choice from the Vendor’s
product range and gather them together in a so-called “cart” using the [Add to
Cart] button. The Customer can then proceed to their cart and amend their
selection as required, for example by removing a product from the cart. Once
they are happy with their selection the Customer can proceed to the final step
in the order process using the [Proceed to checkout] button.
3.2. When the Customer clicks the [Place order] button they make a binding request to buy the goods currently in their
cart. Prior to order placement the Customer is able to view and amend their
order data at any time and can also use their browser’s “Back” function to
return to their cart or abort the order process. Essential entries are marked
with an asterisk (*).
3.3. The Vendor responds by emailing the
Customer an automatic confirmation of receipt; the email recapitulates the
order placed by the Customer and can be printed using the “Print” function
(order confirmation). The automatic confirmation of receipt only documents the
receipt of the Customer’s order by the Vendor and is not to be equated with
order acceptance. A binding purchase contract is only deemed to be concluded if
the Vendor dispatches or hands over the product ordered to the Customer within
7 days or confirms the dispatch of the product ordered within 7 days by sending
the Customer a second email, order confirmation or an invoice.
3.4. If the Vendor offers an advance
payment option the contract is deemed to be concluded at such time as the Customer
provides their bank details and fulfils the payment request. If, despite being
due and despite the Customer being sent a reminder, payment is not received by
the Vendor within 10 calendar days of the sending of the order confirmation,
the Vendor is entitled to withdraw from the contract, thus rendering the order
invalid and in turn freeing the Vendor from their obligation to supply. At this
point the order is considered to have been brought to a conclusion with no
further consequences for either the Customer or the Vendor. Products for which
advance payment is offered can therefore be reserved for a maximum of 10
calendar days.
4. Prices, delivery costs
4.1. All prices indicated on the Vendor’s website are exclusive of statutory
value-added tax (VAT) at the valid rate.
4.2. All products offered by Vendor on
the shop is downloadable software and online services and therefore, no
delivery costs are applied.
5. Delivery, product availability
5.1. If the Customer selects advance payment delivery will occur further to
receipt of the invoice amount.
5.2. The Vendor is entitled to withdraw
from the contract if, at the fault of the Customer, delivery of the goods fails
despite three delivery attempts. Any payments already made by the Customer will
be refunded without delay.
5.3. The Vendor is entitled to withdraw
from the contract if the product ordered is not available because the Vendor,
through no fault of their own, is unable to deploy the product in question. If
this situation arises the Vendor will inform the Customer without delay and
upon Customer request, will refund any payment already received to the Customer
without undue delay.
5.4. Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product
description.
5.5 The risk of accidental loss and
accidental deterioration of the goods shall pass to the buyers as soon as the Vendor
has delivered the item to the forwarding agent, the carrier or the person or
institution otherwise designated to carry out the shipment; the stated delivery
dates and deadlines, subject to other promises and agreements, are not fixed
dates.
5.6 The Vendor shall not be responsible
for delays in delivery and performance due to force majeure and due to unforeseeable
events that make delivery significantly more difficult or impossible for the Vendor
vis-à-vis Customers, even in the case of bindingly agreed deadlines and dates.
In this case, the Vendor shall be entitled to postpone the delivery or service
by the duration of the impediment plus a reasonable start-up period. The right
to postpone the deadline shall also apply to Customers in cases of
unforeseeable events that affect the operations of a pre-supplier and for which
neither the pre-supplier nor the Vendor are responsible. During the period of
such hindrance, the Customer shall also be released from its contractual
obligations, in particular payment. If the delay is unreasonable for the Customer,
the Customer may withdraw from the contract by written declaration after a
reasonable period to be set by the Customer or after mutual consultation with
the Vendor.
6. Terms of payment
6.1. The Customer is free to select one of the available payment types during
the order process; their selection is made prior to completion of the order
process.
6.2. If payment on account is available
payment must be made within 30 days of receipt of the goods and the
corresponding invoice. Full payment must be made in advance in the case of all
other payment types.
6.3. If third-party providers are
commissioned to process the payment (e.g. PayPal) the general terms and
conditions operated by those providers apply.
6.4. If the due date by which payment
must be made is defined as a calendar date the Customer will be deemed to be in
arrears as soon as they fail to comply with that due date and be liable for
statutory interest on arrears.
6.5. The Customer’s obligation to pay
interest on arrears does not preclude the enforcement of other claims for
delay-related damages by the Vendor.
6.6. The Customer only has the right to
set-off if their counterclaims are legally valid or acknowledged by the Vendor.
The Customer can only enforce a right of retention if their claims result from
the same contractual relationship as the Vendor’s claims.
7. Storage of the contract itself
7.1. The Customer is able to print out the contract with the aid of their
browser’s print function during the last step of the order process (i.e. prior
to placing their order with the Vendor).
7.2. The Vendor will also send the Customer
an order confirmation containing all order data to the email address provided
by the Customer. In addition, the Customer will receive a copy of the Vendor’s
general terms and conditions (including the Vendor’s cancellation policy and
information on shipping costs and the Vendor’s terms of shipping and payment)
along with the order confirmation or upon delivery of the goods at the latest.
If you have registered with our shop you can view the orders you have placed in
your profile. We also store the contract in your profile but do not make it
accessible on the internet.
7.3. Customers who are entrepreneurs can
receive the contract documents by email, in writing or by reference to an
online source.
8. Closing remarks
8.1. Subject to other agreements or mandatory statutory provisions, the place
of performance is the Vendor’s seat, while the place of jurisdiction is the Vendor’s
seat if the Customer is a merchant, legal entity under public law or special
fund under public law or the buyer is in the country of domicile of the Vendor
has no general place of jurisdiction. The right of the Vendor to choose another
admissible place of jurisdiction is reserved.
8.2. The law of the Republic of Austria
applies to the exclusion of the UN sales law, as long as there are no
compelling statutory provisions to the contrary.
8.3. The language of the contract is English.