General Terms and Conditions for end users
1. GENERAL PROVISIONS AND SCOPE
Purchased.at GmbH, located at Mariahilfer Straße 77-79 Vienna 1060 Austria, ("P.AT") is a digital products retailer and provider of comprehensive e-commerce services ("Services").
P.AT provides its Services through www.purchased.at ("Website"), a secure online retail outlet for digital products and services obtained by P.AT from the Vendors ("Product") and offered for resale to end users ("End User") for their own use via the Internet.
P.AT purchases Products from the Vendor for the purpose of resale to End Users who make a decision to buy Products of the Vendor at the P.AT's online shop located at [shop.purchased.at].
All Services provided by P.AT to the End User shall be exclusively based on these General Terms and Conditions ("Terms"). These Terms regulate the legal relationship between P.AT and the End User for the sale of Products through the Website.
The following provisions are addressed both to consumers and to businesses according to the definition of Sec 1 Austrian Consumer Protection Act. Where reference is made to End Users this shall unless otherwise specified mean both consumers and also businesses. A "Consumer" is a natural person who enters into a legal transaction for a purpose that cannot be attributed to that person's trade, business or profession. A "Business" is a natural person or legal entity or partnership with legal capacity that enters into a legal transaction in the course of his/her/its trade, business or profession.
These Terms apply to all offers, acceptances, deployments, deliveries of Products and Services and supplies by P.AT and to the End User in connection with the sale of Products via the Website. Any diverging, conflicting, restricting or supplementary Terms and regulations of the End User must be expressly accepted by P.AT in order to become part of the contract. In particular, acts to fulfill the contract on the part of P.AT shall not be deemed to be consent to any conditions deviating from these Terms.
These Terms shall apply even where P.AT performs its contractual obligations without reservation despite being aware that the End User's conditions are inconsistent with the Terms. Where the sale of Products includes the delivery of Software or the provision of Services or other performance by third parties, the particular license and other conditions of the third party shall apply above and beyond these Terms.
The following terms shall have the following meanings in the context of these Terms:
"Vendor" means any natural person or legal entity that provides, generates, manufactures or delivers Products and Services within the meaning of Clause 1.2
to P.AT for the purpose of resale to End Users.
"Product" means (a) Software, (b) a decryption or authorization code, a series or authorization number, a download link or similar code or mechanism, that gives the End User access, first-time use or continued use of the Software or a Service, (c) other Products, or (d) Services sold by P.AT to the End User.
"Security Code" means a numerical security feature embossed or printed on the front or back of most Visa, MasterCard, Discover, American Express and other credit cards.
"Software" means all the Vendor's computer programs marketed in any form and through any medium via P.AT's Website.
3. Entry into a Contract (Offer, Confirmation and Acceptance)
The information provided by P.AT on the Website shall not be an offer in the legal sense.
The offer of the End User takes place by ordering the Products. To do this, the End User clicks on the button "Add to Cart" after selection of the Products concerned. After clicking on the shopping cart, the End User can register, sign-in, or use the order function for unregistered End Users. The End User will be presented an overview of the order after entering the invoice address, delivery address, shipping method and payment information. The offer of the End User shall be binding for him by clicking the button "buy now". A separate confirmation of receipt of his order shall be sent after receipt of the order by P.AT. This confirmation still does not represent acceptance of the offer.
An order placed by the End User represents an offer addressed to P.AT for the purchase of Products under these Terms. All orders placed by End Users require acceptance by P.AT. P.AT's acceptance shall only occur through the download authorization, the sending of the ordered Products or the provision of a Service.
In principle a contract only comes into existence, when the payment by the End User for the Products at the price applicable upon purchase has been credited to a P.AT account or there has been successful authorization of the credit card or other form of payment by the End User accepted by P.AT. In the case of purchase on account or purchase with grant of a direct debit authorization (where offered) the download authorization, the provision of the Service or the sending of the ordered goods occurs without receipt of payment in advance.
P.AT may at any time change or remove (temporarily or permanently) the Website, Products or Vendors and their information from the Website without indicating the reasons of such change or removal. P.AT shall not be liable to you for any such change or removal.
P.AT may, at its own discretion, use third parties to carry out its Services.
If the order is made by a Business, P.AT also has the right to only partially accept orders or to refuse them without stating reasons at its own discretion.
4. End User Warranties and Account
The End User warrants that all the information he/she/it provided when placing his/her/its order is up-to-date and accurate in all material respects and that it is adequate for P.AT to carry out the order. The End User is responsible for looking after and immediately updating his/her/its Account details in terms of its accuracy and completeness. Additional costs, incurred by P.AT as a result of false or incomplete information shall be for the account of the End User.
The End User may register an Account on the Website or use the possibility of ordering for unregistered End Users.
Regardless of whether the End User registers or not, he shall be obligated to provide his information completely and correctly and to keep it current at all times. The End User shall be liable to P.AT for all damages caused by false information or neglect of its updating.
P.AT reserves the right to refuse or revoke an application to register or to refuse or revoke an existing registration without stating a reason. However, in the event of revocation, it has no effect on contracts already entered into but not yet completely settled. These must be fulfilled by both parties.
The End User shall be responsible for maintaining the confidentiality of the password to enter its Account. Any person who logs in with an activated End User Account and the matching password, is considered to be authorized to place legally valid orders for the registered End User. The End User shall hold P.AT harmless regarding all damages arising from failure to keep the password confidential. Thus, the End User shall be obliged to pay for all orders activated using his/her/its user name and password. This payment obligation only lapses if (i) the End User is able to prove that he/she/it did not negligently or deliberately facilitate an order using his/her/its user name and password or (ii) prior to the relevant order, requested that P.AT blocks his/her/its user access and password and between the arrival of the blocking request and the arrival of the order, P.AT has failed to block the user access and/or password despite the lapse of a reasonable length of time.
5. Approvals, Exports, Customs Duties
To the extent that an approval or license from the government or other authority is required for the acquisition, transportation or use of Products, the End User shall be obliged to obtain such approval or license at his/her/its own cost and provide P.AT with evidence of the same upon request.
The fact that the End User has yet to obtain an approval or license shall not entitle the End User to withhold or delay payment. All costs and expenses incurred to P.AT on the basis of such a failure to obtain an approval or license or its being obtained erroneously shall be for the account of the End User. For Consumers, this shall not apply in relation to an approval or other permit for transportation.
The Products sold by P.AT and made available to the End User electronically or physically may give the End User access to technologies and Software which are subject to governmental export controls. The End User undertakes to observe these export controls. P.AT shall be entitled to withdraw from the contract where the End User breaches export controls.
Importing goods may lead to customs duties. Upon the arrival of the goods at the place designated by the End User the latter may incur customs duties, import duties or taxes imposed by the relevant authorities. All such additional costs shall be borne by the End User as they are beyond P.AT's control and the latter has no knowledge of them. More detailed information on customs regulations or duties can be obtained by the End User from the customs office responsible for his/her/its jurisdiction.
6. Prices, Payment Conditions and Delay
Unless otherwise indicated, all prices specified by P.AT on the Website are deemed to be in the currency quoted there. With respect to delivery and supply the prices indicated at the time of the order shall apply. Unless otherwise indicated, the prices indicated are understood as inclusive of VAT but do not include the costs of delivery or transportation to the designated delivery point (delivery charges are listed separately on the Website and on P.AT's invoices) or any (sur-)charges, fees or commissions charged by End User’s bank, financial institution or credit card organization. The End User states his/her/its agreement to the order of the delivery or transportation costs for the Products listed by P.AT at the time of purchase.
The payment of the purchase price falls due immediately upon entry into the contract and shall take place in the manner specified on the Website during the order process. With the exception of purchases on account, payments shall take place prior to delivery. Where the End User has purchased Products with recurring payment obligations (subscriptions), the prices are due at the agreed interval(s) and the End User shall pay these or make the corresponding purchase price available using the payment option he/she/it has selected for debiting by P.AT. The payment obligation for such Products will not recur if the End User makes a clear declaration informing P.AT of his decision to terminate the contract. This will only be effective if it is done prior to the end of the subscription period for the Product and within the announced termination notice period. In this case, any recurring opportunity or license to use the Products and/or other opportunity or license to use the Products shall lapse.
If the End User is not a Consumer, the following provisions shall apply: The End User shall identify himself as a business when the order is placed. P.AT may consider the address provided as End User's place of business, unless indicated otherwise. If End User’s VAT ID is registered to another place, P.AT may also use that information for tax purposes. If the End User is required to pay or withhold any tax for payments made to P.AT, P.AT remains entitled to the amount due under Clause 6.2
in full and free of any deductions. The purchase price shall be increased by the amount of taxes paid or withheld by the End User (gross-up). The End User will provide documentation to P.AT, which certifies that all applicable taxes have been paid to the relevant tax authority within 30 days after the date of payment of the purchase price. For purposes of this Clause, taxes means any sales, use, gross receipts, business, occupation, and other taxes (other than taxes on the income of P.AT) and similar charges imposed by any government or other authority, with the exception of VAT levied by a member state of the European Union.
If the End user is not a Consumer, the following provision shall apply: In case of any advance deliveries (purchase on account or purchase with grant of a direct debit authorization), payments shall be made in full irrespective of any claims for short deliveries or product defects.
If payment is made with any one of the following payment methods, End User will have 35 days to complete the order by providing funds for the order: direct debit, wire transfer, Boleto Bancário, Konbini, PayNearMe, PayPal. P.AT reserves the right to cancel any order if payment has not been completed within 35 days.
Bills of exchange and cheques are only accepted as payment by P.AT to the extent these are expressly offered on the Website and are accepted for processing; they shall count as payment only once they have been redeemed. Discount and collection charges shall be for the End User's account. P.AT shall not be liable for their prompt submission.
To the extent that in case of purchase on account the invoice includes a payment deadline, the End User shall be in arrears if the full purchase price payment is not credited to a P.AT account or received by P.AT within such deadline. In the case of payment obligations on the part of the End User that the latter has to comply with in respect of P.AT by granting a debit authorization or direct debit authorization (in particular also in cases of recurring payment obligations), the End User shall be in default if the payment method selected by him/her/it is, at the time debited by P.AT, insufficient to cover the full amount.
In the event of exceeding a deadline for payment, the End User shall be in default without the need for a special notification by P.AT. In this case, P.AT shall have the right at any time to suspend all agreed payment deadlines - also for any ongoing acceptances - and to set the claim as immediately due and payable. This only applies to Consumers after P.AT set an appropriate period to conduct the payment.
Where the Consumer defaults, he/she/it shall pay P.AT late payment interest of 4% for the time of the default. Where the End User is a Business, the interest rate shall be 9.2% over the base interest rate of the Austrian National Bank.
In case of default, P.AT reserves the right to cancel the order and/or claim damages.
Where the End User is a Business, the right to assert counterclaims by set-off or through the exercise of rights of retention by the End User shall be excluded, unless the counterclaim is legally established or expressly acknowledged by P.AT in writing.
The End User is obligated to pay P.AT all actually incurred necessary reminder and collection fees for appropriate legal action, in particular costs of any collection agency services used that are based on the respectively valid regulations for maximum fees in collections, as well as attorney’s fees pursuant to the Law on Attorney’s Fees.
P.AT reserves the right to undertake anti-fraud checks including manual review of orders to verify End Users credentials. In some instances the due process of these anti-fraud checks may cause delay in the sale and distribution of the Products to the End User.
Payment by direct debit
P.AT offers the payment method of direct debit (grant of a direct debit authorization) only for orders from Austria. These payments shall be carried out by direct debit method exclusively within the framework of the SEPA Core Direct Debit Scheme of the Single Euro Payments Area ("SEPA").
By sending his/her/its order, the End User declares his/her/its agreement that the amount which is debited from his/her/its bank account within the framework of the SEPA Core Direct Debit Scheme (total order amount) is notified with a pre-notification ("Pre-Notification") already directly after sending his/her/its order.
Payment by Credit Card
Where payment is made by credit card, the End User shall provide full credit card data (cardholder name, card number, expiry date, security code) when placing the order and thereby declares his/her/its agreement to P.AT's taking payment for the order via the relevant credit card company.
P.AT shall take all reasonable steps to protect the credit card data against unauthorized access by third parties. The End User is aware that in particular where such data is transferred electronically, the possibility of such data becoming known to unauthorized third parties cannot be excluded.
7. Delivery, Delivery Period
The delivery of the ordered Products shall be carried out according to the delivery information on the Website, as amended from time to time. Delivery periods and delivery dates shall always be subject to change due to possible bottlenecks of production capacities or by Vendors, except in the event of written agreement. Fixed delivery dates or deadlines shall require written form to be binding.
The agreed delivery period shall begin upon receipt of payment in full by P.AT or following expressively written acceptance of the order by P.AT. Where relevant, it is extended by such time as the End User requires in order to supply the data necessary for the processing of the order to P.AT or the P.AT payment Services provider selected by the End User.
Delivery delays caused by statutory or official arrangements (eg, import and export restrictions) and that are not the fault of P.AT shall extend the delivery period for a time equivalent to the duration of such obstacles. In important cases P.AT shall immediately notify the End User of their commencement and supposed ending, to the extent P.AT is aware of the same.
If the ordered Products cannot be delivered on a timely basis without culpability of P.AT, the delivery times shall be deemed to be fulfilled with notification of delivery readiness.
If delivery is delayed for reasons for which the End User is culpable, costs resulting from the delay shall be billed starting with notification of readiness to deliver.
Unforeseen obstacles such as force majeure, labor disputes, or other events which are beyond the control of P.AT or its Vendors and which render it impossible to deliver in a timely manner, authorize P.AT, under exclusion of all claims for damages for compensation (also for consequential damages) of the End User, to wholly or partially withdraw from the contract or to postpone the delivery for the duration of the hindrance to include a reasonable time to start up. P.AT shall inform the End User of the beginning and end of such circumstances.
In the event of delay in delivery, the End User may also withdraw from the contract after a fruitlessly expired appropriate extension deadline.
8. Digital Products and Services
Upon purchase of digital Products and Services, the End User receives, following the order, access to a code for the activation of the Software, access to a webpage with a download link for the downloading of the Software, or the use of the digital Product or Service is facilitated or provided in some other way. Upon purchase of digital Products and Services with recurring payment obligations (subscriptions), the download shall only be authorized, the Service supplied or the ordered goods dispatched in each case after full receipt of payment for the period for which the recurring payment obligation exists.
To the extent the End User is offered digital Products and Services or parts thereof by P.AT or third-party servers via the electronic transfer of a code, access to a website with a download link, or similar manner, an obligation is only to be performed at P.AT's place of business ("Holschuld"). Following access to the required data, the End User alone shall decide if and when he/she/it will download or activate the digital Products and Services from the servers of P.AT or a third party, or when he/she/it will make use of the digital Products and Services.
9. Physical Products and Services
To the extent that the purchase of Products and Services includes the delivery of physical Products, delivery shall be made to a valid address specified by the End User. The End User shall be obliged to check the delivery address on all the confirmations and acceptances issued by P.AT and to notify P.AT immediately of any errors or omissions. The costs arising as a result of an amendment to the delivery address undertaken by the End User following the submission of his/her/its order shall be borne by the End User.
To the extent the End User fails to accept the delivered Products, or to the extent he/she/it rejects them, risk of damage or loss of the Product shall pass to the End User without prejudice to all other rights to which P.AT is entitled: P.AT shall be entitled, at the End User's risk and cost, to endeavor to have the Product delivered by such means it deems suitable and reasonable and to put the Product into storage at the End User's risk and cost.
The End User shall be obliged upon request to settle all reasonable storage costs as well as all other reasonable costs in respect of the unsuccessful offer and retention of the Products owed such as arise from the omission to accept or the rejection of the goods.
P.AT shall be entitled to make part deliveries insofar as this is reasonable. To the extent P.AT makes part deliveries each part delivery shall represent a separate contract; this shall not apply to Consumers. End Users that are Businesses shall, in case of defects in one or more part deliveries, not be entitled to cancel subsequent part deliveries.
Where the End User is a Consumer, the risk of accidental destruction and accidental deterioration of the ordered Product shall pass to the Customer upon delivery of the same. Where the Customer is a Business, the risk of accidental loss and accidental deterioration transfers to the Business upon surrender of the Product to the transport company or freight carrier.
10. Duty of Inspection and Notification
Where the End User is a Business, the following provisions shall apply: The End User shall be obligated to check and test the delivered Products immediately after receipt for completeness, correctness and other lack of defects. In the event of defects, the Business must submit a complaint per email to firstname.lastname@example.org or in writing within a reasonable period of time and in any case at the latest five (5) calendar days after receipt of the Products or in case of a hidden defect immediately after being aware of the same.
If the Business did not submit the complaint within this time period, the delivery shall be deemed accepted and thus all claims (eg, warranty, avoidance on account of mistake or compensation for damages due to a later alleged error or defect) shall be eliminated. This shall also apply regarding any wrong deliveries or deviations in the delivery quantity.
In the event of a complaint submission, the Business shall be obligated to properly store the defect Product and keep them available until clarification of the matter. A return delivery may only be implemented after consultation with P.AT at the cost and risk of the Business.
11. Retention of Title
All delivered Products remain property of P.AT (subject to retention of title) until full payment of all claims corresponding to the delivery, as well as all other claims including interest and costs from the relationship between the End User and P.AT (eg, costs of exchange, financing costs etc.).
Where the End User acts in breach of the contract, P.AT shall be entitled to demand the return of the Product. Neither the retraction nor any seizure of the item to which title is retained shall amount to rescission of the contract.
12. Usage Rights, License
To the extent that the Products delivered by P.AT consist of or include Software or a Service, the End User accepts that P.AT sells the Software or the Service in its own name for the Vendors of the Product and that P.AT therefore grants the End User no rights to use the Software or the Service. Any usage rights over the Software or the Service (including any conditions or restrictions on such usage rights) shall be granted to the End User exclusively by the Vendor and not by P.AT.
13. Data Protection
Dealing sensitively with the End User's data is of greatest importance for P.AT. Any entry of personal or business data on the Website by the End User is made on a voluntary basis. The collecting, processing and use of data will be based on the applicable legal requirements, especially on the Austrian Data Protection Act ("DSG") and the Austrian Telecommunication Act ("TKG").
The End User's provided personal data will be used to identify the End User and to execute the order, only.
End User data is subject to electronic data processing. Where necessary, P.AT forwards personal data to the Vendor of the Products purchased by the End User or respective service partners to execute the End User's order. Some of the data receivers may be located outside the European Economic Area, including the USA, subject to compliance with the appropriate security measures and observance of the statutory provisions.
14. Defects, Claims in respect of Defects and Exclusion of Liability
All information on P.AT's Products is merely by way of description and does not represent a guarantee.
A Product is defective where it lacks the agreed quality, is not suitable for the agreed use or appropriate for the customary use and does not demonstrate the quality usual for Products of the same type and which the End User can expect of this type of Product. A Product is also defective where it infringes industrial property rights, copyright or other third-party rights. The technical and legal regulations applicable in Austria shall apply unless specifically agreed otherwise.
Services or the provision of Services are defective to the extent they do not comply with the contractual agreements.
Where a defective Product has been delivered, the End User shall impose a reasonable deadline on P.AT for supplementary performance.
Where Services have not been performed in accordance with the contract, the End User shall set a reasonable deadline for P.AT to perform the Service anew.
Where P.AT has carried out or delivered defective Products and Services to a Business, the following provisions apply:
- P.AT shall not be liable for defects and the absence of warranted qualities if the cause for this lies in the material and information provided to P.AT.
- P.AT may choose whether to repair the defects by way of supplementary performance or whether P.AT will replace the defective Products and Services with a new Product or Service free of defects.
- P.AT shall have the obligation of the exclusive choice of legal relief for the removal of a timely contested defect. The right to lower the relevant purchase price (price reduction) is excluded.
- The right of cancellation shall be limited to the relevant order.
- The limitation period for defects claims shall be twelve (12) months from delivery of the Product or Service. The statutory presumption of defectiveness of § 924 of the General Austrian Civil Code (ABGB) shall be barred.
- Remedy of a defect shall not lead to an extension of the original, or start of a new, warranty period.
- Justified complaints shall not entitle the Business to withhold the entire invoice amount, but only a reasonable part thereof.
Where P.AT has carried out or delivered defective Products and Services to a Consumer, the following provisions apply:
- The Consumer shall be entitled without restriction to statutory warranty rights with the exception of the damages limitation in Clause 15 of these Terms. In particular, the Consumer may choose whether P.AT should repair the defects by way of supplementary performance or replace the defective Products and Services with a new Product or Service free of defects. P.AT is, however, entitled to refuse the selected form of supplementary performance where this is possible only at excessive cost and the other form of supplementary performance is available without material disadvantage to the Consumer.
- Where the supplementary performance fails, it shall be at the Consumer's discretion to opt for a lowering of the purchase price (reduction) or to rescind the contract.
- The limitation period for defects claims by Consumers shall be twenty-four (24) months from delivery of the Product or Service.
Where the End User exercises an existing right of rescission, the parties shall return the services received and surrender any use or enjoyment derived. At the same time, the End User's right to use the Products or Services shall cease. In the case of Software previously purchased, the End User shall immediately remove this from all installations, storage media and other files and shall destroy the physical components of the Products and Services as well as any copies made of the Software. In addition, the End User shall make a separate written statement that it will undertake the actions set out above.
ANY LIABILITY ON THE PART OF P.AT FOR CONSEQUENCES THAT HAVE ARISEN FROM ALTERATIONS MADE TO THE PRODUCTS AND SERVICES BY THE END USER OR BY A THIRD PARTY OR THAT HAVE ARISEN THROUGH THE MISHANDLING OR INCORRECT OPERATION OF THE PRODUCTS AND SERVICES SHALL BE EXCLUDED.
ANY LIABILITY ON THE PART OF P.AT FOR THE ADEQUACY OF THE OPERATION OF THE PRODUCTS AND SERVICES FOR THE SPECIFIC REQUIREMENTS OF THE END USER OR FOR THE COMPATIBILITY OF THE PRODUCTS AND SERVICES WITH COMPONENTS WITHIN THE SPECIFIC HARDWARE CONFIGURATION AT THE END USER'S PREMISES SHALL BE EXCLUDED.
UNLESS OTHERWISE SPECIFIED IN THIS CLAUSE 15, LIABILITY ON THE PART OF P.AT FOR ACTS OR OMISSIONS ATTRIBUTABLE TO SIMPLE NEGLIGENCE ON THE PART OF P.AT SHALL BE STRICTLY EXCLUDED.
WHERE THE END USER IS A BUSINESS AND P.AT NEGLIGENTLY BREACHES A MAIN OBLIGATION THAT IS MATERIAL TO THE CONTRACT (MATERIAL CONTRACTUAL OBLIGATION), P.AT'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO FORSEEABLE DAMAGE TYPICALLY ARISING IN SUCH CIRCUMSTANCES. MATERIAL CONTRACTUAL OBLIGATIONS ARE THOSE THAT NEED TO BE COMPLIED WITH IF THE PURPOSE OF THE CONTRACT IS TO BE ACHIEVED.
WHERE THE END USER BRINGS DAMAGES CLAIMS BASED ON P.AT'S DELIBERATE OR RECKLESS BREACH OR ON THE ABSENCE OF A FEATURE GUARANTEED BY P.AT, P.AT SHALL BEAR LIABILITY WITHIN THE STATUTORY LIMITS.
THIS SHALL BE WITHOUT PREJUDICE TO P.AT'S LIABILITY FOR CULPABLE LOSS OF LIFE, PERSONAL INJURY OR DAMAGE TO HEALTH. THE SAME SHALL APPLY TO LIABILITY UNDER THE AUSTRIAN PRODUCT LIABILITY ACT.
WHERE P.AT'S LIABILITY IS EXCLUDED OR LIMITED, THIS SHALL ALSO APPLY TO THE PERSONAL LIABILITY OF P.AT'S WORKERS, EMPLOYEES, CO-WORKERS, LEGAL REPRESENTATIVES AND VICARIOUS AGENTS.
The provisions of this Clause 16 shall only apply to Customers who place an order from a member state of the European Union:
Consumers have the right to revoke this contract within fourteen (14) days without stating a reason.
In the case of a contract for services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded.
In the case of a purchase agreement for the delivery of goods (eg, physical data carriers), the revocation period shall be fourteen days from the date on which the Consumer – or a third party designated by the Consumer who is not a freight carrier – takes possession of the goods.
To exercise the right of revocation, the Consumer must inform P.AT (Purchased.at GmbH, Mariahilfer Straße 77-79 Vienna 1060 Austria, [Phone, Email]) by making a clear declaration of his decision to revoke the contract (eg, by letter sent by regular mail, fax, or email.) The Consumer can use the model revocation form following these revocation instructions for this purpose, but it is not a requirement.
To meet the revocation deadline, it is sufficient for the Consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.
Legal Consequences of Revocation:
If the Consumer revokes this contract, P.AT must promptly refund all of the payments P.AT received from the Consumer, including delivery costs, no later than fourteen days from the date on which the notice of revocation of the contract was received by P.AT (with the exception of additional costs incurred because the Consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by P.AT). For this refund, P.AT shall use the same means of payment that was used by the Consumer in the original transaction, unless otherwise expressly agreed with the Consumer. In no case shall the consumer be charged a fee for the refund.
In the case of a contract for services, the following shall apply: If the consumer requested that the services commence during the revocation period, the consumer shall pay Purchased.at a reasonable amount, which corresponds to the percentage of services provided by the time the consumer informs Purchased.at of the exercise of his right to revoke the contract, as compared to the total scope of the services contemplated by the contract.
If there is a purchase agreement for the delivery of goods, the following shall apply:
- Purchased.at can refuse to make a refund until it has received the goods back or until the Consumer proves that he has sent the goods back, whichever is earlier.
- The Consumer shall promptly return or send the goods to P.AT no later than fourteen days from the date on which the Consumer informed P.AT of the revocation of the contract. The deadline is met if the Consumer sends the goods before the expiration of the fourteen-day period. The Consumer shall bear the direct costs of returning the goods.
- The Consumer must only pay for the diminished value of the goods if the diminished value is attributable to his treating the goods in an unnecessary manner to examine their quality, characteristics, and functionality.
The right to revoke a contract for the delivery of digital content not installed on a physical data carrier is extinguished if the Consumer expressly agrees that P.AT shall begin to execute the contract before the expiration of the revocation period and confirms that he knows that he will lose his right of revocation by consenting to commencement of the execution of the contract before the expiration of the revocation period, and P.AT begins to execute the contract (Sec 18 Para 1 No 11 Austrian Distance Selling Act).
The right of revocation does not arise or exist with respect to contracts for the delivery of goods if they were manufactured in accordance with an individual choice or determination of the consumer or are clearly tailored to the personal needs of the consumer (Sec 18 Para 1 No 3 Austrian Distance Selling Act), and with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery (Sec 18 Para 1 No 8 Austrian Distance Selling Act). Further, the right of revocation does not arise or exist in any other cases as defined in Sec 18 Austrian Distance Selling Act.
Model revocation form
(If you wish to revoke the contract, please fill out this form and send it back.)
To Purchased.at GmbH, Mariahilfer Straße 77-79 Vienna 1060 Austria, [Phone, Email]
I/we (*) hereby revoke the contract for the purchase of the following goods (*) /the provision of the following services (*) concluded by me/us (*)
Ordered on (*) /received on (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only for notices in paper form)
(*) Please delete what does not apply.
17. Place of Performance
Place of performance for all deliveries shall be the place where P.AT has its offices, i.e. Vienna.
18. Jurisdiction and Applicable Law
These Terms and the End User's purchase of Products from P.AT shall be governed by the laws of Austria, under exclusion of the UN Law on the Sale of Goods and under exclusion of the conflict of law rules of Austrian private international law. For Consumers, this choice of law only applies insofar as mandatory provisions of the law of the EU Member State in which he has his usual place of residence are not displaced.
Any dispute or claim arising out of or in connection with these Terms or the End User's purchase of Products from P.AT (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts in 1010 Vienna. For Consumers, any dispute shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence, domicile or employment of the Consumer.
19. Entire Agreement
These Terms cover the entire agreement between the parties in relation to the stated dealings and replace any previous or simultaneous agreements, communications and arrangements between the parties (whether oral or in writing) in relation to the present subject matter. Amendments and additions to these Terms shall be in writing. The written-form requirement may only be waived in writing.
Version: December 2015