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SMARTER Business Solutions
Legally Binding

Terms of Service

General Terms and Conditions for software and services

1

Scope of Application

1.1 These general terms and conditions apply to all purchase contracts between Smarter Business Solutions GmbH and its customers.

1.2 Amendments and supplements require written form. Verbal side agreements are invalid.

1.3 By placing an order, the customer agrees to these Terms of Service.

2

Formation of Purchase Contract

2.1 The customer's order constitutes a binding offer.

2.2 Smarter Business may accept or reject the offer, particularly in case of price changes or technical errors.

2.3 The customer receives a confirmation of receipt, which does not yet constitute contract acceptance.

2.4 Acceptance occurs within 4 days through order confirmation or delivery.

3

Delivery and Prices

3.1 Prices do not include shipping costs, which are shown separately.

3.2 Partial deliveries are possible.

3.3 Delivery is typically by email and download.

3.4 Delivery time: normally within 7 business days, up to 30 days for custom orders.

3.5 Software is activated with a license key via secure license server.

4

Payment Terms

4.1 Retention of title until full payment.

4.2 Payment due immediately upon receipt of invoice. 12% late payment interest in case of default.

4.3 In case of payment default, assignment to third parties is possible.

4.4 Offset against counterclaims is excluded.

5

Warranty and Liability

5.1 Warranty period: 12 months from invoice date.

5.2 For commercial transactions: immediate inspection and notification of defects required.

5.3 Subsequent improvement or replacement delivery at Smarter Business's choice.

5.4 Referral to manufacturer possible if damage was not caused by us.

5.6 Liability only for intent and gross negligence (except personal injury).

6

Right of Withdrawal (Consumers)

6.1 Applies to consumers within the meaning of Austrian Consumer Protection Act.

6.2 7 business days right of withdrawal for distance selling (exceptions for software possible).

6.4 Goods must be returned unused and in original packaging.

6.6 Sealed software: right of withdrawal only with unbroken seal.

6.6 Important: Online acquired software (download) is excluded from the right of withdrawal.

7

Data Protection

7.1 Customer data will not be passed on to third parties (except for contract processing).

7.2 Data use: ordering, shipping, invoicing, statistics, marketing.

7.4 Details in our Privacy Policy.

8

Applicable Law and Jurisdiction

8.1 Exclusively Austrian law applies.

8.2 Place of performance: 2822 Bad Erlach, Austria.

8.4 Jurisdiction for businesses: Wiener Neustadt.

8.5 For consumers: court at consumer's place of residence.

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