ToS

General Terms and Conditions

1.1 The following terms of service (abbr. ToS) apply to all sales contracts concluded between Smarter Business Solutions GmbH (abbr. Smarter Business) as a software vendor and their customers. All prospective sales contracts between Smarter Business and their customers are based on these ToS.

1.2 These ToS shall apply exclusively. All changes and additions are to be made in writing. This shall also be applied to any deviations from this formal requirement. Oral supplementary agreements are invalid.

1.3 When placing an order, the customer agrees to be bound by all ToS.

2.1 The order of the customer constitutes a binding offer.

2.2 Smarter business is free to either accept the offer or to reject by submitting a corresponding statement to the customer by e-mail or by mail. This applies particularly but not exclusively when changes of prices or of any mistake or technical faults in the sales brochures, price lists or other documentation occur in the meantime. The liability for any such errors or price changes is excluded on the part of Smarter Business.

2.3 With receipt of the order, the customer receives an automatically generated confirmation in which the essential data of the order, particularly billing and shipping address, number and unit price of the ordered goods and total price are summarized. The purpose of this confirmation is merely to inform the customer of the successful receipt of the order and is not an acceptance of the order.

2.4 The acceptance of an order takes place at our discretion within 4 days from receipt of the order by sending a confirmation by post or E-Mail or if delivery is already possible within this period by immediately sending the ordered goods.

2.5 If Smarter Business does not send neither a confirmation nor the ordered goods to the customer within the time limit set out in point 2.4 the commitment period of the customer has expired and the purchase contract has not concluded.

2.6 If it is not possible for Smarter Business to deliver the goods or send notifications in any form stated by the customer (e-mail, address) through no fault of Smarter Business (e.g. due to wrong details of changes), Smarter Business is not to be held responsible for undeliverable goods or notifications.

2.7 Smarter business explicitly reserves the right to change parts of the pages or the entire offer without separate announcement, to supplement, to delete or to cease the publication temporarily or permanently.

3.1 The prices for the goods offered by Smarter Business do not contain the shipping costs as well as additional costs such as customs duties, etc. Shipping costs are stated in the order separately and are considered approved in terms of content and the amount by the customer when the order is made.

3.2 In case not all ordered goods are shippable immediately, Smarter Business may use their own discretion to deliver immediately shippable goods right away and the remaining ones when they are available.

3.3 Delivery usually is made by e-mail and download. Smarter Business reserves the right to deliver goods in other ways.

3.4 Delivery usually is made within less than 7 working days after the order confirmation, for stored goods within less than 1-2 working days. For not stored goods delivery may take up to 30 days after the order is made.

3.5 To be able to use the software, a license key is supplied. The product is activated via a secure licensing server based on the license key and the user name (including the domain). For validation purposes of the existing licenses and maintenance only the licensing key and user name are stored on a secure server until revocation of the customer.

4.1 The goods shall remain property of Smarter Business until full payment. Prior to full payment of the goods, the customer is not permitted to pledge, to transfer the goods to or grant rights on the goods to third parties.

4.2 The amount billed is due upon receipt of the payment immediately. In case of delay of payment Smarter Business is entitled to charge default interests at a rate of 12%.

4.3 In case of delay of payment Smarter Business reserves the right to assign claims to third parties (such as debt collection agencies).

4.4 Offsetting our purchase price claim with counterclaims of the customer are explicitly excluded.

5.1 The warranty is 12 months for all products delivered by us if not stated otherwise. The warranty period is effective from the invoice date.

5.2 If the purchase is a business-to-business transaction according to Section 377 Para 1 Commercial Code the customer is obliged to report any defects without delay to Smarter Business after receiving the goods.

5.3 In the event of a deficiency for which Smarter Business is at fault Smarter Business is obliged at their own discretion to remedy the defect or to supply a replacement.

5.4 In case of warranty Smarter Business is entitled to refer the customer to the manufacturer if the defect is not caused by employees of Smarter Business and the direct claim to the manufacturer means no unreasonable additional expense for the customer.

5.5 In case the remedy of defects fails or Smarter Business is not able to supply a replacement the customer is entitled to receive a price reduction or conversion in case of significant deficiencies and to receive a price reduction in case of non-essential deficiencies. Additional claims are excluded in any case.

5.6 Smarter Business is responsible exclusively for deficiencies caused by intent or gross negligence except for personal damage.

5.7 The onus of proof for ordinary or gross negligence lies with the injured party (as long as the business conducted is not a consumer nature). The replacement for consequential harms caused by defect as well as other damage to property, economic damage and damage to the customer caused by third parties is excluded.

6.1 The following conditions of this section apply to consumers according to the Austrian Consumer Protection Act (KSchG Konsumentenschutzgesetz).

6.2 Consumers have the right to withdraw from contracts conducted with us via distance selling (i.e. contract conclusions via web-shops, e-mails, telefax etc.) without giving any reasons provided that none of the exceptions of the right of withdrawal according Section 5f KSchG (e.g. software) finds application. Saturdays are not counted as working days.

6.3 The deadline for returning begins when the customer receives the goods. To comply with the time period the timely dispatch of the goods or the demand for collection is sufficient.

6.4 Goods are to be sent back in their original packaging, in unused and resellable-as-new condition.

6.5 For products, which are affected by signs of usage or which’s packaging is damaged, appropriate charges for the decreasing value will be collected by Smarter Business. In particular, Smarter Business may, at its sole discretion, auction the goods on an electronic auction platform at a call price of 50% of the list price for 7 days, in which case the difference between the auction proceeds and the list price shall be deemed agreed as the decreasing value.

6.6 For sealed software, the right of withdrawal exists only as long as the seal has not been broken. Services and goods purchased online (e.g. software by download) are excluded from the right of withdrawal.

6.7 If hard- and software components are contained in a sealed packaging and the software is not protected by another seal, all components of this packaging are considered to be a unit for which there is no right of withdrawal due to a broken seal.

6.8 The costs of the return are at the expense of the customer.

7.1 Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract, in particular payment transactions.

7.2 The data collected in the course of the web-shop are collected and stored electronically for the following purposes: execution of orders, shipping, invoicing, production of statistics, marketing (except e-mail).

7.3 The customer can also give his – at any time revocable – consent to receive information by e-mail. This approval is not required for an order.

7.4 For further information regarding data protection please refer to our privacy policy.

8.1 All purchase agreements concluded by us are exclusively subject to Austrian law excluding the UN sales law.

8.2 Place of fulfillment is 2822 Bad Erlach, Lower Austria, Austria.

8.3 Austrian law applies to this contract. If the contracting party is a consumer, then the mandatory provisions of the law of the state in which he has his habitual residence shall apply to this contract.

8.4 For disputes arising from the contract, if the contractor is an entrepreneur, Wiener Neustadt is agreed as the place of jurisdiction.

8.5 For disputes arising from the contract, if the contracting party is a consumer domiciled, habitual abode or place of employment, the court in whose district the consumer is domiciled, habitual abode or place of employment has jurisdiction.