Terms and Conditions

Terms and Conditions

1. Scope

The following Terms and Conditions apply to all orders placed through our online store by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their independent professional activities. A business operator is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

With respect to business customers, these General Terms and Conditions also apply to future business relationships without the need for us to refer to them again. If a business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of the Contract

The purchase agreement is concluded with

Software ReUse Tauchhammer GmbH
Laudongasse 54/2
1080 Vienna.

By listing products in the online store, we are making a binding offer to enter into a contract for these items. You may initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the items in your shopping cart by clicking the “Order” button. Immediately after submitting your order, you will receive a confirmation email.

A binding contract may also be formed in advance as follows:

• If you have selected PayPal as your payment method, the contract is formed at the time you confirm the payment instruction to PayPal.

The languages available for entering into the contract are German and English.

We do not store the text of the contract.

3. Terms of Delivery

Shipping costs are added to the listed product prices. You can find more details about the shipping costs in the product listings. Delivery is from outside the EU. You can inquire about the customs duties for your order at the relevant customs office.

In general, you have the option of picking up your order at Software ReUse Tauchhammer GmbH, Laudongasse 54/2, 1080 Vienna, Austria, during the business hours listed below: By telephone appointment only!

4. Payment

The following payment methods are available in our store:

credit card
When paying by credit card, the charge is processed on the same day. For credit card payments, the customer provides the following information: cardholder name, card number, credit card company, expiration date, and CVV code. This data is transmitted using SSL encryption with at least a 128-bit key and is therefore inaccessible to unauthorized persons.

Transfer
For payments made by bank transfer, the customer must make the payment within one week of receiving the order confirmation. Delivery will only take place after payment has been received.

Prepayment
If you select the “Prepayment” payment method, we will provide you with our bank account information in the order confirmation and ship the goods after we receive payment.

PayPal
You can place an order with us using PayPal. If you choose this payment method, you will be redirected directly to PayPal to complete the payment. If you already have a PayPal account, you can log in with your account information and complete the payment. If you’re new to PayPal, you can create a user account for free by adding your bank or credit card information. You’ll then pay by entering your email address and a password, and you’ll receive a payment confirmation via email. Your order will be processed immediately afterward. You’ll find further instructions during the ordering process.

Klarna
If you pay via Klarna, you’ll need access to online banking. You’ll be redirected directly to Klarna to complete the payment. You’ll need to provide your name, email address, and, if applicable, your mailing address.

Invoice
We deliver the goods, and you can pay conveniently after receiving the invoice. This requires confirmation from our team within 24 hours of placing your order.

5. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Business customers are not granted a voluntary right of withdrawal.

6. Retention of Title

The goods remain our property until full payment has been made. The following applies additionally to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale—regardless of whether the goods subject to retention of title have been combined or mixed with a new item—in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Damage During Shipping

For consumers: If goods are delivered with obvious shipping damage, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to file a complaint or contact us has no impact whatsoever on your legal claims and their enforcement, particularly your warranty rights. However, you will help us assert our own claims against the carrier or the shipping insurance provider.For business customers: The risk of accidental loss or accidental deterioration passes to you as soon as we have delivered the item to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set forth in § 377 of the German Commercial Code (HGB) applies. If you fail to provide the notice required thereunder, the goods shall be deemed accepted, unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranties and Guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

For consumers, the statute of limitations for claims for defects in used goods is one year from the date of delivery of the goods.

For business owners, the statute of limitations for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 of the German Civil Code (BGB) remain unaffected.

With respect to business customers, only our own specifications and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed to constitute an agreement regarding the nature of the goods; we assume no liability for public statements made by the manufacturer or other promotional claims.

If the delivered item is defective, we will initially provide warranty to business customers, at our discretion, either by remedying the defect (repair) or by delivering a defect-free item (replacement).

The foregoing limitations and shortened time limits do not apply to claims arising from damages caused by us, our legal representatives, or our agents.

• in the event of injury to life, body, or health
• in the event of a breach of duty committed intentionally or through gross negligence, as well as in the event of fraud
• in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose fulfillment the other party may reasonably rely (cardinal obligations)
• as part of a warranty commitment, if agreed upon
• to the extent that the Product Liability Act applies.

Information about any additional warranties that may apply and their specific terms and conditions can be found on the product page and on dedicated information pages in the store.

Customer Service: You can reach our customer service team for questions, complaints, and claims on weekdays from [9:00 a.m.] to [6:00 p.m.] at [0043-1-9972787-0] or by email at [lizenzieren@software-reuse.eu].”

9. Liability

We are always fully liable for claims arising from damages caused by us, our legal representatives, or our agents.

• in the event of injury to life, body, or health
• in the event of a breach of duty caused by willful misconduct or gross negligence
• in the case of warranty promises, to the extent agreed upon
• to the extent that the Product Liability Act applies.

In the event of a breach of material contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may reasonably rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives, or on the part of our vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

When the goods are shipped, the risk of loss or damage to the goods passes to the consumer only once the goods are delivered to the consumer or to a third party designated by the consumer who is not the carrier. However, if the consumer has concluded the contract of carriage themselves without making use of an option we proposed, the risk passes to the consumer as soon as the goods are handed over to the carrier.

Otherwise, claims for damages are excluded.

10. Governing Law, Jurisdiction

The contracting parties agree that Austrian law shall apply. If the consumer has his domicile or habitual residence in Austria, or is employed in Austria, jurisdiction for any action against him may be established only by the court within whose jurisdiction the domicile, habitual residence, or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods, as well as all provisions relating to it, are expressly excluded.

For contracts with businesses, our corporate headquarters is agreed upon as the place of jurisdiction.

11. Conciliation Board

We agree to participate in the dispute resolution process of the Internet Ombudsman in the event of a dispute: www.ombudsstelle.at.

For more information on the types of proceedings, visit www.ombudsstelle.at.

The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/odr

Our email address: info@software-reuse.eu

12. Final Provisions

As of February 2024