1.General

(1) The following standard contract terms shall apply to all deliveries and offers of SerialCart.com (AiOEX GmbH) (in the following referred to as “SerialCart”). Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby objected to.

(2) Consumer in terms of these standard contract terms is largely any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities. Merchant is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities.

  1. Offer and Conclusion of the Contract

Our range of articles is not binding. The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. The purchase contract is accomplished with delivery of the goods and confirmation of dispatch.

  1. Prices and Delivery

(1) Generally, our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution center. All prices on our websites exclude statutory VAT as far as the customer does not change its customer form to company, merchant or public utility, does not chose any non-EU country as the country of delivery or as far as the website is directed solely to Merchants.

(2) All ordered items will be delivered digitally via E-Mail or through the website.

(3) Customer is not charged for digital deliveries.

(4) Customer should read and comply with our refund policy (which is mentioned here) before ordering any items from the shop.

  1. Delivery Period

The estimated delivery periods are dependent on the products. Maximum delivery time of items listed on the shop is 2 working. In the event that a delay of the estimated delivery occurs after an order has been made, the customer shall automatically be informed by E-Mail. Provided that the customer is a consumer, he is entitled to cancel his/her order or to make modifications to such order free of charge at any time prior the revocation right takes effect, unless otherwise agreed.

  1. Warranties

(1) SerialCart as an authorized software reseller guaranties the working period which is offered on the product page.

(2) SerialCart is not a manufacturer of the sold software and does not provide Satisfaction Guarantee. Customer is obliged to test and know the software before the purchase.

(3) SerialCart does not provide technical assistance of the sold software and customer should contact the respective manufacturer to get technical help.

(4) Customer should activate his/her software max 30 after the purchase as all the sold licenses/activation code have an expiring time span set by the manufacturer. SerialCart guaranties all the sold licenses/activation codes to activate the respective software until 30 days from the date of purchase.

(5) Customer should be able to install the software by himself/herself and SerialCart is not responsible for installation of the sold software.

  1. Payment

(1) Unless otherwise agreed, all our invoices shall be payable immediately without any deductions.

(2) The customer shall be entitled to choose among several different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer´s account. The various possibilities are displayed in the product basket and are described in the info area of our websites.

(3) SerialCart hereby reserves the right to fill the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offeror of the respective payment mode has rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order.

(4) Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.

(5) Cheques are not accepted.

(6) For each payment, SerialCart shall be entitled to charge consumers transaction/handling fee of at least 3-5 percentag above the applicable base rate.

(7) Any set-off of counterclaim shall not be permitted unless proven at law or if undisputed. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.

  1. Reservation of Title

All items delivered by SerialCart remain our property until such items have been paid in full and all claims resulting from the transaction have been met. This shall also apply to conditional claims.

If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of items owned or co-owned by SerialCart must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which SerialCart undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims (including all claims for balances under the current account) which arise in connection with the items being sold on or on any other legal grounds to SerialCart. The customer is hereby irrevocably entitled to collect on its behalf and for its account all claims assigned to SerialCart. This direct debit authorisation may be revoked if the customer does not meet its payment obligations in an orderly manner.

8Right of revocation for consumers

Revocation right

If you are a consumer, you are entitled to cancel this contract without stating reasons for such action. The revocation period is fourteen days from the day on which you, or a third party stated by you who is not the carrier, have taken possession of the last goods. To exercise your revocation right you need to inform us, AiOEX GmbH, Fahngasse 6/2/20B, 1220 Vienna, Austria, contact: support.SerialCart.com, +43-680-400-4191, by way of an unequivocal declaration (e.g. a letter sent by post, facsimile or an e-mail) of your decision to cancel this contract. If you make use of this option, we shall send you confirmation of receipt of such a revocation without delay (e.g. by e-mail). Sending the notification of exercising the revocation right prior to expiry of the revocation period is deemed sufficient with regard to honoring the revocation period.

 

  1. No revocation right

Due to the nature of digital content a revocation right does not apply to orders which are delivered digitally.

  1. Assignment of Claims

The customer shall not be entitled to assign his/her claims under this contract.

  1. Data Protection

(1) Our data protection procedures are in conformity with the applicable data privacy laws.

(2) SerialCart shall use the customer´s E-Mail address only for information letters which accompany the orders and, if desired by the customer, for its own newsletters. Additionally, SerialCart sends to the customers via E-Mail regularly diligently chosen offers of similar products of its product range. The customer is entitled to object to the use of his/her E-Mail address for marketing purposes by formless E-Mail, without incurring costs other than the transmission costs based on the basic tariff.

(3) SerialCart shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.

(4) The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked.

  1. Miscellaneous

(1) These standard terms and conditions contain all rights and obligations of the contract parties.

(2) If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and cheques.

(3) Duty to inform according to section 36 VSBG

SerialCart is generally not legally obligated and not willing to take part in dispute resolutions through Consumer Arbitration Services.

(4) The laws of the Republic of Austria shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.

(5) General Data Protection Regulation law applies to all activities of SerialCart.

(6) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.

 

Revision: 3. Dec. 2019.