§ 1 Area of validity, definition of terms
(1) ACMIT GmbH, Viktor Kaplan-Straße 2, 2700 Wiener Neustadt, Austria (further: “we” or “ACMIT.at”) operates an online shop for goods on the website https://acmit.at. The following general terms and conditions apply to all services between us and our customers (further: “customer” or “you”) at the time of the valid order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://acmit.at.
(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going ordering procedure provided in our online shop. The order is done by the following steps:
1. Selection of the desired goods,
2. Adding the products by clicking the appropriate button (e.g. “In the shopping cart”, “In the shopping bag”, etc.),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking the appropriate button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entering / checking the address and contact details, selecting the method of payment, confirming the terms and conditions and cancellation policy,
6. Complete the order by clicking the “Buy Now” button. It represents your binding order.
7. After the order has been placed, we will send an automated order confirmation, with which the contract is not yet concluded. The contract is concluded when we accept your order expressly within 5 working days by a separate email.
(4) If the contract is concluded, the contract is concluded with ACMIT Gmbh, Viktor Kaplan-Straße 2, 2700 Wiener Neustadt, Austria.
(5) Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the data of order, the terms and conditions and the cancellation policy, is carried out by e-mail afterthe activation of the order, partly automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by canceling the order process prematurely, with closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is automated by e-mail partially. Therefore you must ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is ensured technically, in particular, is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject of the contract in our online shop is:
1. The sale of goods. The specific offered goods can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless otherwise agreed expressly, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the prices stated, shipping costs may apply for the delivery of products, as long as the respective article is not shown as free shipping. The shipping costs will be clearly stated on the offers, possibly in the shopping cart system and on the order overview.
(4) All products offered are ready for immediate dispatch (delivery time: 3-5 work days after receipt of payment), unless stated otherwise clearly in the product description.
(5) The delivery area restrictions: Delivery takes place in the following countries: Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention with regard to claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of revocation
As a consumer you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability for slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to this is limited to the foreseeable damage typical to the contract. An essential contractual obligation is one fulfillment, that enables the proper execution of the contract in the first place, the violation of that put the achievement of the contractual purpose at risk and that compliance you can regularly rely on. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
As contract language german will be available exclusively.
§ 9 Warranty
(1) The guarantee is based on the statutory provisions.
(2) The warranty period for goods delivered is 12 months for entrepreneurs.
(3) As a consumer, you are asked to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all litigations from contractual relationships between the customer and the supplier is the seat of the supplier.