Only the following conditions apply to all orders and sales through our web shop, by e-mail, by phone/fax or surface mail. Deviating clauses only apply if acknowledged by us in writing.
All our offers are subject to confirmation, price changes and errors.
All products are made available as a download after payment is received. No physical goods are delivered. After payment has been received, the customer will promptly receive a confirmation mail containing the invoice (confirming the receipt of the payment) and the download link.
The order of a customer legally forms an offer, the contract is entered through our explicit confirmation of acceptance or by shipping the goods. The pages of our webshop do not form an offer ("Angebot") in the sense of the Austrian ABGB.
Before sending the final order, the customer will get the possibility to correct all aspects of the order in the webshop. Detailed information on this will be shown directly in the order process of the webshop.
As soon as the order was properly sent, the customer will be shown a confirmation of the submission on the web page. The confirmation will also be sent to an email address provided by the customer. This confirmation of sumission does not constitute an acceptance of the order by us.
The customer is bound one week (7 days) by his order.
All invoices and bills are in Euro. If advance payment is done from abroad, the customer needs to ensure that all charges are paid by the customer and we receive the full amount.
Right of revocation (only for end users in the sense of §1 Austrian KSchG):
Any private customer ("Verbraucher" in the sense of §1 Austrian KSchG) has the right of revocation of the contract within 14 days (excluding the day of the contract) after concluding the contract without giving a reason.
To revoke the contract, please fill in the following form and return it to us by e-Mail (email@example.com) or registered surface mail (Open Tools, Reinhold Kainhofer, Wickenburggasse 16/3, A-1080 Vienna, Austria):
To: Open Tools, Reinhold Kainhofer, Wickenburggasse 16/3, A-1080 Vienna, Austria
We/I* hereby revoke the contract we/I* concluded regarding the purchase of the following item(s)*:
Your Name: _________ (Please fill in your name, as given during the order checkout process)
Your Address: ___________
Order number: _____ Order date: _________
Articles: ______ (please list all articles, where you want to withdraw)
Date: _____________ (current date of the withdrawal)
Signature: ____________ (only when sent by surface mail)
*Please delete where inapplicable
The revocation form has to be sent within the 14-days period.
If you revoke the contract, you will be refunded all your payments, your order will be marked cancelled and all access to the corresponding products will be revoked. In turn, you are obliged to return all physical goods within 14 days (at your cost) and delete all electronic goods, for which the contract was cancelled.
The right of revocation ends if the customer initiates the download of the software prior to expiry of the revocation period. By downloading, the customer explicitly acknowledges his consent to the termination of this right. As the customer explicitly confirms these terms during checkout and the order confirmation e-mail contains these terms and the information about the right of revocation, all requirements of § 18 Abs. 1 Z 11 Austrian FAGG are fulfilled.
In all other cases, we do not grant refunds, unless the software is clearly unfit for its described purpose and we are responsible for this unfitness.
Data processing: We hereby notify you that we are storing and processing your data via electronic data processing, in as far as necessary for the business and allowed by the corresponding data protection laws. The customer also agrees that the following personal data will be processed for the handling of the order and to inform you about new products: Name, Adress, e-Mail, Phone/Fax. For tax purposes (proof of origin) we also store the full IP address of the computer, where each order was posted, for a period as required by law.
Agreement to the reception of advertizing emails - and revocation: The customer agrees to the reception of newsletters and other messages via email from our company about our products, current offers and other company-related information. The customer can revoke his agreement to the reception of such messages at any time by replying to the sender email address of such a message, stating that the reception of such messages is no longer desired. Alternatively, the message might contain different instructions how to revoke the agreement.
Unless the applicable law stipulates otherwise, the venue of law is Vienna, Austria.
(General Terms and Conditions, Open Tools, April 24, 2015)