General Terms and Conditions of XKEY GmbH WebShop

(valid from 15. Mai 2018)

Impressum

X KEY GmbH

Gerstlgasse 30, 1210 Vienna, Austria

T +43 1 2784318-0
F +43 1 2784318-10
E [email protected]
W www.xkey.at

Company register: FN 307575 t
Firmengericht: Handelsgericht Wien
Executive Director: Ing. Michael Herdy

UID / UstID: ATU64070267

Bank Details: XKEY GmbH bei Raiffeisenlandesbank NÖ-Wien AG
IBAN: AT413200000000201590
BIC: RLNWATWW

Member of the Vienna Chamber of Commerce
Division / Occupational Group: Computer and Office Systems Trading

Authority according ECG: Municipal District Office of XXI. District

Informationspflicht lt. ECG (eCommerce Gesetz) und Mediengesetz

Any specific professional regulations can be found on the website of the Rechtsinformationssystem des Bundes

Voluntary Conduct Guidelines: www.guetezeichen.at

1. General
Our offer is exclusively for companies.

The general terms and conditions apply to the sale and delivery of goods as well as the provision of services by our company. By clicking the checkbox in the shopping cart before submitting the order “I have read and accepted the general terms and conditions.” The buyer agrees to these terms and conditions and is bound to them.

Our offer is not binding. The order of the fully capable customer (persons over the age of 18) represents an offer to conclude a purchase contract. The confirmation sent by us after receipt of the order within the meaning of § 10 Abs 2 ECG does not constitute acceptance of the offer Purchase contract comes off as soon as we deliver the ordered goods, by sending a second e-mail as an order confirmation or by any other acceptance of the customer offer. All offers on our website are non-binding, without obligation and only available while stocks last.

2. Ordering process, order correction, order cancellation
If you have selected the desired product, you can put this without obligation by clicking the button [into the shopping cart] in the shopping cart. You can view the contents of the shopping cart at any time by clicking on the [Add to shopping cart] button without obligation.

You can remove the products from the shopping cart at any time by clicking the button [Delete]. If you want to buy the products in the shopping cart, click on the [Continue to checkout] button.

Please enter your details. For the first order registration as “new user” is required. For further orders it is sufficient to enter the login and password defined by the user during the initial registration. Your data will be encrypted.

After entering your data and selecting the type of payment and delivery, you can check your entries again. By clicking on the button [“Send order”] you conclude the order process. By pressing the “back arrow” of the browser you can correct the entries. The ordering process can be canceled at any time by closing the browser.

We save the contract text and send you the order confirmation by e-mail. By logging in, you can view and change your orders and personal data at any time.

3. contract language
The content of the contract, all other information, customer service, data information and complaint processing are offered in German and English.

4. Prices
The prices are valid at the time of the order. They are visible in the shopping cart before the conclusion of the contract and then in a confirmation of contract sent to the customer. Should export or import duties become due in the course of shipment, these too will be borne by the customer (information can be obtained from your local customs office).

5. Right of rescission
Our offer is exclusively for companies.

6. Payment
We accept the following payment methods:

CreditCard (MasterCard and Visa)

Payment is handled by our credit card partner Wirecard Central Eastern Europe GmbH, which forwards your payment. Your credit card information will not be saved by XKEY GmbH. When making a credit card payment, a secure connection to the payment gateway (WIRECARD) will be established where they will be required to enter your personal information and the payment will be processed online.

Support:
[email protected]Tel.: +43 316 813681-1800

Sofort

Easy and direct payment
With the TÜV-certified payment system Sofort, thanks to PIN & TAN, without registration, you can pay easily and securely with your usual online banking data. “Sofort” is the direct transfer procedure of Sofort GmbH – A Klarna Group Company. The trader receives a real-time confirmation after completion of the transfer. So he can ship goods in stock and digital goods immediately – so you get your purchases faster.

PayPal

It works so easy

With PayPal you pay easily, safely and quickly your purchases. Select the payment method “PayPal” when ordering online. After submitting the order, you will automatically be redirected to PayPal’s secure payment form. If you already have a PayPal account, just log in. Otherwise, click on “Account Setup” and follow the instructions. The final confirmation of your PayPal payment immediately credits the amount to XKEY. For more information about the security of PayPal, visit www.paypal.at .

Invoice (only for B2B customers in the EU with UID / UstID entered in the account and verified)

After the purchase, you will receive an invoice by e-mail. The invoice amount is to be paid by bank transfer. Please indicate when transferring your billing and customer number as the intended use. Invoices are to be paid after receipt of invoice without deduction. Note: We reserve the right to conduct a credit check and only deliver to customers with sufficient credit standing for an open account. In individual cases, we reserve the right to change the payment method you have selected.

Bank details: XKEY GmbH at Raiffeisenlandesbank NÖ-Wien AG
Bank code 32000 account no. 201590
IBAN: AT413200000000201590
BIC: RLNWATWW

Immediately afterwards you will receive an order confirmation to the e-mail address you provided.

In any case, you will receive from us after delivery a digital PDF invoice for your accounting.

The delivery usually takes place within 24 hours to the specified email address. You will receive access data for the ProductActivationManager to activate the license online.

product activation

The products are installed as DEMO version in the workplace and can be tested for 30 days with all functions. A terminal server is automatically detected and the demo version activates up to 25 user / sessions for 30 days. Then the software must be activated as a full version, otherwise a DEMO stamp will be applied to the generated documents. The licenses are tied to the workplace.

When purchasing a full license, you will receive access data to the ProductActivationManager and can activate this demo version as a full version. The unlock key is retrieved via a server installed in our house and accessible via the internet.

7. Delayed payment
In case of dealyed payment of the customer, we are entitled to demand the statutory default interest.

8. Reminder and collection charges
The contracting party commits itself in the event of default, even in the case of non-culpable default of payment, to us the dunning and collection charges, insofar as they are necessary for appropriate legal action and in relation to the claim to replace, in particular, he undertakes in the case of If a collection agent is involved, we will reimburse us for the costs incurred by us, insofar as these do not exceed the maximum rates of the collection agencies. If we operate the dunning system ourselves, the debtor undertakes to pay an amount of EUR 12.- per reminder and an amount of EUR 5.- per half year for the evidence retention of the debt in the dunning process.

9. Reservation of proprietary rights
We reserve the title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells the goods subject to retention of title, then he also has to pass on the retention of title. Access by third parties to our goods subject to retention of title must be reported to the customer without delay. Pledges, chattel mortgages and the like of the reserved goods are only permitted with our prior consent. If payment is not made immediately after a reminder payment is made, our retention of title goods shall be surrendered without delay.

The return costs are at the expense of the customer.

10. Data protection
The protection of your personal data is very important to us. Therefore we process your data exclusively on the basis of the legal regulations (DSGVO, TKG 2003). This privacy statement is intended to provide information about the nature, scope and purpose of the collection and processing of your data.

We, the XKEY GmbH, are the person responsible for data protection in the sense of data processing. If you have any questions regarding the collection, processing or use of your personal data, please contact us in writing:

XKEY GmbH, Gerstlgasse 30, A-1210 Vienna or by e-mail at [email protected]

Collection and processing of your data

If you open a personal customer account as part of our website in order to place an order, or if you place an order in our online shop as a guest, or make an order by email, telephone or post, we collect the following personal data about you:

Title,
title and name
company
VAT ID
address
phone number
E-mail address

Your data is collected exclusively on a voluntary basis and is only used to execute the contract. In the case of the opening of a personal customer account, the aforementioned personal data as well as possible deviating delivery addresses, your order history, your personal notepad and your personal wish list will be processed and used beyond the processing of the individual orders. In addition to the legal retention period, the data is used for any maintenance agreements, terms and purchase history. If you would like to delete a customer account set up with us, please inform us either in writing by post at the address XKEY GmbH, Gerstlgasse 30, A-1210 Vienna or by e-mail at [email protected] Without your express prior consent, the data will not be passed on to third parties or used for other purposes.

Payment for credit cards or immediate payment via our credit card partner Wirecard Central Eastern Europe GmbH who forwards your payment. Your credit card information will not be saved by XKEY GmbH. When making a credit card payment, a secure connection to the payment gateway (WIRECARD) will be established where they will be required to enter your personal information and the payment will be processed online. Our payment partner encrypts your credit card details via SSL. Further information on data processing by our payment partner can be found in the privacy policy of our payment partner at https://www.wirecard.de/datenschutz/

The information you provide will be processed solely to process your order and fulfill the contract between you and us. Data processing is based on the legal basis of Art 6 para 1 lit b DS-GVO. After completion of the contract and full payment of the purchase price, your data will be archived and deleted after expiry of the tax and commercial retention periods or the deadlines in accordance with the Product Liability Act, unless you have consented to the further use of your data. In the case of cancellation of the purchase process without conclusion of the contract, the data stored with us will be deleted.

Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract execution or settlement or if you have given your consent. As part of the order processing, for example, the service providers we use here (for example, shipping companies, logistics companies, payment service providers) receive the necessary data for order and order processing. In the case of a statutory provision, an official order or an official investigation, however, we are legally obliged to provide the respective data to the authority.

Visiting the website / use of cookies

As part of your visit to our website, we collect personal data in the technically necessary extent (name of the retrieved file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL and the requesting provider) , We can not associate this information with specific individuals or with data from other data sources.

Please be aware that cookies are used when visiting our website. Cookies are small files or other forms of information storage that are transmitted from our web server or third-party web servers to the users’ web browsers and stored there for later retrieval. The cookies used when visiting our website are for the sole purpose of simplifying the purchasing process (eg by storing the items stored in a shopping cart) and to enable the use of certain functions of our web shop. The cookies we use are deleted from your hard drive after the browser has been closed (session cookies). The collection of these data is based on § 96 (3) TKG.

We also use cookies for the statistical analysis of the use of our website as part of the web analysis service Google Analytics (see below). The collection of these data is based on Article 6 para 1 lit. f DS-GVO.

If you have previously consented thereto in accordance with Article 6 para 1 lit a DS-GVO, during your visit to our website cookies from third-party providers are used for the purpose of collecting and evaluating your user behavior. The consent to this use of cookies is made by the inclusion of a banner explaining the nature and extent of the use of these cookies and allowing you to agree to the use of cookies or reject them. In any case, no such cookies will be used prior to your consent. Failure to accept cookies may limit the functionality of our website.

Use of Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), 1600 Amphitheater Parkway Mountain View, CA 94043, USA. As part of “Google Analytics”, cookies are set on your computer to statistically evaluate your use of our website. We’ve entered into a contract with Google to process the order data.

The information generated by these cookies about your use of this website (including your IP address) is anonymized before it is stored on Google servers, so that it can no longer be assigned to a computer. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services related to website activity and internet usage. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. For more information on how to handle user data on Google Analytics, please refer to the Google Privacy Policy:

https://support.google.com/analytics/answer/6004245?hl=en
You can prevent the collection of the data generated by the cookies and related to your use of the website as well as the processing of the anonymized data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google. com/dlpage/gaoptout? . We point out, however, that you may not be able to use all the features of this website in this case.

data security

Your contract data will be encrypted using the SSL method (see also: LINK to FAQ, insert security or similar) over the Internet. We secure our website and other systems by technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons.

Rights as person concerned

You have the right to information about your personal data, as well as the right to rectification or deletion or limitation of processing. Likewise, they may object to processing and have the right to transfer their personal data in a structured, machine-readable form. For all mentioned rights please contact the contact details of the responsible person.

right to complain

You also have the right to file a complaint with a regulatory authority. For Austria, this is the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Telephone: +43 1 52 152-0, E-Mail: [email protected], Web: https://www.dsb.gv.at/ ,

11. Warranty and liability
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the time the goods were accepted by the buyer or from services with the completion of the service. In the case of legitimate defects, either a free replacement or an improvement is made, for which a reasonable period is to be granted. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery etc.), then the buyer is entitled to a price reduction or, if the defect is not insignificant, cancellation of the contract (change).

Occurring defects are to be announced as far as possible upon delivery or after becoming visible, whereby omission of the announcement upon delivery or after becoming visible by a consumer has no influence on its warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must examine the goods no later than 2 weeks after receipt and inform us immediately upon finding a defect.

Our company is only liable for damages caused by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove. The replacement of (defect) consequential damages, as well as other property damage, financial losses and damages of third parties against the customer, if it is not a consumer business, is excluded.

The guarantee is to be asserted with the guarantor (at the manufacturer / sometimes also at the seller, if this is the manufacturer) and takes place according to its regulations. Any warranty conditions, please refer to the contract confirmation. The use of the guarantee does not limit the statutory warranty.

12. Applicable law, jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer is domiciled or habitually resident or domesticated, an action against him may be motivated only by the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated; this does not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded.

For contracts with companies, our registered office is the place of jurisdiction.

13. Place of fulfillment for business transactions
Place of fulfillment for all services from the contract is our registered office.

14. Copyright
All news, graphics and the design of our website are solely for the personal information of our customers and are protected by copyright.

15. Conciliation Board
We undertake to participate in disputes in the mediation process of the Internet Ombudsman:

Further information on the types of procedure can be found at www.ombudsmann.at.

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

Our e-mail address: [email protected]

16. delivery and shipping
The ordered products are shipped to the e-mail address specified by you. Thus, neither delivery nor shipping costs will be charged.

The delivery of the products is done by software download. This means that you will receive a download link and the activation data from us within 24 hours, or you can also use the activation data to turn your existing DEMO version into a full version.

17. Storage of the contract
The contract text will be stored with us and can be requested from you after completion of the order process. You can print the order data immediately after sending.

18. Others
Recourse claims within the meaning of the Product Liability Act are excluded, unless the person entitled to recourse proves that the mistake was caused in our sphere and at least caused gross negligence.

The contracting party waives the possibility of offsetting. However, this does not apply to consumers.

Voluntary Conduct Guidelines: www.guetezeichen.at