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General terms & conditions

I. Subject and scope
(1) These General Terms and Conditions for Online Sales (hereinafter referred to as “General
Terms”) apply to all purchase orders you place on the Viscovery® online store located at (hereinafter referred to as “Website”) and your subsequent agreement
with Viscovery Software GmbH, Kupelwiesergasse 27, 1130 Wien, Austria (hereinafter referred
to as “Viscovery”) regarding your purchase of Viscovery® software licenses, updates or
upgrades (collectively referred to as “Software”).
(2) In addition to these General Terms, the Viscovery Software license agreement regarding the
Software use shall apply. You can access the corresponding license agreement through the
provided link. You must also accept this license agreement before you can place your order.
(3) These General Terms shall apply exclusively. We do not accept any conflicting or deviating
terms and conditions, unless this has been agreed in the individual case with a legal
representative of Viscovery in writing. Our General Terms shall apply to deliveries even in the
event that the conflicting or deviating terms have not been contradicted by Viscovery.
(4) These General Terms apply equally to commercial entities and consumers. Differing provisions
for consumers have been made where necessary.
II. Order process and conclusion of purchase agreement
(1) The product presentation on our Website does not represent an offer but shall be understood
as a non-binding invitation for the customer to submit an order.
(2) By clicking the “Buy now” button, you send us a binding offer for the conclusion of a purchase
agreement with Viscovery regarding the Software items in your shopping cart (hereinafter
referred to as “Order”).
(3) Viscovery may, at its discretion, accept or reject the Order. Viscovery will accept your Order by
sending an order confirmation or simply by delivering the ordered Software to you. Unless
otherwise stated, the effective date of the purchase agreement is the date on which Viscovery
confirms by email the acceptance of your Order. In case of purchase on advance payment, the
purchase agreement is subject to the condition of and shall become binding for Viscovery only
upon receipt of the full payment for the purchase.
(4) If you place an Order through our Website, the ordering process comprises four steps:
1. You select the desired goods (Software licenses).
2. You check all items in your shopping cart and apply any necessary changes. You click the
“Check out” button to proceed to payment.
3. If you have not already done so, you log into your user account with email and password
and enter the required customer data for the invoice.
4. Finally, on the “Checkout” page, you select the preferred method of payment and confirm
your acceptance of the conditions that shall apply to the purchase. Here, you can again
change the invoice details, check your purchase data and return to the cart by clicking
“Back to cart”. By clicking “Buy now”, your Order becomes binding.
(5) With our order confirmation and/or delivery, we will send you a copy of the corresponding
Order, including the corresponding invoice, to your email address.
©2015 Viscovery Software GmbH General Terms and Conditions for Online Sales Page 2/4
III. Prices, delivery costs, taxes and duties
(1) All prices quoted on our Website are in EURO net, excluding taxes or charges that may apply to
the particular case.
(2) No delivery costs will be charged for the delivery of the ordered Software.
(3) If you are a consumer resident in the European Union or if you represent a legal entity with
registered seat in Austria or a European entity without valid VAT ID number, the legal value
added tax (VAT) applicable for your country is added to the amount of the product price, as
specified on the checkout page.
(4) Any additional custom taxes, duties, fees, imposts, tariffs and charges that may be raised by
particular countries or authorities related to the conclusion or execution of your Order shall be
borne by you. In the event Viscovery is required to pay such charges to any authority, you shall
indemnify and hold harmless Viscovery for any such payments.
(5) In the event of obvious errors on the Website or made in connection with your Order,
Viscovery reserves the right to correct the error and charge you the correct price. In such a
situation, we will contact you and offer you the option of purchasing the Software at the
correct price or cancelling your Order.
IV. Payment conditions
(1) You can select one of the payments methods described on the Website. Viscovery reserves the
right to exclude or include particular payment methods at any time.
(2) In case of payment by credit card, PayPal or SOFORT, your payment will be executed by our
payment service provider PayUnity using their discrete secure infrastructure. PayUnity
reserves the right to decline the processing of payments in cases of suspected fraud or other
(3) If you choose “Prepayment” as payment method, we will send you an invoice including our
banking details by email. You shall be obligated to pay the amount due without delay in full,
including any bank charges for Viscovery. Our acceptance of your Order in this case will be
subject to receipt of your payment.
(4) If your prepayment has not be made within 14 days upon receipt of the invoice, Viscovery will
have the right to rescind the contract; the right of Viscovery to raise claims for damages on
such grounds shall not be affected thereby.
(5) In the event of any payment delay, Viscovery shall have the right to charge default interest in
the amount of 5% above the base interest rate of the European Central Bank valid at the time.
In addition, you shall be obliged to compensate any reminder costs and collection expenses
that have been incurred due to the delayed payment.
(6) You may not set off any amounts due whatsoever from Viscovery against amounts due to
Viscovery, unless expressly allowed by mandatory Consumer protection law.
V. Delivery
(1) Viscovery will send the delivery email to the address indicated in your Order. The delivery
contains the download link, the product license key(s) and the invoice.
(2) Viscovery shall deliver the Software without delay upon confirmation of your successful
payment of the purchase price. Time for delivery shall be prolonged by reasonable periods in
case of force majeure or other events for which Viscovery is not responsible, such as
disruptions in operations, strikes, authority measures, or troubles with telecommunications.
(3) The Software shall remain the property of Viscovery until all liabilities under the Order have
been paid in full, the earlier passing of the risk notwithstanding.
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(4) The deliveries are made at the risk of the purchaser who is responsible for downloading the
Software from the Website and for activating the Software with the license key. Unless
specified otherwise, license keys are valid for the period of one year from the date of delivery.
License upgrades and extensions do not require installation of a new license key but instead
require the existing key to be activated in the Software again.
(5) The Software may be subject to customs and export control laws and regulations. You are
obliged to comply with the regulations and obligations resulting from these export control
laws. Viscovery shall not be liable for any and all limitations with regard to the delivery of the
Software resulting from such regulations and reserves the right to withdraw from the purchase
agreement based on these grounds.
VI. Right of withdrawal
(1) Pursuant to § 11 (1) of the Austrian Distance Selling Act (FAGG), contractual parties who are
consumers may withdraw from a purchase agreement without giving reasons within 14 days of
the receipt of goods. For digital goods such as software downloads, however, this right of
withdrawal lapses if the delivery starts within the withdrawal period, provided the purchaser
expressly consents to the early start of delivery and to the related waiver of the purchaser’s
right of withdrawal, pursuant to § 18 (1) 11FAGG.
(2) You can buy Software from the Website only if you waive your right of withdrawal because
Viscovery will start the delivery without delay after the purchase agreement comes into effect.
(3) By clicking the “I consent to immediate fulfillment of my order and thus waive my right of
withdrawal” button you expressly consent that Viscovery will immediately start with the
fulfillment of the purchase agreement and that you thereby waive your right of withdrawal.
VII. Use of personal information
(1) To register on the Website, you need to specify a login name and a password. Viscovery
further needs your contact information for issuing the invoice. You are responsible for keeping
this information correct, confidential, and up to date.
(2) By completing the contact form, you ensure and take full responsibility that the entered data
truly identifies you as a natural person or as a representative of the specified organization. If
you place an Order on behalf of an organization, you ensure that you have the authority to do
so. In particular, you are responsible that any VAT number you enter is appropriate and
(3) Viscovery is not liable for any consequences that may result from incorrect, incomplete, or
false information you have entered or from data you have changed subsequently to your
(4) In case of online payments, you are required to enter your payment details. Online payment
information related to your Order is processed by Viscovery’s payment service provider
PayUnity. Viscovery does not receive detailed information (such as your credit card number)
from transactions but instead receives information about whether the payment has been
performed successfully or not.
(5) By placing your Order, you agree that your contact and payment information may be used to
process your payment and to execute your Order.
VIII. Data protection
(1) Viscovery shall comply with the provisions of the Austrian Data Protection Act (DSG 2000) and
take all reasonable measures to keep your personal information confidential and secure.
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(2) Viscovery will disclose your personal information to third parties only to the extent necessary
to process your payment, to enforce and fulfill the purchase agreement, to comply with legal
and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or
illegal activities related to the use of the Software.
(3) Viscovery will not disclose your personal information to any third parties for marketing and
advertising purposes without your explicit consent.
IX. Liability
Unless Viscovery is proven to have defaulted intentionally or through gross negligence, claims
for damages or the rescission of the contract on grounds of late delivery is excluded.
Viscovery’s total liability in any matter arising out of or related to these General Terms is
limited to the purchase price.
X. Miscellaneous
(1) Viscovery may assign, transfer or otherwise dispose its rights and obligations under the
purchase agreement with you, in whole or in part, at any time without notice to you. You may
not assign the purchase agreement or transfer any rights hereunder.
(2) If any part of these General Terms is or becomes legally invalid or ineffective, the validity of
the other provisions shall not be affected thereby. In this case, the invalid or ineffective
provision shall be replaced by a provision which comes as close as possible to the economic
purpose of the invalid or ineffective provision.
(3) Viscovery reserves the right to amend these General Terms after prior written notification.
Changes shall apply to your existing purchase agreements only, subject to the conditions that
Viscovery has informed you about the intended changes in writing and that you did not object
to the changes within a period of four weeks.
(4) These General Terms and the Software license agreement constitute the entire agreement
between you and Viscovery regarding your Software purchase and supersede all previous
agreements that may have been made. In case of conflict between these General Terms and
the License Agreement, the latter shall prevail.
(5) Any and all changes and amendments to a purchase agreement concluded with Viscovery shall
be submitted in writing. This shall also apply to a waiver of this written form clause.
(6) The place of performance regarding delivery and payment shall exclusively be Vienna, Austria.
If the purchaser is a consumer, § 14 of the Austrian Consumer Protection Act shall apply.
(7) These General Terms shall be governed by Austrian law, to the exclusion of its conflict of law
rules. The application of the United Nation Convention on Contracts for the International Sale
of Goods shall be excluded. The place of jurisdiction shall be the court having subject-matter
jurisdiction in Vienna, Austria. If you are a purchaser outside the European Union, Viscovery is
entitled to bring action against you regarding all disputes related to the purchase agreement
also at your residence, registered office or place of establishment.