§ 1 Scope, Definitions
(1) These general terms and conditions (hereinafter “GTC”) apply to all contracts concluded between us via our online shop www.puresoft.at,
Puresoft pure software
2344 Maria Enzersdorf
+43 (0) 664 243 77 04
VAT number: ATU67776766
IBAN: AT06 1420 0200 1049 0090
and you as our customer.
(2) These GTC apply exclusively to consumers. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity.
(3) The version of our General Terms and Conditions valid at the time the contract was concluded shall apply.
§ 2 Conclusion of contract
(1) The offer of our products in the online shop, www.puresoft.at, is non-binding and does not represent a legally binding offer.
(2) The customer can choose from the range of Puresoft products and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept General Terms and Conditions” button and thereby included them in his application. The current terms and conditions can be called up and downloaded at any time.
(3) Puresoft then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt only documents that we have received the customer’s order and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection.
§ 3 Delivery, availability of goods
(1) Goods ordered via the online shop puresoft.at are delivered digitally or can be downloaded by the customer himself.
§ 4 Retention of title
The goods sold by us remain our property, the customer acquires a time-limited right of use with his purchase.
§ 5 Prices and shipping costs
(1) All prices stated on the Dermipura website include the applicable statutory sales tax.
§ 6 Payment modalities
(1) The customer can make payment by bank transfer, PayPal, Visa or Mastercard.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay us interest on arrears at a rate of 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay interest on arrears does not exclude our assertion of further damages caused by arrears.
§ 7 Warranty for material defects, guarantee
(1) The contractor guarantees that the software fulfills the functions described in the associated documentation.
(2) The prerequisite for troubleshooting is that
- the client describes the error sufficiently in an error message and this can be determined by the contractor
– the client provides the contractor with all the documents required for troubleshooting
– the customer or a third party attributable to him has not made any changes to the software
– the software is operated under the intended operating conditions in accordance with the documentation
(3) In the event of a warranty, improvement has priority over price reduction or rescission. If the notice of defects is justified, the defects will be remedied within a reasonable period of time, whereby the client enables the contractor to take all measures necessary to examine and remedy the defects.
The assumption of defectiveness according to § 924 ABGB is excluded.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Pureoft, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) Liability for indirect damage – such as lost profits, costs associated with business interruption, loss of data or claims by third parties – is expressly excluded.
(3) The provisions of the Product Liability Act remain unaffected.
§ 9 cancellation policy
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform Puresoft of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail).
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
The quickest way to contact us is to send an email to email@example.com