Terms of sale

“edddison technologies”

1. Application of webshop terms

These Webshop Terms are applicable to the edddison Webshop at www.edddison.com and to orders and sale transactions for software and other products available at the Webshop. edddison is a trading name of “edddison technologies” (“”edddison technologies””). The website edddison.com and the Webshop are owned by and operated by “edddison technologies”. “edddison technologies” is the seller of the products.

With regards to your purchases in the Webshop “edddison technologies” will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Offers can be communicated and accepted legally in writing, by email or by fax.

Please read these conditions carefully before placing an order with “edddison technologies”. By placing an order with “edddison technologies”, you signify your agreement to be bound by these Webshop Terms, by the terms of use and by the privacy statement.

2. Our contact details

edddison technologies OG
Annenstrasse 57a
8020 Graz
Austria
E-Mail: inbox[at]edddison.com
Web: www.edddison.com
VAT ID: 71424826
Court of Jurisdiction: Graz

3. Commercial customers and consumers

Our webshop is available to commercial customers and consumers.

  • you are a lawfully operating business entity and are not acting as a consumer,
  • you are permitted by the laws of your country to enter into this Agreement and to purchase the product(s) and
  • your employees, officers, and/or agents accessing our webshop are duly authorized to do so and to legally bind you to this Agreement.

4. Placing an order

To be able to buy products you have to:

  • create an account and provide required information,
  • be at least 18 years of age,
  • provide a valid delivery address and
  • be the owner or authorised holder of a valid debit/credit card or paypal account.

When you create an account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.

5. Right of withdrawal

Consumers in the European Union are entitled to a statutory withdrawal right of fourteen business days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD). This right of withdrawal does not apply to commercial customers. Details of this statutory right and an explanation of how to exercise it are provided in the “Invoice Confirmation E-mail” and the “Dispatch confirmation E-mail”.

You must inform us (“edddison technologies”, Annenstrasse 57a, A-8020 Graz) of your decision to withdraw your order. You may submit your request via e-mail or in letter or use our withdrawal form. To meet the withdrawal deadline, it is sufficient for you to send your communication before the 14 days cancellation period has expired and return the item.

We will reimburse all payments received from you for the goods purchased no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

This right to withdraw does not apply to digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun or a download link and/or license information has been provided.

You must send back the goods by following the instructions available no later than 14 days from the day on which us you communicate your withdrawal. You will have to bear the direct costs of returning these goods. We will not reimburse the costs of returning the goods unless we delivered it to you in error or in case it is faulty. You may be subject to increased return costs if the product cant be returned normally by post. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

The right of cancellation does not apply to:

  • the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalised;
  • a service if “edddison technologies” has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including software, apps etc.) which is not supplied on a tangible medium (e.g. on a USB-Stick or DVD) if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal;
  • the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
  • contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;

6. Pricing, availability und delivery

All prices are inclusive of legally applicable VAT. We will inform you by E-mail if any products you order turn out to be unavailable or the number of products you ordered exceeds the typical needs of an average customer.

In any case we will deliver ordered products not later than 30 days from the conclusion of the contract or if you have chosen to pay in advance from receipt of your payment. If we fail to deliver the ordered products within 30 days from the conclusion of the contract the costumer shall call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the goods within that additional period of time, the costumer shall be entitled to terminate the contract. Some of the items in our Webshop may be mispriced. If we have made a mistake and a product’s correct price is different from the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

7. Product information

While we work to ensure that product information on our website is correct, actual product packaging and materials may have minor deviations to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. “edddison technologies” accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

8. Software

You are entitled to use our software (edddison) as permitted by the Software License Agreement. You accept the Software License Agreement if you install our software on your PC. In the event of any inconsistencies between this Webshop Terms and the Software License Agreement the latter shall take precedence. The right to revoke your offer or to withdraw from a contract does not apply to digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun or a download link and/or license information has been provided.

9. Taxes and duties

When ordering products for delivery outside of the EU you are subject to import taxes and duties, which are due once the package reaches the destination. Additional charges for customs clearance must be paid by you; Please be aware that when ordering you must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject
to inspection by customs authorities.

10. Warranty

For commercial costumers we offer a 6 months warranty on products purchased online. The statutory warranty period for consumers is two years. The statutory warranty is in effect from the invoice date and does explicitely not apply to our software. Software is provided “as is” unless provided for otherwise in the Software License Agreement. If any product provided by “edddison technologies” which is the subject of this statutory warranty fails during the warranty period for reasons covered by the warranty we will at our sole discretion

  • repair the defect within reasonable time, using new or refurbished replacement parts; or
  • replace the product with a product that is new or which has been manufactured from new or serviceable used parts within reasonable time; or
  • reduce the price of the product or refund the value of the product.

Commercial customers are obliged to examine the goods/software for any non-conformity in terms of quantity and quality within a reasonable period of time; any notice shall be considered submitted in due course if it is received by the supplier within a period of 2 weeks from the receipt of goods or, in the case of hidden defects, from the detection of such defects. Any warranty and liability for defects shall be excluded if the commercial customer has not fulfilled his duty to examine and give notice of defects within a reasonable period of time (§ 377 UGB).
If a product is defective, transportation charges for the return of the product to our costumer within the European Union will be paid by us. For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges. We will not be liable for any other costs associated with the replacement or repair of the product, including labor, installation or other costs incurred by the buyer.

Contact us by E-mail or phone to request warranty service. Please provide your name and contact details (phone number, E-mail); the name and serial number of the product and a detailed explanation of the defect. This statutory warranty and any other warranty that may be applicable under national law apply only to the original buyer of the product. This warranty complies with the statutory requirements.

11. Liability

“edddison technologies” and its affiliates are not responsible for

  • losses that were not caused by any breach on our part, or
  • loss of revenue; loss of contracts; loss of actual or anticipated profits; loss of anticipated savings; loss of business; loss of operation time; loss of, damage to or corruption of data; loss of opportunity; loss of goodwill; loss of the use of money; loss of reputation; or
  • any direct, indirect or consequential losses that were not foreseeable to both you and us when the order for the sale of products by us to you was accepted.

Nothing in these conditions shall exclude or limit our liability

  • for fraud.
  • for death or personal injury caused by our negligence or wilful misconduct.
  • any other liability which cannot be excluded or limited by applicable law.

There will be no responsibility of “edddison technologies” if the delay or failure arises from any cause which is beyond “edddison technologies”’s reasonable control. This does not affect your right to have the products sent to you within a reasonable time.
Our total liability under any contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of 120% of the value of the purchased goods/software.

We will not charge you for the products until a download link and/or license information has been provided and/or they are dispatched unless you have chosen to pay in advance. You are entitled to revoke your order at any time until we have sent the “Invoice Confirmation E-mail” or “Dispatch Confirmation E-mail”.

12. Payment

“edddison technologies” provides the client with a bookable invoice. Payments can be paid in advance or can be paid arriving in the account named by “edddison technologies” within 14 working days from receipt of invoice.  All payments are gross payments. Default in payment triggers legal consequences of default (default interest) and entitles the collection of an appropriate reminder fee.

“edddison technologies” can make the completion of its services dependent on the full satisfaction of its claim for payment. Complaints concerning the work and/or services of “edddison technologies” do not entitle the client to withhold payment owed to edddison technologies, except in the case of obvious defects. All services are the property of “edddison technologies” until payment in full is received.

13. Amendments

We reserve the right to amend these Webshop Terms at any time and to change our website, privacy statement, terms of use and general terms & conditions at any time at our sole discretion.  All changes will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions. You will be subject to the terms and conditions, policies and Webshop Terms in force at the time that you order products from us, unless any change has to be made by law or government authority. In this case orders that have been previously placed by you may also be affected. We advise you to print and keep a copy of these terms and conditions, your order, the order confirmation E-mail, the invoice confirmation E-mail as well as the dispatch confirmation E-mail.

14. Age

If you are under 18 or not full age according to applicable national law you may only use edddison.com with the involvement of a parent or guardian.

15. Arbitration

These Webshop Terms and all claims resulting thereof are subject to Austrian law. The application of the United Nations Convention of Contracts for the International Sale of Goods (CISG) and the reference provisions of the Austrian Private International Law Act (IPRG) are excluded. The place of fulfillment and jurisdiction is Graz, Austria.
For all disputes arising about the validity of the contract, from the contract itself and after the termination of contract, the competent court for commercial matters in Graz, Austria, defined by the amount in dispute, is declared as having exclusive jurisdiction.

16. General

In the case that any provision of these Webshop Terms becomes invalid or a legal gap is found in these Webshop Terms, the validity of the other provisions of these Webshop Terms shall not be affected.
If you breach these Webshop Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Webshop Terms.
The contracting parties are obligated in this case to agree upon a relevant provision, which comes closest to the will of both parties, to replace the invalid provision or to fill the legal gap as soon as possible.

These Terms of Sale were last modified on Jan, 2017

 

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