General Terms and Conditions
§ 1 Validity, Definitions of Terms
(1) Dr. Wolfgang Lechthaler (owner), Eutaxa -TB für Biologie, 2029 Riegersburg, 101, Austria (hereinafter: “we” or “Eutaxa Shop”) operates an online store for goods and digital goods under the website https://www.eutaxa.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these Terms and Conditions, “consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://www.eutaxa.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) The following regulations apply when an order is received in our online store: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods and digital goods,
- Add the products by clicking on the corresponding button (Add to basket),
- Checking the details in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with Dr. Wolfgang Lechthaler (owner), Eutaxa -TB für Biologie, 2029 Riegersburg, 101, Austria.
(5) Before placing an order, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject Matter of the Contract and essential Characteristics of the Products
(1) The subject matter of the contract is our online store:
- The sale of goods. The specific goods offered are the hardware copy protection (Wibu Key) for activating the downloaded products.
- The sale of digital goods in the form of electronic programs for the determination of indicator organisms.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the function-maintaining updates and necessary security updates are also part of the contract. As this is a one-off sale of a program, the updates are provided for a period of time that can reasonably be expected by consumers.
(3) The essential characteristics of the goods and digital goods can be found in the item description and on the Eutaxa website in the product descriptions and the description of the Eutaxa software. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(4) For the sale of digital products, the license agreements available on the website (https://www.eutaxa.com/warenkorb/) as well as the restrictions evident from the product description or otherwise resulting from the circumstances, in particular regarding hardware and/or software requirements for the target environment, also apply. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or to sublicense.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices quoted in the respective offers are total prices and include all price components including shipping costs and all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) When purchasing on account, the minimum order value is € 20.00 and the maximum order value is € 10.000 for this payment method.
(4) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.
(5) All downloads are available to the customer free of charge with no time or quantity limits. The hardware copy protection is usually ready for dispatch immediately, but there may be a waiting period of several days in the event of bottlenecks. The delivery of the Wibu Key or its activation by email takes place immediately after receipt of payment.
(6) Delivery is worldwide.
§ 5 Updates, Obligations of the Consumer to cooperate
(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description. The provision of updates takes place over a period that can reasonably be expected by consumers.
(4) Consumers are informed by email about the provision of updates and how to install them correctly. Furthermore, updates are announced in good time on the company website at www.eutaxa.com.
(5) The customer is obliged to install provided updates properly in accordance with the installation instructions.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our revocation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
(3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and of whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely attributable to the absence of this update.
§ 9 Contract Language
The contract language is exclusively German.
§ 10 Warranty
(1) The warranty is governed by the statutory provisions.
(2) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the deliverer of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 11 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.