General Terms and Conditions

Scope of application of the Terms and Conditions

The following Terms and Conditions in their current version at the date of service shall govern all business relations between you (the customer) and the Austrian Computer Society (OCG). Any conflicting terms or terms at variance with the existing Terms and Conditions are explicitly waived and excluded. The OCG shall not recognise any other terms put forward by you unless agreed expressly in writing.

Information according to e-commerce law

Legal form of the OCG: registered association, seat Vienna
Austrian registration office: Bundespolizeidirektion Wien, ZVR 125777049

Austrian Computer Society (OCG)
[Österreichische Computer Gesellschaft]
Wollzeile 1, 1010 Wien

UID: ATU 36822300

Phone: +43 1 512 02 35
Fax: +43 1 512 02 35 - 9
E-mail: office@ocg.at

Contrac

A contract shall be formed when you place an order and the OCG accepts this order. You can place an order

  1. in writing
  2. by forwarding a filled in online order form as provided by the OCG on the internet
  3. by forwarding the necessary order details via e-mail.

The OCG accepts the order by sending an e-mail with the confirmation or order to you. If an order is refused or the service cannot be rendered the OCG will inform you without delay and any payment will be refunded.

Please note that you will find important information about the OCG published on the web. Insofar as the information cited in § 5a KSchG (Austrian consumer protection law) does not pertain directly to the offers, it is made available on the website www.ocg.at. With regard to consumer transactions the OCG shall communicate a written confirmation of the information according to § 5a KSchG in time during the fulfilment of the contract and at the latest at the delivery of the goods. The OCG will do so in addition to the information published on the web and insofar as it has not been given upon conclusion of the contract. The above written confirmation shall also be made available to you on a durable medium. Information about the withdrawal right of the consumer, the address of the OCG office for complaints and the current liability terms as well as cancellation terms shall also be communicated.

Delivery

The OCG delivers the ordered goods to addresses in Austria and abroad. If a proposed delivery term cannot be kept you shall be informed electronically. The delivery shall be made to the address you have supplied.

Withdrawal

You have the right to return the goods and be reimbursed to all your payments or to exchange the delivered goods without giving any reason within 14 days after you have acquired the goods.

Insofar as you are a consumer in the sense of the Austrian consumer protection law, you shall meet the deadline if you send back the goods to the OCG in time. The goods must be unused, undamaged and in their original packaging. You shall bear all costs and risks of returning the goods. For all other matters of withdrawal the provisions of § 3a KSchG are applicable.

Terms of payment and shipping costs

The price at the time of your placing a binding order applies. All prices contain 10% VAT and do not include shipping costs. The shipping costs depend on the scope of the delivery.

Payment

We offer eps payment or payment by credit card (only VISA or Mastercard). In case of default of payment you will receive reminders – either by e-mail or by post, both shall be admissible. Please not that you will be charged a reminder fee.

Reservation of ownership

All goods shall remain property of the OCG until complete payment.

Liability

The claims for damages of contractual and non-contractual liabilities shall be limited to malice, wilful act and gross negligence. In the event of slightly negligent breach of contract our liability is limited to the contract typical and foreseeable. The same applies to breach of duty on the part of our vicarious agents. Any further claims shall be excluded. Our liability according to the Austrian consumer liability act, according to warranty and personal damages shall remain unaffected.

You are obliged to save any data which are stored on the goods before sending them back. We do not assume any liability for loss of data on the devices returned to us.

Warranty and liability

The warranty period shall be two years starting with the date of delivery of the goods. You shall inform us in writing about obvious defects immediately (seven business days at the latest) upon delivery of the goods. In case of a warranty claim the OCG shall be entitled to remedy the effect, make a replacement delivery or reimburse you. If the remedy or replacement fail, you shall be entitled to withdrawal from the contract. You shall not be entitled to any further claims, in particular damages, unless the damage has been caused intentionally or by gross negligence on part of the OCG.

The OCG does not warrant any damages unsuitable or improper use by the buyer and/or third parties, natural wear, faulty or negligent handling, unsuitable equipment and material, or improper modifications by the buyer and/or third parties.

Limitation of liability

The OCG obtains information and data with maximum care and makes them available to the user. Despite great care it shall not assume any liability for absolute completion and accuracy. This is particularly true for information that has been gathered on the Internet. The OCG shall not assume any liability for the accuracy or working of website links and e-mail addresses. The OCG shall not be liable for direct or indirect damages due to the non-execution of an order, except for any total or partial reimbursement of the order value.

Data protection

You provide personal data which are necessary to form a contract, we store them for our business transaction but we do not pass them to a third party. We shall handle all your data strictly confidential and protect them from illegal access. Your data shall be passed to a third party only if it is necessary for the execution of the order or service. For further informormation: www.ocg.at/en/ps#webshop

Place of jurisdiction, applicable law

Austrian Law applies, particularly the Special Provisions on Computer Programs and Protection of the Maker of a Database according to §40 a-h and also §76c-e of the Austrian Copyright Law (UrhG). Place of jurisdiction for all parties is Vienna, if the licensee is a consumer it is his the domestic place of jurisdiction.

If any provision of this agreement is held to be invalid or unenforceable then the remaining provisions of this agreement shall remain in full force and effect; in that event all those provisions shall remain valid which are legally effective and which come closest in intent to the invalid provisions. This applies mutatis mutandis in the case of a contractual gap. You declare that you have the right to conduct business according to Austrian Law.

Version: January 2015