Terms of Service
§ 1 Validity, definition of terms
(1) PowUnity GmbH, Feldstrasse 9d, A6020 Innsbruck, Austria (hereinafter: “we” or “PowUnity”) operates an online shop for goods and digital goods at https://powunity.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) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and assume liabilities .
§ 2 Conclusion of contracts, storage of the contract text
(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://powunity.com.
(2) Our product presentations on the Internet are not binding and are not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer makes a binding contract offer by successfully completing the order procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods, digital goods,
- Add the products by clicking the corresponding button (e.g. “Add to shopping cart”, “In the shopping bag” or similar),
- Checking the information in the shopping cart,
- Call up the order overview by clicking the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering / checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Completion of the order by clicking the “Buy Now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the specified email address.
(4) If the contract is concluded, the contract is concluded with PowUnity GmbH, Feldstrasse 9d, A6020 Innsbruck, Austria.
(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and the 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 cancellation policy, is carried out by e-mail, partly automatically, after you have triggered the order. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. »back button« of the browser). You can also be corrected by canceling the order process early, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Object of the contract and essential characteristics of the products
(1) In our online shop, the subject of the contract is:
- Sales of goods. The specifically offered goods can be found on our article pages.
- The sale of digital goods, e.g. Software or media downloads. The specific digital goods offered can be found on our article pages.
(2) The essential characteristics of the goods and digital goods can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise arising from the circumstances apply, in particular with regard to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, provided that the respective item is not identified as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, if necessary in the shopping cart system and on the order overview.
(4) Unless otherwise stated in the product description, all products offered are ready for immediate dispatch (delivery time: 5 working days after receipt of payment).
(5) The following delivery area restrictions exist: Delivery is made to the following countries: Belgium, Germany, Denmark, Finland, France, Italy, Croatia, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Sweden, Switzerland, Spain, Czech Republic, Hungary, United Kingdom, Austria.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.
(2) We accept unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, the liability for property and property damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. In particular, this includes our obligation to act and fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
As contract language german will be available exclusively.
§ 9 Warranty
(1) The guarantee is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to immediately check the object / digital goods or the service provided for the fulfillment of the contract for completeness, obvious defects and transport damage and to inform us and the freight forwarder of complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do 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.