1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of toptradertools a registered trademark of EWIT - DI Erich Wessely (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in the online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 Unless otherwise agreed, these GTC shall also apply accordingly to contracts for the provision of license keys. In this case, the seller owes the provision of a license key for the use of the digital content or digital services described by it (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description of the seller is decisive for the quality of the digital product.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.5 An entrepreneur within the meaning of these GTC 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.
2 Conclusion of contract
2.1 The Products are sold to you via our payment service provider Verifone Payments B.V. (formerly known as Avangate B.V.) or Avangate Inc. or one of its subsidiaries operating under the name 2Checkout (hereinafter “Payment Provider”).
2.2 By making a purchase, the customer agrees to the Payment Provider's terms of use. These can be viewed at https://www.2checkout.com/legal/.
2.3 The contract is concluded after payment in the online store with the transmission of the license key.
3. right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 In the event of revocation, licenses already issued lose their validity.
4 Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are net total prices, excluding taxes and additional costs (e.g. transfer fees, exchange rate fees or import duties or taxes) for which the seller is not responsible and which are to be borne by the customer.
4.2 Any applicable taxes and/or additional costs will be shown in the payment provider's order process prior to payment.
4.3 The customer will be informed of the payment option(s) in the online store during the ordering process.
5 Rights of use
5.1 The license key provided entitles the customer to use the digital product shown in the respective product description of the seller to the extent described therein.
5.2 If third party data is used when using our products, the buyer requires the consent of the respective provider, unless otherwise agreed.
5.3 Provided license keys are bound to the buyer. They may not be passed on to third parties.
5.4 The Buyer is not entitled to
5.4.1 to circumvent technical limitations of the software supplied by the Seller
5.4.2 reverse engineer, decompile or disassemble the software supplied by the Seller
5.4.3 to rent, lease or lend the software supplied by the Seller
6 Disclaimer
6.1 The software purchased by the Buyer from the Seller is licensed “as is”, “with all faults” and “as available”. The Buyer bears the risk of use as well as consequential damages resulting from use.
6.2 Buyer may recover from Seller only direct damages up to the amount paid by Buyer. Buyer may not recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
7 Place of jurisdiction
7.1 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
8 Alternative dispute resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
8.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.