General Terms and Conditions for Digital Products
General Terms and Conditions for Digital Products
Effective from 01.07.2019
1. Preliminary remark
These General Terms and Conditions (GTC) apply to all products supplied by RBT TUNING GMBH (hereinafter referred to as RBT) in return for payment or free of charge, and other digital contents. These General Terms and Conditions apply only to individual customers.
2. Contract conclusion/access to digital products
2.1 The contract is entered into by the customer selecting a digital product in the xDelete or xHP Flashtool Webshop (https://shop.xdelete.app, https://shop.xhpflashtool.com) and, following successful payment, receiving a download code or voucher code by email for the selected digital product.
2.2 The customer’s access to digital products is implemented through downloads and/or voucher codes. The customer is obliged to keep his download and/or voucher-code confidential and protect it from misuse by third parties. The customer shall inform RBT without delay in the event of loss of the download code or suspected misuse of such data. Moreover, RBT is entitled to block access to digital products in the event of misuse. The customer is liable for any misuse for which he is responsible.
3. Payment terms
3.1 Digital products can be paid for only by PayPal. Invoices are sent by email. The provisions of section 4 of these GTC apply to consumers.
4. Right of revocation
4.1. Customers who are consumers – unless an exception referred to in Article 18 FAGG [Austrian Distance Selling Act] is applicable – are entitled to cancel a contract concluded with RBT through the exclusive use of one or more means of communication (e.g. letter, email) within fourteen calendar days, without giving reasons.
4.2. The cancellation period commences on the date of contract conclusion.
4.3. In order to exercise your right of revocation, you must inform us of the exercise of your right by means of a clear declaration (e.g. letter sent by post or email) of your decision to cancel this contract:
RBT TUNING GMBH
Schatzweg 179/2, 4040 Linz
4.5 In order to comply with the cancellation deadline, it is sufficient to send a message about exercising the right of revocation before the cancellation period expires.
4.6. If you exercise your right of revocation, we shall return all payments received from you without delay and at the latest within fourteen calendar days of the date on which we received notification of your withdrawal from the contract. We will return the funds using the same method that you used for the original transaction, unless explicitly agreed otherwise with you; you will never be charged any fees for this refund.
4.7. Loss of right of revocation
The right of revocation expires early in the event of executing the download and/or redeeming the voucher code, if you have explicitly granted consent to performance of the contract commencing before expiry of the cancellation period and you were aware of having waived your right of revocation by giving such consent.
As a result, in the case of digital products, there is no right of revocation for the delivery of digital contents, if we – with your explicit consent and acknowledgement of the loss of the right of revocation in the event of commencing contract performance early, and following the provision of a copy or confirmation pursuant to Art. 5(2) FAGG or Art. 7(3) FAGG – have commenced delivery prior to expiry of the cancellation period pursuant to Art. 11 FAGG.
5. Copyrights/rights of use
5.1 The client does not acquire any ownership. All copyrights, rights of use and other property rights to digital products remain with RBT.
5.2 The customer acquires the right to use digital products provided to him on unlimited devices suited to this purpose.
6.1 The digital product is selected under the sole responsibility of the customer. If a download is unsuccessful, the customer is entitled to further downloads of the digital product.
6.2. Statutory compensation and warranty regulations apply.
6.3 Damages and defects must be reported to RBT as quickly as possible.
7.1 RBT shall endeavour to constantly allow for the download of digital products, i.e. 24 hours a day, 365 days a year. However, availability at all times is explicitly not guaranteed. Access may be temporarily restricted in particular for technical reasons, for example due to necessary maintenance and repair operations.
8. Data protection
8.1 We shall exclusively collect, process and store all your personal data in according with the provisions of the GDPR and national laws.
8.2 We will use your personal data solely for the purposes of contractual performance and will never transfer your data to third parties not involved in fulfilling the contract.
8.3 The legal basis for processing your data within the course of an order is constituted by Art. 6(1) (b) GDPR.
9. Final provision
9.1 Austrian law is applicable to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If the client is a consumer as defined in KSchG [Consumer Protection Act], the court responsible for the district in which the customer has his domicile, usual residence or place of employment shall have jurisdiction over any legal disputes. In all other cases, the materially competent court in Linz is agreed as the place of jurisdiction.
9.3 Pursuant to Art. 19(1) AStG [Foreign Transaction Tax Act], we hereby advise that we are covered by the following authorities for alternative dispute resolution:
Dispute resolution for consumer transactions (www.verbraucherschlichtung.or.at)
Internet Ombudsman: http://www.ombudsmann.at/
You can also lodge a complaint with us directly at the following email address:
Please note that we will not take part in any arbitration proceedings.
The EU Commission provides an internet platform for online dispute resolution (known as the “ODR platform”). The ODR platform is intended as a point of contact for extrajudicial dispute resolution related to contractual obligations arising from online purchase agreements. The ODR platform is available at the following link: http://ec.europa.eu/consumers/odr.