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SOURCE-CODE Marketing & Trading OG
(short form "SOURCE-CODE")
Untere Weissgerberstrasse 30/7
1030 Vienna, Austria

Version: 31-05-2008

§ 1 Area of validity

The following General Business Conditions in the version valid at the time of the order are the only ones applicable to the business relationship between SOURCE-CODE and the customer. SOURCE-CODE
will not recognise different conditions from the customer unless SOURCE-CODE has expressly agreed to their validity in writing.

§ 2 Closure and withdrawal from the contract

SOURCE-CODE is obliged to accept the customer’s order according to conditions of the website. SOURCE-CODE has the right to withdraw from the contract in the case of mistakes in writing, print and/or miscalculations on the website.
All offers are genuine whilst supplies last. Should SOURCE-CODE’s supplier fail to deliver SOURCE-CODE with the ordered goods despite contractual obligations, SOURCE-CODE has the right to withdraw. In this case the customer will immediately be informed that the product ordered is unavailable. The sales price already paid will be reimbursed without delay.
The customer has the right to exchange or return the goods for 14 days from receipt of the goods provided that the goods are in unused condition. The sales price of the goods will be refunded to the customer. Should the customer so wish, the sales price may be deducted from other goods. We cannot accept unfranked parcels.

§ 3 Delivery

Deliveries will be made from the warehouse to the address given by the customer unless otherwise
agreed. The customer takes over the risk as soon as the delivery leaves the SOURCE-CODE concern. Details of the delivery date are not binding unless, in exceptional cases, the delivery date has been agreed as binding.

§ 4 Date of payment and payment, arrears

The sales price becomes due immediately, with the order. The customer may pay the sales price on delivery or in advance. If the customer falls into arrears, SOURCE-CODE has the right to demand interest on credit at 4% above the basic interest rate per annum announced by the Austrian National Bank. If SOURCE-CODE suffers greater proven damage due to arrears, SOURCE-CODE has the right to assert this.

§ 5 Counterclaim, right of retention

The customer has a right to counterclaim only when his/her counterclaims are legally valid or acknowledged by SOURCE-CODE. S/he is, moreover, authorised to practice the right of retention
solely to the extent that his/her counterclaim is based on the same contractual relationship.

§ 6 Reservation of title

The delivered goods remain the property of SOURCE-CODE until the full settlement of all existing claims against the customer.

§ 7 Defects, guarantee and liability

If a product shows a defect attributable to SOURCE-CODE, SOURCE-CODE is entitled to choose to remove the defect or replace the delivery. If SOURCE-CODE is not prepared or not in a position
to remove the defect or replace the delivery or delays in this beyond a reasonable time period for reasons attributable to SOURCE-CODE, or fails in the removal of the defect or replacement of the delivery in any other way, the customer has the right to choose whether to withdraw from the contract or demand a suitable reduction in sales price.
In as far as nothing else arises from the following, further claims from the customer, for whatever legal causes, are ruled out. SOURCE-CODE is thus not liable for damages not emerging from the object of delivery itself; in particular SOURCE-CODE is not liable for lost profit nor for any other damage to the customer’s assets. To the same extent as the liability of SOURCE-CODE is ruled out or limited, so is the personal liability of employees, representatives and operational assistants.
The preceding limitation on liability is not valid if the cause of damages is attributable to intention or gross negligence.
If SOURCE-CODE neglects a contractually essential obligation, compensation will be limited to the typical sums for damage to property or person. The period of guarantee extends over twenty four months, dated from the handover of risk. This time period is a statutory limitation period and is also valid for claims for compensation for damages caused by a defective product, as long as no claims for torts are asserted.

§ 8 Data protection

The customer has been instructed by SOURCE-CODE in detail on the nature, extent, location and purpose of requesting, processing and utilising the personal data necessary for accepting and delivering orders and registering with the email notifications service. The customer emphatically agrees to this request, processing and utilisation of personal data.

§ 9 Applicable law and court of jurisdiction

Austrian law applies without possible recourse to the UN law on sales. The sole court of jurisdiction for all claims concerning the business relationship is Vienna. SOURCE-CODE also has the right to take legal action to the customer’s general court of justice.
Should individual conditions of this delivery contract or of these general business conditions become invalid, all remaining conditions continue to remain valid. Austrian law applies in deliveries over national borders.

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