cyteMAP is a product of cyLEDGE Media GmbH. As soon as you order products from cyteMAP you will enter in a contractual relationship with cyLEDGE Media GmbH.
We want to advise you that only the original German version (link) of these General Terms and Conditions of Sale and Delivery are valid.
a) These General Terms and Conditions of Sale and Delivery shall be applicable to all deliveries of goods by cyLEDGE Media GmbH ("Cyledge") made on the basis of distance selling orders. On placing an order and at the latest on receipt of the goods Customer shall be deemed to have acknowledged these General Terms and Conditions of Sale and Delivery. b) Amendments or subsidiary agreements shall be valid only if confirmed by persons in our company listed in the Register of Companies as being authorised to represent the company and shall apply only to a specific transaction. Our other employees shall not be authorised to agree amendments or make subsidiary agreements to these General Terms and Conditions of Sale and Delivery. c) In the event that individual provisions of these General Terms and Conditions of Sale and Delivery are invalid, the other provisions and the contracts entered into on the basis of them shall remain in force. The parties agree to replace the invalid provision by a valid one that most closely approximates the meaning and purpose of the invalid provision.
a) Our offers are non-binding in their entirety. The order by Customer shall be interpreted as an offer as defined by law, to which Customer shall be bound for three weeks. The contract shall come into effect only through our order confirmation, delivery or performance. A separate notification of acceptance to Customer shall not be necessary. b) An order shall be possible only if all required fields have been completed. The receipt of the order by us will be confirmed by an email sent automatically, which may not yet be interpreted as acceptance of the order. Notifications will be accepted only during normal business hours (Monday to Thursday from 9 am to 5 pm, except on public holidays in Austria). Notifications received by our server outside these hours shall be deemed to have been received on the following workday.
Our prices are to be understood exclusive of statutory Austrian value added tax and additional services, unless other delivery terms are stated in the price list as most recently amended.
a) Dispatch of a link for downloading the good shall be made at Customer’s risk to the email address specified in the order. b) Notified delivery dates shall be non-binding. Non-compliance with delivery dates shall entitle Customer to withdraw from the contract only if we fail to make delivery after the expiry of a minimum period of grace of two weeks specified in writing.
a) The customer has to pay for the order per bank transfer after receiving the good. The invoice with the bank details and all other information will be sent by email to the email adress specified in the order. b) Our invoices shall be payable 14 days upon receipt.
a) Defects that occur shall be notified as far as possible upon delivery or when they become visible. For customers who are consumers within the meaning of the Konsumentenschutzgesetz (KSchG) [Consumer Protection Act], failure to notify defects shall not have any adverse legal consequences. Customers who are entrepreneurs within the meaning of the KSchG shall verify the goods delivered or services rendered immediately upon receipt for completeness, correctness and freedom from defects and shall notify in writing any defects immediately and within five days of receipt of the goods or performance at the latest or otherwise forfeit any claims to which they might be entitled in connection with defects identified in the course of due inspection. b) For all deliveries, claims from defects — regardless of their legal basis (in particular warranty, damages, special right of recourse) — shall become statute-barred after the legal warranty period of two years from the date of delivery or performance has expired. For consumers this expiry period regarding warranty of title shall commence only after the defect becomes recognisable. c) In the event of defects in quality, Customer may choose between rectification or replacement. Only if these two options are not available shall Customer be entitled to demand a reasonable reduction in the purchase price or cancellation of sale pursuant to law. Defects shall be rectified by us free of charges and costs . Customer shall allow us the possibility to rectify the defect.
We shall accept no liability for damage regardless of the legal basis, in particular on account of delay, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, consequential harm as a result of a defect, defects or tortious acts, that is caused as a result of ordinary negligence by us or by persons for whom we are liable. Customers who are entrepreneurs within the meaning of the KSchG shall have the burden of proof of gross negligence or intent. In the case of contracts with consumers, this exemption from liability shall not apply to personal injury or damage to property taken over for handling or processing.
We shall retain full und unrestricted title to the delivered articles until payment in full of the price including extra charges. Until then such articles shall be deemed to be property committed to the care of Customer that may be neither sold, pledged as security, donated nor lent. Customer shall not be entitled to dispose of the articles without our prior express consent and shall bear the full risk for the goods entrusted to it in every respect, including, in particular, the risk of destruction, loss or deterioration.
a) The legal relationship with Customer shall be subject solely to Austrian substantive law. The UN Convention (CISG) on the International Sale of Goods shall not apply. b) Place of payment and performance for all obligations arising from this contract shall be Vienna. c) Place of jurisdiction for all disputes arising directly or indirectly from this contract shall be the Austrian court having subject-matter competence and local jurisdiction for 1010 Vienna. If Customer is a consumer within the meaning of the KSchG, this shall be the agreed place of jurisdiction only if Customer is domiciled or habitually resident or has its place of employment in this judicial district or if Customer resides abroad. We shall also be entitled to bring an action against Customer at its place of jurisdiction.
The customer may only withdraw from the contract due to a breach not resulting from a defect of the item being purchased or the works of the said item, if cyLEDGE is responsible for the said breach.
Customer agrees that data made known in the course of the order and its processing may be collected, processed, stored and used for our accounting and internal market research and marketing. The data will be used by us to comply with legal requirements, to process payment transactions and for promotion purposes.