General Terms and Conditions
Version: May 15th, 2018
- General principles and scope
- Offer and service description
- Order process and contract conclusion
- Prices and shipping costs
- Delivery and availability of products
- Payment terms
- Retention of title
- Warranty for material defects and guarantee
- Right of revocation
- Exclusion of the right of revocation (right of withdrawal)
- Storage of the contract text
- Data protection
- Right of use
- Place of jurisdiction, applicable law, language of contract
1. General principles and scope
1.1. For the business relationship between Konsultori BD GmbH, owner: Petra Wolkenstein, Währinger Straße 3/10, 1090 Vienna, Austria (hereinafter “Seller”) and the Customer or user (hereinafter “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can reach our Customer service for questions and complaints on weekdays from 9:00 a.m. to 4:00 p.m. on +43 680 2213753 or by e-mail at firstname.lastname@example.org.
1.3. For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor to his independent professional activity.
1.4. Deviating conditions of the Customer are not recognized unless the Seller expressly agrees to their validity.
1.5. Should individual provisions of these General Terms and Conditions be and/or become wholly or partially invalid or impracticable, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates its meaning and economic purpose.
2. Offer and service description
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the websites of the Seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated in the online shop. In all other respects, errors are reserved.
2.3. The Customer is first offered a free account. Within the free account, Customers are offered the free use of the products available there and made available for download. In addition, new Customers are offered the use of products within the paid account.
2.4. The use of key2investors in its various paid account forms is subject to a fee.
2.5. The products offered are made available digitally via a unique activation link and therefore fall under the category of goods with digital content. Digital content is content that is not delivered on a physical medium (software downloads, e-books, etc.).
3. Order process and contract conclusion
3.1. After obligatory registration at https://tools.key2investors.com/register/, the Customer can conclude a contract in several variants. The variants can be viewed at https://tools.key2investors.com/account/subscription/ and differ in the services and terms offered.
3.2. The contract is concluded by filling in the Customer’s master and invoice data in the form made available.
3.3. The binding purchase is made via the “Buy” button. The Customer confirms that the invoicing is done electronically by email.
3.4. The Customer receives an email with the invoice, the General Terms and Conditions and a request to pay by bank transfer.
3.5. After receipt of payment the Customer gets access to https://tools.key2investors.com/ for the agreed period of time of the selected variant.
4. Prices and shipping costs
4.1. All prices quoted on the Seller’s website are exclusive of VAT.
4.2. Due to the fact that the content is “digital content” made available on the https://tools.key2investors.com/ platform, there are no shipping costs or delivery charges.
5. Delivery and availability of products
5.1. If no copies of the product selected by the Customer are available at the time of the order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from declaring acceptance. A contract is not concluded in this case.
5.2. If the product specified by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. In this case, the Seller will immediately reimburse any payments already made by the Customer.
6. Payment terms
6.1. The Customer can pay by bank transfer.
6.2. Payment shall be made in advance without deduction.
6.3. If the due date of payment is determined according to the calendar, the Customer is already in default by missing the due date. In this case, the Customer shall pay default interest in the amount of 5 percentage points above the base interest rate.
6.4. The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Seller.
6.5. The Customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
7.1. The delivered goods remain the property of the Seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty for material defects is governed by statutory provisions.
8.2. A guarantee exists for the goods delivered by the Seller only if this was expressly given.
9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages without prejudice to the other statutory conditions for claims.
9.2. key2investors processes exclusively the entries made by the Customer according to a common and market-usual methodology. The Customer uses the methodology on his own responsibility. Konsultori BD GmbH accepts no liability for the correctness of the entries made by the Customer, the resulting evaluation result and the implementation tips provided. The Customer acts on his own responsibility.
9.3. The Seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.4. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the performance of which is essential for the proper performance of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
9.5. The above limitations of liability do not apply to a defect after acceptance of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.6. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Right of revocation
10.1. The Customer can delete his account with key2investors at any time without giving reasons by email to email@example.com.
10.2. Upon deletion of the account, the Customer loses the right to use the products made available to key2investors Customers free of charge. The Customer must delete copies of the templates from his computer.
10.3. When the account is deleted, all Customer data, unused activation links, open and completed projects are deleted and cannot be restored.
10.4. Unused activation links will not be refunded if the account is deleted and are not transferable.
10.5. If the Account is deleted, the Customer retains the acquired right to use the work for completed projects. These must be downloaded before deletion and saved on the local computer.
10.6. When purchasing a key2investors account, the Customer is provided with the online tool for full use (per purchased package) immediately after the payment process to the full extent via activation link. The delivery therefore takes place before the legal withdrawal period of 14 days and requires that the buyer actively waives the right of withdrawal at the “cash desk”.
11. Exclusion of the right of revocation (right of withdrawal)
11.1. The right of withdrawal does not apply to the delivery of goods which have been manufactured according to Customer specifications or which are clearly tailored to personal needs or to the delivery of audio or video recordings or software if the data carriers supplied have been unsealed by you or for digital content. Digital content is content that is not delivered on a physical medium (software downloads, e-books, etc.).
11.2. The products of key2investors are all digital contents and are made available via activation link via email and in the “Subscription area”. There is therefore no right of withdrawal or revocation for activation links delivered.
11.3. By accepting the General Terms and Conditions, the Customer expressly agrees that the delivery of the activation link for consumers takes place before the expiry of the revocation period and thus begins with the execution of the contract. The Customer is aware that he loses the right of revocation by this consent with the beginning of the execution of the contract.
12. Storage of the contract text
12.1. The Seller stores the contractual text of the order. The GTC are available online in several places. The Customer can print the text of the contract before placing the order with the Seller by using the print function of his browser in the last step of the order.
12.2. The Customer must explicitly agree to the contract text when registering an account and before conclusion of the purchase. The Customer has the right not to accept the contract. In this case, no contract is concluded.
12.3. The Seller shall also send the Customer a delivery notification with all order data to the e-mail address provided by him. Furthermore, the Customer receives a copy of the GTC with the delivery.
13. Data protection
13.1. The Seller processes the Customer’s personal data for a specific purpose and in accordance with the statutory provisions.
13.2. Personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
13.3. The Customer has the right, upon request and free of charge, to receive information about the personal data that the Seller has stored about him. In addition, he has the right to correct incorrect data, block or delete his personal data, unless there is a legal obligation to retain them.
13.4. Further information on the type, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data protection declaration.
13.5. The Seller shall establish a secure and encrypted connection by operating an SSL certificate.
14. Right of use
14.1. The use of the documents offered in the free account is available to the Customer free of charge for the duration of an active account. This right of use expires when the account is deleted. Empty templates stored on the Customer’s device are to be deleted by the Customer. The Customer has no right to make changes.
14.2. With the acquisition of a key2investors access, the Customer acquires the all-encompassing temporally and locally unlimited right to use the analysis results from this one acquired project. Extracts and evaluation graphics can be passed on to third parties in presentations, business plans, briefing documents or consulting reports while respecting copyright.
14.3. There is no right of use for the use or commercial use in workshops or 1:1 consulting situations.
15. Place of jurisdiction, applicable law, language of contract
15.1. Place of jurisdiction and place of fulfilment is the registered office of the Seller, if the Customer is a merchant, a legal entity under public law or a special fund under public law, even if the Customer uses key2investors from other countries.
15.2. The contractual language is English.
15.3. European Commission Platform on Online Dispute Resolution for Consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer arbitration body.