General Terms and Conditions – onlineaufladen.at status February 2011)
1. Subject matter of the contract
1.1 paybox Service GmbH (hereinafter referred to as “paybox GmbH”) allows users to obtain services or products online by way of so-called eVouchers from providers selected by paybox GmbH via the website www.onlineaufladen.at (hereinafter referred to as “Website”) or to directly top up prepaid cards (hereinafter referred to as “Service”). To this end, the user has to lawfully possess an e-mail address through which paybox GmbH may contact the user.
1.2 In the framework of these provisions, eVouchers are messages in electronic form by which paybox GmbH provides the user with data necessary for obtaining services or products.
1.3 The below terms and conditions are applicable to ordering eVouchers and transferring them to the user as well as to direct top up services provided by paybox GmbH.
1.4 The services or products acquired through eVouchers represent claims of the user vis-à-vis the respective provider. The services and products are provided/supplied exclusively by the respective provider and are subject to the terms of contract of the respective provider.
1.5 Apart from the Service, paybox GmbH does not provide any other services. The contractual relationship regarding the use of other services, in particular mobile phone services, exists exclusively between the user and the respective provider with whom the user entered into a contract regarding the specific service. The administration and use of any possible credits, in particular prepaid card credits, are exclusively governed by the terms of contract of the providers.
1.6 The Service is only available for the services and products listed by paybox GmbH on the Website, which shall be paid by using the payment methods stated therein. All details provided with regard to the services, products and payment methods may be changed anytime by paybox GmbH.
1.7 paybox GmbH explicitly draws attention to the fact that in most cases the providers request that the data transmitted through eVouchers have to be used within a specific term after which they will become invalid. To ensure the validity of the data received and to prevent the loss of these data, the eVouchers shall be topped up within the validity period stated.
2. Conclusion of contract
2.1 The user selects the desired service or desired product on the Website. To top up prepaid cards, the user shall additionally state the desired amount to be credited as well as the mobile phone number if paybox GmbH is requested to top up the card directly. After selecting the payment method and entering the e-mail address, the user submits a binding offer by clicking on “completing order”.
2.2 Subsequently, this contract will come into force by transferring the eVoucher to the user or, if applicable, by topping up the prepaid card directly. The user will receive an order confirmation, which will be sent to the e-mail address notified by the user. If paybox GmbH rejects the user’s offer, the user will be notified thereof.
2.3 The eVoucher will be transferred to the computer of the user and displayed in a separate browser window. The user will have the option of printing the eVoucher, saving it as a pdf file and then forwarding it by e-mail or transmitting it by SMS. If prepaid cards are directly topped up by paybox GmbH, no eVoucher will be transmitted.
2.4 Subsequently, the user shall follow the instructions of paybox GmbH regarding the receipt of the service ordered or the product ordered. In general, the user shall call the customer service number of the respective provider or go to its website and enter the data received. The provider will then provide the service ordered or deliver the product ordered. In the event that prepaid cards are topped up directly by paybox GmbH, paybox GmbH will be responsible for activating them.
2.5 The transfer of eVouchers or direct topping up will take place within 3 hours, as agreed on under the contract. In accordance with § 5f of the Austrian Consumer Protection Act (Konsumentenschutzgesetz / KSchG), the customer will therefore have no right of withdrawal from the contract.
3. Provision of services
3.1 The Service is provided in quantities that are considered usual for retail customers. paybox GmbH reserves the right to discontinue the provision of the Service, if the quantities usual for retail customers are exceeded or if abuse is suspected.
3.2 By sending the eVoucher or directly topping up with the provider, paybox GmbH fulfilled its obligations under this contract.
4. Due date and payment, default
4.1 When the online order is placed, the validity of the payment instrument selected by the user is verified with the respective payment institution, and payment is made pending verification. After successful verification, the Service will be provided. If the customer fails to meet the payment conditions for any reason, paybox GmbH reserves the right to block services for the user or to reject the offers of the user at its own discretion. The user will then receive an error message by which the order is rejected.
4.2 The amount payable in respect of the services and products which may be obtained via an eVoucher is determined by the respective provider. The fee for topping up prepaid cards corresponds to the nominal value of the balance of the prepaid card selected by the user when ordering. The use of the Service of paybox GmbH is free of charge. Any expenses caused by the Internet connection as well as any costs that may arise by calling the customer service line of the provider, which are exclusively determined by the provider, shall be borne by the user.
4.3 The user authorises paybox GmbH to debit the payable amount to the account corresponding to the payment method selected.
4.4 The price of the service ordered or the product ordered is due upon transfer of the eVoucher or upon direct topping up. The respective amount is deducted via the payment method selected by the user.
4.5 The prices are applicable which were stated on the Website on the date of ordering and include value-added tax. The currency unit is the EURO.
4.6 paybox GmbH reserves the right to verify the validity of the payment instrument selected as well as the creditworthiness of the customer before providing the service.
5.1 In no event shall paybox GmbH be liable for any damages unless they were caused by gross negligence or intent. paybox GmbH is not liable for consequential damages of defects. However, the above disclaimer of liability does not exclude liability for personal injury.
5.2 The obligation to pay compensation for any incident caused by gross negligence and giving rise to a damage is limited to an amount of EUR 200.00 (two hundred euros) vis-à-vis the user and to an amount of EUR 2,000.00 (two thousand euros) vis-à-vis all injured parties collectively.
5.3 paybox GmbH does not assume any liability regarding the availability and proper functioning of the technical systems for placing an order. No liability is assumed by paybox GmbH for any other damages arsing from any other uses of the Website.
5.4 paybox GmbH does not assume any liability for the services and products offered by the providers, in particular not for services relating to prepaid card contracts. Liability is also excluded in respect of the availability of the credit after topping up. paybox GmbH does not assume any liability for the functionality of the Internet pages and service hotlines operated by the providers.
5.5 The above waiver and limitation of liability shall include the liability of employees, workers, staff members, representatives and any persons employed to perform an obligation of paybox GmbH.
5.6 Warranty is based on the applicable legal provisions.
5.7 In the event of an unfounded customer complaint, paybox GmbH reserves the right to claim reimbursement of the expenses arising from such a complaint.
6. Data protection
6.1 By entering the data, the user grants paybox GmbH the right to store and process them.
6.2 paybox GmbH stores, processes and uses within the scope of the relevant legal provisions on data protection the data entered by the user on concluding the contract for the purpose of processing contracts, customer care services and customer information, risk management as well as for statistical purposes. paybox GmbH does not pass on any personal data to third parties without the explicit consent of the user unless there is a legal obligation of such a data transfer.
6.3 paybox GmbH explicitly draws attention to the fact that despite all technical security measures the Internet does not permit absolute data security. Therefore paybox GmbH is not liable for any harmful or other adverse actions of third parties affecting the user.
7. Industrial property rights and copyrights
7.1 The Website as well as the enabling software and the database are protected by copyright. Availability for use within the scope of these General Terms and Conditions shall not be construed as a waiver of copyrights or of other industrial property rights.
7.2 paybox GmbH expressly reserves all rights to which it is entitled under the applicable laws and agreements protecting the Website, software, database or any parts thereof.
7.3 This shall also apply to rights to published texts, the design of the Website and the logo used.
7.4 The Website may be used exclusively for the purposes intended by paybox GmbH. It is forbidden to skim or scan the database. It is inadmissible to copy, pass on, send or publish the data in any form. The commercial use of the data in third-party transactions is also prohibited.
7.5 Any use not explicitly permitted under these General Terms and Conditions shall require the prior, explicit, written approval of paybox GmbH.
8. Final provisions
8.1 The language of contract, orders and business is German.
8.1 This contract shall be governed exclusively by the law of the Republic of Austria, excluding any relevant provisions under international private law as well as the UN Convention on the Sale of Goods.
8.2 The place of performance is the company seat of paybox GmbH in Vienna. If the user is not a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the Commercial District Court of Vienna shall have jurisdiction for any and all disputes arising in the framework of contract performance.
8.3 If a consumer has his/her residence or habitual abode in Austria or if he/she is employed in Austria, in accordance with §§ 88, 89, 93 para. 2 and § 104 para. 1 of the Law on Jurisdiction (Jurisdiktionsnorm/JN) jurisdiction in respect of any actions brought against a consumer may be conferred only on a court in whose jurisdiction the residence, habitual abode or place of employment of the consumer is situated; this shall not apply to any legal disputes which have already arisen. For any and all legal disputes in courts arising from the contract, the mandatory provisions of the consumer law applicable at the consumer’s place of residence shall govern the contractual relationship.
8.3 paybox GmbH recognises the Internet Ombudsmann as the competent body for out-of-court settlement: Internet Ombudsmann, Margaretenstraße 70/2/10, 1050 Vienna, www.ombudsmann.at, E-Mail: firstname.lastname@example.org.