General Terms and Conditions (GTC)
Für den Onlineshop Rand Consulting gmbH – www.randconsulting.at
Stand: November 2026
Rand Consulting GmbH
Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
Tel.: +43 (1) 9242122 | E-Mail: info@randconsulting.at | Website: www.randconsulting.at
Commercial Register No. (FN): 45393h | Commercial Register Court: Vienna Commercial Court
VAT ID (UID): ATU71694437
Managing Director / Owner: Dipl.-Ing. Abdulrahman Al-Youssef
Version: November 2026
1. Scope and Definitions
1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded between Rand Consulting GmbH (“Provider”, “we”, “us”) and its customers (“Customer”, “you”) through the online shop at www.randconsulting.at for the purchase or licensing of software, apps, digital content and related digital services (“Products”).
1.2 “Consumer” means any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession, in accordance with Section 1 of the Austrian Consumer Protection Act (KSchG). “Business Customer” means any customer who is not a Consumer.
1.3 Conflicting or deviating terms of the Customer do not apply, even if we do not expressly object to them. They only apply if we have expressly agreed to them in writing.
1.4 The contract language is English. We may also offer German versions; in case of doubt, the version shown at the time of the order applies.
2. Conclusion of Contract
2.1 The presentation of Products in the online shop is a non-binding invitation to submit an offer.
2.2 By clicking the button “Order with obligation to pay” (or a similarly worded button) at the end of the order process, the Customer submits a binding offer to purchase the selected Products. Before submitting, the Customer can review and correct the entries using the browser’s functions or the shopping cart.
2.3 We confirm receipt of the order by e-mail (order confirmation). This confirmation does not yet constitute acceptance. The contract is concluded when we send an express acceptance e-mail, provide the download link or license key, or activate the Product or the user account, whichever occurs first.
2.4 The text of the contract (order data and these GTC) is sent to the Customer by e-mail. The GTC can be viewed and saved at any time on our website.
2.5 Customers must be at least 18 years old or have the legally required consent of their legal representative. We reserve the right to decline orders without giving reasons, for example in case of suspected misuse or fraud.
3. Products, Licence and Scope of Use
3.1 The characteristics, system requirements, supported platforms and scope of functions of each Product are described on its product page. The Customer is responsible for ensuring that their hardware and software meet the stated system requirements.
3.2 Unless otherwise stated on the product page, we grant the Customer a non-exclusive, non-transferable, non-sublicensable, revocable (only in the case of material breach of contract) right to use the Product for the agreed purpose, for the agreed licence term and number of devices or users.
3.3 Unless mandatory law permits it, the Customer is not allowed to:
a) copy, modify, translate, decompile, disassemble or reverse engineer the Product, or create derivative works from it;
b) sell, rent, lend, sublicense or otherwise make the Product available to third parties;
c) remove or alter copyright notices, licence keys or technical protection measures;
d) use the Product in excess of the licensed number of users, devices or installations.
3.4 Mandatory statutory rights, in particular the rights under Sections 40d and 40e of the Austrian Copyright Act (UrhG) (e.g. making a backup copy, decompilation for interoperability), remain unaffected.
3.5 All intellectual property rights in the Products (including source code, designs, documentation and trademarks) remain with us or our licensors. The Customer acquires no ownership rights, only the right of use described here.
3.6 Open-source components contained in a Product are subject to their respective licence terms, which take precedence over this section for those components.
3.7 Products marketed as subscriptions or time-limited licences end automatically at the end of the term, unless a renewal has been expressly agreed (see Section 9).
4. Prices and Payment
4.1 All prices are stated in Euro (EUR). For Consumers, prices include statutory Austrian value-added tax (VAT) unless stated otherwise. For Business Customers, prices are stated net plus the applicable VAT, where VAT is chargeable. Reverse-charge rules apply to eligible EU business customers who provide a valid VAT ID.
4.2 Available payment methods are shown in the order process. [Insert your payment methods, e.g. credit card, PayPal, SEPA direct debit, bank transfer / invoice – to be adjusted to your shop settings.] Payments through third-party payment providers are additionally subject to those providers’ terms.
4.3 Payment is due immediately upon conclusion of the contract, unless a different payment term is expressly agreed. In the case of default, we are entitled to charge statutory default interest. For Business Customers, the default interest rate under Section 456 of the Austrian Commercial Code (UGB) applies, and we may also claim reasonable reminder and collection costs.
4.4 We may suspend access to the Product or the licence key until full payment has been received.
4.5 Chargebacks or failed payments caused by the Customer entitle us to charge the resulting bank fees to the Customer and to block the licence.
4.6 Offsetting against our claims is only permitted with counterclaims that are undisputed, legally established or related to the same contract. Consumers’ statutory right to offset in case of our insolvency remains unaffected (Section 6 (1) Z 8 KSchG).
5. Delivery and Provision of Digital Products
5.1 Products are delivered digitally, by download link, licence key, user account activation or access to a web or app service. Delivery takes place immediately after receipt of payment or confirmation of order, unless stated otherwise on the product page.
5.2 Delivery is made to the e-mail address provided by the Customer or via the Customer’s user account. The Customer must ensure that the e-mail address is correct and that e-mails from us are not blocked by spam filters.
5.3 App store products (for example from Apple App Store or Google Play) are additionally subject to the terms of the relevant store operator.
5.4 No physical shipping takes place; no shipping costs apply.
6. Right of Withdrawal for Consumers
6.1 Right of withdrawal. Consumers have the right to withdraw from a distance contract within 14 days without giving any reason.
6.2 Withdrawal period. For contracts for the supply of digital content not supplied on a tangible medium, the withdrawal period expires 14 days after the day on which the contract was concluded. For service contracts, including subscriptions for digital services, the period is 14 days from the day of conclusion of the contract.
6.3 How to withdraw. To exercise the right of withdrawal, the Consumer must inform us by a clear statement (for example, by letter or e-mail) of their decision to withdraw:
Rand Consulting GmbH, Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
E-Mail: info@randconsulting.at | Tel.: +43 (1) 9242122
The Consumer may use the model withdrawal form in Annex 1, but this is not mandatory. It is sufficient to send the communication before the withdrawal period expires.
6.4 Effects of withdrawal. If the Consumer withdraws, we will reimburse all payments received without undue delay and no later than 14 days from the day on which we receive the notice of withdrawal. We use the same means of payment as used for the original transaction, unless expressly agreed otherwise. No fees will be charged for this reimbursement.
6.5 Early expiry of the right of withdrawal – digital content. The right of withdrawal expires for contracts on the supply of digital content not supplied on a tangible medium (for example downloads and licence keys) as soon as we have begun to perform the contract, if the Consumer has (i) expressly consented to the start of performance before the end of the withdrawal period, (ii) acknowledged that they thereby lose their right of withdrawal, and (iii) we have provided the Consumer with a confirmation of the contract (Section 18 (1) Z 11 of the Austrian Distance and Off-Premises Contracts Act, FAGG). The Customer gives this consent and acknowledgement by ticking the relevant checkbox in the order process.
6.6 Services. If the Consumer requests that the performance of a digital service begins during the withdrawal period, the Consumer must pay us a proportionate amount for the services already provided up to the time of withdrawal. The right of withdrawal expires once the service has been fully performed, if performance began with the Consumer’s express consent and acknowledgement that the right of withdrawal is lost upon full performance (Section 18 (1) Z 1 FAGG).
6.7 There is no right of withdrawal for Business Customers.
7. Warranty and Conformity of Digital Products
7.1 We are liable for defects in accordance with the statutory provisions, in particular the Austrian Consumer Warranty Act (VGG) for Consumers, and Sections 922 et seq. of the Austrian General Civil Code (ABGB) in other cases, unless otherwise stated below.
7.2 Consumers. The Product must conform to the contract, in particular regarding the agreed description, functionality, compatibility, interoperability and security. We provide Consumers with updates (including security updates) required to keep the Product in conformity for the period the Consumer can reasonably expect, or for the agreed supply period for continuous supply. Consumers must install such updates within a reasonable time; if they fail to do so, we are not liable for defects resulting solely from the missing update, provided we have informed the Consumer of the update and the consequences of non-installation.
7.3 In the event of a defect, the Consumer is entitled to request that the Product be brought into conformity (repair or replacement). If this is impossible, disproportionate or not carried out within a reasonable time, the Consumer may demand a price reduction or terminate the contract, in accordance with the statutory provisions.
7.4 Business Customers. The warranty period for Business Customers is 12 months from delivery. Section 377 of the Austrian Commercial Code (UGB) applies: the Customer must inspect the Product immediately and report obvious defects in writing within 5 working days after delivery, and hidden defects within 5 working days after discovery. Otherwise warranty claims are excluded. The presumption of defectiveness at delivery (Section 924 ABGB) does not apply. We may choose between repair and replacement. Recourse claims under Section 933b ABGB are excluded to the extent permitted by law.
7.5 The warranty does not cover defects caused by improper use, unauthorised modifications, incompatible hardware or software, or third-party components not supplied by us.
7.6 We do not guarantee that the Products operate uninterrupted or completely error-free. Minor deviations that do not impair the intended use do not constitute a defect.
8. Liability
8.1 We are liable without limitation for damage to life, body or health, for damage caused intentionally or by gross negligence, and where liability cannot be excluded by mandatory law (including the Austrian Product Liability Act).
8.2 Consumers. In cases of slight negligence, we are liable only for the breach of essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on which the Customer may regularly rely), and only to the extent of typical and foreseeable damage. Statutory provisions that cannot be excluded remain unaffected.
8.3 Business Customers. For Business Customers, our liability for slight negligence is excluded. In cases of gross negligence, liability is limited to the foreseeable, typical damage and, in any event, to the net order value of the affected Product. We are not liable for indirect damage, consequential damage, lost profit, loss of data, loss of savings or damage from third-party claims. The burden of proof for fault lies with the Customer. Claims for damages expire after one year from knowledge of the damage and the damaging party, but no later than three years after the damaging event.
8.4 The Customer is responsible for regular data backups and for the appropriate protection of their systems. We are not liable for data loss unless the loss would have occurred even with regular, proper backups.
8.5 We assume no liability for third-party content, links or services and for the availability of third-party platforms (e.g. app stores, payment providers, hosting providers).
9. Subscriptions and Renewals
9.1 For Products with a limited term (“Subscriptions”), the term (for example one year), the price and the renewal terms are stated on the product page and in the order process. Lifetime licences have no expiry date.
9.2 Subscriptions do not renew automatically, and no payment is collected without the Customer’s action. Before the end of the term we send the Customer reminder e-mails with a renewal link. The term is only extended if the Customer places and pays a renewal order; the new term starts at the end of the current term, so renewing early does not shorten it. No cancellation is required: if the Customer does not renew, the Subscription simply ends on its expiry date.
9.3 After the expiry date, the Customer no longer receives updates and support. Depending on the Product, as stated on the product page, the software either continues to work in the last version installed, or its licensed features are deactivated until the licence is renewed.
9.4 Both parties’ right to terminate for good cause remains unaffected. A good cause for us exists in particular if the Customer materially breaches Section 3 or is in payment default despite a reminder.
9.5 Renewals are charged at the price shown in the online shop at the time of the renewal order. As every renewal requires a new order by the Customer, a changed price only applies if the Customer accepts it by placing the renewal order.
10. Customer Obligations
10.1 The Customer must keep access data and licence keys confidential and protect them from unauthorised access. The Customer must notify us immediately if they suspect misuse.
10.2 The Customer is not permitted to use the Products to violate laws or third-party rights, to distribute malware, or to harm the operation, security or integrity of our systems and services.
10.3 In case of breach, we may suspend or block access and, in severe cases, terminate the contract for good cause. Statutory rights of Consumers remain unaffected.
11. Changes to the Products and the GTC
11.1 We may modify Products (for example, to adapt them to technical developments, security requirements or legal changes), provided the modification does not materially affect the agreed functionality for the Customer or the Customer is informed in time and in a clear manner and is given the right to terminate free of charge, in accordance with the statutory provisions.
11.2 We reserve the right to amend these GTC with effect for future contracts. For existing continuing contracts, amendments require the Customer’s consent. Silence is only deemed consent if we have expressly informed the Customer in text form, with at least one month’s notice, of the amendment and the consequences of silence, and the Customer has not objected within that period. In case of objection, the existing terms continue to apply, and each party may terminate the continuing contract at the next possible date. This clause does not apply to changes that affect essential contractual obligations or the price/service ratio, which require express consent.
12. Data Protection
12.1 We process personal data in accordance with the EU General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG) and other applicable provisions. Details are set out in our Privacy Policy available at www.randconsulting.at.
12.2 We process the data required for the performance of the contract (e.g. name, address, e-mail, payment data, licence data) on the basis of Art. 6 (1) (b) GDPR, and where necessary to comply with legal obligations (e.g. tax and accounting retention duties) on the basis of Art. 6 (1) (c) GDPR.
13. Confidentiality
Both parties will treat confidential information received in the course of the contract as confidential and use it solely for the purposes of the contract. This does not apply to information that is publicly known, that was already known to the receiving party, or that must be disclosed by law or official order.
14. Dispute Resolution and Consumer Information
14.1 We are not obliged to take part in alternative dispute resolution proceedings before a consumer arbitration board but are willing to try to resolve disputes amicably. Consumers can contact us at any time at info@randconsulting.at.
14.2 Consumers may also use the Austrian consumer dispute resolution bodies, e.g. the Internet Ombudsman (www.ombudsmann.at) or the Arbitration Board for Consumer Matters in the Austrian Telecommunications Sector, where applicable. [Please adjust this section if you have joined a specific arbitration body.]
14.3 Consumers with a residence in the EU can also contact the consumer protection authority or the European Consumer Centre Austria (www.europakonsument.at).
15. Applicable Law and Jurisdiction
15.1 Austrian substantive law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only to the extent it does not deprive the Consumer of the protection of mandatory provisions of the law of the country in which they have their habitual residence.
15.2 Consumers: If the Consumer has their domicile, habitual residence or place of employment in Austria, the Consumer can be sued or sue only before the courts having jurisdiction for that place (Section 14 KSchG). Mandatory statutory jurisdictions for Consumers in the EU remain unaffected.
15.3 Business Customers: The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is the court with subject-matter jurisdiction for Vienna, Austria (Commercial Court Vienna, if applicable). The place of performance is Vienna.
16. Final Provisions
16.1 Amendments and additions to the contract require written or text form. This also applies to any waiver of this requirement. Overriding individual agreements remain unaffected.
16.2 If individual provisions of these GTC are or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a valid provision that comes closest to its economic purpose. For Consumers, the statutory provisions apply instead of the invalid provision.
16.3 The Customer may only assign rights and obligations under the contract to third parties with our prior written consent. This does not apply to Consumers where mandatory law provides otherwise.
16.4 These GTC are available in English. In case of discrepancies between language versions, the German version prevails, to the extent permitted by law. [Delete this sentence if you do not provide a German version.]
Annex 1 – Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Rand Consulting GmbH
Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
E-Mail: info@randconsulting.at
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods / for the provision of the following service / for the supply of the following digital content ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
Tel.: +43 (1) 9242122 | E-Mail: info@randconsulting.at | Website: www.randconsulting.at
Commercial Register No. (FN): 45393h | Commercial Register Court: Vienna Commercial Court
VAT ID (UID): ATU71694437
Managing Director / Owner: Dipl.-Ing. Abdulrahman Al-Youssef
Version: November 2026
1. Scope and Definitions
1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded between Rand Consulting GmbH (“Provider”, “we”, “us”) and its customers (“Customer”, “you”) through the online shop at www.randconsulting.at for the purchase or licensing of software, apps, digital content and related digital services (“Products”).
1.2 “Consumer” means any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession, in accordance with Section 1 of the Austrian Consumer Protection Act (KSchG). “Business Customer” means any customer who is not a Consumer.
1.3 Conflicting or deviating terms of the Customer do not apply, even if we do not expressly object to them. They only apply if we have expressly agreed to them in writing.
1.4 The contract language is English. We may also offer German versions; in case of doubt, the version shown at the time of the order applies.
2. Conclusion of Contract
2.1 The presentation of Products in the online shop is a non-binding invitation to submit an offer.
2.2 By clicking the button “Order with obligation to pay” (or a similarly worded button) at the end of the order process, the Customer submits a binding offer to purchase the selected Products. Before submitting, the Customer can review and correct the entries using the browser’s functions or the shopping cart.
2.3 We confirm receipt of the order by e-mail (order confirmation). This confirmation does not yet constitute acceptance. The contract is concluded when we send an express acceptance e-mail, provide the download link or license key, or activate the Product or the user account, whichever occurs first.
2.4 The text of the contract (order data and these GTC) is sent to the Customer by e-mail. The GTC can be viewed and saved at any time on our website.
2.5 Customers must be at least 18 years old or have the legally required consent of their legal representative. We reserve the right to decline orders without giving reasons, for example in case of suspected misuse or fraud.
3. Products, Licence and Scope of Use
3.1 The characteristics, system requirements, supported platforms and scope of functions of each Product are described on its product page. The Customer is responsible for ensuring that their hardware and software meet the stated system requirements.
3.2 Unless otherwise stated on the product page, we grant the Customer a non-exclusive, non-transferable, non-sublicensable, revocable (only in the case of material breach of contract) right to use the Product for the agreed purpose, for the agreed licence term and number of devices or users.
3.3 Unless mandatory law permits it, the Customer is not allowed to:
a) copy, modify, translate, decompile, disassemble or reverse engineer the Product, or create derivative works from it;
b) sell, rent, lend, sublicense or otherwise make the Product available to third parties;
c) remove or alter copyright notices, licence keys or technical protection measures;
d) use the Product in excess of the licensed number of users, devices or installations.
3.4 Mandatory statutory rights, in particular the rights under Sections 40d and 40e of the Austrian Copyright Act (UrhG) (e.g. making a backup copy, decompilation for interoperability), remain unaffected.
3.5 All intellectual property rights in the Products (including source code, designs, documentation and trademarks) remain with us or our licensors. The Customer acquires no ownership rights, only the right of use described here.
3.6 Open-source components contained in a Product are subject to their respective licence terms, which take precedence over this section for those components.
3.7 Products marketed as subscriptions or time-limited licences end automatically at the end of the term, unless a renewal has been expressly agreed (see Section 9).
4. Prices and Payment
4.1 All prices are stated in Euro (EUR). For Consumers, prices include statutory Austrian value-added tax (VAT) unless stated otherwise. For Business Customers, prices are stated net plus the applicable VAT, where VAT is chargeable. Reverse-charge rules apply to eligible EU business customers who provide a valid VAT ID.
4.2 Available payment methods are shown in the order process. [Insert your payment methods, e.g. credit card, PayPal, SEPA direct debit, bank transfer / invoice – to be adjusted to your shop settings.] Payments through third-party payment providers are additionally subject to those providers’ terms.
4.3 Payment is due immediately upon conclusion of the contract, unless a different payment term is expressly agreed. In the case of default, we are entitled to charge statutory default interest. For Business Customers, the default interest rate under Section 456 of the Austrian Commercial Code (UGB) applies, and we may also claim reasonable reminder and collection costs.
4.4 We may suspend access to the Product or the licence key until full payment has been received.
4.5 Chargebacks or failed payments caused by the Customer entitle us to charge the resulting bank fees to the Customer and to block the licence.
4.6 Offsetting against our claims is only permitted with counterclaims that are undisputed, legally established or related to the same contract. Consumers’ statutory right to offset in case of our insolvency remains unaffected (Section 6 (1) Z 8 KSchG).
5. Delivery and Provision of Digital Products
5.1 Products are delivered digitally, by download link, licence key, user account activation or access to a web or app service. Delivery takes place immediately after receipt of payment or confirmation of order, unless stated otherwise on the product page.
5.2 Delivery is made to the e-mail address provided by the Customer or via the Customer’s user account. The Customer must ensure that the e-mail address is correct and that e-mails from us are not blocked by spam filters.
5.3 App store products (for example from Apple App Store or Google Play) are additionally subject to the terms of the relevant store operator.
5.4 No physical shipping takes place; no shipping costs apply.
6. Right of Withdrawal for Consumers
6.1 Right of withdrawal. Consumers have the right to withdraw from a distance contract within 14 days without giving any reason.
6.2 Withdrawal period. For contracts for the supply of digital content not supplied on a tangible medium, the withdrawal period expires 14 days after the day on which the contract was concluded. For service contracts, including subscriptions for digital services, the period is 14 days from the day of conclusion of the contract.
6.3 How to withdraw. To exercise the right of withdrawal, the Consumer must inform us by a clear statement (for example, by letter or e-mail) of their decision to withdraw:
Rand Consulting GmbH, Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
E-Mail: info@randconsulting.at | Tel.: +43 (1) 9242122
The Consumer may use the model withdrawal form in Annex 1, but this is not mandatory. It is sufficient to send the communication before the withdrawal period expires.
6.4 Effects of withdrawal. If the Consumer withdraws, we will reimburse all payments received without undue delay and no later than 14 days from the day on which we receive the notice of withdrawal. We use the same means of payment as used for the original transaction, unless expressly agreed otherwise. No fees will be charged for this reimbursement.
6.5 Early expiry of the right of withdrawal – digital content. The right of withdrawal expires for contracts on the supply of digital content not supplied on a tangible medium (for example downloads and licence keys) as soon as we have begun to perform the contract, if the Consumer has (i) expressly consented to the start of performance before the end of the withdrawal period, (ii) acknowledged that they thereby lose their right of withdrawal, and (iii) we have provided the Consumer with a confirmation of the contract (Section 18 (1) Z 11 of the Austrian Distance and Off-Premises Contracts Act, FAGG). The Customer gives this consent and acknowledgement by ticking the relevant checkbox in the order process.
6.6 Services. If the Consumer requests that the performance of a digital service begins during the withdrawal period, the Consumer must pay us a proportionate amount for the services already provided up to the time of withdrawal. The right of withdrawal expires once the service has been fully performed, if performance began with the Consumer’s express consent and acknowledgement that the right of withdrawal is lost upon full performance (Section 18 (1) Z 1 FAGG).
6.7 There is no right of withdrawal for Business Customers.
7. Warranty and Conformity of Digital Products
7.1 We are liable for defects in accordance with the statutory provisions, in particular the Austrian Consumer Warranty Act (VGG) for Consumers, and Sections 922 et seq. of the Austrian General Civil Code (ABGB) in other cases, unless otherwise stated below.
7.2 Consumers. The Product must conform to the contract, in particular regarding the agreed description, functionality, compatibility, interoperability and security. We provide Consumers with updates (including security updates) required to keep the Product in conformity for the period the Consumer can reasonably expect, or for the agreed supply period for continuous supply. Consumers must install such updates within a reasonable time; if they fail to do so, we are not liable for defects resulting solely from the missing update, provided we have informed the Consumer of the update and the consequences of non-installation.
7.3 In the event of a defect, the Consumer is entitled to request that the Product be brought into conformity (repair or replacement). If this is impossible, disproportionate or not carried out within a reasonable time, the Consumer may demand a price reduction or terminate the contract, in accordance with the statutory provisions.
7.4 Business Customers. The warranty period for Business Customers is 12 months from delivery. Section 377 of the Austrian Commercial Code (UGB) applies: the Customer must inspect the Product immediately and report obvious defects in writing within 5 working days after delivery, and hidden defects within 5 working days after discovery. Otherwise warranty claims are excluded. The presumption of defectiveness at delivery (Section 924 ABGB) does not apply. We may choose between repair and replacement. Recourse claims under Section 933b ABGB are excluded to the extent permitted by law.
7.5 The warranty does not cover defects caused by improper use, unauthorised modifications, incompatible hardware or software, or third-party components not supplied by us.
7.6 We do not guarantee that the Products operate uninterrupted or completely error-free. Minor deviations that do not impair the intended use do not constitute a defect.
8. Liability
8.1 We are liable without limitation for damage to life, body or health, for damage caused intentionally or by gross negligence, and where liability cannot be excluded by mandatory law (including the Austrian Product Liability Act).
8.2 Consumers. In cases of slight negligence, we are liable only for the breach of essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on which the Customer may regularly rely), and only to the extent of typical and foreseeable damage. Statutory provisions that cannot be excluded remain unaffected.
8.3 Business Customers. For Business Customers, our liability for slight negligence is excluded. In cases of gross negligence, liability is limited to the foreseeable, typical damage and, in any event, to the net order value of the affected Product. We are not liable for indirect damage, consequential damage, lost profit, loss of data, loss of savings or damage from third-party claims. The burden of proof for fault lies with the Customer. Claims for damages expire after one year from knowledge of the damage and the damaging party, but no later than three years after the damaging event.
8.4 The Customer is responsible for regular data backups and for the appropriate protection of their systems. We are not liable for data loss unless the loss would have occurred even with regular, proper backups.
8.5 We assume no liability for third-party content, links or services and for the availability of third-party platforms (e.g. app stores, payment providers, hosting providers).
9. Subscriptions and Renewals
9.1 For Products with a limited term (“Subscriptions”), the term (for example one year), the price and the renewal terms are stated on the product page and in the order process. Lifetime licences have no expiry date.
9.2 Subscriptions do not renew automatically, and no payment is collected without the Customer’s action. Before the end of the term we send the Customer reminder e-mails with a renewal link. The term is only extended if the Customer places and pays a renewal order; the new term starts at the end of the current term, so renewing early does not shorten it. No cancellation is required: if the Customer does not renew, the Subscription simply ends on its expiry date.
9.3 After the expiry date, the Customer no longer receives updates and support. Depending on the Product, as stated on the product page, the software either continues to work in the last version installed, or its licensed features are deactivated until the licence is renewed.
9.4 Both parties’ right to terminate for good cause remains unaffected. A good cause for us exists in particular if the Customer materially breaches Section 3 or is in payment default despite a reminder.
9.5 Renewals are charged at the price shown in the online shop at the time of the renewal order. As every renewal requires a new order by the Customer, a changed price only applies if the Customer accepts it by placing the renewal order.
10. Customer Obligations
10.1 The Customer must keep access data and licence keys confidential and protect them from unauthorised access. The Customer must notify us immediately if they suspect misuse.
10.2 The Customer is not permitted to use the Products to violate laws or third-party rights, to distribute malware, or to harm the operation, security or integrity of our systems and services.
10.3 In case of breach, we may suspend or block access and, in severe cases, terminate the contract for good cause. Statutory rights of Consumers remain unaffected.
11. Changes to the Products and the GTC
11.1 We may modify Products (for example, to adapt them to technical developments, security requirements or legal changes), provided the modification does not materially affect the agreed functionality for the Customer or the Customer is informed in time and in a clear manner and is given the right to terminate free of charge, in accordance with the statutory provisions.
11.2 We reserve the right to amend these GTC with effect for future contracts. For existing continuing contracts, amendments require the Customer’s consent. Silence is only deemed consent if we have expressly informed the Customer in text form, with at least one month’s notice, of the amendment and the consequences of silence, and the Customer has not objected within that period. In case of objection, the existing terms continue to apply, and each party may terminate the continuing contract at the next possible date. This clause does not apply to changes that affect essential contractual obligations or the price/service ratio, which require express consent.
12. Data Protection
12.1 We process personal data in accordance with the EU General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG) and other applicable provisions. Details are set out in our Privacy Policy available at www.randconsulting.at.
12.2 We process the data required for the performance of the contract (e.g. name, address, e-mail, payment data, licence data) on the basis of Art. 6 (1) (b) GDPR, and where necessary to comply with legal obligations (e.g. tax and accounting retention duties) on the basis of Art. 6 (1) (c) GDPR.
13. Confidentiality
Both parties will treat confidential information received in the course of the contract as confidential and use it solely for the purposes of the contract. This does not apply to information that is publicly known, that was already known to the receiving party, or that must be disclosed by law or official order.
14. Dispute Resolution and Consumer Information
14.1 We are not obliged to take part in alternative dispute resolution proceedings before a consumer arbitration board but are willing to try to resolve disputes amicably. Consumers can contact us at any time at info@randconsulting.at.
14.2 Consumers may also use the Austrian consumer dispute resolution bodies, e.g. the Internet Ombudsman (www.ombudsmann.at) or the Arbitration Board for Consumer Matters in the Austrian Telecommunications Sector, where applicable. [Please adjust this section if you have joined a specific arbitration body.]
14.3 Consumers with a residence in the EU can also contact the consumer protection authority or the European Consumer Centre Austria (www.europakonsument.at).
15. Applicable Law and Jurisdiction
15.1 Austrian substantive law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only to the extent it does not deprive the Consumer of the protection of mandatory provisions of the law of the country in which they have their habitual residence.
15.2 Consumers: If the Consumer has their domicile, habitual residence or place of employment in Austria, the Consumer can be sued or sue only before the courts having jurisdiction for that place (Section 14 KSchG). Mandatory statutory jurisdictions for Consumers in the EU remain unaffected.
15.3 Business Customers: The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is the court with subject-matter jurisdiction for Vienna, Austria (Commercial Court Vienna, if applicable). The place of performance is Vienna.
16. Final Provisions
16.1 Amendments and additions to the contract require written or text form. This also applies to any waiver of this requirement. Overriding individual agreements remain unaffected.
16.2 If individual provisions of these GTC are or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a valid provision that comes closest to its economic purpose. For Consumers, the statutory provisions apply instead of the invalid provision.
16.3 The Customer may only assign rights and obligations under the contract to third parties with our prior written consent. This does not apply to Consumers where mandatory law provides otherwise.
16.4 These GTC are available in English. In case of discrepancies between language versions, the German version prevails, to the extent permitted by law. [Delete this sentence if you do not provide a German version.]
Annex 1 – Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Rand Consulting GmbH
Promenadegasse 57 / Haus C / 6, 1170 Vienna, Austria
E-Mail: info@randconsulting.at
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods / for the provision of the following service / for the supply of the following digital content ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.