Terms and Conditions
Subject matter of contract
- DCOM Distribution GmbH(hereinafter referred to as DCOM) enables users to purchase services or products online by means of so-called eVouchers from providers selected by DCOM via the website dcom.at (hereinafter referred to as the website) or to top up prepaid card credit directly (hereinafter referred to as the service). To do this, the user must legally have an e-mail address via which DCOM can contact the user.
- eVouchers in the context of these provisions are messages in electronic form in which DCOM provides the user with the data required for the purchase of services or products.
- The following conditions apply to the ordering of eVouchers and their transmission to the user as well as the direct top-up by DCOM.
- The services or products purchased through the eVouchers represent claims of the user against the respective provider. The services and products are provided or supplied exclusively by the respective provider and are subject to their contractual terms and conditions.
- Except for the service, DCOM does not provide any services. A contractual relationship for the use of other services, especially mobile services, exists exclusively between the user and the respective provider with whom the user has concluded a contract for the service. The provider’s terms and conditions are also exclusively authoritative for the administration and use of any balances, especially prepaid card balances.
- The service is only available for the services and products specified by DCOM on the website and the payment methods listed there. The relevant information regarding services, products, and payment methods can be changed by DCOM at any time.
- DCOM expressly informs the user that providers often stipulate that the data transmitted via eVoucher must be used within a certain period, or it will expire. To ensure the validity of the received data and to avoid expiration, the user must top up the credit within the specified validity date.
Conclusion of the contract
- The user selects the desired service or product on the website. For topping up prepaid card credit, the user also specifies the desired credit amount and the mobile number if the top-up is to be done directly by DCOM (This service is not available for all products). After selecting the payment method and entering their email address, the user submits a binding offer by clicking the “Buy Credit” button.
- The contract is subsequently concluded by the transmission of the eVoucher to the user or, if applicable, by the direct top-up of the prepaid card credit. The user receives an order confirmation at the specified email address. If DCOM rejects the offer, the user will be notified.
- The eVoucher is transmitted to the user’s computer and displayed in a browser window. The user has the option to print the eVoucher, save it as a PDF, and then send it via email.
- The user must then follow the instructions provided by DCOM for obtaining the ordered service or product. Typically, the user needs to call the service number of the respective provider or visit their website and enter the provided data. The provision of the ordered service or the delivery of the ordered product is then carried out by the provider. In the case of direct top-up of prepaid card credit by DCOM, DCOM performs the activation.
- The transmission of eVouchers or direct top-up takes place within 3 hours as agreed. Therefore, according to § 18 FAGG, there is no right of withdrawal.
- The provision of the service is carried out in quantities customary for end customers. DCOM reserves the right to discontinue the provision if quantities customary for end customers are exceeded or if there is suspicion of abuse.
- With the transmission of the eVoucher or the direct top-up with the provider, DCOM has fulfilled its obligations under this contract.
Due date and payment, default
- With the online order, the validity of the user-specified payment method is checked by the respective payment institution, and the payment is reserved in advance. After successful reservation, the service is provided. If, for any reason, the customer does not comply with the payment terms, DCOM reserves the right to block users from the services or reject offers at its discretion. The user will then receive an error message rejecting the order.
- The fee for services and products obtainable through eVouchers is determined by the respective provider. The fee for topping up prepaid card credit corresponds to the nominal value of the prepaid card credit chosen by the user when placing the order. The use of DCOM’s service is free unless stated otherwise. The user is responsible for any costs for internet connection and any costs incurred for calling the service number of the provider, which are solely determined by the provider.
- The user authorizes DCOM to debit the due amount from the payment method account provided by the user.
- The fee for the ordered service or product becomes due with the transmission of the eVoucher or with the directly performed top-up and is debited via the payment method specified by the user.
- The prices stated at the time of ordering apply, including VAT. The currency unit is EURO.
- DCOM reserves the right to check the validity of the chosen payment method and the creditworthiness of the customer before providing the service.
- In no case does DCOM assume liability for damages other than those caused by gross negligence or intent. DCOM is not liable for consequential damages. However, the above exclusion of liability does not apply to liability for personal injury. DCOM also cannot guarantee the perpetual availability of all products.
- The liability for damage caused by a negligently caused event is limited to EUR 200.00 (two hundred euros) per user, and EUR 2,000.00 (two thousand euros) in total for all affected parties.
- DCOM assumes no guarantee for the availability and functionality of technical systems for placing an order. DCOM is not liable for any damages arising from the use of the website, and the user assumes full responsibility.
- DCOM is not liable for services and products offered by providers, especially not for services related to the prepaid card agreement. This exclusion also applies to the availability of the balance after top-up. DCOM is not responsible for the functionality of the websites and service numbers operated by the providers.
- The above exclusions and limitations of liability also apply to any liability of employees, workers, representatives, and agents of DCOM. 5.6 Warranty is provided in accordance with legal regulations.
- DCOM reserves the right, in the event of an unfounded complaint, to claim compensation from the user for the resulting costs.
- By entering the data, the user allows DCOM to store and process the data.
- DCOM stores, processes, and uses the data collected from the user at the conclusion of the contract in accordance with the relevant data protection regulations for the purpose of contract processing, customer care and information, risk management, and statistical purposes. DCOM does not disclose personal data to third parties without the explicit consent of the user, unless there is a legal obligation to transmit the data.
- DCOM explicitly points out that, despite all technical precautions, the internet does not allow for absolute data security. DCOM is not liable for harmful or otherwise detrimental actions by third parties against the user.
Industrial property rights and copyrights
- The website as well as the underlying software and database are protected by copyright. Providing them for use within the scope of these terms and conditions does not constitute a waiver of copyright or other industrial property rights.
- DCOM expressly reserves all rights legally and contractually available to it, which protect the website, the software, the database, or parts thereof.
- This also applies to rights to published texts, the design of the website, and the used logo.
- The website may only be used in the manner provided by DCOM. Copying, sharing, transmitting, or publishing data in any form is not allowed. Commercial use of the data in dealings with third parties is also not permitted.
- Any use not expressly permitted in these terms and conditions requires the prior, explicit, written consent of DCOM.
- The language of the contract, order, and business is German.
- This contract is exclusively subject to the law of the Republic of Austria, with the exception of the referral norms of international private law and the UN Convention on Contracts for the International Sale of Goods.
- The place of performance is the registered office of DCOM in Vienna. If the user is not a consumer within the meaning of the Consumer Protection Act, the Commercial Court of Vienna is competent for all disputes arising in the course of the execution of this contract.
- If the consumer has his domicile, habitual residence, or place of employment in Austria, the court in whose district the domicile, habitual residence, or place of employment is located is competent for a lawsuit against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 of the Judicial Code; this does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer protection regulations at the consumer’s place of residence are also applicable to the contractual relationship.