The PIXIT Design GmbH (hereinafter referred to as PIXIT) provides under the name MONTROIT graphic templates, pre-produced photo and video content, website templates as well as software and software modules in digital format for download, which can be requested and downloaded by anyone. For all transactions concluded by MONTROIT with customers by means of distance selling within the meaning of the Austrian Distance Selling Act, the following General Terms and Conditions (GTC) apply.
These General Terms and Conditions (GTC) apply to all contracts concluded between PIXIT and its customers in the context of distance selling and using electronic means of distance communication.
General terms and conditions of customers who deviate from or contradict these terms and conditions shall not apply to the contractual relationship with PIXIT.
The information contained on the internet pages of PIXIT does not constitute a binding offer.
The contract with PIXIT only comes about when the customer accepts the terms and conditions, clicks the order button and completes his order successfully. The confirmation e-mail sent by us after completing the order process is expressly not a prerequisite for the conclusion of the contract.
The customer must ensure that he meets the technical and actual requirements for receiving the digital products. He is also responsible for providing suitable software that allows the proper opening, editing, management and printing of the files.
Customer requests for services are forwarded to our agency, which considers them as a regular agency request. Due to limited time resources, therefore, no fixed commitment for the creation of a service can be guaranteed.
Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. The delivery address of a digital download is the customer’s e-mail address.
Prices and payment
For the customer orders only the prices indicated on the internet pages of PIXIT apply. Unless otherwise stated, the prices already include the respectively valid, statutory value added tax. The quoted prices do not include any levies or other costs incurred in the provision of the products.
In addition, PIXIT reserves the right to charge additional fees through payment methods.
The customer must ensure the accuracy of his information or data when ordering. Subsequent changes to invoices can not be made.
Corporate customers who are not based in Austria, but within an EU country, will receive a VAT-exempt invoice upon registration as a corporate customer, stating the company data and a valid VAT number. The customer is responsible for the correct indication of the VAT number and is liable in the case of a false statement for all resulting damages.
Reservation of proprietary rights
The products remain the property of PIXIT until full payment by the customer. Only with the full payment of the entire purchase price, the customer receives the right of use according to the selected license.
Warranty, limitation of liability
PIXIT takes great care in the creation and ongoing maintenance/development of the products. There is no guarantee that the products are suitable for the specific needs of the customer.
Under no circumstances PIXIT will be liable for any direct or indirect damages, special, incidental or consequential damages, including, without limitation, loss of data or profit arising out of the use or inability to use the products, even if our team has pointed out the possibility of such damages. If the use of the products on this website requires the maintenance, repair, or correction of equipment or data, the customer will be responsible for the costs incurred. PIXIT is not responsible for any consequences that may occur while using our products.
PIXIT is liable for any personal injury only within the scope of the statutory provisions. For other damages PIXIT is liable only if intent or gross negligence is to be blamed.
Furthermore, the statutory provisions for warranty apply.
Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract.
All orders of digital content are binding, as far as the customer has expressly given his consent to the execution of the contract and has started the download – after expressly granted consent to the execution of the contract and the beginning of the download, the revocation is therefore no longer possible.
The client bears the entire risk of losing the digital content he has downloaded, including loss due to computer or hard drive failure. We therefore recommend the regular creation of data backups.
The customer data (name, address, order data, etc.) from the respective business case are used for the purposes of processing the transaction, in particular for administrative and billing purposes, supported by automation.
The customer expressly agrees that PIXIT may provide information to other companies and third parties (PIXIT’s business/contractual partners, etc.) for the proper fulfillment of the business.
All copyrights, usage rights and other proprietary rights to the products of PIXIT remain with PIXIT. All copyrights, usage rights and other proprietary rights to third-party products remain with them. The user may only use the products for his own purposes and is not entitled to make them available to third parties on the Internet or in any other way, be it for consideration or free of charge, unless the purpose of the products so dictates. The commercial duplication and the resale of the products are excluded.
Should a provision in these terms and conditions be or become ineffective, this does not invalidate the entire contract. Ineffective provisions shall be replaced by those legally permissible provisions that come closest to the economic purpose intended by the parties.
It is exclusively Austrian law, excluding its reference standards from international private law to apply.
Jurisdiction for entrepreneurs is the relevant court in Wiener Neustadt. Legal disputes with consumers must be settled in their locally and objectively competent court.