1. Basic provisions
1.1. Tech Solutions Deliveries, Services and Offerings. transactions with Shop Win & Office Keys (hereinafter “seller”) are made exclusively on the basis of these terms and conditions (hereinafter “GTC”). Therefore, they also apply to all future business relationships, even if they are not expressly agreed upon again. The buyer’s (hereinafter, the “customer”) references to its terms and conditions are contradicted.
1.2. These GTCs apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). If the following terms and conditions do not contain a separate note, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3. The additions or modifications of the conditions require the written confirmation of the transport company. The original of the purchase order is decisive for the content of the contract.
1.4. We may make changes to the design and shape of the Goods, provided that these changes are not of a fundamental nature and the contractual purpose is not materially restricted.
1.5 By placing the order in accordance with Section 2.2, the customer accepts these GTC.
2. Conclusion of the contract
2.1. The subject of the contract is the sale of downloadable products (digital content that is not delivered on a physical data carrier, such as digitally available product keys, access codes or other digitally available information) including associated licences. By placing the respective download product on our website, we make the customer a binding offer to conclude a contract under the conditions specified in the item description.
2.2. In the case of a contract for the delivery of digital goods, in the case of a contract for the delivery of software (hereinafter: “software purchase”), the seller owes the permanent transfer of the software specified in the license certificate in the object code. The seller is responsible for pointing out the possibility of downloading the software and providing a printed or downloadable version of the associated user documentation. Prior to full payment of the purchase price in accordance with Section 8, the delivered user documentation is subject to the seller’s reservation of title. The description of the respective product in the respective online shop or marketplace of the seller is decisive for the nature of the software. Seller must also grant rights pursuant to Section 4.8.
2.3. The contract is concluded via the online shopping cart system: the customer places the selected products in the virtual shopping cart and carries out the electronic ordering process. By clicking the button to complete the ordering process, the customer concludes a legally binding contract offer regarding the products contained in the shopping cart. The customer can also send the offer to the seller by email.
2.4. The seller can accept the customer’s offer within five days by asking the customer to pay after placing his order. This also includes the selection of a payment method in the ordering process, through which payment is made before the ordered products are shipped. The offer acceptance period begins the day after the offer is sent by the client and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer’s offer within the aforementioned period, it will be considered a rejection of the offer with the result that the customer will no longer be bound by his declaration of intent.
2.5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, as is the delivery of downloadable products. Therefore, the customer must ensure that the email address provided to us is correct and that SPAM filters do not prevent the receipt of emails.
3. Right of withdrawal
3.1. Consumers are generally entitled to a right of withdrawal.
3.2. You can find more information about the right of cancellation in the seller’s cancellation policy.
3.3. The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose only place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
3.4 You have the right to revoke this contract 14 days from the day of the conclusion of the contract without giving any reason.
However, not before receipt of the goods and the cancellation policy in text form by e-mail.
4. Warranty
4.1. Statutory warranty rights apply.
4.2. The customer is asked to verify the integrity andobvious defects in the item immediately after delivery and to report any complaints to us as soon as possible. If the customer does not comply, this has no effect on his legal warranty claims.
4.3. As to the quality of the item, only our own information and the manufacturer’s product description shall be deemed agreed, but not other advertisements, public promotions and manufacturer’s statements.
4.4. The warranty period is one year from the delivery of the goods. The reduced term does not apply:
- Damages caused wrongfully attributable to us as a result of injury to life, body or health and other damages caused intentionally or by gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the event of statutory rights of recourse you have against us in relation to warranty rights.
4.5. If the customer refuses the seller’s delivery for a reason other than a significant defect that severely restricts the use or makes it impossible, even though the seller has declared its willingness to comply, the customer is in default of acceptance. Acceptance of delivery may not be refused for insignificant defects.
4.6. The warranty does not cover defects that are due to improper operation, system components modified contrary to the contractual basis, use of inadequate organizational means, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual operating conditions or interventions in the system by customers or third parties. If the goods are used in connection with third-party devices, a guarantee for functional and performance defects only exists if such defects also occur without such connection or if compatibility with these elements is part of the contractually agreed quality.
4.7. If a delivery is defective, the seller may choose to remedy the defect (rectification) or deliver an item without defects (replacement delivery). In the latter case, the customer is obliged to return the defective merchandise at the request of the seller in accordance with the legal provisions. If the customer is a consumer, the previous sentence applies with the proviso that the uses must not be transferred or replaced for their value. The customer must give the seller time and opportunity for further performance, in particular for rectification.
- Grant of rights in a software delivery contract
- Section 4.8. applies exclusively to contracts for the purchase of software in accordance with Section 2.2.
- With full payment of the purchase price, the customer receives a non-exclusive and unlimited right to use the goods to the extent granted in the contract. The seller may provisionally authorize the use of the goods even before this time. The goods may only be used simultaneously by a maximum number of natural persons corresponding to the goods purchased by the customer. Permitted use includes installing the software, loading it into main memory, and using it as intended by the customer. In no case does the customer have the right to rent or sublicense the purchased goods, publicly reproduce them or make them accessible by cable or wireless, or make them available to third parties for a fee or free of charge. Clause 4.9 c) remains unaffected.
- The customer has the right to create a backup copy of the software if necessary to ensure its future use.
- The customer has the right to permanently transfer the purchased copy of the software to a third party by delivery of the documentation. In this case, you will completely stop using the software, delete all installed copies of the software from your computers and delete all copies on other data carriers or hand them over to the seller, unless you are legally obliged to keep them for a period of longer time. At the seller’s request, the customer will confirm in writing that the above measures have been fully carried out or, if necessary, explain the reasons for longer storage. In addition, the client will expressly agree with the third party to observe the scope of the grant of rights in accordance with this Section 4.9. Splitting purchased volume packs is not allowed.
5. Prices and payment conditions
5.1. Unless otherwise stated in the seller’s product description, prices shown are total prices including statutory sales tax. Any additional delivery and shipping costs are specified separately in the descriptionof the respective product.
5.2. For shipments to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are borne by the customer. These include, for example, the costs of money transfers by banks (eg transfer fees, foreign exchange fees) or import duties or taxes (eg customs duties). Such costs may also be incurred in connection with the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3. The payment option(s) will be communicated to the customer in the seller’s online store or in the respective marketplace.
5.4. If advance payment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5.5. When paying using a payment method offered by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), the payment is processed via PayPal, subject to PayPal’s Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account , under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6. If the customer is in default, we are entitled to charge interest at the rate commercial banks charge for open overdrafts, but at least 4% above the Bundesbank discount rate, plus the applicable statutory value added tax. Interest is due immediately.
6. Delivery and shipping conditions
6.1. The digital content is made available to the customer in electronic form as a download by providing a download link. Product keys are emailed to the customer.
- Retention of title
7.1. We retain title to the goods until all claims to which we are entitled from business relations with the customer have been paid in full.
7.2. The affirmation of the retention of title does not constitute a withdrawal from the contract. However, we are entitled to otherwise dispose of the goods for which retention of title was claimed after a reasonable period of time and to deliver the same or equivalent goods to the customer after full payment of the purchase price.
8. Final Provisions
8.1. The contractual partner is only entitled to assign rights and claims from the contractual relationship to third parties with the prior written consent of the seller. § 354a HGB is not affected; § 354a HGB does not apply to consumers.
8.2. With the start of the business relationship, customer data, which may also be personal data, will be stored and, to the extent necessary for the execution of the order, processed and transmitted.
8.3. Exclusively German law applies, excluding UN sales law and references to international procedural and private law. For consumers, this choice of law only applies to the extent that non-mandatory provisions of the law of the state in which the consumer has his habitual residence provide broader protection.
8.4. The exclusive place of jurisdiction for all disputes arising out of and in connection with the contracts to which these GTC apply is the registered office of the seller; however, the seller has the right to sue the customer in any legally permissible place of jurisdiction. This regulation does not apply to consumers