Basic Provisions 1.1. Deliveries, services, and offers from Tech Solutions. Transactions with Shop Win & Office Keys (hereinafter “Seller”) are based exclusively on these General Terms and Conditions (hereinafter “GTC”). They therefore also apply to all future business relationships, even if they are not expressly agreed upon again. The buyer’s (hereinafter “Customer”) references to his terms and conditions are rejected.
1.2. These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Unless the following general terms and conditions contain a separate reference, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3. Additions or changes to the conditions require the written confirmation of the transport company. The original order is decisive for the content of the contract.
1.4. We are entitled to make changes to the design and form of the goods, provided these changes are not fundamental and the purpose of the contract is not significantly restricted.
1.5. By placing an order in accordance with clause 2.2, the customer acknowledges these GTC.
Conclusion of Contract 2.1. The subject of the contract is the sale of downloadable products (digital content not delivered on a physical medium, such as digitally available product keys, access codes, or other digitally available information). By listing the respective download product on our website, we make the customer a binding offer to conclude a contract under the conditions mentioned in the item description.
2.2. In a contract for the delivery of digital goods, in a contract for the delivery of software (hereinafter: “Software Purchase”), the seller owes the permanent transfer of the software specified in the license certificate into the subject 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. Until the full payment of the purchase price according to clause 8, the delivered user documentation is subject to the seller’s retention of title. The description of the respective product in the respective online shop or marketplace of the seller is decisive for the quality of the software. The seller also has rights according to clause 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 goes through the electronic ordering process. By clicking the button to complete the order process, the customer submits a legally binding contract offer for 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 requesting the customer to pay after placing his order. This also includes selecting 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, this is considered a rejection of the offer, with the result that the customer is no longer 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 done by email, as is the delivery of downloadable products. The customer must therefore ensure that the email address he has provided is correct and that spam filters do not prevent the receipt of emails.
Right of Withdrawal 3.1. Consumers generally have a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose exclusive residence and delivery address are outside the European Union at the time the contract is concluded.
3.4. You have the right to cancel this contract within 14 days from the day of the conclusion of the contract without giving any reason. However, not before receiving the goods and the cancellation policy in text form by email.
Warranty 4.1. The statutory warranty rights apply.
4.2. The customer is asked to check the integrity and obvious defects of 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 statutory warranty claims.
4.3. Only our own information and the manufacturer’s product description are considered the quality of the item, but not other advertising, public praise, and manufacturer information.
4.4. The warranty period is one year from the delivery of the goods. The shortened term does not apply to:
– Damages for which we are responsible resulting from injury to life, body, or health, and other damages caused intentionally or by gross negligence; – As far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item; – In the case of statutory recourse claims that you have against us due to warranty rights.
4.5. If the customer refuses the seller’s delivery for a reason other than a significant defect that significantly restricts or makes use impossible, even though the seller has declared his willingness to perform, the customer is in default of acceptance. The delivery may not be refused due to minor defects.
4.6. Defects that are due to improper operation, system components changed contrary to the contractual basis, the use of unsuitable 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 are excluded from the warranty. If the goods are used in connection with third-party devices, there is a warranty for functional and performance defects only if these defects also occur without such a connection or if compatibility with these elements is part of the contractually agreed quality.
4.7. If the delivery is defective, the seller can, at his discretion, remedy the defect (rectification) or deliver a defect-free item (replacement delivery). In the latter case, the customer is obliged to return the defective goods to the seller according to the legal regulations on request. If the customer is a consumer, the above sentence applies with the proviso that the benefits may not be transferred or devalued. The customer must give the seller time and opportunity for further performance, especially for subsequent performance.
Granting of Rights in a Software Delivery Contract Section 4.8. applies exclusively to contracts for the purchase of software according to clause 2.2. With the full payment of the purchase price, the customer receives a non-exclusive and unlimited right to use the goods within the contractually granted scope. Even before this point in time, the seller can provisionally approve the use of the goods. The goods may only be used simultaneously by a maximum number of natural persons corresponding to the number of goods purchased by the customer. Permitted use includes installing the software, loading it into main memory, and using it as intended by the customer. Under no circumstances is the customer entitled to rent, sublicense, publicly reproduce, or make the purchased goods accessible wirelessly or wired 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 acquired copy of the software to a third party by handing over 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 specific period. longer time. At the seller’s request, the customer will confirm in writing the complete implementation of the above measures or, if necessary, explain the reasons for the longer storage. In addition, the customer will expressly agree with the third party to observe the scope of the granting of rights according to this clause 4.9. Splitting purchased volume packages is not permitted.
Prices and Payment Conditions 5.1. Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs are separately indicated in the description of the respective product.
5.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of money even 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) are communicated to the customer in the seller’s online shop or on the respective marketplace.
5.4. If advance payment by bank transfer is 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 with a payment method of the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), the payment processing is carried out via PayPal, The terms of use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, 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 of business banks for open current account credits, but at least at the rate of 4% above the Bundesbank discount rate, plus the currently valid statutory value-added tax. The interest is due immediately.
Delivery and Shipping Conditions 6.1. The digital content is made available to the customer by providing a download link in electronic form as a download. Product keys are sent to the customer by email.
Retention of Title 7.1. Until the full payment of all claims due to us from the business relationship with the customer, we retain ownership of the goods.
7.2. Asserting the retention of title does not constitute a withdrawal from the contract. However, we are entitled to dispose of the reserved goods elsewhere after a reasonable period and to deliver the same or equivalent goods to the customer after full payment of the purchase price.
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 remains unaffected; § 354a HGB does not apply to consumers.
8.2. With the start of the business relationship, customer data, which may also be personal data, is saved and processed and transmitted as far as necessary for processing the order.
8.3. Only German law applies, excluding the UN Sales Convention and references to international procedural and private law. For consumers, this choice of law only applies insofar as mandatory provisions of the law of the state in which the consumer has his habitual residence do not offer more extensive protection.
8.4. The exclusive place of jurisdiction for all disputes arising from and in connection with the contracts to which these GTC apply is the seller’s place of business; however, the seller is entitled to sue the customer at any legally permissible place of jurisdiction. This regulation does not apply to consumers.
