Terms and Conditions - General Terms and Conditions
Terms and conditions
Table of contents
- 1) Scope
- 2) Conclusion of Contract
- 3) Right of Withdrawal
- 4) Prices and Payment Terms
- 5) Delivery and Shipping Terms
- 6) Usage Rights for Digital Content
- 7) Usage Rights for Product Keys
- 8) Retention of Title
- 9) Liability for Defects (Warranty)
- 10) Applicable Law
- 11) Alternative Dispute Resolution
1) Scope
1.1 General Provisions
These General Terms and Conditions (hereinafter "GTC") of SoftwareKing24 (hereinafter "Seller") apply to all contracts concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the Seller's online shop. They govern the terms for the purchase of physical goods, digital products, and license keys.
Deviating conditions of the Customer do not apply unless expressly agreed otherwise in writing. Any conflicting GTC of the Customer are hereby expressly rejected unless the Seller explicitly agrees in writing to their validity.
1.2 Applicability to Digital Content
The provisions of these GTC also apply to the purchase of digital content unless expressly stated otherwise. Digital content includes, among other things, software, e-books, music files, video or audio content that is not provided on physical data carriers but transmitted in electronic form.
The Seller grants the Customer a non-exclusive, non-transferable right to use these digital contents unless otherwise agreed. The Customer is not entitled to share or reproduce the content without the prior consent of the Seller.
1.3 License Keys and Their Use
The GTC equally apply to contracts for the provision of license keys required for the activation or use of software. By purchasing a license key, the Customer only acquires the right to use the respective software within the framework of the manufacturer's license terms. Acquisition of intellectual property or further usage rights is expressly excluded.
The Seller assumes no liability for the availability or functionality of the software, as far as it is provided by third parties. The product description in the online shop reflects the essential characteristics of the software and is decisive for the scope of the acquired usage rights.
1.4 Definition of Consumers and Entrepreneurs
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are not attributable to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
The distinction between consumers and entrepreneurs is significant for certain statutory protection provisions, particularly regarding the right of withdrawal and warranty. Consumers generally enjoy broader protection under mandatory statutory provisions.
1.5 Provision of Digital Content
Digital content is provided to the Customer exclusively in electronic form. This may occur through a download link, an email with the relevant access data, or provision via a customer account on the Seller's website.
The use of digital content is subject to the provisions regulated in these GTC as well as any additional license conditions. It is the Customer's responsibility to ensure that the technical requirements necessary for use are met. The Seller assumes no warranty for compatibility with specific hardware or software configurations of the Customer.
2) Conclusion of Contract
2.1 Non-Binding Nature of Product Representations
The products presented in the seller's online shop, including physical goods, digital content, and license keys, do not constitute binding offers. They rather serve as an invitation to the customer to submit a legally binding purchase offer.
All product descriptions, images, and technical information are for general information purposes only. Errors or deviations are possible, especially if the manufacturer makes changes to its products. The seller strives to keep all information up to date but cannot guarantee that all information is complete or error-free at all times.
2.2 Submission of an Offer by the Customer
The customer can submit an offer to purchase the goods or digital content displayed in the online shop by completing the online ordering process and clicking the final order button.
The ordering process includes the following steps:
- Selection of the desired products and their placement in the virtual shopping cart.
- Entering the billing and shipping address as well as the desired payment method.
- Reviewing the order data and correcting any input errors.
- Completing the order by pressing the order button, thereby submitting a binding purchase offer.
By submitting the order, the customer acknowledges the applicability of these terms and conditions.
2.3 Acceptance of the Offer by the Seller
The seller can accept the customer's offer within five working days in the following ways:
- By sending a written or electronic order confirmation (e.g., via email or fax). The time of receipt of the confirmation by the customer is decisive.
- By delivering the ordered goods. Here, the time of receipt of the goods by the customer is decisive.
- By requesting payment after the order has been placed, e.g., in the case of advance payment.
If multiple of these acceptance options occur, the contract is concluded at the moment when one of the mentioned alternatives is fulfilled first.
If the five-day period expires without acceptance of the offer by the seller, the offer is considered rejected. In this case, the customer is no longer bound by their declaration of intent.
2.4 Special Conditions for PayPal Express
When choosing the payment option "PayPal Express," the contract is concluded in a special manner:
- The customer is redirected directly to PayPal during the ordering process, where they authorize the payment.
- By confirming the payment, the customer simultaneously submits their purchase offer.
- The seller accepts this offer already with the payment authorization through PayPal.
Thus, the contract is concluded at the moment the customer clicks the payment button and completes the transaction.
2.5 Storage of the contract text
After the order is completed, the seller stores the contract text. The customer receives a copy of the contract information, including the terms and conditions, via email or on another permanent data carrier.
If the customer has a user account in the online shop, they can view and manage their orders there. No further provision of the contract text will be made. It is the customer's responsibility to secure the contract documents independently.
2.6 Detection and correction of input errors
Before finalizing the order, the customer has the opportunity to review and correct their entries. This can be done using the back function of the browser or by directly editing the order fields.
A helpful technical tool for better detection of input errors is the browser's zoom function, which allows for an enlargement of the display. Customers are advised to carefully check all information before submitting their order.
2.7 Language of the contract
The conclusion of the contract takes place exclusively in German, English, or Romanian. This applies to both the order processing and all related documents, correspondences, and legal notices.
2.8 Communication and order processing
Communication in the context of order processing takes place exclusively via email. Customers must ensure that the email address they provided is correct and that they can receive messages from the seller.
This is particularly important if the customer uses spam filters. The seller assumes no liability for missing or delayed delivery of emails that have been blocked or moved to the junk folder due to spam filters.
3) Right of withdrawal (Physical products)
3.1 Right of withdrawal information
Consumers (§ 13 BGB) have the right to withdraw from the contract concluded with the seller within 14 days without giving any reasons.
The withdrawal period begins:
- For purchase contracts concerning goods: From the day the customer or a person designated by them (not the deliverer) takes possession of the goods.
- For digital products or downloads: From the moment the contract is concluded, unless the customer has expressly waived their right of withdrawal.
- For partial deliveries: Upon receipt of the last partial delivery of an order.
3.2 Exercise of the right of withdrawal
To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw via a clear statement (e.g., by email or post).
The withdrawal statement should include the following information:
- Name and address of the customer
- Order number or invoice number
- Exact description of the product to be returned
- Date of order and receipt of the goods
To meet the deadline, it is sufficient for the customer to send the notification before the 14-day period expires.
The withdrawal can be sent to the following address:
[Name of the seller]
[Address]
[Email address]
[Phone number]
Alternatively, the customer may also use a Sample Withdrawal Form provided by the seller.
3.3 Consequences of Withdrawal
If the customer withdraws from the contract, the seller shall refund all payments received, including delivery costs (except for additional costs for a shipping method chosen by the customer that is more expensive than the standard delivery).
The refund will be made within 14 days from the day the withdrawal declaration was received by the seller. The seller will use the same payment method for the refund that the customer used for the original transaction, unless expressly agreed otherwise.
The seller may withhold the refund until the goods have been received back or until the customer has provided proof that they have returned the goods – whichever is earlier.
Return of the goods:
The customer must return the goods without delay, but no later than 14 days after the withdrawal declaration. The deadline is met if the customer sends the goods before the 14 days have expired.
The customer bears the direct costs of returning the goods, unless the seller has agreed to bear these costs.
The customer is liable for any diminution in value of the goodsif this is due to handling that goes beyond the examination of the nature, characteristics, and functioning of the goods.
3.4 Exclusion or Early Expiration of the Right of Withdrawal
The right of withdrawal does not exist or expires in the following cases:
- Digital products & downloads: If the customer has expressly agreed before placing the order that the provision of the digital content begins immediately, thereby losing their right of withdrawal.
- Sealed goods (e.g., software, CDs, DVDs) if the seal has been removed after delivery.
- Custom-made or personalized productsthat have been manufactured according to customer specifications.
- Hygiene products or sealed goods (e.g., cosmetics, underwear) if the seal has been removed after delivery.
- Perishable goods or products with a short shelf life (e.g., food).
3.5 Special notes for digital products
For contracts regarding digital content that is not delivered on a physical data carrier, i.e., delivered digitally, the right of withdrawal expires if the customer:
- has expressly agreed before the order that the execution of the contract begins before the withdrawal period expires (must be checked when submitting the order for digital content),
- and has confirmed that they thereby lose their right of withdrawal.
This includes, for example, the download of software, e-books, retrieval of the product code via portal (portal.softwareking24.com), delivery of the product(s) via email or digital media after the order has been completed.
4) Prices and Payment Terms
4.1 Prices and currency information
All prices listed in the online shop are final prices and include the statutory value-added tax. Unless otherwise stated, the prices are understood to be in Euro (EUR).
In addition to the product prices, Shipping Costs additional charges may apply, which will be displayed separately during the ordering process.
Price changes: The seller reserves the right to change prices at any time. However, the price that is displayed in the online shop at the time of the order is always binding for the customer.
For special offers or discounts, the stated promotional price is valid only for a limited time or while stocks last.
4.2 Payment methods
The seller offers the customer various payment options that are visible during the ordering process.
The following payment methods may be available:
Prepayment by bank transfer
- After completing the order, the customer will receive the seller's bank details.
- Payment must be made within 7 days of the order.
- The order will only be processed after payment has been received.
PayPal
- Payment via PayPal is possible immediately.
- If the customer does not have a PayPal account, they can also pay via PayPal using a credit card or direct debit.
Credit card (Visa, Mastercard, American Express)
- The card will be charged immediately upon completion of the order.
Purchase on account (only for registered customers or business customers)
- The goods will be delivered in advance, payment is due within the specified period.
- The seller reserves the right to conduct a credit check.
Not all payment methods are available in every country or for every order.
4.3 Due Date of Payment & Payment Default
The payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.
In case of late payment the seller reserves the right to:
- Charge reminder fees if payment is not received within the set period.
- Demand default interest of 5% above the base interest rate (for consumers) or 9% above the base interest rate (for businesses).
- Initiate further legal action or engage a collection service.
If the customer fails to pay after multiple reminders, the seller may also withdraw from the contract and claim damages.
4.4 Retention of Title
The delivered goods remain the property of the seller until full payment is made. The seller's ownership.
If the customer resells or processes the goods before full payment, they hereby assign their claims against third parties to the seller.
The seller is entitled to reclaim the goods subject to retention of title if the customer fails to meet their payment obligations.
4.5 Security of Payment Processing
All payments are made via secure and encrypted connections. The seller employs modern encryption technologies to ensure the security of payment data.
For credit card payments, the data is transmitted via a SSL-secured connection The seller does not store any payment information.
In the case of suspicious or unusual transactions, the seller reserves the right to review or decline the order.
5) Delivery and Shipping Terms (Physical Products)
5.1 Delivery Areas and Shipping Methods
The seller delivers goods to customers in Germany, Austria, and Switzerland as well as to other countries, provided this is offered during the ordering process.
Delivery is carried out by reputable shipping service providers such as DHL, UPS, Hermes, or DPD. The seller reserves the right to choose the shipping service provider depending on availability and destination.
There is also the option of self-collection at the seller's business location, provided this is selected during the ordering process.
5.2 Shipping Costs and Delivery Times
Shipping costs are transparently displayed during the ordering process and are based on the following factors:
- Destination region (Domestic, EU, or international delivery)
- Weight and size of the order
- Shipping methods (Standard, Express, Cash on Delivery)
- Type of product: Digital, Retail version, Boxed version
Typical shipping times (unless otherwise stated):
- The delivery of the digital products will occur immediately after payment is received. In case of a delivery delay, or if one or more products are backordered, this will be delivered within 24 hours.
5.3 Partial deliveries
If an order consists of multiple products and not all items are immediately available, the seller may, at their discretion make partial deliveries. Without additional shipping costs:
- If a partial delivery is necessary, no additional shipping costs will be charged to the customer. With separate billing:
- If the customer wishes for a faster delivery of the available items, additional costs may apply. If a partial delivery is not desired, the customer can indicate this during the ordering process.
5.4 Transport damages and loss of shipment
The seller bears the
transport risk until the goods are delivered. If the goods arrive damaged at the customer, the following procedure applies: Report obvious damages immediately:
- Report obvious damages immediately: The customer should report damages directly to the delivery person and inform the seller.
- Report hidden damages within 7 days: If a damage is discovered only after opening the packaging, it must be reported within 7 days of receipt to the seller.
- Replacement or refund: The seller will provide a replacement depending on availability or refund the purchase amount.
If a shipment is lost, the seller commits to initiate a inquiry with the shipping service provider . If the package cannot be found, the customer will receive either a replacement delivery or a refund.
5.5 Refusal of acceptance and non-deliverability
If the customer refuses to accept the goods or the package cannot be delivered, the seller may take the following actions:
- Redelivery at the customer's expense
- Cancellation of the order with a refund minus shipping costs and processing fees
If the customer repeatedly refuses to accept orders, the seller reserves the right to refuse future orders.
5.6 International deliveries and customs fees
For deliveries outside the EU, additional customs fees, import taxes, or duties may apply. These costs are borne by the customer.
The seller has no influence over customs clearance and cannot provide accurate information on additional fees. It is recommended to check with the relevant customs authority before placing an order.
5.7 Delivery conditions for digital products
Digital products, such as software, e-books, digital keys (product codes), or online coursesare generally provided via email or through a download link and/or our portal . Delivery usually occurs immediately after payment is received.
Exceptions and delays:
- If the digital product is temporarily unavailable (e.g., due to a technical issue or a supply backlog from the providers), the customer will be informed.
- In some cases, an internal review may be necessary to prevent abuse or fraudulent orders. This review may take up to 24 hours . During this period, the customer will receive a notification regarding the status of the order.
- Should the delivery be delayed beyond 24 hours, the customer has the right to contact support and request a Cancellation or alternative solution to apply.
After successful provision of the digital product, the customer will receive a confirmation email with the access data, the license key, or the download link.
6) Usage Rights for Digital Content
6.1 The customer receives a non-exclusive, unlimited usage right.
The usage right granted to the customer for the digital content is non-exclusive. This means that the seller can also provide the same content to other customers, without the original buyer having a right to preferential use. The usage right is unlimited in time, meaning there is no set expiration date. The customer can use the content permanently, but under the conditions set forth in these terms and conditions. The right to use generally includes the use of the content for personal, private use. Should the customer wish to use the digital content in a business or commercial context, explicit consent from the seller is required, which may be subject to additional conditions or costs.
6.2 Redistribution or duplication outside of these terms and conditions is not permitted.
The transfer and reproduction of the digital content is strictly prohibited unless expressly permitted by these terms and conditions or otherwise in writing. This means that the customer may not pass on the purchased content to third parties, whether for a fee or free of charge. Reproducing the content, whether by copying, uploads, downloads, or in any other form, is also prohibited without the explicit consent of the seller. The purpose of this provision is to protect the seller's rights to the digital content and to ensure that the content is used only within the agreed framework. Violations of this regulation may lead to legal consequences, including the possible reclamation of the digital content and/or claims for damages.
6.3 The usage rights come into effect only after full payment has been made.
The rights to use the digital content are granted to the customer only after the full payment of the agreed price for the content has been received. This means that the customer does not have access to the content as long as the payment has not been completed successfully. If the customer fails to make the payment on time, access to the digital content will remain blocked until the entire amount is settled. This is a common practice that ensures that the seller is properly compensated for the service rendered before the content may be used.
7) Usage Rights for Product Keys
7.1 The product key allows the use of the software to the described extent but does not constitute a license.
A product key is an essential component of using software, as it enables access to certain features or the software itself. The product key grants the customer only the right to use the software within the agreed scope, as outlined in the product description or the terms and conditions. However, the product key is not a license in the legal sense and does not grant the customer exclusive or unlimited usage rights to the software. Rather, it is a technical measure that regulates access to the software. The product key only entitles the customer to use the software on the designated devices and within the specified conditions.
7.2 Use is permitted only after full payment.
As with the digital content, the usage right of the product key comes into effect only when the payment of the full purchase price for the software has been successfully completed. This means that the customer can only use the product key after they have made the corresponding payment in full. In the event of payment delay or non-payment, access to the software will be blocked, and the product key will remain unusable until payment has been received. This provision ensures that the seller is correctly compensated for providing the product key and the associated software.
8) Retention of Title
Until full payment is made, the goods remain the property of the seller.
The retention of title means that the seller remains the lawful owner of the goods until the full purchase price has been paid. Even if the buyer is already in possession of the goods, all rights to the goods, including ownership rights, will only fully transfer to the buyer once the entire payment has been completed properly. This provision protects the seller in the event of payment default, as they have the right to reclaim the goods in such cases. However, the buyer is obligated to treat and secure the goods carefully during the duration of the retention of title. In the event of non-payment, the seller has the right to take back the goods.
9) Liability for Defects (Warranty)
9.1 The statutory warranty rights apply.
The warranty rights of the buyer are governed by statutory provisions. This means that the buyer is entitled to rectification or replacement delivery if the goods have defects that were already present at the time of purchase. The seller is obligated to remedy these defects, either through repair or by providing a replacement of defect-free goods. If this is not possible, the buyer has the right to a reduction in the purchase price or to withdraw from the contract. This provision is based on statutory regulations that protect the buyer from defective goods.
9.2 For used goods, liability is limited to one year, with exceptions for certain cases (e.g., fraudulent misrepresentation or structural damage).
For used goods, a shortened warranty period of one year from the handover of the goods applies. This period is a common practice, as used goods may naturally have a shorter lifespan. However, in certain exceptional cases, such as in cases of fraudulent misrepresentation or damage occurring to buildings or similar valuable goods, the seller's liability may extend longer. It is assumed that the seller cannot be held responsible for defects if they were caused by the buyer themselves or by external circumstances.
Customers should report obvious transport damages to the carrier; however, this does not affect their rights.
In the event of transport damages, the buyer is obliged to report these to the carrier or the delivery company immediately. This serves both to prevent damage and to ensure proper claims. Nevertheless, this report does not affect the buyer's warranty rights. The buyer remains entitled to claim the goods in accordance with legal provisions, even if there is a transport damage.
10) Applicable Law
The law of the Federal Republic of Germany applies. The protection of mandatory provisions of the buyer's country of residence remains unaffected.
For all contractual relationships governed by these terms and conditions, only German law applies. This provision relates to all contracts and provisions concluded between the buyer and the seller. However, for consumers, the protection of mandatory provisions of their country of residence remains in place. This means that if the buyer resides in another country, that country must not provide less protective rights for the buyer than the provisions of German law. In such cases, German law will only be applied to the extent that it is compatible with the protective provisions of the buyer's country.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
In the event of a dispute between the seller and the buyer, both parties can use the platform for online dispute resolution provided by the EU Commission. This platform allows conflicts to be resolved outside of court proceedings, which can lead to a faster and more cost-effective solution.
11.2 The seller does not participate in dispute resolution procedures before a consumer arbitration board.
Although the buyer has the option to involve a consumer arbitration board, the seller does not participate in such procedures. This means that the seller is not obliged to engage in such a procedure, and a resolution of the conflict may only be pursued through legal means.
Table of contents
- 1) Scope
- 2) Conclusion of Contract
- 3) Right of Withdrawal
- 4) Prices and Payment Terms
- 5) Delivery and Shipping Terms
- 6) Usage Rights for Digital Content
- 7) Usage Rights for Product Keys
- 8) Retention of Title
- 9) Liability for Defects (Warranty)
- 10) Applicable Law
- 11) Alternative Dispute Resolution
1) Scope
1.1 General Provisions
These General Terms and Conditions (hereinafter "GTC") of SoftwareKing24 (hereinafter "Seller") apply to all contracts concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the Seller's online shop. They govern the terms for the purchase of physical goods, digital products, and license keys.
Deviating conditions of the Customer do not apply unless expressly agreed otherwise in writing. Any conflicting GTC of the Customer are hereby expressly rejected unless the Seller explicitly agrees in writing to their validity.
1.2 Applicability to Digital Content
The provisions of these GTC also apply to the purchase of digital content unless expressly stated otherwise. Digital content includes, among other things, software, e-books, music files, video or audio content that is not provided on physical data carriers but transmitted in electronic form.
The Seller grants the Customer a non-exclusive, non-transferable right to use these digital contents unless otherwise agreed. The Customer is not entitled to share or reproduce the content without the prior consent of the Seller.
1.3 License Keys and Their Use
The GTC equally apply to contracts for the provision of license keys required for the activation or use of software. By purchasing a license key, the Customer only acquires the right to use the respective software within the framework of the manufacturer's license terms. Acquisition of intellectual property or further usage rights is expressly excluded.
The Seller assumes no liability for the availability or functionality of the software, as far as it is provided by third parties. The product description in the online shop reflects the essential characteristics of the software and is decisive for the scope of the acquired usage rights.
1.4 Definition of Consumers and Entrepreneurs
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are not attributable to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
The distinction between consumers and entrepreneurs is significant for certain statutory protection provisions, particularly regarding the right of withdrawal and warranty. Consumers generally enjoy broader protection under mandatory statutory provisions.
1.5 Provision of Digital Content
Digital content is provided to the Customer exclusively in electronic form. This may occur through a download link, an email with the relevant access data, or provision via a customer account on the Seller's website.
The use of digital content is subject to the provisions regulated in these GTC as well as any additional license conditions. It is the Customer's responsibility to ensure that the technical requirements necessary for use are met. The Seller assumes no warranty for compatibility with specific hardware or software configurations of the Customer.
2) Conclusion of Contract
2.1 Non-Binding Nature of Product Representations
The products presented in the seller's online shop, including physical goods, digital content, and license keys, do not constitute binding offers. They rather serve as an invitation to the customer to submit a legally binding purchase offer.
All product descriptions, images, and technical information are for general information purposes only. Errors or deviations are possible, especially if the manufacturer makes changes to its products. The seller strives to keep all information up to date but cannot guarantee that all information is complete or error-free at all times.
2.2 Submission of an Offer by the Customer
The customer can submit an offer to purchase the goods or digital content displayed in the online shop by completing the online ordering process and clicking the final order button.
The ordering process includes the following steps:
- Selection of the desired products and their placement in the virtual shopping cart.
- Entering the billing and shipping address as well as the desired payment method.
- Reviewing the order data and correcting any input errors.
- Completing the order by pressing the order button, thereby submitting a binding purchase offer.
By submitting the order, the customer acknowledges the applicability of these terms and conditions.
2.3 Acceptance of the Offer by the Seller
The seller can accept the customer's offer within five working days in the following ways:
- By sending a written or electronic order confirmation (e.g., via email or fax). The time of receipt of the confirmation by the customer is decisive.
- By delivering the ordered goods. Here, the time of receipt of the goods by the customer is decisive.
- By requesting payment after the order has been placed, e.g., in the case of advance payment.
If multiple of these acceptance options occur, the contract is concluded at the moment when one of the mentioned alternatives is fulfilled first.
If the five-day period expires without acceptance of the offer by the seller, the offer is considered rejected. In this case, the customer is no longer bound by their declaration of intent.
2.4 Special Conditions for PayPal Express
When choosing the payment option "PayPal Express," the contract is concluded in a special manner:
- The customer is redirected directly to PayPal during the ordering process, where they authorize the payment.
- By confirming the payment, the customer simultaneously submits their purchase offer.
- The seller accepts this offer already with the payment authorization through PayPal.
Thus, the contract is concluded at the moment the customer clicks the payment button and completes the transaction.
2.5 Storage of the contract text
After the order is completed, the seller stores the contract text. The customer receives a copy of the contract information, including the terms and conditions, via email or on another permanent data carrier.
If the customer has a user account in the online shop, they can view and manage their orders there. No further provision of the contract text will be made. It is the customer's responsibility to secure the contract documents independently.
2.6 Detection and correction of input errors
Before finalizing the order, the customer has the opportunity to review and correct their entries. This can be done using the back function of the browser or by directly editing the order fields.
A helpful technical tool for better detection of input errors is the browser's zoom function, which allows for an enlargement of the display. Customers are advised to carefully check all information before submitting their order.
2.7 Language of the contract
The conclusion of the contract takes place exclusively in German, English, or Romanian. This applies to both the order processing and all related documents, correspondences, and legal notices.
2.8 Communication and order processing
Communication in the context of order processing takes place exclusively via email. Customers must ensure that the email address they provided is correct and that they can receive messages from the seller.
This is particularly important if the customer uses spam filters. The seller assumes no liability for missing or delayed delivery of emails that have been blocked or moved to the junk folder due to spam filters.
3) Right of withdrawal (Physical products)
3.1 Right of withdrawal information
Consumers (§ 13 BGB) have the right to withdraw from the contract concluded with the seller within 14 days without giving any reasons.
The withdrawal period begins:
- For purchase contracts concerning goods: From the day the customer or a person designated by them (not the deliverer) takes possession of the goods.
- For digital products or downloads: From the moment the contract is concluded, unless the customer has expressly waived their right of withdrawal.
- For partial deliveries: Upon receipt of the last partial delivery of an order.
3.2 Exercise of the right of withdrawal
To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw via a clear statement (e.g., by email or post).
The withdrawal statement should include the following information:
- Name and address of the customer
- Order number or invoice number
- Exact description of the product to be returned
- Date of order and receipt of the goods
To meet the deadline, it is sufficient for the customer to send the notification before the 14-day period expires.
The withdrawal can be sent to the following address:
[Name of the seller]
[Address]
[Email address]
[Phone number]
Alternatively, the customer may also use a Sample Withdrawal Form provided by the seller.
3.3 Consequences of Withdrawal
If the customer withdraws from the contract, the seller shall refund all payments received, including delivery costs (except for additional costs for a shipping method chosen by the customer that is more expensive than the standard delivery).
The refund will be made within 14 days from the day the withdrawal declaration was received by the seller. The seller will use the same payment method for the refund that the customer used for the original transaction, unless expressly agreed otherwise.
The seller may withhold the refund until the goods have been received back or until the customer has provided proof that they have returned the goods – whichever is earlier.
Return of the goods:
The customer must return the goods without delay, but no later than 14 days after the withdrawal declaration. The deadline is met if the customer sends the goods before the 14 days have expired.
The customer bears the direct costs of returning the goods, unless the seller has agreed to bear these costs.
The customer is liable for any diminution in value of the goodsif this is due to handling that goes beyond the examination of the nature, characteristics, and functioning of the goods.
3.4 Exclusion or Early Expiration of the Right of Withdrawal
The right of withdrawal does not exist or expires in the following cases:
- Digital products & downloads: If the customer has expressly agreed before placing the order that the provision of the digital content begins immediately, thereby losing their right of withdrawal.
- Sealed goods (e.g., software, CDs, DVDs) if the seal has been removed after delivery.
- Custom-made or personalized productsthat have been manufactured according to customer specifications.
- Hygiene products or sealed goods (e.g., cosmetics, underwear) if the seal has been removed after delivery.
- Perishable goods or products with a short shelf life (e.g., food).
3.5 Special notes for digital products
For contracts regarding digital content that is not delivered on a physical data carrier, i.e., delivered digitally, the right of withdrawal expires if the customer:
- has expressly agreed before the order that the execution of the contract begins before the withdrawal period expires (must be checked when submitting the order for digital content),
- and has confirmed that they thereby lose their right of withdrawal.
This includes, for example, the download of software, e-books, retrieval of the product code via portal (portal.softwareking24.com), delivery of the product(s) via email or digital media after the order has been completed.
4) Prices and Payment Terms
4.1 Prices and currency information
All prices listed in the online shop are final prices and include the statutory value-added tax. Unless otherwise stated, the prices are understood to be in Euro (EUR).
In addition to the product prices, Shipping Costs additional charges may apply, which will be displayed separately during the ordering process.
Price changes: The seller reserves the right to change prices at any time. However, the price that is displayed in the online shop at the time of the order is always binding for the customer.
For special offers or discounts, the stated promotional price is valid only for a limited time or while stocks last.
4.2 Payment methods
The seller offers the customer various payment options that are visible during the ordering process.
The following payment methods may be available:
Prepayment by bank transfer
- After completing the order, the customer will receive the seller's bank details.
- Payment must be made within 7 days of the order.
- The order will only be processed after payment has been received.
PayPal
- Payment via PayPal is possible immediately.
- If the customer does not have a PayPal account, they can also pay via PayPal using a credit card or direct debit.
Credit card (Visa, Mastercard, American Express)
- The card will be charged immediately upon completion of the order.
Purchase on account (only for registered customers or business customers)
- The goods will be delivered in advance, payment is due within the specified period.
- The seller reserves the right to conduct a credit check.
Not all payment methods are available in every country or for every order.
4.3 Due Date of Payment & Payment Default
The payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.
In case of late payment the seller reserves the right to:
- Charge reminder fees if payment is not received within the set period.
- Demand default interest of 5% above the base interest rate (for consumers) or 9% above the base interest rate (for businesses).
- Initiate further legal action or engage a collection service.
If the customer fails to pay after multiple reminders, the seller may also withdraw from the contract and claim damages.
4.4 Retention of Title
The delivered goods remain the property of the seller until full payment is made. The seller's ownership.
If the customer resells or processes the goods before full payment, they hereby assign their claims against third parties to the seller.
The seller is entitled to reclaim the goods subject to retention of title if the customer fails to meet their payment obligations.
4.5 Security of Payment Processing
All payments are made via secure and encrypted connections. The seller employs modern encryption technologies to ensure the security of payment data.
For credit card payments, the data is transmitted via a SSL-secured connection The seller does not store any payment information.
In the case of suspicious or unusual transactions, the seller reserves the right to review or decline the order.
5) Delivery and Shipping Terms (Physical Products)
5.1 Delivery Areas and Shipping Methods
The seller delivers goods to customers in Germany, Austria, and Switzerland as well as to other countries, provided this is offered during the ordering process.
Delivery is carried out by reputable shipping service providers such as DHL, UPS, Hermes, or DPD. The seller reserves the right to choose the shipping service provider depending on availability and destination.
There is also the option of self-collection at the seller's business location, provided this is selected during the ordering process.
5.2 Shipping Costs and Delivery Times
Shipping costs are transparently displayed during the ordering process and are based on the following factors:
- Destination region (Domestic, EU, or international delivery)
- Weight and size of the order
- Shipping methods (Standard, Express, Cash on Delivery)
Typical shipping times (unless otherwise stated):
- Germany: 2-5 working days
- EU: 4-10 working days
- International: 7-21 working days
Express shipping is available for an additional charge and usually takes place within 1-2 working days.
Should there be delivery delays (e.g., due to force majeure, strikes, or extreme weather conditions), the customer will be informed immediately.
5.3 Partial deliveries
If an order consists of multiple products and not all items are immediately available, the seller may, at their discretion make partial deliveries. Without additional shipping costs:
- If a partial delivery is necessary, no additional shipping costs will be charged to the customer. With separate billing:
- If the customer wishes for a faster delivery of the available items, additional costs may apply. If a partial delivery is not desired, the customer can indicate this during the ordering process.
5.4 Transport damages and loss of shipment
The seller bears the
transport risk until the goods are delivered. If the goods arrive damaged at the customer, the following procedure applies: Report obvious damages immediately:
- Report obvious damages immediately: The customer should report damages directly to the delivery person and inform the seller.
- Report hidden damages within 7 days: If a damage is discovered only after opening the packaging, it must be reported within 7 days of receipt to the seller.
- Replacement or refund: The seller will provide a replacement depending on availability or refund the purchase amount.
If a shipment is lost, the seller commits to initiate a inquiry with the shipping service provider . If the package cannot be found, the customer will receive either a replacement delivery or a refund.
5.5 Refusal of acceptance and non-deliverability
If the customer refuses to accept the goods or the package cannot be delivered, the seller may take the following actions:
- Redelivery at the customer's expense
- Cancellation of the order with a refund minus shipping costs and processing fees
If the customer repeatedly refuses to accept orders, the seller reserves the right to refuse future orders.
5.6 International deliveries and customs fees
For deliveries outside the EU, additional customs fees, import taxes, or duties may apply. These costs are borne by the customer.
The seller has no influence over customs clearance and cannot provide accurate information on additional fees. It is recommended to check with the relevant customs authority before placing an order.
5.7 Delivery conditions for digital products
Digital products, such as software, e-books, digital keys (product codes), or online coursesare generally provided via email or through a download link and/or our portal . Delivery usually occurs immediately after payment is received.
Exceptions and delays:
- If the digital product is temporarily unavailable (e.g., due to a technical issue or a supply backlog from the providers), the customer will be informed.
- In some cases, an internal review may be necessary to prevent abuse or fraudulent orders. This review may take up to 24 hours . During this period, the customer will receive a notification regarding the status of the order.
- Should the delivery be delayed beyond 24 hours, the customer has the right to contact support and request a Cancellation or alternative solution to apply.
After successful provision of the digital product, the customer will receive a confirmation email with the access data, the license key, or the download link.
6) Usage Rights for Digital Content
6.1 The customer receives a non-exclusive, unlimited usage right.
The usage right granted to the customer for the digital content is non-exclusive. This means that the seller can also provide the same content to other customers, without the original buyer having a right to preferential use. The usage right is unlimited in time, meaning there is no set expiration date. The customer can use the content permanently, but under the conditions set forth in these terms and conditions. The right to use generally includes the use of the content for personal, private use. Should the customer wish to use the digital content in a business or commercial context, explicit consent from the seller is required, which may be subject to additional conditions or costs.
6.2 Redistribution or duplication outside of these terms and conditions is not permitted.
The transfer and reproduction of the digital content is strictly prohibited unless expressly permitted by these terms and conditions or otherwise in writing. This means that the customer may not pass on the purchased content to third parties, whether for a fee or free of charge. Reproducing the content, whether by copying, uploads, downloads, or in any other form, is also prohibited without the explicit consent of the seller. The purpose of this provision is to protect the seller's rights to the digital content and to ensure that the content is used only within the agreed framework. Violations of this regulation may lead to legal consequences, including the possible reclamation of the digital content and/or claims for damages.
6.3 The usage rights come into effect only after full payment has been made.
The rights to use the digital content are granted to the customer only after the full payment of the agreed price for the content has been received. This means that the customer does not have access to the content as long as the payment has not been completed successfully. If the customer fails to make the payment on time, access to the digital content will remain blocked until the entire amount is settled. This is a common practice that ensures that the seller is properly compensated for the service rendered before the content may be used.
7) Usage Rights for Product Keys
7.1 The product key allows the use of the software to the described extent but does not constitute a license.
A product key is an essential component of using software, as it enables access to certain features or the software itself. The product key grants the customer only the right to use the software within the agreed scope, as outlined in the product description or the terms and conditions. However, the product key is not a license in the legal sense and does not grant the customer exclusive or unlimited usage rights to the software. Rather, it is a technical measure that regulates access to the software. The product key only entitles the customer to use the software on the designated devices and within the specified conditions.
7.2 Use is permitted only after full payment.
As with the digital content, the usage right of the product key comes into effect only when the payment of the full purchase price for the software has been successfully completed. This means that the customer can only use the product key after they have made the corresponding payment in full. In the event of payment delay or non-payment, access to the software will be blocked, and the product key will remain unusable until payment has been received. This provision ensures that the seller is correctly compensated for providing the product key and the associated software.
8) Retention of Title
Until full payment is made, the goods remain the property of the seller.
The retention of title means that the seller remains the lawful owner of the goods until the full purchase price has been paid. Even if the buyer is already in possession of the goods, all rights to the goods, including ownership rights, will only fully transfer to the buyer once the entire payment has been completed properly. This provision protects the seller in the event of payment default, as they have the right to reclaim the goods in such cases. However, the buyer is obligated to treat and secure the goods carefully during the duration of the retention of title. In the event of non-payment, the seller has the right to take back the goods.
9) Liability for Defects (Warranty)
9.1 The statutory warranty rights apply.
The warranty rights of the buyer are governed by statutory provisions. This means that the buyer is entitled to rectification or replacement delivery if the goods have defects that were already present at the time of purchase. The seller is obligated to remedy these defects, either through repair or by providing a replacement of defect-free goods. If this is not possible, the buyer has the right to a reduction in the purchase price or to withdraw from the contract. This provision is based on statutory regulations that protect the buyer from defective goods.
9.2 For used goods, liability is limited to one year, with exceptions for certain cases (e.g., fraudulent misrepresentation or structural damage).
For used goods, a shortened warranty period of one year from the handover of the goods applies. This period is a common practice, as used goods may naturally have a shorter lifespan. However, in certain exceptional cases, such as in cases of fraudulent misrepresentation or damage occurring to buildings or similar valuable goods, the seller's liability may extend longer. It is assumed that the seller cannot be held responsible for defects if they were caused by the buyer themselves or by external circumstances.
Customers should report obvious transport damages to the carrier; however, this does not affect their rights.
In the event of transport damages, the buyer is obliged to report these to the carrier or the delivery company immediately. This serves both to prevent damage and to ensure proper claims. Nevertheless, this report does not affect the buyer's warranty rights. The buyer remains entitled to claim the goods in accordance with legal provisions, even if there is a transport damage.
10) Applicable Law
The law of the Federal Republic of Germany applies. The protection of mandatory provisions of the buyer's country of residence remains unaffected.
For all contractual relationships governed by these terms and conditions, only German law applies. This provision relates to all contracts and provisions concluded between the buyer and the seller. However, for consumers, the protection of mandatory provisions of their country of residence remains in place. This means that if the buyer resides in another country, that country must not provide less protective rights for the buyer than the provisions of German law. In such cases, German law will only be applied to the extent that it is compatible with the protective provisions of the buyer's country.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
In the event of a dispute between the seller and the buyer, both parties can use the platform for online dispute resolution provided by the EU Commission. This platform allows conflicts to be resolved outside of court proceedings, which can lead to a faster and more cost-effective solution.
11.2 The seller does not participate in dispute resolution procedures before a consumer arbitration board.
Although the buyer has the option to involve a consumer arbitration board, the seller does not participate in such procedures. This means that the seller is not obliged to engage in such a procedure, and a resolution of the conflict may only be pursued through legal means.
Table of contents
- 1) Scope
- 2) Conclusion of Contract
- 3) Right of Withdrawal
- 4) Prices and Payment Terms
- 5) Delivery and Shipping Terms
- 6) Usage Rights for Digital Content
- 7) Usage Rights for Product Keys
- 8) Retention of Title
- 9) Liability for Defects (Warranty)
- 10) Applicable Law
- 11) Alternative Dispute Resolution
1) Scope
1.1 General Provisions
These General Terms and Conditions (hereinafter "GTC") of SoftwareKing24 (hereinafter "Seller") apply to all contracts concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the Seller's online shop. They govern the terms for the purchase of physical goods, digital products, and license keys.
Deviating conditions of the Customer do not apply unless expressly agreed otherwise in writing. Any conflicting GTC of the Customer are hereby expressly rejected unless the Seller explicitly agrees in writing to their validity.
1.2 Applicability to Digital Content
The provisions of these GTC also apply to the purchase of digital content unless expressly stated otherwise. Digital content includes, among other things, software, e-books, music files, video or audio content that is not provided on physical data carriers but transmitted in electronic form.
The Seller grants the Customer a non-exclusive, non-transferable right to use these digital contents unless otherwise agreed. The Customer is not entitled to share or reproduce the content without the prior consent of the Seller.
1.3 License Keys and Their Use
The GTC equally apply to contracts for the provision of license keys required for the activation or use of software. By purchasing a license key, the Customer only acquires the right to use the respective software within the framework of the manufacturer's license terms. Acquisition of intellectual property or further usage rights is expressly excluded.
The Seller assumes no liability for the availability or functionality of the software, as far as it is provided by third parties. The product description in the online shop reflects the essential characteristics of the software and is decisive for the scope of the acquired usage rights.
1.4 Definition of Consumers and Entrepreneurs
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are not attributable to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
The distinction between consumers and entrepreneurs is significant for certain statutory protection provisions, particularly regarding the right of withdrawal and warranty. Consumers generally enjoy broader protection under mandatory statutory provisions.
1.5 Provision of Digital Content
Digital content is provided to the Customer exclusively in electronic form. This may occur through a download link, an email with the relevant access data, or provision via a customer account on the Seller's website.
The use of digital content is subject to the provisions regulated in these GTC as well as any additional license conditions. It is the Customer's responsibility to ensure that the technical requirements necessary for use are met. The Seller assumes no warranty for compatibility with specific hardware or software configurations of the Customer.
2) Conclusion of Contract
2.1 Non-Binding Nature of Product Representations
The products presented in the seller's online shop, including physical goods, digital content, and license keys, do not constitute binding offers. They rather serve as an invitation to the customer to submit a legally binding purchase offer.
All product descriptions, images, and technical information are for general information purposes only. Errors or deviations are possible, especially if the manufacturer makes changes to its products. The seller strives to keep all information up to date but cannot guarantee that all information is complete or error-free at all times.
2.2 Submission of an Offer by the Customer
The customer can submit an offer to purchase the goods or digital content displayed in the online shop by completing the online ordering process and clicking the final order button.
The ordering process includes the following steps:
- Selection of the desired products and their placement in the virtual shopping cart.
- Entering the billing and shipping address as well as the desired payment method.
- Reviewing the order data and correcting any input errors.
- Completing the order by pressing the order button, thereby submitting a binding purchase offer.
By submitting the order, the customer acknowledges the applicability of these terms and conditions.
2.3 Acceptance of the Offer by the Seller
The seller can accept the customer's offer within five working days in the following ways:
- By sending a written or electronic order confirmation (e.g., via email or fax). The time of receipt of the confirmation by the customer is decisive.
- By delivering the ordered goods. Here, the time of receipt of the goods by the customer is decisive.
- By requesting payment after the order has been placed, e.g., in the case of advance payment.
If multiple of these acceptance options occur, the contract is concluded at the moment when one of the mentioned alternatives is fulfilled first.
If the five-day period expires without acceptance of the offer by the seller, the offer is considered rejected. In this case, the customer is no longer bound by their declaration of intent.
2.4 Special Conditions for PayPal Express
When choosing the payment option "PayPal Express," the contract is concluded in a special manner:
- The customer is redirected directly to PayPal during the ordering process, where they authorize the payment.
- By confirming the payment, the customer simultaneously submits their purchase offer.
- The seller accepts this offer already with the payment authorization through PayPal.
Thus, the contract is concluded at the moment the customer clicks the payment button and completes the transaction.
2.5 Storage of the contract text
After the order is completed, the seller stores the contract text. The customer receives a copy of the contract information, including the terms and conditions, via email or on another permanent data carrier.
If the customer has a user account in the online shop, they can view and manage their orders there. No further provision of the contract text will be made. It is the customer's responsibility to secure the contract documents independently.
2.6 Detection and correction of input errors
Before finalizing the order, the customer has the opportunity to review and correct their entries. This can be done using the back function of the browser or by directly editing the order fields.
A helpful technical tool for better detection of input errors is the browser's zoom function, which allows for an enlargement of the display. Customers are advised to carefully check all information before submitting their order.
2.7 Language of the contract
The conclusion of the contract takes place exclusively in German, English, or Romanian. This applies to both the order processing and all related documents, correspondences, and legal notices.
2.8 Communication and order processing
Communication in the context of order processing takes place exclusively via email. Customers must ensure that the email address they provided is correct and that they can receive messages from the seller.
This is particularly important if the customer uses spam filters. The seller assumes no liability for missing or delayed delivery of emails that have been blocked or moved to the junk folder due to spam filters.
3) Right of withdrawal (Physical products)
3.1 Right of withdrawal information
Consumers (§ 13 BGB) have the right to withdraw from the contract concluded with the seller within 14 days without giving any reasons.
The withdrawal period begins:
- For purchase contracts concerning goods: From the day the customer or a person designated by them (not the deliverer) takes possession of the goods.
- For digital products or downloads: From the moment the contract is concluded, unless the customer has expressly waived their right of withdrawal.
- For partial deliveries: Upon receipt of the last partial delivery of an order.
3.2 Exercise of the right of withdrawal
To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw via a clear statement (e.g., by email or post).
The withdrawal statement should include the following information:
- Name and address of the customer
- Order number or invoice number
- Exact description of the product to be returned
- Date of order and receipt of the goods
To meet the deadline, it is sufficient for the customer to send the notification before the 14-day period expires.
The withdrawal can be sent to the following address:
[Name of the seller]
[Address]
[Email address]
[Phone number]
Alternatively, the customer may also use a Sample Withdrawal Form provided by the seller.
3.3 Consequences of Withdrawal
If the customer withdraws from the contract, the seller shall refund all payments received, including delivery costs (except for additional costs for a shipping method chosen by the customer that is more expensive than the standard delivery).
The refund will be made within 14 days from the day the withdrawal declaration was received by the seller. The seller will use the same payment method for the refund that the customer used for the original transaction, unless expressly agreed otherwise.
The seller may withhold the refund until the goods have been received back or until the customer has provided proof that they have returned the goods – whichever is earlier.
Return of the goods:
The customer must return the goods without delay, but no later than 14 days after the withdrawal declaration. The deadline is met if the customer sends the goods before the 14 days have expired.
The customer bears the direct costs of returning the goods, unless the seller has agreed to bear these costs.
The customer is liable for any diminution in value of the goodsif this is due to handling that goes beyond the examination of the nature, characteristics, and functioning of the goods.
3.4 Exclusion or Early Expiration of the Right of Withdrawal
The right of withdrawal does not exist or expires in the following cases:
- Digital products & downloads: If the customer has expressly agreed before placing the order that the provision of the digital content begins immediately, thereby losing their right of withdrawal.
- Sealed goods (e.g., software, CDs, DVDs) if the seal has been removed after delivery.
- Custom-made or personalized productsthat have been manufactured according to customer specifications.
- Hygiene products or sealed goods (e.g., cosmetics, underwear) if the seal has been removed after delivery.
- Perishable goods or products with a short shelf life (e.g., food).
3.5 Special notes for digital products
For contracts regarding digital content that is not delivered on a physical data carrier, i.e., delivered digitally, the right of withdrawal expires if the customer:
- has expressly agreed before the order that the execution of the contract begins before the withdrawal period expires (must be checked when submitting the order for digital content),
- and has confirmed that they thereby lose their right of withdrawal.
This includes, for example, the download of software, e-books, retrieval of the product code via portal (portal.softwareking24.com), delivery of the product(s) via email or digital media after the order has been completed.
4) Prices and Payment Terms
4.1 Prices and currency information
All prices listed in the online shop are final prices and include the statutory value-added tax. Unless otherwise stated, the prices are understood to be in Euro (EUR).
In addition to the product prices, Shipping Costs additional charges may apply, which will be displayed separately during the ordering process.
Price changes: The seller reserves the right to change prices at any time. However, the price that is displayed in the online shop at the time of the order is always binding for the customer.
For special offers or discounts, the stated promotional price is valid only for a limited time or while stocks last.
4.2 Payment methods
The seller offers the customer various payment options that are visible during the ordering process.
The following payment methods may be available:
Prepayment by bank transfer
- After completing the order, the customer will receive the seller's bank details.
- Payment must be made within 7 days of the order.
- The order will only be processed after payment has been received.
PayPal
- Payment via PayPal is possible immediately.
- If the customer does not have a PayPal account, they can also pay via PayPal using a credit card or direct debit.
Credit card (Visa, Mastercard, American Express)
- The card will be charged immediately upon completion of the order.
Purchase on account (only for registered customers or business customers)
- The goods will be delivered in advance, payment is due within the specified period.
- The seller reserves the right to conduct a credit check.
Not all payment methods are available in every country or for every order.
4.3 Due Date of Payment & Payment Default
The payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.
In case of late payment the seller reserves the right to:
- Charge reminder fees if payment is not received within the set period.
- Demand default interest of 5% above the base interest rate (for consumers) or 9% above the base interest rate (for businesses).
- Initiate further legal action or engage a collection service.
If the customer fails to pay after multiple reminders, the seller may also withdraw from the contract and claim damages.
4.4 Retention of Title
The delivered goods remain the property of the seller until full payment is made. The seller's ownership.
If the customer resells or processes the goods before full payment, they hereby assign their claims against third parties to the seller.
The seller is entitled to reclaim the goods subject to retention of title if the customer fails to meet their payment obligations.
4.5 Security of Payment Processing
All payments are made via secure and encrypted connections. The seller employs modern encryption technologies to ensure the security of payment data.
For credit card payments, the data is transmitted via a SSL-secured connection The seller does not store any payment information.
In the case of suspicious or unusual transactions, the seller reserves the right to review or decline the order.
5) Delivery and Shipping Terms (Physical Products)
5.1 Delivery Areas and Shipping Methods
The seller delivers goods to customers in Germany, Austria, and Switzerland as well as to other countries, provided this is offered during the ordering process.
Delivery is carried out by reputable shipping service providers such as DHL, UPS, Hermes, or DPD. The seller reserves the right to choose the shipping service provider depending on availability and destination.
There is also the option of self-collection at the seller's business location, provided this is selected during the ordering process.
5.2 Shipping Costs and Delivery Times
Shipping costs are transparently displayed during the ordering process and are based on the following factors:
- Destination region (Domestic, EU, or international delivery)
- Weight and size of the order
- Shipping methods (Standard, Express, Cash on Delivery)
Typical shipping times (unless otherwise stated):
- Germany: 2-5 working days
- EU: 4-10 working days
- International: 7-21 working days
Express shipping is available for an additional charge and usually takes place within 1-2 working days.
Should there be delivery delays (e.g., due to force majeure, strikes, or extreme weather conditions), the customer will be informed immediately.
5.3 Partial deliveries
If an order consists of multiple products and not all items are immediately available, the seller may, at their discretion make partial deliveries. Without additional shipping costs:
- If a partial delivery is necessary, no additional shipping costs will be charged to the customer. With separate billing:
- If the customer wishes for a faster delivery of the available items, additional costs may apply. If a partial delivery is not desired, the customer can indicate this during the ordering process.
5.4 Transport damages and loss of shipment
The seller bears the
transport risk until the goods are delivered. If the goods arrive damaged at the customer, the following procedure applies: Report obvious damages immediately:
- Report obvious damages immediately: The customer should report damages directly to the delivery person and inform the seller.
- Report hidden damages within 7 days: If a damage is discovered only after opening the packaging, it must be reported within 7 days of receipt to the seller.
- Replacement or refund: The seller will provide a replacement depending on availability or refund the purchase amount.
If a shipment is lost, the seller commits to initiate a inquiry with the shipping service provider . If the package cannot be found, the customer will receive either a replacement delivery or a refund.
5.5 Refusal of acceptance and non-deliverability
If the customer refuses to accept the goods or the package cannot be delivered, the seller may take the following actions:
- Redelivery at the customer's expense
- Cancellation of the order with a refund minus shipping costs and processing fees
If the customer repeatedly refuses to accept orders, the seller reserves the right to refuse future orders.
5.6 International deliveries and customs fees
For deliveries outside the EU, additional customs fees, import taxes, or duties may apply. These costs are borne by the customer.
The seller has no influence over customs clearance and cannot provide accurate information on additional fees. It is recommended to check with the relevant customs authority before placing an order.
5.7 Delivery conditions for digital products
Digital products, such as software, e-books, digital keys (product codes), or online coursesare generally provided via email or through a download link and/or our portal . Delivery usually occurs immediately after payment is received.
Exceptions and delays:
- If the digital product is temporarily unavailable (e.g., due to a technical issue or a supply backlog from the providers), the customer will be informed.
- In some cases, an internal review may be necessary to prevent abuse or fraudulent orders. This review may take up to 24 hours . During this period, the customer will receive a notification regarding the status of the order.
- Should the delivery be delayed beyond 24 hours, the customer has the right to contact support and request a Cancellation or alternative solution to apply.
After successful provision of the digital product, the customer will receive a confirmation email with the access data, the license key, or the download link.
6) Usage Rights for Digital Content
6.1 The customer receives a non-exclusive, unlimited usage right.
The usage right granted to the customer for the digital content is non-exclusive. This means that the seller can also provide the same content to other customers, without the original buyer having a right to preferential use. The usage right is unlimited in time, meaning there is no set expiration date. The customer can use the content permanently, but under the conditions set forth in these terms and conditions. The right to use generally includes the use of the content for personal, private use. Should the customer wish to use the digital content in a business or commercial context, explicit consent from the seller is required, which may be subject to additional conditions or costs.
6.2 Redistribution or duplication outside of these terms and conditions is not permitted.
The transfer and reproduction of the digital content is strictly prohibited unless expressly permitted by these terms and conditions or otherwise in writing. This means that the customer may not pass on the purchased content to third parties, whether for a fee or free of charge. Reproducing the content, whether by copying, uploads, downloads, or in any other form, is also prohibited without the explicit consent of the seller. The purpose of this provision is to protect the seller's rights to the digital content and to ensure that the content is used only within the agreed framework. Violations of this regulation may lead to legal consequences, including the possible reclamation of the digital content and/or claims for damages.
6.3 The usage rights come into effect only after full payment has been made.
The rights to use the digital content are granted to the customer only after the full payment of the agreed price for the content has been received. This means that the customer does not have access to the content as long as the payment has not been completed successfully. If the customer fails to make the payment on time, access to the digital content will remain blocked until the entire amount is settled. This is a common practice that ensures that the seller is properly compensated for the service rendered before the content may be used.
7) Usage Rights for Product Keys
7.1 The product key allows the use of the software to the described extent but does not constitute a license.
A product key is an essential component of using software, as it enables access to certain features or the software itself. The product key grants the customer only the right to use the software within the agreed scope, as outlined in the product description or the terms and conditions. However, the product key is not a license in the legal sense and does not grant the customer exclusive or unlimited usage rights to the software. Rather, it is a technical measure that regulates access to the software. The product key only entitles the customer to use the software on the designated devices and within the specified conditions.
7.2 Use is permitted only after full payment.
As with the digital content, the usage right of the product key comes into effect only when the payment of the full purchase price for the software has been successfully completed. This means that the customer can only use the product key after they have made the corresponding payment in full. In the event of payment delay or non-payment, access to the software will be blocked, and the product key will remain unusable until payment has been received. This provision ensures that the seller is correctly compensated for providing the product key and the associated software.
8) Retention of Title
Until full payment is made, the goods remain the property of the seller.
The retention of title means that the seller remains the lawful owner of the goods until the full purchase price has been paid. Even if the buyer is already in possession of the goods, all rights to the goods, including ownership rights, will only fully transfer to the buyer once the entire payment has been completed properly. This provision protects the seller in the event of payment default, as they have the right to reclaim the goods in such cases. However, the buyer is obligated to treat and secure the goods carefully during the duration of the retention of title. In the event of non-payment, the seller has the right to take back the goods.
9) Liability for Defects (Warranty)
9.1 The statutory warranty rights apply.
The warranty rights of the buyer are governed by statutory provisions. This means that the buyer is entitled to rectification or replacement delivery if the goods have defects that were already present at the time of purchase. The seller is obligated to remedy these defects, either through repair or by providing a replacement of defect-free goods. If this is not possible, the buyer has the right to a reduction in the purchase price or to withdraw from the contract. This provision is based on statutory regulations that protect the buyer from defective goods.
9.2 For used goods, liability is limited to one year, with exceptions for certain cases (e.g., fraudulent misrepresentation or structural damage).
For used goods, a shortened warranty period of one year from the handover of the goods applies. This period is a common practice, as used goods may naturally have a shorter lifespan. However, in certain exceptional cases, such as in cases of fraudulent misrepresentation or damage occurring to buildings or similar valuable goods, the seller's liability may extend longer. It is assumed that the seller cannot be held responsible for defects if they were caused by the buyer themselves or by external circumstances.
Customers should report obvious transport damages to the carrier; however, this does not affect their rights.
In the event of transport damages, the buyer is obliged to report these to the carrier or the delivery company immediately. This serves both to prevent damage and to ensure proper claims. Nevertheless, this report does not affect the buyer's warranty rights. The buyer remains entitled to claim the goods in accordance with legal provisions, even if there is a transport damage.
10) Applicable Law
The law of the Federal Republic of Germany applies. The protection of mandatory provisions of the buyer's country of residence remains unaffected.
For all contractual relationships governed by these terms and conditions, only German law applies. This provision relates to all contracts and provisions concluded between the buyer and the seller. However, for consumers, the protection of mandatory provisions of their country of residence remains in place. This means that if the buyer resides in another country, that country must not provide less protective rights for the buyer than the provisions of German law. In such cases, German law will only be applied to the extent that it is compatible with the protective provisions of the buyer's country.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
In the event of a dispute between the seller and the buyer, both parties can use the platform for online dispute resolution provided by the EU Commission. This platform allows conflicts to be resolved outside of court proceedings, which can lead to a faster and more cost-effective solution.
11.2 The seller does not participate in dispute resolution procedures before a consumer arbitration board.
Although the buyer has the option to involve a consumer arbitration board, the seller does not participate in such procedures. This means that the seller is not obliged to engage in such a procedure, and a resolution of the conflict may only be pursued through legal means.