General Terms and Conditions of Business
- These terms and conditions apply to all of Elektronik Billiger UG (haftungsbeschränkt), Kösliner Weg 13, Norderstedt, 22850 (hereinafter: “Seller”), towards its customers regarding the sale of license keys for the download of digital goods (not on a physical data carrier, software offered for download) via the online shop at www.mscdkeys.com, as well as all sub-domains belonging to this domain. Deviating regulations of the customers do not apply unless the seller has expressly confirmed this in writing.
- The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany with the exception of international private law. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
- Agreements made with the customer in individual cases (including collateral agreements, supplements, and amendments) shall in any case take precedence over these terms and conditions of business.
- The customer can call up and print out the order overview as well as the General Terms and Conditions of Business, the license conditions of the holder of rights for whose software a license key is purchased together with documentation on the history of the software.
- The place of jurisdiction shall be Norderstedt if the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have any general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.
- Customers who are consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS Platform) contains information about online dispute resolution and serves as a central contact point for the extrajudicial settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
- Duty to inform according to the Consumer Dispute Settlement Act (§ 36 VSGB): The seller is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
2. Conclusion of the Contract
The seller offers his customers the sale of software licenses in his online shop https://mscdkeys.com. For this purpose, the customer acquires license keys for the activation of the respective software. The seller is aimed exclusively at customers within the EU.
The sales contract is concluded as follows:
- By clicking on the button “order subject to payment”, the Customer submits an offer to conclude a purchase contract. Prior to this, the Customer can correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse or, if necessary, touchscreen functions.
- If the customer has chosen the payment methods IMMEDIATELY TRANSFER, GIRO PAY, PAY DIRECT, or CREDIT CARD, the purchase contract is concluded at the time of confirmation of the payment order to the respective payment service provider or by instruction to charge the respective credit card.
- In all other cases, the purchase contract is concluded at the time of acceptance of the customer’s order by the seller. The seller is entitled to accept the offer contained in the order within 3 working days by sending an order confirmation.
The receipt of the order and the conclusion of the contract are confirmed to the customer by e-mail.
With the notification of the conclusion of the contract, the customer receives the text of the contract and these General Terms and Conditions, as well as the revocation instruction. Furthermore, the Customer shall receive the license terms of the holder of the rights to the software for which the Customer has acquired the respective license key.
3. Object of the Contract
In addition to the granting of rights described in more detail below, the object of the Seller’s performance shall be the transfer of the license key and the provision of the software for download as well as documentation of the history of the software.
4. Granting of Rights
Upon full payment of the purchase price, the Seller shall transfer to the Buyer a license right to the respective software in accordance with the license terms of the respective rights holders. The software may only be used in accordance with the license terms of the respective rights holders.
5. Prices, Sales Tax and Payment
- All prices quoted in our online shop are gross prices including the statutory value added tax and do not include shipping costs.
- Delivery to the customer by the seller is only possible against prepayment (bank transfer, IMMEDIATELY transfer, giro pay, pay direct, credit cards (VISA, American Express, Master Card).
- With the payment method “Sofortüberweisung” the customer can use the payment method of SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany, if he has an activated online banking account and the customer’s bank offers the possibility to use the “Sofortüberweisung”. The customer logs in for payment with his usual online banking access data and transfers the invoice amount immediately and directly to the seller.
- In the case of the payment method “giro pay” of the provider GIROPAY GMBH, An der Welle 4, 60322 Frankfurt/Main, the customer is redirected to the page of “giro pay” for payment processing, where he enters his online banking access data and releases the transfer by means of a tan. The customer is then redirected to the seller’s online shop, where he can complete the order process.
- In the case of the payment method “pay direct” of the provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, the Customer is redirected to the “pay direct” page for payment processing, where he enters his online banking access data and releases the transfer by means of a Tan. The customer is then redirected to the seller’s online shop, where he can complete the ordering process.
- If the customer chooses advance payment by bank transfer, payment is due no later than 30 calendar days after conclusion of the contract.
- If a customer defaults on his payment obligations, the seller may demand compensation for damages in accordance with the statutory provisions.
- The seller always issues an invoice to the customer, which he receives by email.
6. Rights of Set-Off and Retention
The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by the seller. In the event of defects in the delivery, the Customer’s counterclaims shall remain unaffected, in particular his right to withhold a reasonable part of the purchase price in relation to the defect. Furthermore, the customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. Warranty and Liability
- The seller is liable for material defects and defects of title in accordance with the statutory provisions.
- Outside of the liability for material defects and defects of title, the seller shall be liable without limitation if the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of material obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations
- The limitations of liability in the above paragraph do not apply in the event of injury to life, body and health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
- If the Seller’s liability is excluded or limited, this shall also apply to the personal liability of his employees, representatives and vicarious agents.
8. Data Protection