GENERAL TERMS AND CONDITIONS

1. DECLARATION OF REVOCATION

Cancellation policy prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 Para. 2 Sentence 2. Reference: BGBl. I 2013, 3642 - 3670

CANCELLATION POLICY

Right of withdrawal (digital goods on an embodied data carrier)

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, KEYS:EXPRESS GmbH, Betriebsstätte Deutschland, Gymnasialstr. 2, 55543, Bad Kreuznach, telephone: +49 (0) 6784 / 98 25 323, e-mail: willkommen(at)keys.express by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this purpose, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2. Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
3. Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.
  Right of withdrawal (non-embodied digital goods)

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us KEYS:EXPRESS GmbH, Betriebsstätte Deutschland, Gymnasialstr. 2, 55543, Bad Kreuznach, phone: +49 (0) 6784 / 98 25 323, e-mail: willkommen(at)keys.express by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

Sample cancellation form

(If you wish to revoke the contract, please complete and return this form).

KEYS.EXPRESS GmbH, Betriebsstätte Deutschland,

Gymnasialstr. 2, 55543, Bad Kreuznach, Germany,

Phone: +49 (0) 6784 / 98 25 323, E-Mail: willkommen(at)keys.express

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Date

(*) Delete as applicable.

2. GTC

General terms and conditions of contract in the context of purchase contracts concluded via the platform https://keys.express/EN/ between KEYS.EXPRESS GmbH, Betriebsstätte Deutschland, Gymnasialstr. 2, 55543, Bad Kreuznach, Phone: +49 (0) 6784 / 98 25 323, E-Mail: willkommen(at)keys.express - hereinafter referred to as "Provider" - and its customers - hereinafter referred to as "Customer".

§ 1 Scope of application, definitions

The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating general terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

The Provider sells product key(s) for the activation of the respective computer programmes. The customer can collect these in a so-called shopping cart via the button "add to shopping cart". By clicking on the button "buy now", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
The Provider shall then send the Customer an e-mail. This contains: Contract text (consisting of order, GTC and order confirmation), invoice and key and download link. The contract text is stored in compliance with data protection. The customer can print this out using the "Print" function.
The contract for orders via the English online shop shall be concluded in English.

§ 3 Delivery, availability of goods

Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 24 hours for the provision of a download, 2 days for the dispatch.
We are entitled to make partial deliveries insofar as this is reasonable for you.
In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
If delivery is not possible at the time of the customer's order, the supplier shall inform the customer of this without delay. If the product is permanently not available, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay.

§ 4 Prices and shipping costs, provision for download and shipping

All prices in our online shop are gross prices including the statutory value-added tax and do not include shipping costs. Business customers will be shown the net price after an optional login.
The shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
If we fulfil your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration, you can demand the reimbursement of costs already paid for shipping to you (delivery costs) under the statutory conditions.

§ 5 Voucher and discount campaigns

Voucher and discount campaigns can be combined. Voucher and discount campaigns can only be redeemed for one purchase in the online shop. After that, the voucher and discount campaigns lose their validity. Vouchers may not be passed on and can only be redeemed by the person who has received them directly from the company electronically or by post.
If voucher and discount promotions in the online shop are redeemed more than once by the same customer, the Company reserves the right to subsequently charge this amount to the customer and/or to block the account. The Company also reserves this right in cases where customers attempt to circumvent this regulation, in particular by using different e-mail addresses.
If there are additional special conditions for vouchers, promotions and discounts, these are available in the relevant information on the respective promotions and discounts and take precedence over these GTC. In this case, the special conditions will be explained by the Company at the time of the voucher or discount promotion and will also be sent again in the confirmation email following the online purchase.

§ 6 Payment modalities

The customer can make payment by PayPal, credit card, instant bank transfer or purchase on account. The payment method "purchase on account" is only possible for registered business customers. It is limited to an amount of 999.99 EUR per order.
The customer can select the payment method anew for each order.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline.
The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by arrears by the supplier.
Customers are not entitled to offset against our claims unless their counterclaims have been legally established or are undisputed. Customers are also not entitled to offset against our claims if they assert notices of defects or counterclaims from the same purchase contract.
As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Copyright, rights of use

The customer does not acquire ownership of digital content, but rather the simple, non-transferable right of use to use the digital content offered for exclusively personal use in the manner offered in each case.
The customer is entitled to download the purchased digital content once, to use it exclusively for personal use and to copy it to his own end devices. The customer is not permitted to change the content or editorial content of digital content, to copy it for third parties, to make it publicly accessible, to post it on the Internet or in other networks against payment or free of charge, to imitate it, to print it out or to use it for commercial purposes.
The option to re-download digital content by the provider is voluntary. The provider is entitled to temporarily or permanently change, interrupt or completely discontinue the download option at any time. In addition, the provider is entitled to delete individual digital contents from the customer account if there is an important reason for doing so. This is the case, for example, in the event of disputes about possible infringements of rights. Digital content that has already been downloaded to the customer's own storage location is excluded from the possibility of deletion.

§ 8 Warranty for material defects, guarantee

The product key is intended for one-time activation on a computer. The period of use is unlimited as long as the product is used on the same device. If the computer is reformatted, re-installed or changes are made to the hardware, there is no longer any guarantee that the product key will continue to function on the computer.
If a product key does not work, the Supplier will replace it immediately free of charge.
The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
An additional guarantee exists for the goods delivered by the supplier only if this has been expressly given for the respective item.
When purchasing digital content, updates are regularly made available to the user by the provider or the manufacturer. Users are obliged to install updates that affect the security and functionality of the goods.

§ 9 Liability

Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§ 10 Final provisions

We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions in particular. of the state in which the customer has his habitual residence as a consumer shall remain unaffected.
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.