General Terms and Conditions (GTC)
1 General Terms
1.1 The deliveries, services and offers from Windows & Office, (hereinafter “Seller”) are made exclusively on the basis of these terms and conditions (hereinafter “GTC”). They therefore also apply to all future business relationships, even if they are not expressly agreed again. References by the buyer (hereinafter “customer”) to his terms and conditions are hereby rejected.
1.2 Additions or changes to the conditions require written confirmation by the seller. The original of the order is authoritative for the content of the contract.
1.3 These terms and conditions apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), unless the following terms and conditions contain separate information.
1.4 With the submission of the order according to No. 2.2 the customer agrees to these terms and conditions.
2 Conclusion of the contract
2.1 The subject of the contract is the sale of downloadable products (digital content that is not delivered on a physical data carrier, such as digitally available product keys, access codes or other digitally available information) including the associated licenses.
By placing the respective download product on our website, we are submitting a binding offer to the customer to conclude a contract under the conditions specified in the item description.
2.2 In the case of a contract for the delivery of digital goods, the seller owes the permanent transfer of the software named in the license certificate in the case of a contract for the delivery of software (hereinafter: “software purchase”). The seller owes the provision of a possibility to download the software as well as the provision of a printed or downloadable version of the associated user documentation. The respective product description in the online shop or the respective marketplace of the seller is decisive for the quality of the software.
2.3 The contract is concluded as follows via the online shopping cart system:
The customer places the selected goods in the virtual shopping cart and goes through the electronic ordering process. By clicking on the button to complete the ordering process, the customer concludes a legally binding contract offer with regard to the goods in the shopping cart. In addition, the customer can also submit the offer to the seller by email.
2.4 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
2.5 Subsidiary agreements, changes and additions are only valid if we confirm them in writing. The same applies to the assurance of properties.
3 Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 Consequences of cancellation
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original
Have started the transaction, unless something else has been expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or you have provided evidence that you have not used the goods, whichever is 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 informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
4.1 The statutory warranty rights apply.
4.2 The customer is requested to check the item for completeness and obvious defects immediately upon delivery and to notify us of any complaints as soon as possible. If the customer does not comply, this has no effect on his statutory warranty claims.
4.3 Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
4.4 The warranty period is one year from delivery of the goods.
4.5 If the customer rejects the seller’s delivery for a reason other than a significant defect that severely restricts use or makes it impossible, although the seller has declared that he is ready to perform, the customer is in default of acceptance. Acceptance of the delivery may not be refused due to minor defects.
4.6 The warranty does not cover defects that result from improper operation, system components changed contrary to the contractual principles, use of unsuitable organizational resources, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual operating conditions or system interventions by the Customers or third parties.
4.7 If a delivery is defective, the seller can choose to provide supplementary performance by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). In the latter case, the customer is obliged to return defective goods at the request of the seller in accordance with the statutory provisions.
4.8 Granting of rights in a contract for the delivery of software
- The point. 4.8 applies exclusively to contracts for the purchase of software in accordance with No. 2.2.
With full payment of the purchase price, the customer receives a non-exclusive, unlimited right to use the goods to the extent granted in the contract.
- The goods may only be used simultaneously by a maximum of the number of natural persons that corresponds to the goods purchased by the customer.
- Permitted use includes the installation of the software, loading it into the main memory and the intended use by the customer. Under no circumstances does the customer have the right to rent or sub-license the purchased goods, to reproduce or make them accessible to the public in a wired or wireless manner, or to make them available to third parties for a fee or free of charge.
- The customer is entitled to make a backup copy of the software if this is necessary to secure future use.
5 Prices and Terms of Payment
5.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. (e.g. transfer fees, exchange rate fees, import duties or taxes). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option (s) will be communicated to the customer in the online shop or the respective marketplace of the seller.
5.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
6 Delivery and Shipping Conditions
6.1 Digital content is made available to the customer in electronic form as a download by providing a download link. Product keys are sent to the customer by email.
7 Retention of ownership
7.1 We reserve ownership of the goods until all claims that we are entitled to from business relationships with the customer have been paid in full.
7.2 The assertion of the retention of ownership does not count as a withdrawal from the contract. However, after a reasonable period of time, we are entitled to otherwise dispose of the goods for which the retention of ownership has been asserted and, upon full payment of the purchase price, to deliver the same or equivalent goods to the customer.
8 Final provisions
8.1 With the establishment of the business relationship, the customer’s data, which can also be personal data, are stored and, if necessary for the execution of the order, processed and transmitted.
8.2 German law applies exclusively to the exclusion of the UN sales law and the referrals of international private and procedural law.
8.3 The exclusive place of jurisdiction for all disputes arising from and in connection with contracts to which these GTC apply is the registered office of the seller; however, the seller is entitled to claim against the customer at any legally established place of jurisdiction. This regulation does not apply to consumers.