1 Basic provisions
1.1 The deliveries, services and offers of Pay Shield LTD trading under Shop Win & Microsoft Office Keys (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. Any reference by the buyer (hereinafter "Customer") to his own terms and conditions is hereby rejected.
1.2 These GTC apply both to consumers (Section 13 BGB) and to entrepreneurs (Section 14 BGB). Unless the following GTC contain a separate reference, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3 Additions or amendments to the terms and conditions require written confirmation by the supplier. The original purchase order is decisive for the content of the contract.
1.4 We may make changes to the design and shape of the goods, provided these changes are not of a fundamental nature and the contractual purpose is not significantly restricted.
1.5 By placing an order in accordance with section 2.2, the customer declares his agreement with these GTC.
2 Formation of the contract
2.1 The subject of the contract is the sale of download products (digital content that is not supplied on a physical data carrier, such as digital product keys, access codes or other digitally available information) together with the associated licenses.
By placing the respective download product on our website, we submit 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 provision of the software named in the license certificate in object code in the case of a contract for the delivery of software (hereinafter: "software purchase"). The seller is obliged to provide the possibility to download the software and to provide a printed or downloadable version of the associated user documentation. Prior to full payment of the purchase price in accordance with Clause 8, the user documentation provided is subject to the seller's retention of title. The respective product description in the online store or the respective marketplace of the seller is decisive for the quality of the software.
2.3 The contract is concluded 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 order process, the customer concludes a legally binding contract offer with regard to the goods contained in the shopping cart. The customer can also submit the offer to the seller by e-mail.
2.4 The seller can accept the customer's offer within five days by requesting payment from the customer after the order has been placed. This also includes the selection of a payment method in the ordering process, by which payment is made before the ordered goods are dispatched. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, as does the delivery of download products. The customer must therefore ensure that the e-mail address he has provided to us is correct and that the receipt of e-mails is not prevented, in particular by SPAM filters.
3 Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
To exercise your right of withdrawal, you must contact us:
Owner: AINGSUMON KINSEN
Head office: Wernher-Von-Braun-Strasse 16, 63303 Dreieich, Germany
Location Germany: Wernher-Von-Braun-Strasse 16, 63303 Dreieich, Germany
Tel: +49 03023255685
E-Mail: ch@winandoffice.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the revocation, it is sufficient for you to send the notification of the exercise of the right of revocation.
4 Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred 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.
4.3 The payment option(s) will be communicated to the customer in the online store or respective marketplace of the seller.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If payment is made using a payment method offered by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), payment shall be processed via PayPal, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the customer is in default, we shall be entitled to charge interest at the rate charged by the commercial banks for open overdraft facilities - but at least 4 % above the Bundesbank discount rate - plus the respective statutory VAT. The interest is due immediately.
5 Delivery and shipping conditions
5.1 Digital content is provided to the customer in electronic form as a download by communicating a download link. Product keys are sent to the customer by e-mail.
6 Retention of title
6.1 We reserve title to the goods until full payment of all claims to which we are entitled from business relations with the customer.
6.2 The assertion of the retention of title shall not be deemed a withdrawal from the contract. However, we are entitled to dispose of the goods for which the retention of title has been asserted elsewhere after a reasonable period of time and to deliver the same or equivalent goods to the customer upon full payment of the purchase price.
7 Final provisions
7.1 The contractual partner is only entitled to assign rights and claims arising from the contractual relationship to third parties with the prior written consent of the seller. § Section 354a HGB remains unaffected; Section 354a HGB does not apply to consumers.
7.2 Upon commencement of the business relationship, the customer's data, which may also be personal data, shall be stored and, to the extent necessary for the execution of the order, processed and transmitted.
7.3 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the referrals of international private and procedural law. In the case of consumers, this choice of law shall only apply insofar as no mandatory provisions of the law of the country in which the consumer has his habitual residence grant broader protection.
7.4 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 assert claims against the customer at any place of jurisdiction permitted by law. This provision does not apply to consumers.
