Table of Contents
- Contract Conclusion
- Subject of the Contract
- Granting of Rights for a Contract on the Delivery of Software
- Granting of Rights for Contract on the Temporary Provision of Software
- Customer’s Obligations
- Right of Revocation
- Prices and Payment Terms
- Delivery & Shipping Terms
- Retention of Title
- Warranty for Contracts under Cl. 3.2, 3.3 a) and 3.3 C)
- Warranty for Contracts in Cl. 3.3 b)
- “100% Money-Back Guarantee” Guarantee Terms
- Liability for Other Breaches of Duty
- Redemption of Campaign Vouchers
- Naming as Reference
- Affiliate Program
- Final Provisions
1.1 These General Terms and Conditions UK SOFT LTD ( Company number 12461399 ) are applicable to all agreements between the Seller as well as a contractual partner (hereinafter “Customer”) regarding the delivery, sale, and supply of temporary digital content digital goods, non-digital products (hereinafter collectively referred to as “Goods”). In the event that the Seller also provides services and services, the Seller provides them solely as an additional service to the contract of purchase mentioned above. Any deviation, conflicting or complementary General Terms and Conditions of the Customer will become part of the contract only in the event that the Seller has expressly agreed to their use. Recognition tacitly of the General Terms and Conditions of the Client by the Seller through conclusive behavior is not valid. This consent requirement is applicable regardless of instances where the Seller renders unreserved services to the Customer despite knowing of customer’s General Terms and Conditions.
1.2 These GTC will apply to customers (section 13 BGB (German Civil Code)) and entrepreneurs (section 14 BGB). If the GTC below are accompanied by notes that are distinct, any of the terms are applicable to agreements with entrepreneurs as well as consumers. If individual terms do not apply to consumers in any way or in a modified form, it must be explicitly stated.
1.3 These terms are also applicable to any subsequent contractual relationships between the customer and the Seller, in cases where the Customer is an entrepreneur.
1.4 Digital contents in this sense will include any digital content, excluding for digital goods, all digitally-existing access codes key codes for products or other information that is digitally available.
1.5 Digital Goods in this sense will be any software that isn’t being stored on a physical data carrier, but which is made available by the seller for download in the event that it is appropriate and while certain permissions of use granted in accordance with the cl. 5 and 6.
1.6 Non-digital Goods in this sense include any software installed on a data carrier that is made available as physical goods by the seller, when appropriate, having certain right of use granted in accordance with the cl. 5 and 6, and other physical goods.
1.7 The Seller has an online store on an individual website (hereinafter “Online Shop”). Additionally to this, it also sells its products on other marketplaces. Seller also sells goods on several marketplaces, like ebay.de, rakuten.de or rueducommerce.fr (hereinafter as a group “Marketplace” as well as collectively “Marketplaces”).
1.8 By sending the purchase order in accordance with cl. 2.2 The Customer must accept these GTC.
2.1 The contract conclusion for an order made through the Online Shop of the Seller will not be completed until the customer making the purchase. The customer’s purchase order will more likely be an offer to conclude the contract. The price, prices, quotations and descriptions of the Goods or other services listed and described in the Seller’s online Shop are not an offer.
2.2 The contract conclusion of a purchase made through any of these Marketplaces must take effect when the buyer places their purchase request.
2.3 Before bindingly making the purchase the customer may be able to spot potential errors in input by reading carefully the information that appears upon the monitor. A reliable method of better detecting any errors made in this regard is the zoom feature of the browser, which permits to expand the display of the screen. The customer may make corrections to his entry during the order process by using the normal keyboard and mouse functions up to pressing the button to complete the process of placing an order.
2.4 The order confirmation of a purchase through the Online Shop shall not constitute acceptance of the offer to purchase of the Seller. In this instance an agreement between the Buyer and the Seller will be enforceable only through another action by the Seller as per the cl. 2.5.
2.5 The Seller can accept an offer from the customer within five days of
- A) personally delivering goods or having an exchange partner (e.g. Amazon EU S.a.r.l.) will deliver the purchased Goods to the Customerupon acceptance of the goods at the time the Customer is prevailing or
- b) soliciting payment from the customer via separate communication following delivery of the customer’s purchase order. This also includes the choice of the payment method during the order process , whereby the goods ordered are paid prior to shipping.
If a variety of these possibilities are present the contract will be concluded on the day of the most likely of these options.
2.6 The deadline to accept the offer in accordance with cl. 2.5 will begin on the date following the date of the customer’s sending the offer, and will end at the expiration of the fifth day following the submission of the offer. If the Seller fails to take the offer from the Customer within the time frame specified above the offer will be deemed to be rejected, with the customer no longer bound by the Customer’s statement of intention.
2.7 The contract can be concluded only with only the English language.
2.8 If the Customer provides an email address for handling contracts The Customer is responsible for ensuring that the e mails sent by the Seller are received by the address. If they are using spam filters the Buyer must make sure that the filters are properly configured to ensure that the e-mails sent from the Seller or third parties hired by the Seller to handle handling orders are delivered. When doing this that third-party or Seller hired by the Seller to handle handling orders will design the e-mails in a manner that do not appear to be legitimately acceptable based on their appearance on the outside and, more specifically, their pattern of text, to be interpreted as spam messages.
Subject of the Contract
3.1 The Seller is responsible for providing the Customer with the Goods. The Seller may provide services as an ancillary to the contract for the delivery of goods. The terms of the contract for the service will be the prevailing factor. When providing services that are not provided by the Seller, the Seller will utilize, at the Sellers discretion of its subcontractors, employees or any other agents.
3.2 For a contract for the supply of goods not digitally digitized The Seller’s service will be in accordance with the description provided in the Online Shop of the Seller or the Marketplace that it is associated with. It is referred to the rules governing the retention of title in cl. 10. If a purchase contract is for the transfer to a customer of software (hereinafter “Software Purchase”) the seller is liable for the permanent transfer of software described in the license certificate. The seller is responsible for the transfer of one piece of software onto the appropriate data media such as CD-ROM, Bluray disc, or USB stick in addition to the transfer of the printed or download version of the user’s manual. When the purchase price has been completely paid in accordance with cl. 8.8, all data carriers, as well as the user’s manual transferred are subject to Seller’s retention of title. The description of the product on the seller’s online Shop or Marketplace will determine the nature of the software. The Seller will also be responsible for grant of rights under the cl. 4.
3.3 For a contract of supply of Digital Goods the seller is responsible for
- A) for a contract concerning the supply to the purchaser of software (hereinafter “Software Purchase”) that is, the perpetual exchange of the program is specified in the license certificate the object code. The seller is responsible for the evidence of the possibility to download the software, as well as the transfer of an electronic or download version of the accompanying user manual. Prior to the time that the purchase price is completed in full as per cl. 8.8, the user’s documentation delivered shall be subject to the Seller’s right to retain of title. The description of the product on the Online Shop or the resolution Marketplace will determine the conditions that the product is in. The Seller must also be responsible for grant of rights under the cl. 4.
- b) to enter into a contract for the provision of software for a period of time (hereinafter “Software leasing”) the temporary supply of the software as specified in the license certificate the object code. The seller must provide the evidence of the possibility to download the software and the transfer of the printed or downloaded version of the user’s manual. Prior to the time that the purchase price is fully paid under cl. 8.8, the user’s documentation given to the buyer is subject to Seller’s retain of title. The product description that is included on the sellers’ Online Shop or respective Marketplace defines the terms that the product is sold. The Seller must also be responsible for grant of rights under the cl. 5.
3.4 For a contract for the delivery of digital content the Seller is responsible for the Customer the delivery for the content. Use of digital material delivered to the purchaser is subject to the terms of the relevant provider’s usage terms applicable in the context of the. Any use made of this digital content must depend on the conditions precedent of the complete purchase price in accordance with the cl. 8. The Seller could also allow use prior to the date.
3.5 The Seller will only be liable for services as a contractual or post-contractual services to the above-mentioned primary obligations and only after a separate discussion with the customer.
3.6 The delivery of the contract object will be subject to the cl. 9.
3.7 If the Seller is prevented or totally removed from providing its contractual services because employees, documents, devices or data of the customer are not accessible in a reasonable, or in a satisfactory way, or the customer is unable to fulfill the obligation of cooperation of the Customer and compliance with the dates, with a willful intent or carelessness, the Seller shall be legally entitled to charge any extra cost to the customer.
3.8 If the customer is an entrepreneur, prompt and accurate self-delivery is in the hands of the Seller if it cannot be held accountable for delayed and/or inaccurate self-delivery
Granting of Rights for a Contract on the Delivery of Software
4.1 This cl. 4 will only apply to contracts for purchases of software within the terms of. 3.2 and 3.3 (a).
4.2 Upon full payment of the purchase price in accordance with cl. 8.8, the customer will receive a non-exclusive and permanent rights to utilize the goods in the extent allowed by the contract. 8. The Seller could also permit the use of Goods before the expiration date. The Goods are only able to be utilized simultaneously by the maximum amount of natural individuals that equals the amount of the Goods bought by the customer. The permitted use will include an installation process, its loading of the software into RAM, as well as the use that is authorized by the Customer. The Customer does not have the rights to lease or sublicense to reproduce publicly or make available to the public via wireless or wired means the obtained Goods, or offer the Goods to third parties without charge or for the payment of a fee. Cl. 4.5 shall not be affected.
4.3 The Customer is entitled to make backup copies of the software in the event that it is necessary to protect the future use.
4.4 The Customer can decompile or duplicate the software in the event that it is permitted by the law. This will only be permitted to the extent that, upon request, the seller fails to provide the customer with the necessary information be completed within a reasonable time.
4.5 The Customer has the right to transfer permanently the acquired copy of the software to a third-party including the documentation. In this instance the Customer has to stop using the software completely will remove all copies that the program has on their computer systems and erase or transfer to the Seller all copies on any other data storage media except where the Customer is required by law to a lengthier retention period. If the Seller requests it the Customer must declare the full compliance with the above-mentioned steps by writing to Seller or, if appropriate, will provide reasons for the retention of the software to the seller. Additionally, the customer must explicitly agree to the third party’s compliance to the terms of the rights granted under this clause. 4. Any fractionation of acquired volume packages is not allowed.
4.6 If the Customer makes use of the software in any manner beyond the rights of use obtained with the Goods in terms quality (regarding the kind of permissions for use) or in terms of quantity (regarding the amount of users) The Customer must immediately acquire the additional Goods necessary to be used in a permissible manner. In any other case the Seller will enforce the rights granted by the Seller.
4.7 Copyright notices serial numbers as well as other functions that allow identification of programs must not removed from the software and should not be modified.
Granting of Rights for Contract on the Temporary Provision of Software
5.1 This cl. 5 is only applicable to contracts relating to the provision of software for a limited period in accordance with the cl. 3.3 b).
5.2 Upon full payment of the purchase price in accordance with cl. 8.8, the Buyer will acquire the non-exclusive, nontransferable and non-sublicensable right to make use of the Goods for a limited period during the duration of the contract, to the extent permitted in the contract and in the license certificate. The Seller may also permit the access to the Goods before the expiration date. The time frame of the temporary duration of the contract is subject to the relevant details in the Seller’s Online Store or their Marketplace or option to be selected by the customer in advance of the end to the terms of contract. The permitted use will include an installation process, its loading into RAM, as well as the authorization of use by the customer. The Customer does not have the rights to lease or sublicense to reproduce publicly or make publically available via wireless or wired means the purchased Goods or offer them to any third party without charge or for an expense.
5.3 The Customer is entitled to make an archive copy of the software, if it is required to guarantee the continued use of the software.
5.4 The Customer can decompile or duplicate the software, but only in the case that this is permitted by the law. This will only be permitted to the extent however, that on request, the Seller fails to provide the customer with the required information to be completed within a reasonable amount of time.
5.5 The Customer cannot reproduce the software in any way other than the conditions stated in. 5.1 to 5.3.
5.6 The Customer is not permitted to transfer to other parties any copy of the software that is provided to him, or any copies made by him. Particularly, the Customer cannot rent, resell the software, lease it, sub-license, publically reproduce or distribute the software.
5.7 If the Customer breaches any of the above-mentioned provisions in any way, the rights granted under this agreement are immediately void and automatically transfer towards the seller. In this situation the Customer must end the use of the software immediately, and delete any and all copies of the software installed on his system and also erase or transfer all backup copies/copies.
6.1 Unless otherwise stipulated by the agreement, the license certificate or other documents for users, the Customer is required to take all suitable measures to safeguard the Goods from access by third party that is not authorized and, in particular, to store any copies of digital content in an unsecure location.
6.2 The Customer must designate an individual contact point who’s statements are, in the case that they are used for contract management, and actions are obligatory for the Customer. This regulation is not applicable to consumers.
6.3 The Customer must inform the Seller prior to and during the handling of the contract of all the circumstances and procedures relevant to the management of the contract that are necessary in the preparation and the execution for the execution of the contract. This regulation will not apply to consumers.
6.4 The Customer is obligated to aid the Seller with the implementation of the contract to the highest of the understanding and beliefs and to establish all the elements necessary for the proper contract’s implementation. The Customer is required specifically to furnish an Seller any document(Es. ID, Passport, or driving license) as well as any other information and data in the format necessary to fulfill the contractual obligations. This also includes that employees are informed promptly about upcoming delivery dates or other requirements from the seller.
Right of Revocation
7.1 Consumers have the right to revoke their consent.
7.2 Detailed information on the right of revocation follows from the Seller’s Revocation Instruction retrievable at https://mskeydeals.com/refunds-returns/or on the Seller’s respective Marketplace.
Prices and Payment Termss
8.1 Unless otherwise stated in the Seller’s description of the product the prices listed shall include the VAT that is statutory. Additional delivery and shipping charges must be clearly specified in the product description.
8.2 For deliveries to countries that are not part of the European Union, further costs might arise in a particular circumstance for which the Seller will not be held accountable and is the responsibility of the customer. This includes, e.g. fees for the transfer of money through credit establishments (e.g. fee for remittance charges for exchange rates) or import-law duty and taxes (e.g. customs). The costs can be incurred in connection with the transfer of money even in the event that the delivery is delivered to a country that is not part of within the European Union, but the recipient is another country that is not part of within the European Union.
8.3 The payment option/s will be made available to the buyer via the Online Store of Seller or the relevant Marketplace.
8.4 If cash in advance through bank transfer is agreed upon to be paid, the money will be due upon contract conclusion, unless parties agree on a future due date.
8.5 For payment through or one of the other payment options provided by the payment service supplier PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), the payment via PayPal shall be handled under application of the PayPal User Agreement, accessible at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a pap account, under application of the Terms for Payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE.
8.6 Where the “SOFORT transfer” option is selected for payment the payment will be handled by an online payment provider SOFORT GmbH, Theresienhohe 12 80339 Munich (hereinafter “SOFORT”). To pay an invoice amount using SOFORT, client should have an internet-connected bank account with a PIN/TAN process activated for participation in SOFORT transfer. This will authorizes the payment procedure and sign off on the payment request to SOFORT. The transaction is completed by SOFORT immediately following the transaction by debiting the Customer’s banking account. The Customer may retrieve detailed information on the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
8.7 Where the purchase with invoice payment method is chosen the purchase price will be due upon the day that the Goods have been received and then invoiced. In this instance the purchase price has to be paid in full and without reduction within 7 (seven) days of the date of receipt of the invoice unless the buyer has agreed otherwise. The default regulations in section 286 (3) BGB shall remain unaffected. In addition, the Seller retains the option to provide the purchase using the invoice payment method in the case of a predetermined quantity of orders and to reject this payment method if the volume of order specified exceeds. In this situation the Seller must direct the buyer to a payment restriction within the payment data on the Online Shop or Marketplace.
8.8 Where the SEPA direct debit method of payment is chosen the amount of the invoice will be due for payment following the the granting of an SEPA direct debit directive however, not prior to the expiration of the deadline to submit the advance details. When a purchase is made via an online marketplace operated by the Seller direct debit will be paid upon the receipt of the purchase order. If you purchase through the Seller’s online Shop direct debit will be credited if the goods purchased leave the Seller’s warehouse , and an download link was provided or a product key delivered to the customer via email, while the delivery of the notification or e-mail sent by the Seller is conclusive, but it must be done prior to the expiration of the time limit for advance information. The term “advance information” (“Pre-Notification”) is any notice (e.g. an invoice, policy, or contract) from the Seller to the Customer in order to announce the debit through SEPA Direct Debit. When the SEPA direct debit cannot be completed due to not enough funds in the account , or the customer objects to the debit despite having the right to make a decision, the customer is responsible for the charges due to the financial institution as a result of the chargeback. In this case, the customer is accountable.
8.9 Where the credit card method of payment is chosen the account will be debited at the time of completing the purchase.
8.10 Where the “Amazon Pay” option is selected and the payment is made, it will be processed through an intermediary service for payments Amazon Payments Europe s.c.a. 38 Avenue J.F. Kennedy, L-1855 Luxemburg (hereinafter “Amazon Pay”), using the payment information stored in the Customer’s Amazon account, under application of the terms for payments via Amazon Pay, accessible at https://pay.amazon.co.uk/help/B63Y8N45FK4VXH2.
8.11 For payment through any of the available payment options provided by the payment service supplier Klarna Bank AB (publ), Sveavagen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”) The payment is made to Klarna in accordance with the following conditions:
Invoice: the deadline for payment will be 14 days following the delivery of the goods. The invoice terms are accessible at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/en_us/invoice?fee%3D0.
Hire-purchase: by using Klarna’s financing services The purchase of the customer can be paid out in flexible monthly minimum installments of 14 of the purchase price (but at minimum EUR 6.95) as well according to the terms specified in the process of ordering. Instalment payments must be due at the end of the month following Klarna’s sending an invoice each month. Further information on the hire-purchase including the General Terms & Conditions and the European standard information for consumer credits are accessible at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/en_us/account.
Transfer immediately: The customer’s account will be debited as soon as after the submission of purchase orders.
The use of the invoice and hire-purchase methods is dependent on having a good credit rating. Further information and Klarna’s Services Terms are accessible at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/user.
8.12 Setting off claims of the Seller against counterclaims made by the customer shall be disallowed unless the counterclaim has been acknowledged by the Seller , or was legally established by a final judgment. The right of retention granted to the buyer is also limited to the counterclaims.
8.13 In case that the payment is not made in the event of default, the Seller will be in a position to charge default interest at a rate of 9 percent over the applicable base rates of interest to the customer. In the event of a late payment in spite of notice for overdue payment the Seller shall be legally entitled to demand from the customer the costs for collection and notice of overdue that are necessary for proper legal action by collection agencies and lawyers employed with the Seller. They will be governed for collections agencies according to the lawful calculations of the collection agencies, and attorneys by the Law Firm Remuneration Act. In the event that the Seller personally handles the dunning procedure, the buyer agrees to pay a fee that is EUR 1.50.This amount is due for every notice of overdue sent. This does not apply to an overdue notification establishing the default. The customer reserves the right to prove lesser damages on behalf of the Seller. This regulation will not apply to consumers.
8.14 For customers who aren’t residents of Italy, but not in the Federal Republic of Italy, purchasing at net cost is feasible if they have already indicated their valid tax ID number in the purchase request. A tax identification number for value-added that is communicated following the sending of the purchase order will not be considered.
Delivery & Shipping Terms
9.1 Unless agreed otherwise, goods shall be delivered via the shipping to the address specified by the customer. The delivery address specified in the purchase process of the Seller will be the sole source of handling and execution of transactions.
9.2 If the shipping company has to return the items back to the seller because the delivery to the customer was not possible, the Buyer will be responsible for the failed shipping. This does not apply when the Customer uses the right to revocation, and does not bear the responsibility for any circumstances which made delivery impossible or was temporarily hindered from accepting the delivery, provided that the Seller communicated its performance customer with sufficient notice.
9.3 Self-collection shall not be possible due to logistical reasons.
9.4 Digital contents will be made available to the customer in electronic format, as downloads by distributing an download link. Keys for the products will be provided to the customer via e-mail.
Retention of Title
10.1 Title to delivered non-digital Goods will be held by Seller until Seller till the claim of the seller’s purchase is paid in total (retention of title).
10.2 The Customer is required to keep safe non-digital goods for the Seller and take care with them. The Customer must clearly state that the Seller is the owner to them by keeping them in a safe place and separating them from other products that are in inventory. This law will not apply to consumers.
10.3 In case of any attachments or other actions from third party parties, the Buyer must inform the Seller of any such intervention in writing, without delay.
10.4 The Customer can resell non-digital Goods within the normal commercial course, but not to pledge or assign the same as security. The Customer has already give in full to Seller rights to the invoice amount (including the VAT) of the Seller’s claim which arise to the Customer due to the sale to purchasers or any other third party. The assignment is intended to protect the claim in the same manner that the title retention under cl. 10.1 of this clause. The Customer is authorised to collect these claims after the assignment. The Seller is entitled to collect the claims personally when the Customer fails to pay the obligations, becomes in default, and the application for the initiation of insolvency proceedings is filed , or the Customer ceases to pay. In such cases the Seller could cancel the collection authorization. Additionally, the Seller can demand that the customer inform to the seller of assignment of claims and their debtors immediately and send the Seller an official declaration of assignment along with the relevant information as well as the documents necessary for the collection of the debt. This law will not be applicable to consumers.
10.5 If the non-digital goods delivered from the Seller’s side are incorporated or combined with other movables so in that they are incorporated into an item that is uniform the Customer must transfer co-title in proportion to the item that is uniform over to Seller. The Customer has already give an amount to Seller of all rights up to the amount of the amount due on the invoice (including the VAT) of Seller’s claims that result to the Customer as a result of the sale of the objects with co-title to the Seller. Seller will accept the assignment. The rules in section. 10.4 sentence 3 et seqq. is applicable mutatis-mutandis. This regulation will not apply to consumers.
10.6 If the customer uses the non-digital goods supplied to the seller in in a manner that they become part of a brand new item and cause the Seller’s title to be permanently lost The Seller’s title will remain in pro-rata proportion to the product manufactured. The Customer must now give an all rights to the invoice amount (including the VAT) of Seller’s claims that are due to the customer from the resale of the item to purchasers or other third parties. The rules in the clause. 10.4 sentence 3 et seqq. is applicable mutatis-mutandis. This regulation will not apply to consumers.
10.7 If the security that the seller is obligated to sell surpass those secured by more than percent, the Seller will be required to release, at the Seller’s discretion and in excess of the above limit upon the request of the buyer.
Guarantee in Contracts in Cl. (3.2, 3.3 a and 3.3 C)
11.1 The regulations of this clause. 11 shall be applicable to contracts in accordance with the cl. 3.2, 3.3 a) and 3.3 C).
11.2 Claims for defects in material against the seller shall be statute-barred within one year of the delivery of risk in cases where they are items that have been manufactured or work performed. The statute-barred period does not be applicable if longer deadlines are required by law in sections 438 (1) (2.) (buildings and other things used in building) or sections 445b (1) (recourse claim) and section 634a (1) (2.) (construction defects) BGB. This regulation is not applicable to consumers.
11.3 For any use of the Goods Any rights arising from defects in the material are exempted – subject to the legal rules and agreements. This regulation is not applicable to consumers.
11.4 Any and all information contained about the Goods, regardless of regardless of whether they are expressly written in writing, shall be a statement of the condition and shall not constitute guarantees, warranted particulars, contractually anticipated applications or any other similar. Obvious inaccuracies (typing, arithmetical, formal errors, etc.) in protocols, notes, operating instructions, prospectuses, calculations and the Seller’s Online Shop and other materials. could be amended through the Seller at anytime. Any remedy rights arising from obvious defects will be exempt from.
11.5 Towards merchants, the legal obligation to inspect the goods and to provide notice of defects in accordance with the section 377 of (HGB) (German Commercial Code) applies to delivery of the seller in all instances. If a delivery is delivered to a consumer through an intermediary, then the commercial-law obligation to notify of defects will apply to all deliveries, without exception. This regulation is not applicable to consumers.
11.6 If the customer is unable to accept the Seller’s offer due to reasons other than major defects that causes the use of the product to be restricted or impossible despite the Seller’s declared that it is ready to fulfill, then the Buyer is in the position of not accepting. Acceptance of the delivery can not be denied due to minor imperfections.
11.7 The warranty does not cover defects due to an improper operation, system components that have been altered in violation of the contract’s terms, recourse to inappropriate organizational methods and/or utilisation in an environment of software or hardware that is not in compliance with the requirements set forth in the licence certificate unusual operating conditions or system modifications by the Customer or other parties. If the Goods are used combination with equipment of third parties, the warranty for performance and functional defects will only be valid if defects occur despite an association or if compatibility of these devices is an integral part of the contract-based agreement.
11.8 If a delivery is not satisfactory the Seller may at Seller’s discretion and at their discretion, carry out a follow-up delivery by resolving defects (rectification) as well as by providing a product free from defect (replacement shipment). In the case of the latter the customer is obliged to return the damaged Goods back upon the request of Seller according to the lawful provisions. If the customer has a status of consumer then the preceding paragraph shall be applicable with the caveat that they cannot be returned or replaced with the same value. The Customer must provide the Seller sufficient time and space to carry out any further performance including rectification.
11.9 The expenses necessary for inspection and later performance, including transport and travel of workers, materials and labor expenses, will be paid by the Seller as per the lawful requirements when a defect exists. If the customer requires remedy for defects without justification, the Seller will be entitled to request reimbursement of the cost of performance provided that the customer is not accountable for the inaccuracy of the report of defects. If the performance of subsequent orders fails then the Seller clearly and firmly refuses to perform the service (also in accordance with subsection 439 (4) BGB), the subsequent performance is unreasonable for the customer or in the event that a violation that is in accordance with Section 323 (2) BGB exists, the customer is entitled to cancel the contract or reduce the amount of consideration without the limitation of any claims for damages.
11.10 Claims and rights of the buyer for defects are not valid in the event of a minor deviation from the agreed conditions and for only minor impairment of usability, or due to natural wear and tear to the extent they are caused by improper or negligent handling of or storage excess stress, inadequate equipment for operation or any other special external forces that are not covered by the contract. If the performance of the next one fails and the Customer is not entitled to, on one hand to request a further performance, or on the contrary, to claim the rights under the law that are available The Seller may also require the customer to exercise the rights of the Customer within a reasonable time. The customer must notify the Seller of their decision in text format (e.g. email, fax or letter). Acceptance of the Customer’s statement by the Seller will be crucial for the fulfillment of this grace-time period. If the Customer is unable to exercise these rights within the stipulated time the Customer is entitled to assert theserights, particularly the right to withdraw or damages as a substitute for performance only if a new , reasonable time frame for the performance to be determined by the Customer is reached but without any success. This regulation is not applicable to consumers.
11.11 Recourse claims of the customer against the Seller pursuant to section 445a BGB will exist only in the case that the Buyer and the Buyer of the Customer have not entered into any other agreements than the legal remedies in the event of defects. This regulation will not apply to consumers.
11.12 The reduced limitation period as well as the disqualification of responsibility in this clause. 11 will not apply in situations of harm to life, limb or health caused by recklessness or negligence in the event of the breach of duty committed by the Seller with wilful intent or gross negligence fraud in concealing a defect and to a warranty of condition or claims in accordance with the German Product Liability Act.
11.13 To the extent that the Seller provides updates and upgrades, or new programme versions, or any other content that is new to the original contract purpose hereunder, this cl. 11.13 shall be applicable mutatis mutandis.
11.14 Where legal defect exists, the provisions in this section. 11 shall apply mutatis-mutandis.
Guarantee for Contracts in Cl. 3.3 b
12.1 The regulations of this clause. 12 shall be applicable to contracts made under the cl. 3.3 b).
12.2 The Customer has the legal right to remedy material defects. The customer is required to inform the Seller of defects within the timeframe of delay.
12.3 The Customer’s right to cancel without notification for not granting use in accordance with contract provisions under Section 543 (2) (2). 1. (1.) BGB is not applicable. This is not applicable to defects deliberately hidden by the Seller, nor to delivery that is not timely to the customer in the event that the Seller is accountable of the delivery delay.
12.4 Claims and rights of the Customer in relation to defects are not valid when the customer fails to utilize the software in the manner intended, or misuses modifications or changes to the software without prior written consent of the Seller or if the problems or issues are caused by the software’s use in a computer or other environment that is not in compliance with the specifications set out in the license certificate, or unless the Customer proves that the fault is directly attributable on the program.
12.5 Claims and rights of the customer for defects will not be granted for a slight deviations from the agreed conditions or for a small impairment in usability, or for normal wear or damages to the extent that they are caused by negligence or careless handling or storage or storage, excessive stress, insufficient operating equipment , or any other external factors not contemplated in the contract.
12.6 The exclusion of liability in this cl. 12.6 shall not apply to instances of bodily injury or limbs, health or life through negligence or willful intent or the breach of duty committed by the Seller with wilful intent or negligence grossly negligent, the concealment of defect by fraud or to a valid warranty of condition, or to demands pursuant to the Product Liability Act.
12.7 To the extent that the Seller provides updates or upgrades, new program versions, or other updated content to the contract’s initial purpose hereunder, this cl. 12.7 shall apply mutatis-mutandis.
12.8 Where legal defects are present The provisions of this section. 12. shall be applicable in a manner that is not inconsistent with.
"100% Money-Back Guarantee" Guarantee Terms
The guarantee will be only valid for 3 years from the date of the invoice. This is not applicable to products that have a limited warranty. The warranty for these products will be restricted to the period that the item is. If you can prove that the item was purchased by the Seller and after the receipt of a written statement that the product is not going to be used again and not transferred to third parties the 100% of the amount paid will be refunded. The refund will be made within 14 days of receiving the proof and confirmation from the Seller. Please refer to https://mskeydeals.com/refunds-returns/
Liability for Other Breaches of Duty
14.1 For breaches of duty that aren’t legally enforceable or material in accordance with cl. 11 and 12 the Seller is responsible for grossly and wilfully negligent behavior by agents and executive bodies regardless of the level of fault, for any damage due to injuries to life, limb or health.
14.2 The Seller will also be responsible for negligence on the part of agents and executive bodies when there is a possibility of inability to perform, failure to comply with a warranty or breach of any other contractual obligation. Essential contractual obligations are those whose fulfillment is necessary to ensure proper and timely execution of the contract at the beginning and upon whose compliance the contracting party can regularly depend. In these cases the Seller’s responsibility shall be limited to the damage typical to contracts in the event that the Seller could reasonably have anticipated at the time of contract conclusion.
14.3 Any liability of the Seller that is not covered by the responsibility under cl. 12.1 and 12.2 regardless of legal basis whatever is exempted. This applies particularly to any claim against the breach of contractual obligations as well as to tort liability however, not to claims arising from default following the conclusion of the contract.
14.4 The Seller does not accept any responsibility for any data loss after verification, or any required repairs or other measures. The customer must ensure that all data on the devices or memory for data is properly backed up and there is no sensitive data on these.
14.5 Any limitation of liability that is agreed upon by the Customer will also apply to the benefit of the Executive bodies and agents of the Seller.
14.6 Claims under the Product Liability Act shall remain unaffected.
Redemption of Campaign Vouchers
15.1 Vouchers with an expiration date that is specified by the Seller and are distributed by the Seller without cost during advertising campaigns and cannot be purchased by the buyer (hereinafter “Campaign Vouchers”) can be used only at the online shop of the Seller and only for the time period.
15.2 Individual products are not eligible for inclusion in the voucher program if an equivalent restriction is in the contents of the voucher for campaign.
15.3 Campaign Vouchers can be used only after the time of purchase. Post-offsetting is not feasible.
15.4 Only one Campaign Voucher can be used for each purchase.
15.5 The value of the Goods should at the very least equal that amount in the Campaign Voucher. The Seller is not obligated to reimburse any credit remaining.
15.6 If the amount of the Voucher Campaign isn’t enough to pay for the purchase any of the alternative payment options provided by the seller may be used to settle the difference.
15.7 The credit of a Voucher for Campaigns will not be paid in cash or bear interest.
15.8 The Campaign Voucher will not be refunded when the customer returns within the legal rights of the customer of revocation of the purchase either in whole or in part using the campaign Voucher.
15.9 The Campaign Voucher is transferable. The Seller is able to perform the transfer by discharge effect for the Holder who redeems the Campaign Voucher at the Seller’s Online Shop. This is not the case when the Seller is aware or in ignorant of the owner’s inability to contract or lack of rights to representation.
Naming as Reference
In the event that the buyer is an entrepreneur and is an entrepreneur, the Customer agrees to being named in the name of the Seller as a reference on the website of the Seller, in their social media profile (such like Twitter, LinkedIn, Xing) as well as in their own publications, including the name of the name of the company that is used by the customer and using the trademark of the Customer that is associated with that company. This consent can be terminated at any point with effect for the future through a declaring it to the Seller.
17.1 General. This Terms and Condition (the “Affiliate Agreement”) regulate the Affiliate Program which is offered through Uk Soft LTD (“Ms Key Deals”, “we” or “us”). The Terms and Conditions form the entire agreement and agreement among Uk Soft Ltd and the person or entity who is a participant within this Affiliate Program (the “Affiliate” also known as “you”). Be sure to read the terms carefully because it is an legally binding agreement with Uk Soft Ltd. By applying for your account and using the Affiliate Program you agree to adhere to all conditions and terms set forth in the Affiliate Agreement. Uk Soft Ltd may terminate your Affiliate Account at anytime without notice, in the event of conduct which is in violation of the terms of this Affiliate Agreement, or for actions in which Uk Soft Ltd believes is detrimental to its business or for conduct that the usage by the Affiliate Program could be harmful to the other parties.
17.2 Referral Tracking. Uk Soft Ltd will provide the Affiliate with specific Referral Links for linking ads and other marketing material to MsKeyDeals.com. Uk Soft Ltd will track those who have visited these Referral Links by using cookies that last for 21 days. Only those who purchase a product during the time the cookie is active will be considered to be referrals for the Affiliate and logged as such on the Affiliate Dashboard. An Affiliate’s role is not allowed to alter or modify or alter the Referral Links or cookies in any manner. Uk Soft Ltd is not accountable for any tracking or reports errors that could arise from any changes made or modifications to or modifications to the Referral Link or the cookies.
17.3 Affiliate Fees and Payouts. UK Soft LTD settles the commissions upon request by the Affiliate through PayPal wire transfer, or other methods that are available among UK Soft LTD payment methods after the minimum amount of EUR50,00 has been attained. UK Soft LTD undertakes to keep the commissions earned for the benefit that of an Affiliate until the minimum balance payable is met. The late payment is not subject to interest. is applicable to amounts that have been accrued but not yet paid. In order to receive the payment the Affiliate will issue the customer with an invoice or receipt, or other comparable documentation for the sum demanded. The payment will be processed within 30 days of delivery of an invoice, or receipt issued by the Affiliate.
17.4 Advertisements. Uk Soft Ltd hereby grants the Affiliate an unexclusive, non-transferable limited license to utilize Uk Soft Ltd logos Uk Soft Ltd logos for solely the purpose of promoting our service in that context within the Affiliate Program. The license expires upon expiration of the Affiliate’s involvement within the Affiliate Program. The Affiliate can only display ads that feature the logos of Uk Soft Ltd, or service marks that are in good taste. The Affiliate cannot use UkSoft Ltd’s trademarks and service marks in any manner which, in UkSoft Ltd’s discretion, paints Uk Soft Ltd in negative way. The Affiliate is solely responsible of its marketing efforts. Marketing actions must be professionally conducted and fully in conformity to the laws in force. Uk Soft Ltd may, without notice, demand an Affiliate Affiliate to end or change the content of any advertisement in Uk Soft Ltd’s absolute discretion.
17.5 Termination. The Affiliate may end the Affiliate’s involvement within the Affiliate Program immediately by providing the other party with an unsigned notice of cancellation. Uk Soft Ltd reserves the option to end an affiliate’s involvement within the Affiliate Program at anytime for any conduct that is in a material violation of the Affiliate Agreement or for any conduct in violation of the Affiliate Agreement that Uk Soft Ltd, in its sole discretion, determines as harmful for its company or any other parties. After termination the Affiliate will be denied access to the Affiliate Dashboard and forfeit any possible or unpaid Affiliate Fees.
17.6 Relationship of Parties. Uk Soft Ltd and the Affiliate are independent contractors. The terms of this Affiliate Agreement will create any relationship of employment, partnership, representation agency, or joint venture between the two parties. The Affiliate is not authorized to make decisions on behalf of Uk Soft Ltd’s behalf.
17.7 Limitation of Liability. This Affiliate Program is offered as the “as it is” and “as accessible” basis. The use of this Affiliate Program is at the sole risk of the Affiliate. Uk Soft Ltd makes no representations or warranties, whether implied or expressed in relation to the Affiliate Program or any information or service offered via this Affiliate Program. Uk Soft Ltd is not accountable for any damage caused by injury, economic loss or damages that result from the use of the Affiliate Program. If any component that is part of an aspect of Affiliate Program cause harm or cause inconvenience for the Affiliate or any person claiming on behalf of the Affiliate and/or anyone claiming through the Affiliate Affiliate is responsible and bears the full cost. The Affiliate is responsible for defending and holding the harmless Uk Soft Ltd, its officers, directors employees agents, affiliates, and any third party of any loss, damage or liability, judgments, claims and fines, settlements as well as costs and costs (including reasonable legal fees, related expenses and costs of investigations) due to or in connection with the Affiliate’s operations or that of any third entity’s activities or usage or use of any aspect of or relating to the Affiliate Program.
17. 8 Modification. Uk Soft Ltd may, at its discretion, alter or amend the terms of this Affiliate Agreement at anytime, without or with notification. These modifications or changes will become applicable to all Affiliates following the posting of the amended Affiliate Agreement on this website site: http://www.Uk Soft Ltd. The Affiliate is accountable for reviewing it from time the present to make sure that their usage within the Affiliate Program is consistent with the terms of this Affiliate Agreement. If any change is unpalatable to the Affiliate The Affiliate’s sole remedy is to terminate the Affiliate Agreement. The continued participation of the Affiliate as a participant in the Affiliate Program will be deemed to be the binding acceptance of these modifications.
17.9 Miscellaneous. The Affiliate warrants and declares that it is above 19, and capable of entering into the Affiliate Agreement. The Affiliate guarantees and warrants that its conduct and participating as part of the Affiliate Program are in compliance with the applicable laws and regulations, rules, and the requirements of any the governing authority at all the time. Uk Soft Ltd reserves the option to terminate an affiliate’s involvement within the Affiliate Program in the event that Uk Soft Ltd determines, in its sole discretion that the Affiliate’s conduct or part within the Affiliate Program are in violation of any law, rule regulations, or regulations of any governmental authority. This Affiliate Agreement is the sole agreement of Uk Soft Ltd and the Affiliate. This Affiliate Agreement overrides any other agreements or contracts between the parties to it and neither of the parties shall be bound by any statement or representations not contained within this Agreement. These Terms are governed by and interpreted in accordance with the law that apply to England and Wales which courts be the sole jurisdiction.
18.1 The Customer is entitled to transfer the rights and rights arising from the contract for third-party use only with Seller’s prior written permission. Section 354a HGB remains unaffected. Section 354a of the HGB will not apply to consumers.
18.2 German law is the sole law to be applied, with the exception of that of UN Sales Law as well as the referral made by the private law of procedural and international. The choice of law will be applicable to consumers only to the extent that there is no greater protection is provided by the specific provisions in the laws of the country where the consumer is residing. their residence.
18.3 Place of the sole authority for any dispute arising out of or related to contracts governed by these GTC is the headquarter of the Seller, the Seller having the right to bring claims against the customer in any jurisdiction that is permitted by law. This regulation is not applicable to consumers.
18.4 The EU Commission offers a platform to online dispute resolution via the Internet by using the following URL:
https://ec.europa.eu/consumers/odr. This platform acts as an out-of-court contact point for resolution of disputes that arise from the purchase of goods or services online where a consumer is in the process. The Seller will not be bound but may be a part of disputes resolution procedures before a body for consumer conciliation. It will not affect however, the rest of the provisions of this clause. 17.