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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.digitalproductkey.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granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.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 licence conditions of the holder of rights for whose software a licence 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.
The seller offers his customers the sale of software licenses in his online shop https://digitalproductkey.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:
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.
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.
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.
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.