Terms and conditions

1. basic provisions

1.1 Deliveries, services and offers from Tech Solutions. Business with technikmarkt-aschaffenburg.de (hereinafter "Seller") are made exclusively on the basis of these terms and conditions (hereinafter "GTC"). They shall 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). Insofar as the following terms and conditions do not contain a separate reference, all terms and conditions apply equally to contracts with entrepreneurs and consumers.

1.3 Additions or amendments to the terms and conditions require written confirmation by the transport company. The original order is decisive for the content of the contract.

1.4 We are entitled to make changes to the design and shape of the goods, provided these changes are not of a fundamental nature and the purpose of the contract is not significantly restricted.

1.5 By placing an order in accordance with section 2.2, the customer accepts these GTC.

2. conclusion of the contract

2.1 The subject matter of the contract is the sale of download 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 submit a binding offer to the customer to conclude a contract under the conditions stated 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 object code in the case of a contract for the delivery of software (hereinafter: "software purchase"). The seller is obliged to point out the possibility of downloading the software and to provide a printed or downloadable version of the associated user documentation. The delivered user documentation is subject to the seller's retention of title until the purchase price has been paid in full in accordance with clause 8. The description of the respective product in the respective online store or marketplace of the seller is decisive for the quality of the software. The seller must also grant the rights in accordance with section 4.8.

2.3 The contract is concluded via the online shopping cart system: The customer places the selected products in the virtual shopping cart and completes the electronic ordering process. By clicking the button to complete the order process, the customer submits a legally binding contract offer for the goods contained in the shopping cart. The customer can also send the offer to the seller by e-mail.

2.4 The seller can accept the customer's offer within five days by asking the customer to pay after placing the order. This also includes the selection of a payment method in the ordering process where payment is made before the ordered products 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 after the offer is sent. 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 the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, as is the delivery of downloadable products. The customer must therefore ensure that the e-mail address provided by him is correct and that SPAM filters do not prevent the receipt of e-mails.

3. right of revocation

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.

3.3 You have the right to withdraw from this contract for life from the date of conclusion of the contract without giving reasons, but not before receipt of the goods and the withdrawal instructions in text form by e-mail.

4th guaranteen.

4.1 The statutory warranty rights shall apply.

4.2 The customer is requested to check the integrity and obvious defects of the goods immediately after delivery and to notify us of any complaints as soon as possible. If the customer fails to do so, this shall have no effect on his statutory warranty claims.

4.3 Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and manufacturer's specifications.

4.4 The warranty period is one year from delivery of the goods. The shortened period does not apply:

• damages attributable to us arising from injury to life, limb or health and other damages caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• in the case of statutory rights of recourse that you have against us in relation to warranty rights.

4.5 If the customer refuses the seller's delivery for any reason other than a material defect that significantly restricts or makes impossible the use of the goods, even though the seller has agreed to fulfill the contract, the customer shall be in default of acceptance. Acceptance of the delivery may not be refused due to insignificant defects.

4.6 The warranty does not extend to defects that are due to improper operation, system components modified contrary to the contract, use of unsuitable organizational means, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual operating conditions or interventions in the system by customers or third parties. If the goods are used in conjunction with third-party devices, a warranty for functional and performance defects shall only exist if such defects also occur without such a connection or if compatibility with these elements is part of the contractually agreed quality.

4.7 If a delivery is defective, the Seller may, at its discretion, remedy the defect (rectification) or deliver a defect-free item (replacement delivery). In the latter case, the customer is obliged to return the defective goods at the seller's request in accordance with the statutory provisions. If the customer is a consumer, the above sentence shall apply with the proviso that the benefits may not be transferred or replaced for their value. The customer must give the seller time and opportunity for subsequent performance, in particular for subsequent improvement.

• Granting of rights in a software supply agreement

4. Section 4.8. applies exclusively to contracts for the purchase of software in accordance with Section 2.2.
5. Upon full payment of the purchase price, the customer receives a non-exclusive and unlimited right to use the goods to the extent granted in the contract. The seller may provisionally authorize the use of the goods before this time. The goods may only be used simultaneously by a maximum number of natural persons corresponding to the goods purchased by the customer. Permitted use includes the installation of the software, loading into the working memory and the intended use by the customer. Under no circumstances is the customer entitled to rent out, sublicense, publicly reproduce, make accessible by cable or wirelessly or make available to third parties against payment or free of charge the purchased goods. Clause 4.9 c) remains unaffected by this.
6. The customer has the right to make a backup copy of the software if this is necessary to secure future use.
7. The customer has the right to permanently transfer the purchased copy of the software to a third party by handing over the documentation. In this case, you shall cease using the software completely, delete all installed copies of the software from your computers and delete all copies on other data carriers or hand them over to the seller, unless you are legally obliged to retain them for a longer period. At the Seller's request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full or, if applicable, explain the reasons for longer storage. In addition, the Customer shall expressly agree with the third party to observe the scope of the granting of rights in accordance with this Section 4.9. A division of purchased volume packages is not permitted.

5 Prices and terms of payment

5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the description of the respective product.

5.2 For shipments 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. These include, for example, the costs of money transfers by banks (e.g. transfer fees, foreign exchange fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the money transfer 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 seller's online store or on the respective marketplace.

5.4 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.

5.5 When paying with a payment method offered by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), the payment is processed via PayPal and is subject to PayPal's 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, the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.6 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 applicable statutory value added tax. The interest is due immediately.

6. delivery and shipping conditions

6.1 The digital content is made available to the customer in electronic form as a download by providing a download link. The product keys will be sent to the customer by e-mail.

7. reservation of title

7.1 We reserve title to the goods until full payment of all claims to which we are entitled from the business relationship with the customer.

7.2 The assertion of the retention of title does not constitute a withdrawal from the contract. However, we shall be entitled to dispose of the reserved goods elsewhere after a reasonable period of time and to deliver the same or equivalent goods to the customer after full payment of the purchase price.

8. final provisions

8.1 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.

8.2 Upon commencement of the business relationship, customer data, which may also be personal data, shall be stored and, to the extent necessary for the execution of the order, processed and transmitted.

8.3 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and references to international procedural and private law. For 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 further protection.

8.4 The exclusive place of jurisdiction for all disputes arising from and in connection with the contracts to which these GTC apply is the registered office of the seller; however, the seller has the right to sue the customer at any legally permissible place of jurisdiction. This provision does not apply to consumers