Terms & Conditions

Table of Contents

• 1) Scope of Application
• 2) Conclusion of Contract
• 3) Right of Withdrawal
• 4) Prices and Payment Terms
• 5) Delivery and Shipping Terms
• 6) Usage Rights for Digital Content
• 7) Usage Rights for Product Keys
• 8) Retention of Title
• 9) Defect Liability (Warranty)
• 10) Applicable Law
• 11) Alternative Dispute Resolution

1) Scope of Application

1.1 General Provisions

These General Terms and Conditions (hereinafter "T&C") of softwarebay.de (hereinafter "Seller") apply to all contracts concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the Seller's online shop. They regulate the conditions for the purchase of physical goods, digital products and license keys.

1.2 Application to Digital Content

The provisions of these T&C apply equally to the purchase of digital content unless expressly stated otherwise. Digital content includes software, e-books, music files, video or audio content that are not provided on physical data carriers but are transmitted electronically.

1.3 License Keys and Their Use

The T&C apply equally to contracts for the provision of license keys required for the activation or use of software. By purchasing a license key, the customer only acquires the right to use the respective software within the scope of the manufacturer's license terms.

2) Conclusion of Contract

2.1 Non-binding Product Presentations

The products presented in the Seller's online shop do not constitute binding offers. They serve rather as an invitation to the customer to submit a legally binding purchase offer.

2.2 Submission of an Offer by the Customer

The customer can submit an offer to purchase the goods or digital content displayed in the online shop by completing the online ordering process and clicking on the final order button.

3) Right of Withdrawal

Consumers have a 14-day right of withdrawal for physical products. For digital products, the right of withdrawal expires upon commencement of performance after the customer's express consent. Detailed information can be found on our Withdrawal Rights page.

4) Prices and Payment Terms

4.1 Prices and Currency Information

All prices stated in the online shop are final prices and include statutory VAT. Unless otherwise stated, prices are in Euro (EUR).

4.2 Payment Methods

The Seller offers various payment methods: advance payment by bank transfer, PayPal, credit card (Visa, Mastercard, American Express) and invoice purchase for registered customers.

5) Delivery and Shipping Terms

5.1 Delivery Areas and Shipping Methods

The Seller delivers goods to customers in Germany, Austria and Switzerland as well as to other countries if offered in the ordering process.

5.2 Digital Products

Digital products are delivered immediately after receipt of payment by email or via our customer portal (portal.softwarebay.de). In case of delays, delivery will be made within 24 hours.

6) Usage Rights for Digital Content

6.1 The customer receives a non-exclusive, unlimited usage right to digital content for personal use.

6.2 Transfer or reproduction outside of these T&C is not permitted.

6.3 Usage rights only become effective after full payment.

7) Usage Rights for Product Keys

7.1 The product key enables use of the software to the described extent but does not constitute a license.

7.2 Use is only permitted after full payment.

8) Retention of Title

Until full payment, the goods remain the property of the Seller.

9) Defect Liability (Warranty)

9.1 Statutory warranty rights apply.

9.2 For used goods, liability is limited to one year.

10) Applicable Law

German law applies. For consumers, the protection of mandatory provisions of their country of residence remains unaffected.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr

11.2 The Seller does not participate in dispute resolution proceedings before a consumer arbitration board.