Terms and Conditions

Terms and Conditions

Table of Contents

1) Scope

1.1 These Terms and Conditions (hereinafter "T&C") of Kelly Burns, operating under "Licensed Software" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.

1.2 For contracts for the provision of license keys, these T&C apply accordingly, unless otherwise specified. The Seller owes the provision of a license key for the use of the digital content or digital services described by the Seller (hereinafter "digital products") and the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property in the digital product. The description of the digital product by the Seller is decisive for the quality of the digital product.

1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer, by clicking the button completing the ordering process, submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart.

2.3 The Seller can accept the Customer's offer within five days,

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal in the online order process, the Seller already declares the acceptance of the Customer's offer at the moment when the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax, or letter) after sending the Customer's order. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The English language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise concerning the transfer of money 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 Seller's online shop.

4.4 If a payment method offered via the payment service "Stripe" is selected, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be separately referred. Further information on Stripe is available on the Internet at https://stripe.com/de.

4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing by the Seller is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply concerning the costs for the return shipment if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person entitled to receive the goods upon delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 License keys are provided to the Customer as follows:

- by e-mail

6) Granting of Usage Rights for License Keys

6.1 The provided license key entitles the Customer to use the digital product visible from the respective product description of the Seller to the extent described therein.

6.2 If the license key relates to the one-time provision of digital content, the granting of rights becomes effective only when the Customer has paid the owed remuneration in full.

7) Retention of Title

If the Seller provides advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

8.2 The above-mentioned limitations of liability and shortening of the limitation period do not apply

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

8.4 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller accordingly. If the Customer does not comply, this has no effect on their statutory or contractual claims for defects.

9) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10) Warranty

All product licenses come with a one-month warranty. If a problem arises within this period, Licensed Software will replace the license key.