Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for License Keys
7. Retention of Title
8. Liability for Defects
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter “T&C”) of IT Solutions FZE (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller via the Seller’s online shop. Any terms and conditions of the Customer are hereby rejected unless otherwise agreed.

1.2 These T&C shall also apply accordingly to contracts for the provision of license keys unless otherwise expressly stipulated. In this context, the Seller owes the provision of a license key for using the digital content or digital services described by the Seller (hereinafter “digital products”) as well as the granting of the rights of use as agreed. The Customer does not acquire any intellectual property in the digital product. The product description of the Seller determines 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 acting in exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers 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. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending a written order confirmation or an order confirmation in text form (fax or email);
• delivering the ordered goods to the Customer;
• requesting payment from the Customer after their order has been submitted.

If several of the above alternatives apply, the contract is concluded when the first alternative occurs. The deadline for acceptance begins on the day after the Customer sends the offer and ends at the close of the fifth day following the offer. If the Seller does not accept the Customer’s offer within this period, the offer is considered rejected.

2.4 If the Customer chooses a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal user agreement (see paypal.com/de/webapps/mpp/ua/useragreement-full). If the Customer pays with a PayPal method, the Seller accepts the offer at the time the Customer clicks the button to finalize the order.

2.5 When an offer is submitted via the Seller’s online form, the text of the contract is saved by the Seller and sent to the Customer after submission in text form (e.g. email, fax, or letter). The text of the contract is not otherwise made accessible. If the Customer has created a user account, order data can be accessed via the account using login details.

2.6 Before submitting the binding order, the Customer can recognize possible input errors by carefully reading the displayed information. A technical means for better detection of input errors can be the browser’s zoom function. Inputs can be corrected at any time before submitting the order using standard keyboard and mouse functions.

2.7 The language available for contract conclusion is exclusively English.

2.8 Order processing and communication take place via email and automated systems. The Customer must ensure that the provided email address is correct and that emails from the Seller or their service providers can be received (e.g. no SPAM filters).

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 Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices include statutory VAT. Any additional delivery and shipping costs are listed separately.

4.2 Available payment methods are provided in the Seller’s online shop.

4.3 If payment is made via “Klarna”, it is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Details and Klarna’s terms are available at: klarna.com/de/agb/

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made to the address specified by the Customer, unless otherwise agreed. For PayPal payments, the PayPal address at the time of payment is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred. This does not apply if the Customer exercises the right of withdrawal. The return costs are subject to the Seller’s withdrawal policy.

5.3 If the Customer is an entrepreneur, the risk of accidental loss passes to the Customer once the Seller hands over the goods to the carrier. For consumers, the risk transfers upon receipt unless the Customer hired the carrier themselves.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper delivery by suppliers, provided the Seller is not at fault and has made a proper replacement purchase. The Customer will be informed and refunded promptly if the goods are unavailable.

5.5 Self-collection is not possible for logistical reasons.

5.6 License keys are provided as follows:

• by email
• by on-screen display

6) Granting of Usage Rights for License Keys

6.1 The license key entitles the Customer to use the digital product as described in the Seller’s product description.

6.2 If the license is for a one-time provision, usage rights are granted only after full payment has been received.

7) Retention of Title

If the Seller provides goods in advance, they retain ownership until the purchase price is fully paid.

8) Liability for Defects (Warranty)

8.1 Unless otherwise specified, statutory warranty rights apply.

8.2 If the Customer is an entrepreneur:

• the Seller decides the method of supplementary performance,
• the warranty period is one year for new goods from delivery,
• warranty rights for used goods are excluded,
• the limitation period does not restart with replacement delivery.

8.3 These limitations do not apply:

• for damages and reimbursement claims,
• if the Seller has fraudulently concealed the defect,
• for goods used in a building that caused its defectiveness,
• for updates to digital products with digital elements.

8.4 Entrepreneurs’ statutory rights of recourse remain unaffected.

8.5 Consumers are encouraged to report obvious shipping damage to the delivery service and inform the Seller, though failure to do so does not affect legal claims.

9) Alternative Dispute Resolution

The EU Commission provides an online dispute resolution platform at: ec.europa.eu/consumers/odr. This platform can be used to settle disputes from online purchase or service contracts involving consumers out of court.