1. Basic provisions
1.1. Tech Solutions Supplies, services and offers. transactions with livecards.co.uk (hereinafter “Vendor”) take place exclusively on the basis of these General Terms and Conditions (hereinafter “GTC”). Therefore, they also apply to all future business relations, even if they have not been expressly agreed upon again. References by the buyer (hereinafter “customer”) to its general terms and conditions are contradicted.
1.2. These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). If the following conditions do not contain a separate note, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3. Additions or amendments to the conditions require the written confirmation of the transport company. The original of the purchase order determines the content of the agreement.
1.4. We may make changes to the design and form of the Goods, provided that such changes are not fundamental in nature and do not substantially limit the contractual purpose.
1.5 By placing the order in accordance with paragraph 2.2, the customer accepts these GTC.
2. Formation of the contract
2.1. The subject matter of the agreement is the sale of downloadable 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 associated licenses. By placing the respective downloadable product on our website, we make the customer a binding offer to enter into an agreement under the terms and conditions specified in the item description.
2.2. In the case of a contract for the supply of digital goods, in the case of a contract for the supply of software (hereinafter “software purchase”), the seller is obliged to permanently transfer the software specified in the license certificate in the object code. The seller is responsible for pointing out the possibility of downloading the software and providing a printed or downloadable version of the corresponding user documentation. Prior to full payment of the purchase price in accordance with paragraph 8, the delivered user documentation is subject to the seller's retention of title. For the nature of the software, the description of the respective product in the Seller's respective online shop or marketplace shall be decisive. Seller must also grant rights in accordance with Section 4.8.
2.3. The contract is concluded through the online shopping cart system: the customer places the selected products in the virtual shopping cart and carries out the electronic ordering process. By clicking on the button to complete the ordering process, the customer concludes a legally binding contract offer regarding the products in the shopping cart. The customer can also send the offer to the seller by e-mail.
2.4. The seller may accept the customer's offer within five days by asking the customer to pay after he places his order. This includes the selection of a payment method in the ordering process, by which payment is made before the ordered products are shipped. The period for acceptance of the offer begins 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 considered 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 necessary in connection with the conclusion of the contract is done via e-mail, as is the delivery of downloadable products. Therefore, the customer must ensure that the e-mail address provided to us is correct and that SPAM filters do not prevent the receipt of e-mails.
3. Right of Withdrawal
3.1. Consumers generally have the right of withdrawal.
3.2. You can find more information about the right of withdrawal in the seller's cancellation policy.
3.3. You have the right to revoke this agreement for life from the date the agreement was concluded, without giving reasons.
4. Warranty
4.1. Statutory warranty rights apply.
4.2. The customer is requested to check the integrity and visible defects of the item immediately after delivery and to report any complaints to us as soon as possible. If the customer does not comply with this, this does not affect his legal warranty claims.
4.3. With regard to the quality of the item, only our own information and the manufacturer's product description apply as agreed upon, but no other advertisements, public promotions and manufacturer's statements.
4.4. The warranty period is one year from the delivery of the goods. The shortened period does not apply:
- Damages unlawfully attributable to us as a result of injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a warranty for the condition of the item;
- in the event of any legal recourse you may have against us with respect to warranty rights.
4.5. If the customer refuses the seller's delivery for any reason other than a material defect that severely limits or makes it impossible to use, even though the seller has agreed to comply, the customer is in default of acceptance. Acceptance of delivery may not be refused for insignificant defects.
4.6. The warranty does not cover defects due to improper use, system components modified in violation of the contractual basis, use of inadequate organizational resources, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual conditions of use, or interventions in the system by customers or third parties. If the goods are used in combination with third-party devices, there is a warranty for functional defects and performance defects only if such defects also occur without such connection or if compatibility with these elements is part of the contractually agreed quality.
4.7. If a delivery is defective, the seller may choose to remedy the defect (rectification) or deliver a defect-free item (replacement delivery). In the latter case, the customer is obliged to return the defective merchandise at the seller's request in accordance with the legal provisions. If the customer is a consumer, the previous sentence applies with the understanding that the use may not be transferred or replaced for its value. The customer must give the seller time and opportunity for further performance, in particular for improvement.
5. Prices and terms of payment
5.1. Unless otherwise stated in the seller's product description, the prices listed are total prices including the statutory sales tax. 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 borne by the customer. These include, for example, bank transfer fees (e.g. transfer fees, exchange fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the 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 in the respective marketplace.
5.4. If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the agreement, unless the parties have agreed on a later due date.
5.5. In the event of payment by 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, 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 , under 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 defaults, we are entitled to charge interest at the rate charged by commercial banks for outstanding overdrafts, but at least 4% above the Bundesbank discount rate, plus applicable statutory VAT. Interest is payable immediately.
6. Delivery and shipping terms.
6.1. Digital content is made available to the customer in electronic form as a download by providing a download link. Product codes will be emailed to the customer.
7. Retention of title
7.1. We reserve ownership of the goods until all claims to which we are entitled from business relations with the customer have been paid in full.
7.2. The confirmation of retention of title does not constitute a withdrawal from the contract. However, we are entitled to dispose of the goods subject to retention of title by other means after a reasonable period of time and to deliver the same or equivalent goods to the customer upon full payment of the purchase price.
8. Final Provisions
8.1. The contractual partner is entitled to transfer rights and claims from the contractual relationship to third parties only with the prior written consent of the Seller. § 354a HGB remains unaffected; § 354a HGB does not apply to consumers.
8.2. With the beginning of the business relationship, customer data, which may also be personal data, is stored and, to the extent necessary for the execution of the order, processed and transmitted.
8.3. Only German law shall apply, excluding UN purchase law and references to international procedural and private law. For consumers, this choice of law shall only apply insofar as non-mandatory provisions of the law of the state in which the consumer has his or her habitual residence offer broader protection.
8.4. The exclusive place of jurisdiction for all disputes arising out of and related to the contracts to which these GTC apply is the registered office of the seller; however, the seller has the right to sue the customer in any place of jurisdiction permitted by law. This regulation does not apply to consumers
