Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the softwareswifters.com website (the “Service”) operated by SoftwareSwifters Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Scope

1.1 These General Terms & Conditions SoftwareSwifters Ltd shall apply to all contracts of the Seller and a contracting partner (hereinafter “Customer”) on the sale, delivery, and temporary provision of digital contents, digital goods, and non-digital goods (hereinafter collectively also “Goods”). To the extent that the Seller also offers services, the Seller shall render them exclusively as ancillary services to the aforementioned purchase contracts. Deviating, conflicting, or complementing General Terms & Provisions of the Customer shall become part of a contract only if and to the extent that the Seller expressly consents to their application. A tacit recognition of General Terms & Conditions of the Customer by the Seller by conclusive behavior shall be excluded. Such consent requirement shall apply in any case, including, for example, if the Seller unconditionally renders services towards the Customer while being aware of the Customer’s General Terms & Conditions.

1.2 These GTC shall apply to both consumers and entrepreneurs. Unless the GTC below contain separate notes, any and all terms shall equally apply to contracts with entrepreneurs and consumers. Where individual terms do not apply to consumers at all or only in modified form, this shall be expressly mentioned.

1.3 These terms shall also apply to future contractual relationships between the Customer and the Seller where the Customer is an entrepreneur.

1.4 Digital contents in this context shall be all digital services, except for digital Goods, any digitally existing access codes, product keys, or other digitally existing information.

1.5 Digital Goods in this context shall be any software not existing on a physical data carrier that is provided by the Seller for downloading, where appropriate with certain rights of use being granted under cl. 5 and 6.

1.6 Non-digital Goods in this context shall be any software existing on a physical data carrier that is distributed in physical form by the Seller, where appropriate with certain rights of use being granted under cl. 5 and 6, as well as other physical products.

1.7 The Seller operates an online shop via an own website (hereinafter “Online Shop”). In addition, the Seller also sells products via various marketplaces, such as eBay, Amazon, and other third-party platforms (hereinafter individually “Marketplace” and collectively “Marketplaces”).

1.8 By sending the purchase order under cl. 2.2, the Customer shall agree with these GTC.

2. Contract Conclusion

2.1 The contract conclusion with regard to a purchase via the Seller’s Online Shop shall not yet materialize with the Customer placing the purchase order. The Customer’s purchase order shall rather be the submission of an offer for contract conclusion. The prices, price quotes, and descriptions of Goods or other services specified and mentioned in the Seller’s Online Shop shall not be an offer.

2.2 The contract conclusion for a purchase via one of the Marketplaces shall materialize with the Customer placing the purchase order.

2.3 Before bindingly placing the purchase order, the Customer may detect possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors in this context may be the zoom function of the browser which allows enlarging the display on the screen. The Customer may correct their entries during the electronic order process via the usual keyboard and mouse functions until clicking on the button completing the order process.

2.4 The order confirmation for a purchase via the Online Shop shall not constitute acceptance of the purchase offer by the Seller. In this case, a contract between the Seller and the Customer shall materialize only by another action of the Seller under cl. 2.5.

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

1. a) Personally delivering or having a trading partner (e.g. Amazon EU S.à.r.l.) deliver the ordered Goods to the Customer, with receipt of the Goods by the Customer prevailing, or
2. b) Requesting payment from the Customer by separate communication after submission of the Customer’s purchase order. This shall also include the selection of a payment method in the order process by which the ordered Goods shall be paid before shipping.

If several of the aforementioned alternatives exist, the contract shall be concluded upon occurrence of the first of these alternatives.

2.6 The deadline for accepting the offer under cl. 2.5 shall start on the day after the Customer sends the offer and shall end with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned deadline, the offer shall be deemed rejected, with the Customer no longer being bound to the Customer’s declaration of intent.

2.7 The contract may be concluded only in the English language.

2.8 If the Customer indicates an email address for contract handling, the Customer must ensure that the emails sent by the Seller can be received under such address. When using spam filters, the Customer must ensure, in particular, that these are configured properly so that the emails sent by the Seller or by third parties engaged by the Seller for order handling can be delivered.

3. Subject of the Contract

3.1 The Seller shall provide the Customer with Goods. The Seller shall render services only as ancillary services to contracts on the delivery of Goods. The agreed nature of the service shall prevail. When rendering services, the Seller shall make use, at its option, of its employees, subcontractors, or other agents.

3.2 For a contract on the delivery of non-digital Goods, the Seller’s service shall be based on the description indicated in the Seller’s Online Shop or respective Marketplace. Reference is made to the regulations on the retention of title under cl. 10. For a contract on the delivery of software (hereinafter “Software Purchase”), the Seller shall owe the permanent transfer of the software specified in the license certificate. The Seller shall owe the transfer of one item of the software on a suitable data carrier, such as a CD-ROM, Blu-ray disc, or USB stick, as well as the transfer of a printed or downloadable version of the associated user documentation. Before the purchase price is paid in full under cl. 8, any and all data carriers as well as the user documentation handed over shall be subject to the Seller’s retention of title. The respective product description in the Seller’s Online Shop or respective Marketplace shall prevail for the nature of the software. The Seller shall further owe the granting of rights under cl. 4.

3.3 For a contract on the delivery of digital Goods, the Seller shall owe:

4. a) For a contract on the delivery of software (hereinafter “Software Purchase”), the permanent transfer of the software specified in the license certificate in object code. The Seller shall owe the demonstration of a possibility for downloading the software as well as the transfer of a printed or downloadable version of the associated user documentation. Before the purchase price is paid in full under cl. 8, the user documentation handed over shall be subject to the Seller’s retention of title. The respective product description in the Seller’s Online Shop or respective Marketplace shall define the condition of the software. The Seller shall further owe the granting of rights under cl. 4.
5. b) For a contract on the temporary provision of software (hereinafter “Software Leasing”), the temporary provision of the software specified in the license certificate in object code. The Seller shall owe the demonstration of a possibility for downloading the software as well as the transfer of a printed or downloadable version of the associated user documentation. Before the purchase price is paid in full under cl. 8, the user documentation handed over shall be subject to the Seller’s retention of title. The respective product description in the Seller’s Online Shop or respective Marketplace shall define the condition of the software. The Seller shall further owe the granting of rights under cl. 5.

3.4 For a contract on the delivery of digital content, the Seller shall owe the provision of the digital content. The use of the digital content sent to the Customer shall be subject to the provisions of the relevant provider’s respective terms of use applicable to the use. The use of the digital content shall be subject to the condition precedent of the full purchase price payment under cl. 8. The Seller may also provisionally permit use before such date.

3.5 The Seller shall owe services exclusively as contractual or post-contractual ancillary services to the aforementioned primary obligations and only upon separate consultation with the Customer.

3.6 The delivery of the respective contract object shall be governed by cl. 9.

3.7 If the Seller is prevented or completely excluded from performing its contractual services since employees, documents, data, or devices of the Customer are not available in a reasonable or only in an unsatisfactory manner or the Customer fails to meet the Customer’s duty of cooperation, including compliance with dates, by willful intent or negligence, the Seller shall be entitled to charge the resulting additional expenditure to the Customer.

3.8 If the Customer is an entrepreneur, timely and correct self-delivery shall remain reserved if the Seller is not responsible for any untimely and incorrect self-delivery.

4. Granting of Rights for a Contract on the Delivery of Software

4.1 This cl. 4 shall exclusively apply to contracts on the purchase of software under cl. 3.2 as well as 3.3 a).

4.2 Upon full payment of the purchase price under cl.

8, the Customer shall obtain a non-exclusive, permanent right to use the Goods to the extent granted in the contract. The Seller may also provisionally permit use of the Goods before such date. The Goods may only be used simultaneously by the maximum number of natural persons that equals the Goods acquired by the Customer. The permissible use shall comprise the installation of the software, the loading into the RAM as well as the authorized use by the Customer. The Customer shall have no right to lease or sub-license, publicly reproduce or make publicly available by wire or wireless means the acquired Goods or to provide them to third parties free of charge or against a fee. Cl. 4.5 shall remain unaffected.

4.3 The Customer shall be entitled to create a backup copy of the software if this is necessary to ensure future use.

4.4 The Customer shall be entitled to decompile or reproduce the software only to the extent that this is provided for by law. This shall apply only under the condition, however, that upon request the Seller failed to provide the Customer with the information required to that end within a reasonable period of time.

4.5 The Customer shall be entitled to permanently transfer the acquired copy of the software to a third party including handing over the documentation. In this case, the Customer shall completely cease using the software, shall remove any and all installed copies of the software from the Customer’s computers and shall delete or hand over to the Seller any and all copies existing on other data carriers, unless the Customer is bound by law to a longer storage. At the Seller’s request, the Customer shall confirm full implementation of the aforementioned measures to the Seller in writing or, where appropriate, shall state the reasons for any longer retention to the Seller. Furthermore, the Customer shall expressly agree with the third party compliance with the scope of the granted rights under this cl. 4. Any splitting of acquired volume packages shall not be permissible.

4.6 If the Customer uses the software to any extent exceeding the right of use acquired with the Goods in terms of quality (regarding the type of permitted use) or quantity (regarding the number of users), the Customer shall without undue delay acquire the further Goods required for a permitted use. Otherwise, the Seller will assert the rights entitled to the Seller.

4.7 Copyright notices, serial numbers as well as other features serving program identification must be neither removed from the software nor altered.

5. Granting of Rights for Contract on the Temporary Provision of Software

5.1 This cl. 5 shall exclusively apply to contracts on the temporary provision of software under cl. 3.3 b).

5.2 Upon full payment of the purchase price under cl. 8, the Customer shall obtain the non-exclusive, non-transferable, and non-sub-licensable right to use the Goods temporarily during the term of the contract to the extent granted in the contract and the license certificate. The Seller may also provisionally permit use of the Goods before such date. The duration of the temporary term of the contract shall be governed by the respective details in the Seller’s Online Shop or respective Marketplace or the selection to be made by the Customer for the term prior to the conclusion of the contract. The permissible use shall comprise the installation of the software, the loading into the RAM as well as the authorized use by the Customer. The Customer shall have no right to lease or sub-license, publicly reproduce or make publicly available by wire or wireless means the acquired Goods or to provide them to third parties free of charge or against a fee.

5.3 The Customer shall be entitled to create a backup copy of the software if this is necessary to ensure future use.

5.4 The Customer shall be entitled to decompile or reproduce the software only to the extent that this is provided for by law. This shall apply only under the condition, however, that upon request the Seller failed to provide the Customer with the information required to that end within a reasonable period of time.

5.5 The Customer shall not be entitled to reproduce the software beyond the cases stated in cl. 5.1 to 5.3.

5.6 The Customer shall not be entitled to transfer to third parties any copy of the software provided to them or any copies created by them. In particular, the Customer shall not be permitted to resell, lend, lease, sub-license, publicly reproduce or make available the software.

5.7 If the Customer violates any of the above provisions, any and all rights of use granted hereunder shall become immediately ineffective and shall automatically fall back to the Seller. In this case, the Customer must completely cease using the software without undue delay, delete any and all software copies installed on their systems as well as delete or hand over to the Seller any created backup copy/copies.

6. Customer’s Obligations

6.1 Unless otherwise provided for in the contract, any license certificate or any user documentation, the Customer is obligated to take appropriate measures to secure the Goods against access by unauthorized third parties, especially to keep any and all copies of digital contents at a protected location.

6.2 The Customer must name a point of contact whose declarations, to the extent they serve contract handling, and actions shall be binding for the Customer. This regulation shall not apply to consumers.

6.3 The Customer must inform the Seller before and during the contract handling about all circumstances and processes relevant for the handling of a contract that are necessary and essential for the preparation and implementation of the contract. This regulation shall not apply to consumers.

6.4 The Customer shall be obligated to assist the Seller in the contract implementation to the best of the Customer’s knowledge and belief and to lay all foundations necessary for the proper contract implementation. The Customer undertakes, in particular, to provide the Seller with any document, data, and information in the necessary form that is required to meet contractual obligations. This shall also include that the Customer informs employees in due time about forthcoming deliveries or other service provisions of the Seller.

7. Right of Revocation

7.1 Consumers have a right of revocation.

7.2 Detailed information on the right of revocation follows from the Seller’s Revocation Instruction retrievable at https://keysforless.shop/returns-refund-policy/ or on the Seller’s respective Marketplace.

8. Prices and Payment Terms

8.1 Unless otherwise provided for in the Seller’s product description, the stated prices shall be total prices including the statutory VAT. Any additionally arising delivery and shipping costs shall be separately stated in the respective product description.

8.2 For deliveries to countries outside the European Union, further costs may arise in a given case for which the Seller shall not be responsible and which must be borne by the Customer. This shall include, e.g. costs for the money transfer by credit institutions (e.g. remittance fees, exchange rate fees) or import-law duties or taxes (e.g. customs). Such costs may arise in relation to the money transfer even if the delivery is not made to a country outside the European Union, but the Customer effects the payment from a country outside the European Union.

8.3 The payment option/s shall be communicated to the Customer in the Seller’s Online Shop or respective Marketplace.

8.4 If cash in advance via bank transfer has been agreed, the payment shall be due immediately after contract conclusion, unless the parties agreed any later due date.

8.5 For payment via one of the payment methods offered by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), the payment via PayPal shall be handled under application of the PayPal User Agreement, accessible at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, under application of the Terms for Payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE.

8.6 Where the “SOFORT transfer” payment method is selected, the payment shall be handled via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay an invoice amount via SOFORT transfer, the Customer must have an online banking account with PIN/TAN procedure activated for the participation in SOFORT transfer, accordingly legitimize in the payment process and confirm the payment order towards SOFORT. The payment transaction shall be implemented by SOFORT immediately thereafter by debiting the Customer’s bank account. The Customer may retrieve detailed information on the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

8.7 Where the purchase with invoice payment method is selected, the purchase price shall become due after the Goods were delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days from receipt of the invoice, unless agreed otherwise. The default regulation of section 286 (3) BGB shall remain unaffected. The Seller reserves the right to offer the purchase with invoice payment method only up to a certain order volume and to refuse such payment method if the indicated order volume is exceeded. In this case, the Seller shall point the Customer to a corresponding payment restriction in the Seller’s payment information in the Seller’s Online Shop or respective Marketplace.

8.8 Where the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after granting of a SEPA direct debit mandate, but not before expiry of the deadline for the advance information. For a purchase via a Marketplace of the Seller, the direct debit shall be collected upon submission of the purchase order. For a purchase via the Seller’s Online Shop, the direct debit shall be collected if the ordered Goods leave the Seller’s warehouse and a download link was communicated or a product key was sent to the Customer by email.