General Terms and Conditions
General Terms and Conditions of myKey GmbH for the conclusion of contracts on www.myKey.shop
1. Scope (of application)
The following Terms and Conditions shall apply to all orders by consumers and entrepreneurs (COSTUMERS) via the online shop on www.myKey.shop.
A consumer is any natural person who concludes legal transactions, which cannot be qualified as and relate to either their commercial or self-employed professional activities. An entrepreneur is any natural or legal entity concluding legal transactions in the exercise of their commercial or self-employed professional activities.
These Terms and Conditions shall also apply to entrepreneurs and their future business relationships without myKey GmbH (myKey) having to refer to those again. Any contrary or additional terms and conditions of the entrepreneur are hereby explicitly objected and shall only apply if myKey agrees explicitly.
2. Contracting parties, conclusion of contract
The contract is concluded between myKey and the CUSTOMER. By placing products in the online shop, myKey submits a binding offer for concluding a contract in relation to these. The CUSTOMER first may add the products to the cart without obligation and can correct the choice, using the correction aids explained in the order process, before placing a binding order. The contract shall be concluded when the CUSTOMER accepts the offer regarding the items placed in the cart by clicking the order button. Directly after sending the order, the CUSTOMER receives a purchase confirmation by e-mail. As to the use of necessary data for any purchase transaction the data protection guidelines of myKey shall apply.
3. Contract language, storing of contract text
The conclusion of contract is available in the languages of German, English, French, Spanish, Italian and Romanian. myKey does not store the respective contract text.
4. Terms of Delivery
After payment the respective product key and a link to download are provided to the CUSTOMER via e-mail. There is no physical delivery of the product keys by default except for specifically marked products and offers and if the CUSTOMER selects the paid option. If not selected during the ordering process, myKey securely stores the respective certificates in escrow for the CUSTOMER and will only hand them out if required.
4.2. Volume licenses
After payment the respective product key and a link to download are provided to the CUSTOMER via e-mail. In case of a software audit by the software producer myKey will provide the CUSTOMER with the required legitimation documents.
After payment the ordered items will be send to the CUSTOMER in accordance to myKey’s Terms of Delivery.
The following payment options are available in the online shop:
5.1. Payment by credit card
By placing an order the CUSTOMER transmits their credit card data. After verifying the CUSTOMER as the legitimate cardholder myKey requests the credit card company to execute the payment transaction directly. The credit card company then will automatically debit the CUSTOMER’S credit card.
During the ordering process the CUSTOMER will be forwarded to the website of the payment provider PayPal. The CUSTOMER has to be registered or to register first, authorize themselves with their login data, and confirm the payment order to myKey in order to pay the invoice amount via PayPal. After confirming the order in the online shop myKey requests PayPal to execute the payment transaction. As to that the CUSTOMER gets further information during the ordering process. Afterwards PayPal automatically executes the respective payment transaction.
5.3. Instant bank transfer
After placing the order, the CUSTOMER will be forwarded to the website of the online payment provider Klarna. The CUSTOMER must have an activated online bank account with PIN and TAN, authorize accordingly and confirm the payment order to myKey in order to pay the invoice amount via Klarna. The CUSTOMER gets further information during the ordering process. Afterwards Klarna immediately executes the payment transaction and the account of the CUSTOMER will be debited accordingly.
5.4. Advance payment
If choosing advance payment the CUSTOMER receives the necessary bank and payment details after ordering on the website. The delivery of the item will be carried out immediately upon receipt of the payment.
6. Warranty and guarantee
Unless hereinafter expressly agreed otherwise, the statutory warranty rights apply. For used goods purchased by consumers a limited period of warranty claims of one year from the date of delivery of the ordered items shall apply. For CUSTOMERS who are entrepreneurs the purchase is regarded as agreed upon to the exclusion of any warranty claims.
No warranty is given for the server links of third parties provided by myKey. This especially applies if servers are temporarily unavailable or their functionality is limited.
Regarding the quality of the products only the specifications of myKey and the product description of the producer included in the contract apply to CUSTOMERS; myKey does not assume liability for public statements or other advertising announcements made by the producer.
If the product is defective, myKey guarantees remedy of defects (subsequent improvement) or a delivery of a good free from defects (compensation delivery).
The aforementioned limitations and reduction of time limits shall not apply to claims due to damage caused by myKey, their legal representatives or agents
in the event of injury of life, body or health
in the event of intentional or grossly negligent violation of obligation and fraudulent intent
in the event of breach of major contractual obligations, whose execution enables the proper performance of the contract and in whose compliance the contracting party may rely on (cardinal duty)
in relation to promise of guarantee, to the extent it is agreed
to the extent the Product Liability Acts applies.
Information on additional warranties and the exact conditions can be found with the item and on special information pages in the online shop.
Customer service: see contact
For claims due to damage caused by myKey, their legal representatives or agents, myKey is liable without limitation
in the event of injury of life, body or health
in the event of intentional or grossly negligent violation of obligation
in relation to promise of guarantee, to the extent it is agreed to the extent the Product Liability Acts applies.
In relation to breach of major contractual obligations whose execution enables the proper performance of the contract and in whose compliance the contracting party may rely on (cardinal duty), damage based on slight negligence by myKey, their legal representatives or agents, the liability is limited to the damage that can be foreseen at the time of the conclusion of contract, and which can typically be expected. Any further claims are excluded.
8. Dispute resolution for consumers
The European Commission offers a site where consumers can resolve disputes online. The Online Dispute Resolution can be found under http://ec.europa.eu/consumers/odr/.
myKey is willing to participate in dispute arbitration proceedings with consumers. The responsible arbitration board for Austria is Stelle zur Schlichtung für Verbrauchergeschäfte at Mariahilfer Straße 103/1/18, A-1060 Vienna, www.verbraucherschlichtung.at
9. Final provisions / applying language version
The Austrian law shall apply to all conclusions of contract with exclusion of the UN Sales Conventions.
myKey offers different language versions of the Terms and Conditions to its CUSTOMERS. In case of deviations or in any other case of doubts between the German and English versions on the one hand and the French, Spanish, Italian and Romanian versions on the other hand the German and English versions shall prevail.
If the CONSUMER is entrepreneur in terms of the applicable national corporate law, the place of jurisdiction for all disputes arising from the contractual relationship as well as over its development and effectiveness is the court in myKey’s place of business which has jurisdiction in rem. The same applies to legal entities under public law and separate funds under public law.
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Effective February 7th, 2020