1. Basic provisions
1.1. All transactions with livecards.co.uk (hereinafter referred to as the “Seller”) are made exclusively on the basis of these General Terms and Conditions (hereinafter referred to as the “GTC”). These GTC shall also apply to all future business relationships, even if they are not expressly agreed upon again. Any reference by the buyer (hereinafter referred to as the “Customer”) to its own terms and conditions is hereby expressly rejected.
1.2. These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Unless otherwise stated, all provisions apply equally to contracts with consumers and entrepreneurs.
1.3. Any additions to or modifications of these conditions require the written confirmation of the Seller. The original purchase order shall be decisive for the content of the contract.
1.4. The Seller reserves the right to make changes to the design and form of the goods, provided that such changes are not of a fundamental nature and do not materially impair the contractual purpose.
1.5. By placing the order in accordance with Section 2.2, the Customer accepts these GTC.
2. Conclusion of the contract
2.1. The subject of the contract is the sale of downloadable products (digital content not delivered on a physical data carrier, such as digitally available product keys, access codes, or other digital information), including associated licences. By placing the respective downloadable product on the Seller’s website, the Seller makes a binding offer to the Customer to conclude a contract under the conditions specified in the product description.
2.2. In the case of a contract for the delivery of digital goods, including software (hereinafter referred to as a “software purchase”), the Seller owes the permanent transfer of the software specified in the licence certificate in object code form. The Seller shall provide access to the software download and supply a printed or downloadable version of the associated user documentation. Until full payment of the purchase price in accordance with Section 8, the user documentation remains subject to the Seller’s retention of title. The description of the respective product in the Seller’s online shop or marketplace shall be decisive for the nature of the software. The Seller shall also grant rights pursuant to Section 4.8.
2.3. The contract is concluded via the online shopping cart system. The Customer places the selected products in the virtual shopping cart and completes the electronic ordering process. By clicking the button to complete the ordering process, the Customer submits a legally binding offer to conclude a contract regarding the products contained in the shopping cart. The Customer may also submit the offer to the Seller by email.
2.4. The Seller may accept the Customer’s offer within five days by requesting payment after the order has been placed. This includes the selection of a payment method during the ordering process through which payment is made before delivery. The acceptance period begins on the day following submission of the offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by it.
2.5. Order processing and the transmission of all information required in connection with the conclusion of the contract shall be carried out by email, as shall the delivery of downloadable products. The Customer must ensure that the email address provided is correct and that spam filters do not prevent receipt of emails.
3. Right of withdrawal
3.1. Consumers are generally entitled to a statutory right of withdrawal.
3.2. Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.
3.3. The Customer has the right to withdraw from this contract within the statutory withdrawal period without giving any reason.
4. Warranty
4.1. Statutory warranty rights apply.
4.2.The Customer is requested to inspect the goods for completeness and obvious defects immediately after delivery and to report any complaints without undue delay. Failure to do so shall not affect statutory warranty claims.
4.3. Only the Seller’s own information and the manufacturer’s product description shall be deemed agreed as to the quality of the goods, excluding any other advertisements, public promotions, or manufacturer statements.
4.4. The warranty period is one year from delivery of the goods. This limitation shall not apply in the event of:
- damage caused by culpable injury to life, body, or health;
- damage caused intentionally or by gross negligence;
- fraudulent concealment of a defect or the assumption of a guarantee;
- statutory rights of recourse.
4.5. If the Customer refuses acceptance of the Seller’s delivery for reasons other than a material defect that significantly restricts use or renders it impossible, the Customer shall be in default of acceptance. Acceptance may not be refused due to insignificant defects.
4.6. The warranty does not cover defects resulting from improper use, unauthorised system modifications, unsuitable organisational measures, use in an incompatible hardware or software environment, unusual operating conditions, or interventions by the Customer or third parties. If the goods are used in conjunction with third-party devices, warranty for functional or performance defects shall only apply if such defects also occur without such connection or if compatibility forms part of the agreed quality.
4.7. IIn the event of defective delivery, the Seller may choose between remedying the defect or delivering defect-free goods. In the case of replacement delivery, the Customer shall return the defective goods at the Seller’s request in accordance with statutory provisions. The Customer shall grant the Seller sufficient time and opportunity for subsequent performance.
Grant of rights in a software delivery contract
4.8. This section applies exclusively to software purchase contracts pursuant to Section 2.2. Upon full payment of the purchase price, the Customer shall receive a non-exclusive, unlimited right to use the software within the scope agreed. The Seller may provisionally permit use prior to full payment. The software may only be used simultaneously by the number of users corresponding to the purchased licences.
Permitted use includes installation, loading into main memory, and intended use. The Customer shall not rent, sublicense, publicly reproduce, or make the software available to third parties, whether for consideration or free of charge. The Customer may create a backup copy if necessary for future use.
The Customer may permanently transfer the software to a third party, provided that all use is discontinued and all copies are deleted or handed over, unless legal retention obligations apply. At the Seller’s request, the Customer shall confirm compliance in writing. Splitting volume licences is not permitted.
5. Prices and Payment Conditions
5.1. Unless otherwise stated, all prices include statutory VAT. Any additional delivery or shipping costs are specified separately in the product description.
5.2. For deliveries to countries outside the European Union, additional costs such as bank transfer fees, foreign exchange fees, customs duties, or taxes may arise and shall be borne by the Customer.
5.3. Available payment methods are communicated in the Seller’s online shop or marketplace.
5.4. Where advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract.
5.5.When paying using a payment method 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”), 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.5.6. In the event of default, statutory default interest shall apply.
6. Delivery and Shipping Conditions
6.1. Digital content is provided electronically by download link. Product keys are delivered by email.
7. Retention of Title
7.1. The Seller retains title to the goods until all claims arising from the business relationship have been settled in full.
7.2. Retention of title shall not constitute withdrawal from the contract.
8. Final Provisions
8.1. Assignment of rights and claims requires prior written consent of the Seller. § 354a HGB remains unaffected and does not apply to consumers.
8.2. Customer data shall be stored, processed, and transmitted insofar as necessary for order execution, in accordance with applicable data protection laws.
8.3. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory consumer protection provisions remain unaffected.
8.4. The place of jurisdiction shall be the Seller’s registered office, unless mandatory consumer protection laws provide otherwise.
