Relationship between Shop Win & Office and the Supplier
Please note that Pay Shield Ltd., located at Jhumat House, 160 London Road, Barking, Greater London, IG11 8BB, United Kingdom («Shop Win & Office»), does not sell digital content directly to customers and acts solely as an agent of («Win & Office»), located at («Wernher-Von-Braun-Straße 16, 63303 Dreieich, Germany») («Seller»), when entering into sales contracts with customers on behalf of the Seller. The acceptance of orders and the conclusion of sales contracts by Shop Win & Office only bind the Seller of the products. Shop Win & Office always acts in the interest of the Seller when entering into sales contracts. Any reference in these Terms and Conditions to the rights and obligations of Shop Win & Office in connection with sales contracts refers to the rights and obligations of the Seller, which Shop Win & Office may exercise for and on behalf of the latter.
1. Basic provisions
1.1. Deliveries, performances and offers Tech Solutions, operating under the commercial name Shop Win & Microsoft Office Keys (hereinafter the «Seller»), are governed exclusively by these General Terms of Sale (hereinafter the «GTC»).
They apply to all sales concluded by the Seller with its customers, whether present or future, even if these latter are not expressly confirmed.
Any contrary condition stated by the customer shall be non-opposable to the Seller, unless the latter expressly agrees in writing.
1.2. These GTC apply to both consumers that to Professionals, in the sense of the introductory articles of the Consumer Code and of Article 1110 of Civil Code.
Unless otherwise specified, all provisions apply equally to both categories of customers, without prejudice to the specific rights granted to consumers by French and European legislation.
1.3 Any modification or derogation from these conditions will only be valid after Written confirmation from the Seller. The order validated on the Seller's website constitutes the sales contract and determines its content.
1.4. The Seller reserves the right to make changes at any time. minor modifications at the time of presentation, the design or technical characteristics of the products, insofar as they do not affect the essential functionalities or the product’s compliance with its intended use.
1.5. By validating an order on the site in accordance with article 2.2, the customer acknowledges having read and accepted these GTC. accepted without reservation.
2. Formation of the contract
2.1. The object of the contract is the sale and supply of digital content (such as product keys, software licenses, access codes or any other information available in electronic form) that are not subject to physical delivery.
By making a downloadable product available on its website, the Seller presents the Client with an Sales offer subject to the conditions described in the product fiche.
2.2. In the event of a contract for the supply of software or a digital license (hereinafter «software purchase»), the Seller undertakes to allow the Customer to download the digital product and provide him with the corresponding user documentation in electronic form.
The Client obtains the use rights digital product after full payment of the agreed price.
The product description on the Seller's website determines the essential characteristics, compatibility, and functionality of the software.
2.3. The contract is concluded exclusively electronically.
The customer selects the desired products, adds them to their virtual shopping cart and validates their order after checking the contents.
Before the final validation, he has the option to correct any typing errors.
By clicking on the validation button that includes the mention «Order and pay», The Client formulates a Firm and final order, subject to a payment obligation.
2.4. The sale is deemed concluded upon the Client’s receipt of the the order confirmation email sent by the Seller, which summarizes the ordered products, the total price, the payment method and the general terms of sale.
This email serves as a receipt and confirmation of the contract on durable media within the meaning of Article L221-13 of the Consumer Code.
2.5. The delivery of downloadable products and the transmission of all information related to the order are carried out by Electronic route at the email address provided by the Client.
The Customer must ensure that this address is correct and that the receipt of the Seller’s messages is not blocked by an unwanted email filter.
2.6. By validating his order and requesting the immediate delivery of the digital content before the expiry of the withdrawal period, the Customer expressly consents to immediate execution of the contract and acknowledges that it loses their right of withdrawal from the beginning of the download or the activation of the license, in accordance with Article L221-28, 13° of the Consumer Code.
3. Right of withdrawal
3.1. In accordance with the articles L221-18 and following of the Consumer Code, The consumer customer has a period of fourteen (14) calendar days from the confirmation of the order to exercise the right of withdrawal, without having to justify their decision or bear any costs other than those provided for by law.
3.2. To exercise this right, the Customer may send the Seller an unambiguous statement expressing their intention to withdraw, by email or post, or use the Model form for withdrawal available on the «Cancellation Policy» page of the site.
3.3. In the event of a valid exercise of the right of withdrawal, the Seller will refund the Client the entire amount paid, including the standard delivery costs, within a period of fourteen (14) days starting from the receipt of the withdrawal notification, using the same payment method as that used for the initial transaction, unless otherwise agreed.
3.4. Exception – digital content :
In accordance with Article L221-28, Article 13 of the Consumer Code, The right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium when execution has begun after prior and express agreement from the consumer and renunciation of his right of withdrawal.
4. Warranty
4.1. Legal guarantee of conformity
The Seller is liable for the defects of conformity of the property or the digital content, in accordance with articles L217-3 to L217-20 of the Consumer Code.
The Client has a period of two (2) years from the delivery of the good or the provision of the digital content to act.
During this period, the Customer may obtain the product’s compliance, its repair, its replacement, or, failing that, a price reduction or the termination of the contract, in accordance with the law.
The legal guarantee of conformity applies Regardless of any commercial warranty possibly consented to.
4.2. Warranty against hidden defects
In accordance with the articles 1641 to 1649 of the Civil Code, The Customer also benefits from the warranty against hidden defects of the sold item.
He has a period of two (2) years from the discovery of the vice to exercise this right and can choose between the resolution of the sale or a price reduction.
4.3. Procedure and verification of products
The Customer is invited to check the apparent condition of the products upon receipt and to report any manifest non-conformity immediately.
The failure to notify immediately has no impact on his legal rights.
4.4. Warranty exclusions
Not covered by the warranty:
-
damages resulting from improper use, installation not in accordance with the instructions, unauthorized modification of the product, or external intervention;
-
defects resulting from a hardware or software environment that does not comply with the product specifications;
-
damages resulting from professional use of the product when it is intended for domestic use.
4.5. Digital products and licenses
In the event of the supply of content or digital software, the Seller grants the Client a personal, non-exclusive, non-transferable and unlimited right of use over time, in accordance with the contract concluded.
The Client is not authorized to reproduce, distribute, rent, lend, sub-license or make the software publicly accessible, whether for a fee or free of charge.
The Client is, however, authorized to keep a backup copy if this is necessary for future use.
Any final transfer to a third party must be accompanied by the removal of all copies retained, and the transferor must guarantee that the third party complies with the same conditions of use.
5. Price and payment terms
5.1. The prices indicated on the site are expressed in euros, All taxes included (TTC), including the VAT applicable in France at the rate in effect at the time of the order.
The possible delivery or shipping costs are specified separately before the order is validated.
5.2. For deliveries outside the European Union, customs duties, local taxes or additional bank fees may apply and remain the responsibility of the Client.
These fees depend on the local regulations of the destination country and are not the responsibility of the Seller.
5.3. The Accepted payment methods are clearly indicated on the site before the order is finalized.
Payment is due immediately upon the validation of the order, unless otherwise specified.
The Seller reserves the right to refuse any order or delivery in the event of the total or partial non-payment of a previous order.
5.4. In the event of Payment by bank transfer, The payment must be made upon conclusion of the contract, unless otherwise agreed by the parties.
5.5. In the event of payment via PayPal (Europe) S.à r.l. et Cie, S.C.A., The payment is processed according to the General terms of use of PayPal, Available on:
https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full
6. Conditions of shipment and delivery
6.1. The digital products ordered are delivered exclusively in electronic form.
Delivery is carried out by making a product available secure download link Communicate to the Client by e-mail at the address provided during the order.
6.2. In the event of a purchase Product key or digital license, This key is transmitted by e-mail after payment has been validated. The Customer is responsible for keeping this key and for the confidentiality of their credentials.
6.3. The provision of the digital content is deemed to have been completed at the time the download link or the activation key is made available from the Client, in accordance with the article L224-25-13 of the Consumer Code.
Upon the delivery of the goods, the Customer acknowledges that they have received the ordered item in full.
6.4. In the event of any problems accessing, downloading or receiving the link, the Customer must Inform without delay The Seller by email so that he/she can restore access or send back the necessary information.
7. Reserve of ownership
7.1. The Seller retains full ownership of the products sold, whether they are material or digital, until the actual and complete payment of the price is received by the Client.
Until the payment has been received in full, the Customer has only one option: Temporary and non-transferable right of use on the digital content or the license key provided.
7.2. In the event of non-payment in full or in part, the Seller reserves the right to Suspend access to the digital content or the activation key in question, without prejudice to any legal action for recovery.
Once the full payment is confirmed, full enjoyment of the usage rights is definitively acquired by the Client.
8. Final provisions
8.1. The Customer may not assign all or part of the rights and obligations resulting from this contract to a third party without the prior written consent of the Seller.
Any transfer made without this agreement will be deemed null and void, in accordance with the articles 1321 and following of the Civil Code.
8.2. The personal data collected during the placing of an order are processed by the Seller in accordance with the Regulation (EU) 2016/679 (GDPR) and of the Law on Information Technology and Liberties of January 6, 1978, as amended.
They are used solely for processing the order and, where appropriate, for managing the customer relationship.
The Client has at any time the right to access, rectify, oppose and delete their data, in accordance with the Privacy Policy Available on the Seller's website.
8.3. These General Conditions of Sale are exclusively subject to French law, excluding the Vienna Convention on the International Sale of Goods.
However, this choice of law does not deprive the consumer residing in another Member State of the European Union of the more protective mandatory provisions of its national law.
8.4. In the event of a dispute:
-
For the Consumer customers, the competence is assigned to courts in the consumer's place of residence, in accordance with Article R631-3 of the Consumer Code.
-
For the Professional clients, exclusive competence is assigned to courts of the registered office of the Seller.
The Seller and the Customer agree, before any legal action, to seek an amicable solution.
8.5. The Customer is informed that he can use free of charge a Consumer mediation service or at the European online dispute resolution platform (ODR) accessible at the following address:
👉 https://ec.europa.eu/consumers/odr
