Terms & Conditions

1. Scope of Application and Definitions

1.1 Scope of Application

These General Terms and Conditions (hereinafter "T&Cs") of SC Euro Clothing SRL, Str. Primăverii 55, 507190 Sat. Sânpetru, Brașov, Romania (hereinafter "Seller"), apply to all contracts concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the online shop softwarebay.de.

Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their application in writing.

1.2 Definitions

A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity (§ 13 BGB).

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

This distinction is relevant for specific statutory consumer protection provisions, in particular with regard to the right of withdrawal and warranty rights.

2. Subject Matter of the Contract

The subject matter of the contract is exclusively the sale of digital products, in particular:

• Software licences and product keys
• Activation codes and download authorisations
• OEM licences and volume licences (eligible for further licence-compliant use)
• Comparable digital content

The products offered may be new (unactivated product keys) or used (keys eligible for further licence-compliant use, e.g. OEM or volume licences). The respective product condition is stated on the product page and constitutes the agreed condition of the goods.

Physical data carriers or other tangible goods are not shipped.

3. Conclusion of Contract and Ordering Process

3.1 Non-binding Nature of Product Presentation

The products presented in the online shop do not constitute a legally binding offer, but a non-binding invitation to the Customer to submit a purchase offer. Errors and technical changes by manufacturers are reserved.

3.2 Ordering Steps

The ordering process in the online shop comprises the following steps:

1. Selection of the desired product and placement in the shopping cart.
2. Opening the shopping cart and reviewing the selected products.
3. Entering the billing address and selecting the desired payment method.
4. Reviewing all order details on the order summary page; corrections are possible up to this point.
5. Binding submission of the purchase offer by clicking the order button ("Buy now" / "Order with obligation to pay").

By submitting the order, the Customer declares that they have read, understood and accepted the T&Cs applicable at the time of the order.

3.3 Acceptance of the Offer by the Seller

The Seller accepts the Customer's offer within five working days, either by:

• Sending an order confirmation by e-mail, or
• Providing the digital product (transmitting the product key, download link, etc.).

The earlier of the two events is decisive. If the deadline passes without express acceptance, the offer is deemed rejected; the Customer is no longer bound.

4. Contract Language, Storage and Correction of Input Errors

4.1 Contract Language

The languages available for concluding the contract are German, English and Romanian. The language version in which the order is placed is authoritative for the content of the contract. Further language versions serve the purpose of customer information only.

4.2 Storage of Contract Text

The contract text is stored by the Seller. The order data and these T&Cs are made available to the Customer during the ordering process and are transmitted by e-mail after conclusion of the contract. Where a customer account exists, order data can be accessed there at any time.

4.3 Correction of Input Errors

The Customer may correct their entries at any time during the entire ordering process using the browser's back button or the editing functions integrated in the shop, before the order is bindingly submitted. A thorough review of all details is possible on the final order summary page.

5. Prices, VAT and Payment Terms

5.1 Prices and VAT

All prices stated in the shop are final prices in Euro (EUR) and include the applicable statutory value added tax. Any additional costs (e.g. foreign currency conversion fees of the card provider) shall be borne by the Customer.

5.2 Payment Methods

The following payment methods are available:

• Credit card (Visa, Mastercard, American Express) via Stripe – charge made immediately upon completion of the order.
• Bank transfer / advance payment – Banking details are communicated by e-mail after order completion. The product is provided after receipt of payment (typically 1–2 working days after transfer). Reference: order number.
• Invoice – exclusively for business customers, government bodies, associations and organisations after manual verification; payment due within 14 days net.

All payments are processed via secure, SSL-encrypted connections. The Seller does not store payment card data. In case of suspicious transactions, the Seller reserves the right to review or refuse the order.

5.3 Due Date and Default in Payment

The purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.

If the Customer defaults on payment, the Seller is entitled to charge default interest at the statutory rate: 5 percentage points above the base rate for consumers, and 9 percentage points above the base rate for entrepreneurs (§ 288 BGB). The right to claim further damages resulting from default is reserved.

6. Delivery of Digital Products

6.1 Delivery Method and Delivery Time

Delivery is exclusively digital – by e-mail to the address provided at the time of order, in the customer account, or via the guest portal (accessible with order number and e-mail address).

Delivery takes place as a rule within 0 to 1 working day after confirmed receipt of payment – for all destination countries worldwide. Deviating information on the product page takes precedence.

6.2 Manual Security Review

In individual cases, an internal security review may be required (e.g. in the case of unusual ordering patterns or suspicious transactions). This review may take up to 24 hours. The Customer will be informed of the order status by e-mail in such cases. If delivery is delayed beyond 24 hours, the Customer has the right to contact support.

6.3 E-Mail Communication and Spam Filters

The entire order processing, including delivery and confirmation, takes place by e-mail. The Customer must ensure that the e-mail address provided is correct and that e-mails from the Seller can be received. It is recommended to check spam and junk folders, as automated order confirmations may occasionally be held back by spam filters. The Seller accepts no liability for delivery issues caused by spam filters.

6.4 Regional Restrictions

Some digital products may be subject to regional, linguistic, technical or account-related restrictions. The information on the respective product page is authoritative. The Customer is obliged to check these before purchase.

7. Right of Withdrawal

7.1 General

Consumers are generally entitled to a statutory right of withdrawal of 14 days. In addition, the Seller voluntarily grants a 30-day return option for eligible, unredeemed digital products. Details are set out in the separate Withdrawal Policy.

7.2 Expiry of the Right of Withdrawal for Digital Content

For digital content not supplied on a tangible medium, the statutory right of withdrawal expires prematurely if the Customer has expressly agreed that the Seller begins performance before the expiry of the withdrawal period, and the Customer has confirmed that they thereby lose their right of withdrawal once performance has begun (§ 356 para. 5 BGB).

Performance begins with the provision of the product key, download link or other access to the digital content.

7.3 Exclusion of the Voluntary 30-Day Return

The voluntary return is excluded if:

• the product key has already been redeemed, activated, registered or otherwise used,
• installation or activation instructions were not followed and the issue is attributable to this,
• a compatibility issue exists that was not caused by the Seller,
• the product was accidentally purchased twice and is properly usable, or
• there is no actual defect or incorrect delivery.

Returns are free of charge by e-mail to support@softwarebay.de. No shipping costs or restocking fees apply. Approved refunds are processed within 3 working days using the same payment method as the original transaction.

8. Rights of Use for Digital Content

The Customer is granted a non-exclusive, unlimited right of use in the purchased digital content solely for personal or business own use, within the scope of the product description and the applicable licence terms of the manufacturer.

Transfer to third parties, reproduction, public communication or commercial use beyond the licence terms is prohibited unless permitted by law.

The right of use does not come into effect until full payment of the purchase price has been received. If payment is not made or is reversed, the Seller is entitled to block access to the digital content.

9. Rights of Use for Product Keys

A product key (licence key, activation code, serial code) is a technical means that enables access to the software. By purchasing it, the Customer obtains the right to use the respective software within the scope of the licence terms set by the manufacturer.

The product key does not represent an independent licence from the Seller. The intellectual property in the software remains with the respective manufacturer. The Seller accepts no liability for the continued availability, future updates or functionality of the software, to the extent that these are provided by the manufacturer.

The scope of use (number of devices, installations, upgrade entitlement, etc.) is governed exclusively by the licence terms of the respective manufacturer. The Customer is obliged to review these before purchase.

Use of the product key is only permitted after full payment. If payment is not made or is reversed, the Seller is entitled to deactivate or reclaim the product key.

10. Customer Obligations

Prior to purchase, the Customer is obliged to verify the compatibility of the desired product with their operating system, device, region and the intended activation platform. The information on the respective product page is authoritative.

Installation, activation and usage instructions of the manufacturer must be strictly observed. If the Customer fails to carry out this check or disregards the instructions, no warranty or return claims against the Seller can be derived from this.

The Customer is responsible for ensuring that the e-mail address provided is correct and that e-mails from the Seller can be received (check spam filters regularly).

11. Warranty Rights

Statutory warranty rights apply. For new digital products not supplied on a tangible medium, the warranty period is two years from the date of provision of the digital content.

For used digital products (e.g. OEM licences, volume licences), the warranty period is limited to one year from the date of provision in relation to entrepreneurs. In relation to consumers, the statutory minimum warranty period always applies.

Identifiable issues – in particular defective, already redeemed or non-activatable product keys – must be reported to the Seller without delay, with the order number, product name and a precise description of the problem: support@softwarebay.de.

No warranty claim exists if the defect is attributable to a breach of the Customer's obligations under § 10, in particular in the case of compatibility issues or improper use not caused by the Seller.

12. Liability

We are liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health.

In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the foreseeable damage typical for contracts of this type.

Any further liability – in particular for damage caused by improper use, lack of compatibility or failure to observe manufacturer's instructions – is excluded to the extent permitted by law.

13. Data Protection

The collection and processing of the Customer's personal data is carried out in accordance with our Privacy Policy, which forms an integral part of these T&Cs. The Privacy Policy contains information on the type, scope and purpose of data processing as well as the Customer's rights under the GDPR.

14. Applicable Law

The law of Romania applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, the mandatory consumer protection provisions of the country in which the consumer is habitually resident remain unaffected.

15. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

In the event of a dispute, the Customer may pursue their claim through the ordinary courts.

16. Electronic Withdrawal Function from 19 June 2026

To the extent required by law, we will provide consumers with an additional electronic withdrawal function on our website from 19 June 2026. Consumers may use this to declare their withdrawal directly and on a durable medium. An acknowledgement of receipt will be sent immediately by e-mail.

The applicable legal provisions at the time of withdrawal and the notices in our Withdrawal Policy shall be authoritative.