General Terms and Conditions

Scope of application

  1. These General Terms and Conditions “GTC” apply to the business division of sixa GmbH, Hohlstrasse 176, 8004 Zurich, Switzerland (hereinafter “Company”). The Company owns and operates the platform “keyportal” and offers product keys for the activation of the respective computer programs. The licence is only formed by the respective installation and the subsequent acceptance of the terms of use, which regulate the right of use between you and the respective manufacturer.
  2. These terms and conditions apply to the above-mentioned areas as well as to the further services which the company provides directly and indirectly to the customer.
  3. The order is confirmed by the provider. The contract is concluded as soon as the order is received by the buyer.
  4. These GTC also apply to purchase contracts concluded by other means, e.g. by telephone, fax or letter. Customers will be informed in the order confirmation where they can download the GTC on the Internet.

Prices

  1. The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website “keyportal” or according to the separate price list of the Company shall apply. For the customer, the prices valid at the time of the conclusion of the purchase shall apply.
  2. Prices are quoted in CHF. Value added tax and processing are included.
  3. The conditions for promotions and discounts are available with the relevant information.

Liability and activation guarantee

  1. The key will be shipped within 24h, in most cases immediately after receipt of the order. If a key does not work, we will replace it immediately free of charge! (Activation with other/modified versions from the Internet/retail trade may fail under certain circumstances. This happens very rarely, but if it does, you will receive a new key immediately. So you have no risk).

Use

  1. The licence is intended for one-time activation on one computer. The period of use is unlimited as long as the product is used on the same device. If the computer is reformatted, re-installed or changes are made to the hardware, there is no longer any guarantee that the licence key will continue to work on the computer.

Download version

  1. The delivery is completed with the electronic transfer of the licence after purchase, there is no shipping by post. If you prefer a USB stick or DVD with the installation file, we will be happy to send it to you for an additional charge. With the USB stick and the DVD, all you have to do is double-click on the start or setup file and the installation will start automatically. Then simply enter the licence key when prompted and the installation will be fully automatic from the USB stick or DVD.

Payment

  1. The customer is obliged to pay the invoiced amount within 10 days of the invoice date. Unless he has already paid the amount during the order process via credit card, Paypal, TWINT or other payment systems.
  2. If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he/she will automatically be in default. From the time of default, the customer shall owe interest on arrears at the rate of 5%.
  3. The Company reserves the right to demand payment in advance at any time without giving reasons.
  4. Offsetting the invoiced amount against any claim the Client may have against the Company is not permitted.
  5. The Company shall have the right to refuse the provision of services, the delivery of the product or the granting of the licence in the event of default in payment.

Duties of the Company

  1. Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service.
  2. The majority of the Company’s services are provided online. For all other services the Company’s registered office shall be the place of performance unless otherwise agreed.

Obligations of the Client

  1. The client is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the safekeeping of his access data and passwords. The customer is responsible for the content of the recorded data and information.
  2. The Client is obliged to make all arrangements necessary for the provision of the service by the Company without delay. The Client shall make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing the Company with appropriate information and documentation.
  3. By accepting these GTC, the Client also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morality and the law.

Retention of title

  1. Title to the products shall remain with the Company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular neither sell nor rent or pledge them.

Warranty

  1. The Company shall endeavour to ensure good availability and shall take reasonable precautions to protect keyportal from interference by third parties.
  2. However, it cannot guarantee that keyportal and the services offered will function without interruption or malfunction, nor can it guarantee that the files are free of viruses. The company provides no guarantee for the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. It can also give no warranty for non-spamming, harmful software, spyware, hacking or phishing attacks and so on that impair the use of the service, damage the infrastructure (for example, terminal equipment, PC) of the customer or otherwise harm the customer. The Company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted or the work result of the Services. Any problem or defect must be reported to the Company immediately.

Liability

  1. Liability for any indirect damage and consequential damage is excluded in full.
  2. Liability for direct damages shall be limited to the amount of the service, product or licence purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

Intellectual property rights

  1. All rights to the products, services and any trademarks are vested in the Company or it is authorised to use them by the owner.
  2. Neither these General Terms and Conditions nor any individual agreements pertaining thereto involve the transfer of intellectual property rights, unless this is explicitly stated.
  3. In addition, any further use, publication and making accessible of information, images, texts or anything else which the customer receives in connection with these provisions is prohibited. Unless explicitly authorised by the Company.
  4. If the Customer uses content, texts or pictorial material in connection with the Company in which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.

Data Protection

  1. The Company may process and use the data recorded in connection with the conclusion of the contract for the purpose of fulfilling its obligations under the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes as well as pass them on to its partners for advertising purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
  2. Furthermore, the data protection regulations apply.

Changes

  1. These General Terms and Conditions may be amended by the Company at any time.
  2. The new version shall come into force by publication on the Company’s website.
  3. In principle, the version of the General Terms and Conditions in force at the time of the conclusion of the contract shall apply to the client. Unless the client has agreed to a newer version of the GTC.

Priority

  1. These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.

Severability clause

  1. Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.

Confidentiality

  1. Both parties undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.

Legal information

  1. We only offer product keys for the activation of the respective computer programmes. The licence is only formed by the respective installation and the subsequent acceptance of the terms of use, which regulate the right of use between you and the respective manufacturer. The principle of exhaustion applies. As a rule, the licence is “used up” as soon as it has been lawfully marketed for the first time. The present offer concerns software that was put on the market for unlimited use in the form of an activatable product key with the possibility of downloading the programme. Microsoft has received appropriate remuneration for this. The licence from Microsoft entitles you to download and use updates.
  2. With us, you can obtain used licences from volume licence agreements at particularly attractive prices, which are to be treated in the same way from a legal point of view as parts of volume licences when purchased for the first time. The splitting of volume licences for the purpose of separate resale is legal.

Applicable Law / Place of Jurisdiction

  1. These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.