General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions (hereinafter “GTC”) govern all business relationships between Kewee OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115 Estonia (hereinafter “Kewee OÜ” or “we”), and its customers (hereinafter “customer”).

Our company operates the Keywi24 platform and distributes product keys (“Keys”) for the activation of computer programs.

The right to use the respective software only arises through the installation and acceptance of the licence or terms of use of the software manufacturer.

These GTC apply to all offers, deliveries and services of Kewee OÜ – regardless of whether the contract is concluded via our website, by e-mail, by telephone or in any other way.

By completing an order, the customer confirms that they have read and accepted these GTC.

2. Prices

All prices are stated in Swiss francs (CHF) or euros (EUR) and, unless otherwise stated, are inclusive of value added tax and any processing fees.

The prices published on the Keywi24 website at the time the contract is concluded shall apply.

Promotions, discounts or special prices are in each case limited in time and bound to the communicated conditions.

We reserve the right to change prices at any time. However, price changes do not affect orders that have already been completed.

3. Delivery and Activation Guarantee

The delivery of the product key is generally made within 24 hours, often even immediately after receipt of the order.

Should a key not work, Kewee OÜ will replace it free of charge and without delay.

Please note that activation problems may occur due to unofficial or modified software versions. In this case you will of course likewise receive a replacement key – you therefore bear no risk.

4. Use of the Licence

Each licence is intended for one-time activation on one device.

The duration of use is unlimited as long as the software is used on the same computer.

After a reinstallation, formatting or in the case of substantial hardware changes, reactivation may under certain circumstances no longer work; no warranty can be assumed for this.

5. Download Version

Delivery takes place exclusively in digital form through electronic transmission of the licence key and, where applicable, the download link.

Physical shipping (e.g. by post) does not take place.

6. Payment

Payments can be made during the ordering process via the offered payment methods (e.g. credit card, PayPal, TWINT, instant bank transfer or other systems).

If an invoice is issued, the amount is to be settled within 10 days of the invoice date.

In the event of late payment, a reminder will be issued. If no payment is made within the set deadline, the customer is automatically in default.

From this point on, default interest of 5% p.a. shall accrue.

Kewee OÜ reserves the right to demand advance payments or to withhold deliveries in the event of late payment.

Any offsetting of the customer's own claims against claims of Kewee OÜ is excluded.

7. Obligations of Kewee OÜ

We fulfil our contractual obligations by rendering the agreed services in accordance with the order and the GTC.

A large part of our services is provided online.

For other services, the registered office of Kewee OÜ shall be deemed the place of performance, unless otherwise agreed.

8. Obligations of the Customer

The customer undertakes to use the provided licences only to the intended extent and to keep all access data secure.

The customer is responsible for the accuracy of the information provided when placing the order.

They also confirm that they are of legal age and have legal capacity.

The customer shall take all reasonable precautions to ensure that the service can be properly rendered – in particular by providing the necessary information and documents.

9. Retention of Title

Until full payment of the purchase price, the delivered product remains the property of Kewee OÜ.

Until then, the customer may neither sell, pledge nor rent out the products.

10. Warranty and Technical Availability

Kewee OÜ ensures a high availability of the Keywi24 website and takes appropriate security measures to protect the systems.

Nevertheless, no guarantee can be assumed for uninterrupted, error-free or virus-free operation.

Likewise, no liability is assumed for damage caused by unauthorised access, malware, phishing or similar events.

Should a problem or defect occur, the customer is obliged to inform us of this immediately so that we can quickly provide a remedy.

11. Liability

Any liability for indirect or consequential damage (e.g. lost profit, data loss, loss of use) is excluded.

For direct damage, Kewee OÜ is liable at most up to the amount of the price paid by the customer for the respective licence or service.

This limitation does not apply in the case of gross negligence or intent.

12. Copyright and Rights of Use

All rights to the offered products, contents and trademarks remain with Kewee OÜ or the respective rights holders.

Passing on, publishing or reproducing the provided contents is not permitted without the written consent of the company.

The customer undertakes not to infringe any third-party protective rights when using their own content in connection with the services.

13. Data Protection

Kewee OÜ collects and processes personal data exclusively for the performance of the contract and in accordance with the applicable data protection laws.

By completing an order, the customer consents to the storage and use of their data.

Unless expressly prohibited, the data may also be used for marketing purposes or passed on to partner companies for this purpose.

Further details can be found in the privacy policy on our website.

14. Amendments to the GTC

Kewee OÜ may adapt these GTC at any time.

The respectively current version is available on the keywi24.ch website and comes into force upon its publication.

For concluded contracts, the version valid at the time of purchase applies, unless the customer has expressly agreed to a newer version.

15. Precedence of Individual Agreements

Individually concluded agreements between Kewee OÜ and the customer take precedence over these GTC, insofar as they deviate from them or contain additional provisions.

16. Severability Clause

Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions remains unaffected.

The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the original provision.

17. Confidentiality

Both parties undertake to treat all information received in the course of the cooperation confidentially and not to make it accessible to third parties.

This obligation continues to apply even after the end of the business relationship.

18. Legal Information on the Sale of Licences

18.1 Legal Basis of the Resale

We offer product keys for the activation of the respective computer programs. The licence arises through the installation and acceptance of the terms of use between you and the manufacturer.

The resale of used software licences is expressly legal in the EU by virtue of the ECJ ruling C-128/11 (UsedSoft vs. Oracle). The principle of exhaustion has taken effect once the software has been lawfully placed on the market for the first time.

18.2 Origin of the Licence

With us you receive particularly attractively priced used licences from volume licence agreements, which are to be treated legally in exactly the same way as parts of volume licences upon initial acquisition. The splitting of volume licences for the purpose of separate resale is legal and covered by EU law.

The manufacturer has received appropriate remuneration for the original placing of the software on the market.

19. Applicable Law and Place of Jurisdiction

These GTC are subject to Estonian law.

Insofar as no mandatory statutory provisions stand in the way, the place of jurisdiction is Tallinn, Estonia.

The UN Sales Convention (CISG) is expressly excluded.

20. Reminder and Collection Fees

In the event of late payment, Kewee OÜ may charge reminder fees. If no payment is made despite a reminder, the claim may be assigned to a collection agency.

The commissioned company is entitled to assert the claim in its own name and to charge additional processing fees.