General Terms and Conditions
- Conclusion of the contract
- Right of withdrawal
- Transfer of the content
- Granting of usage rights
- Liability for defects
- Applicable Law
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter “GTC”) of Avlicense, owned by Avlicense.com, Oleanderhof 22, 6463GN Kerkrade, The Netherlands. (hereinafter “Licensor”) apply to all contracts for the delivery of data that is not on a physical data carrier that is produced and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter “Licensee”) has with the Licensor concludes with regard to the digital content presented by the licensor in his online shop. The inclusion of the licensee’s own conditions is hereby rejected, unless otherwise agreed.
1.2 The subject of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form with the granting of certain rights of use, which are more precisely regulated in these terms and conditions.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The content published in the online shop of the licensor does not represent a binding offer on the part of the licensor, but serves to make a binding offer by the licensee.
2.2 The licensee can submit the offer using the online order form integrated in the licensor’s online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding offer of contract for the content in the shopping cart by clicking the button that concludes the ordering process.
2.3 The licensor can accept the licensee’s offer within three days,
- by sending the licensee a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation by the licensee is decisive, or
- by leaving the ordered content to the licensee, whereby access by the licensee is decisive, or
- by asking the licensee to pay after submitting his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the licensor does not accept the licensee’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the licensee is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the licensee and ends at the end of the third day following the sending of the offer.
2.5 When submitting an offer via the licensor’s online order form, the text of the contract will be saved by the licensor after the contract has been concluded and sent to the licensee in text form (by email) after his order has been sent. The licensor does not make the text of the contract accessible beyond this.
2.6 Before the binding submission of the order using the online order form, the licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the English language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
All our digital license keys are excluded from the right of withdrawal. More information on the website of the Dutch Government. See the following link https://wetten.overheid.nl/BWBR0005289/2017-03-10#Boek6_Titeldeel5_Afdeling2b_Paragraaf3_Artikel230p
4.1 For the granting of rights to the respective content, the licensor receives a flat license fee, the amount of which can be found in the respective item description.
4.2 The prices given by the licensor are total prices and include the statutory sales tax.
4.3 The licensee has various payment options available, which are specified in the licensor’s online shop.
5) Transfer of the content
The content is provided exclusively in electronic form by email or by downloading from the licensor’s website.
6) Granting of usage rights
6.1 Unless otherwise stated in the description of the content in the licensor’s online shop, the licensor grants the licensee the non-exclusive right, unlimited in terms of location and time, to use the content provided for private and business purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the licensor has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights only takes effect when the licensee has paid the contractually owed remuneration in full. The licensor can provisionally allow the contractual content to be used before this point in time. A transfer of rights does not take place through such a provisional permit.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable Law
If the licensee acts as a merchant, legal entity under public law or a special fund under public law with its registered office in the territory of the Netherlands, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the licensor. If the licensee is based outside the territory of the Netherlands, the licensor’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the licensee. In the above cases, however, the licensor is entitled to appeal to the court at the licensee’s registered office.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.