1. Scope and contracting party
1.1 These General Terms and Conditions (“Terms”) apply to all orders in the online shop at vivakeys.eu, vivakeys.com, vivakeys.co.uk and vivakeys.us. Your contracting party is EUROPE SOFTWARE PARTNER AND PAYMENT SOLUTIONS OÜ, Valge tn 13, 11415 Tallinn, Estonia, registry code 16599004, VAT ID EE102549922, email office@vivakeys.de, telephone +372 668 3082 (“we”). Further details are in the Legal Notice.
1.2 These Terms apply to consumers and businesses. Rules that apply only to one of these groups are marked as such. A consumer is any natural person who enters into a contract for purposes that are mainly outside their trade, business, craft or profession. A business is anyone acting for purposes relating to their trade, business, craft or profession when entering into the contract.
1.3 Your order is governed by the version of these Terms published at the time of your order. Later changes do not apply to contracts already concluded.
1.4 A customer’s own terms and conditions apply only if we expressly agree to them in writing or by email.
1.5 We currently sell only to customers with a billing country in the European Union.
2. What we sell
2.1 We sell digital products, in particular activation keys for software (“key”) with the associated right of use. We deliver exclusively electronically; you do not receive a physical medium.
2.2 We sell in our own name and for our own account. We are neither the manufacturer nor the rights holder of the software and do not grant licenses of our own. You receive the right of use to the extent it exists with the key. Use of the software is governed by the manufacturer’s license terms, which you accept during installation or activation.
2.3 Our range includes newly sourced keys and used licenses. Used licenses may be resold if the copy of the program was first placed on the market by sale in the European Union or the European Economic Area with the consent of the rights holder (Article 4(2) of Directive 2009/24/EC; Court of Justice of the European Union, judgment of 3 July 2012, C-128/11, UsedSoft). We do not sell rental rights or subscription and lending models as used licenses.
2.4 Before you order, the product page shows the main characteristics: product, version and edition, platform, language and, where applicable, region, license type and term, number of devices or users, type of activation, system requirements and known restrictions, such as a link to a manufacturer account. If a product is tied to a specific program version that is not the latest one, the product page says so expressly.
2.5 We guarantee that the key delivered is valid at the time of supply and can be activated as described on the product page. We do not promise a manufacturer’s guarantee, manufacturer support or manufacturer updates. Our statutory obligation to supply updates under section 7.3 remains unaffected.
3. Conclusion of the contract
3.1 The presentation of products in the shop is not a binding offer but an invitation to place an order.
3.2 How to order: you add products to the cart and go to checkout. There you enter your email address and country and, when ordering for a company, also the company, name and address. You choose a payment method and confirm the required declarations. Before submitting, you see all details and the total price and can correct input errors in the input fields or in the cart.
3.3 By clicking the button “Order with obligation to pay” you submit a binding offer to buy the products in the cart.
3.4 We send you an order confirmation by email immediately afterwards. With this email we accept your offer, and the contract is concluded. The order confirmation contains the content of the contract and these Terms. For digital products it also records your consent to immediate performance and your acknowledgement that the right of withdrawal expires (section 6).
3.5 We store the text of the contract. You can view and save these Terms on this page at any time. If you have a customer account, you can also see your orders there. The language of the contract is English.
3.6 We may reject or cancel an order only for an objective reason: if there is a reasonable suspicion that a means of payment is being misused, if payment is not made or is reversed, or if the product cannot be delivered. We will then inform you without delay and refund any amounts already paid in full via the means of payment originally used.
4. Prices and payment
4.1 All prices are final prices in euros including VAT. There are no shipping costs.
4.2 For private customers, VAT depends on the country where you live. You see the rate and the amount before submitting your order.
4.3 If you order for a company and enter a VAT identification number from an EU country other than Estonia, we check the number in the EU system VIES when you order. If it is valid, we do not charge VAT; your business then owes the tax (reverse charge). If VIES is unavailable, we charge VAT. An order is not possible with a number that VIES reports as invalid. What is shown before you submit your order is decisive.
4.4 The payment methods available to you are shown at checkout. Details are in the Delivery and Payment Terms. We do not charge a fee for choosing a payment method.
4.5 The purchase price is due when you order. The price shown at the time of your order applies.
4.6 You receive your invoice electronically. For orders for a company, we send it by email after payment is received. Private customers can request it via the link on the order confirmation page, in the payment received email or in the customer account.
5. Delivery
5.1 We deliver the key electronically: on the order confirmation page, by email to the address provided and, if you have a customer account, also in your customer account.
5.2 The delivery time is shown on each product. “Instant delivery” means directly after payment is received. Otherwise we deliver within 24 hours after payment is received. In exceptional cases, for example if the payment service provider is still checking the payment or we are reviewing an order under section 10, delivery may take up to 24 hours even for products with instant delivery. If a product is temporarily unavailable, the product page says so and it cannot be ordered.
5.3 Please provide a correct email address and also check your spam folder. If the email does not arrive, we will resend the key on request with your order number. For security reasons, we only send keys to the email address used for the order.
5.4 If we do not deliver, your statutory rights apply. If we finally refuse delivery or it is obvious that we will not deliver, you can terminate the contract immediately and receive your money back.
6. Right of withdrawal
6.1 Consumers have a statutory right of withdrawal. The full withdrawal information with model withdrawal form is on a separate page and is attached to the order confirmation.
6.2 For digital content not supplied on a tangible medium, the right of withdrawal expires once we have begun performance after you have expressly consented to this and acknowledged that you thereby lose your right of withdrawal, and we have confirmed this to you in the order confirmation. You give your consent and acknowledgement during checkout with a separate checkbox.
6.3 If you withdraw effectively, we refund all payments within 14 days via the means of payment originally used, free of charge for you. You do not owe any compensation. You may not continue to use or pass on the key afterwards.
6.4 Businesses have no statutory right of withdrawal.
7. Lack of conformity
7.1 The statutory rights for lack of conformity apply. For consumer contracts for digital content, these are the rights under the law of your country of habitual residence implementing Directive (EU) 2019/770.
7.2 A key lacks conformity in particular if it is invalid or blocked or cannot be activated as described on the product page. There is no lack of conformity if use fails because of a restriction clearly stated on the product page before the order, such as a region, a platform, an account link, a program version or system requirements not being met.
7.3 We supply the updates necessary to keep the product in conformity with the contract for the period you can reasonably expect given the type and purpose of the product.
7.4 If the key lacks conformity, you can require us to bring it into conformity, usually by supplying a working replacement key. This is free of charge for you, within a reasonable time and without significant inconvenience. Under the statutory conditions you can also request a proportionate price reduction or terminate the contract; claims for damages remain unaffected.
7.5 We are liable for any lack of conformity that becomes apparent within two years of supply. If a lack of conformity becomes apparent within one year of supply, it is presumed to have existed at the time of supply. Longer periods under the law of your country of habitual residence remain unaffected.
7.6 Order number, error message, screenshot and details of your system help us check the issue. These details are not a condition for your rights. The fastest way is “Report a problem” in your order.
7.7 If the manufacturer blocks a key we delivered without you being responsible, we will supply a replacement or refund the purchase price. Your other statutory rights remain unaffected.
8. Right of use and resale
8.1 You do not acquire ownership of the software or any rights to the source code, but the right of use that exists with the key.
8.2 You may resell a license bought from us; you do not need our consent. When doing so, make your own copy unusable and pass on a multi-user license only as a whole. Rental is not covered.
8.3 A key can usually be redeemed only once. Please keep it safe.
9. Liability
9.1 We are liable in accordance with the statutory provisions. Towards consumers, we do not exclude or limit our liability where the law does not permit this; in particular, we are liable without limitation for death or personal injury and for intent and gross negligence.
9.2 Towards businesses, we are not liable for slight negligence, except in the case of death or personal injury.
9.3 These rules also apply to our employees and agents. Your rights for lack of conformity under section 7 remain unaffected.
10. Review of orders
10.1 If there are specific indications of misuse of a means of payment, a person reviews the order before delivery. We may ask for reasonable proof, for example that you are authorized to use the means of payment. An order is not rejected automatically without this review.
10.2 If we cancel an order after the review, we refund the amounts paid in full via the means of payment originally used.
11. Chargebacks
If there is a problem with your order, please contact us first before having a payment reversed by your bank, card issuer or PayPal. This is a request, not an obligation. We do not charge any fees or flat rates for a chargeback. If a service properly provided remains unpaid as a result, we may claim the outstanding amount through legal channels.
12. Additional rules for businesses
12.1 This section applies only if you buy as a business.
12.2 Please notify us of a lack of conformity within a reasonable time after you became or should have become aware of it, describing it with sufficient precision (§ 220 of the Estonian Law of Obligations Act). Notification by email is sufficient.
12.3 If a key has been replaced or refunded, you may no longer use or resell the original key. We provide evidence of the origin of a license on request, to the extent it is available or can be obtained from the supplier.
12.4 The place of jurisdiction for all disputes with businesses is Tallinn, Estonia, unless mandatory law provides otherwise.
13. Applicable law and dispute resolution
13.1 Estonian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. As a consumer, you retain the protection of the mandatory provisions of the law of the country in which you have your habitual residence (Article 6(2) of the Rome I Regulation).
13.2 We do not agree a place of jurisdiction with consumers. In particular, you can sue us in the courts of your place of residence (Articles 17 and 18 of the Brussels Ia Regulation).
13.3 We are not obliged and have not undertaken to participate in dispute resolution proceedings before a consumer arbitration body. The body responsible for us in Estonia and the European Consumer Centres are named in the Legal Notice.
14. Customer service
You can reach us by email at office@vivakeys.de and via the contact form. Our customer service replies as “Kundenservice VivaKeys”. We use AI systems to process enquiries. You can ask at any time for a person to review and answer your request; a short sentence in your message is enough.
15. Final provisions
If any provision of these Terms is invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.
Last updated: 9 November 2026