Terms of Service
§ 1. General provisions
(1) The following provisions apply to contracts between Gamingoase.de and the customer, unless otherwise agreed. Decisive is the valid version at the time of the conclusion of the contract. Conflicting conditions of purchase of commercial customers require the recognition of Gamingoase.de for their validity.
(2) A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity. A merchant is one who operates a trade, or who is classified as a merchant for other legal reasons in the HGB.
§ 2. Conclusion of the contract in the online shop
The products and services presented in the online shop of Gamingoase.de are not binding offers; it is rather the request to the customer, Gamingoase.de to make a binding offer. By clicking on the "Add to Cart" button, the customer can select individual items to buy.After clicking on the "Checkout" button, the customer can view the contents of the shopping cart, i. check the selected articles for the order, once again for input errors and delete selected articles by clicking on the "remove" box and by clicking on the "update" button from the list. Further details can be changed by clicking on "Edit". By submitting the order by clicking on the button "To order", the customer bindingly declares his contract offer.Google-oase.de will then send an automatic order confirmation.This confirmation does not constitute acceptance of the contract offer GamingOase.de can order by sending an order confirmation by e-mail or by receipt of the goods at the customer within five days.When the deadline expires without effect, the customer is no longer bound by his contractual offer.
§ 3. Prices, delivery and shipping costs
(1) The prices quoted in the offers are without exception final prices - i. They include all price components, including any applicable taxes.
(2) Unless otherwise agreed in individual cases, the prices apply without packaging, freight, postage and - if the customer is an entrepreneur - insurance. When sending the articles, therefore, additional delivery and shipping costs. The shipping costs depend on the shipping destination, the item quantity and the shipping method of the goods ordered by the customer. The shipping costs can be agreed on a flat rate basis or determined on the basis of a specific calculation. You can find out about the details under Shipping and Returns.
(3) The customer assures that he has given the correct and complete delivery address. Should it come due to incorrect address data to additional costs in the shipment - such as recurring shipping costs - so the customer has to replace them, if he culpably did not specify the correct address.
§ 4. Terms of payment
(1) For deliveries within Germany Gamingoase.de offers prepayment (by bank transfer, PayPal or Sofortüberweisung) and cash on delivery. For deliveries abroad, the seller offers prepayment as payment options. If prepayment is agreed, the payment is due immediately after conclusion of the contract.
(2) A customer who has paid three times at Gamingoase.de by cash in advance or cash on delivery, can also order and pay after receipt of the goods. When purchasing by invoice, the invoice amount is due for payment on the calendar day specified in the invoice (10 calendar days after the invoice date).
(3) If the customer is an entrepreneur, he has to pay default interest in the amount of 8 percentage points above the base rate for non-payment from the 14th day after the due date and receipt of the invoice.
§ 5. Retention of title
(1) The goods remain our property until their full payment.
(2) If the customer is an entrepreneur, he may process and sell the goods delivered under reservation of proprietary rights in the course of his orderly business, or consume them for the purpose of providing a delivery and service. In the event of sale or use for the provision of a delivery and performance of goods delivered under retention of title, the parties agree that the customer already in advance his claims for payment from the resale or the provision of the delivery and performance to end users to the company Gamingoase.de, which already accepts the assignment.
§ 6. Delivery and shipping conditions
(1) Orders and deliveries are only possible within Germany, Belgium, Italy, France, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Czech Republic and Austria.
(2) The delivery of the articles takes place, if not in the individual case something else is agreed, in principle against prepayment and by the dispatch.
(3) Partial deliveries are only permitted if they are reasonable for the customer or if the customer has expressly agreed. Unacceptable are, for example, partial deliveries of a uniform object of purchase. Partial deliveries have no influence on the rights of the customer due to performance disruptions.
(4) The risk of accidental loss and accidental deterioration of the goods sold passes to entrepreneurs with the transfer to them or a person entitled to receive, in the case of dispatch sale already with the delivery of the goods to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the goods sold to the transfer of the goods to the consumer on this. With regard to the assumption of risk, it is the same for the transfer, if the customer is in default of acceptance.
(5) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Gamingoase.de is excluded from its obligation to perform. Already paid amounts will be refunded by Gamingoase.de immediately.
(6) In the event of non-compliance with delivery deadlines due to force majeure (eg war, civil unrest, natural disasters) or similar events (eg strike or lock-out), the periods shall be extended by a period of time commensurate with the impediment.
§ 7. Transport damage
(1) The following paragraphs 2 to 4 shall apply if the conclusion of the purchase agreement not only belongs to Gamingoase.de but also to the customer for the operation of its commercial business. The following regulations on transport damages do not restrict rights and claims of customers, in particular due to liability for defects.
(2) Deliveries must be inspected in the presence of the deliverer. In the case of externally visible transport damage, the customer is obliged to note this on the shipping documents and to have them acknowledged by the delivery agent; the packaging must be kept.
(3) If the (partial) loss or damage was not externally recognizable upon acceptance, the customer is requested to inform Gamingoase.de immediately, but no later than within 14 days of becoming aware of the loss or damage.
(4) The customer shall support Gamingoase.de to the best of his ability, as far as Gamingoase.de asserts these claims against the respective transport company or a transport insurance.
§ 8. Warranty
(1) The customer is entitled to legal warranty rights against Gamingoase.de due to an initial material defect. If the customer asserts supplementary performance, he is obliged, upon request of Gamingoase.de, to make the purchased goods available for the examination of the complaint for a corresponding investigation.
(2) Gamingoase.de provides to entrepreneurs for defects in the purchased item in the context of supplementary performance at its own discretion by repair or replacement.
(3) In the case of second-hand articles, the limitation period for the claims for defects is one year from their delivery. An associated statute of limitations shall not apply insofar as Gamingoase.de is liable pursuant to § 10 (1) of these GTC or the real right of a third party is based on which the surrender of the delivery item may be demanded.
(4) When selling used items, the claims and rights of an entrepreneur due to defects are excluded; this also applies to defects that have arisen after the conclusion of the contract and before the transfer of risk. The above exclusion of the warranty does not apply, however, as far as Gamingoase.de is liable under § 10 (1) of these terms and conditions or it is the real right of a third party, due to which the surrender of the delivery item can be demanded.
(5) Obvious defects must be reported by entrepreneurs within a period of 10 days from receipt of the goods in text form; otherwise the assertion of the warranty claim is excluded. It is sufficient to meet the deadline the timely dispatch of the defect notification.
§ 9. Original packaging
The customer is requested by Gamingoase.de, when returning the goods and accessories to use the original packaging, even if this should be damaged by an opening to the goods inspection. The customer is not obligated to do so and experiences no loss of rights due to the non-compliance, but can also By using the original packaging, ensure that the goods are carefully packed for return.
§ 10. Liability
(1) Gamingoase.de is liable for damages resulting from injury to life, body or health, which are based on a willful or negligent breach of duty by Gamingoase.de, its legal representatives or its vicarious agents. In addition, Gamingoase.de is liable for given guarantees as well as for damages which are covered by the liability according to mandatory legal regulations, such as the Product Liability Act (ProdHaftG). Apart from that, Gamingoase.de is liable for other damages that are based on an intentional or grossly negligent breach of duty as well as malice by it, its legal representatives or vicarious agents.
(2) Gamingoase.de shall be liable for damages caused by simple negligence and which do not fall under paragraph 1 sentences 1 and 2, insofar as the negligence relates to the breach of such contractual obligations, the fulfillment of which enables the execution of the contract and the fulfillment of which Buyer may therefore trust (cardinal obligations); However, the liability to entrepreneurs is limited to foreseeable, typical, direct average damage, so that in particular indirect damage (such as lost profit) and consequential damage are excluded. The amount of damage is limited to entrepreneurs to the value of three times the value of the delivery.
(3) Further liability is excluded, regardless of the legal nature of the claim asserted.
§ 11. Final provisions
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted by compulsory consumers does not deprive protective provisions of the law of the state in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of Gamingoase.de. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
If you order as a consumer, you may be entitled to a right of revocation according to the following instruction. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us
Telephone: 09158 - 769460
Fax: 09151 - 9087168,
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For the repayment, we will use the same means of payment as you used in the original transaction, unless otherwise expressly agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
We basically bear the cost of returning the goods. This shall only apply if the goods can not normally be returned by post as a package due to their nature; in this case you bear the immediate costs of returning the goods. The costs are estimated at a maximum of about 80 EUR.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Unless otherwise agreed, the right of revocation does not exist for contracts
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
- To (Gamingoase.de, Obermühlweg 29, 91217 Hersbruck, Fax: 09151 - 9087168, E-Mail: firstname.lastname@example.org):
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
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