Terms and Conditions (GTC)
1. Scope and conclusion of contract
Advertisements on the website www.clicker-spiele.de are subject to change and non-binding, also with regard to price information.
The order is a binding offer. We can choose to accept this offer within four weeks by sending an order confirmation or by sending the ordered goods to the customer within this period.
The prices on the day of purchase apply. All prices are including VAT.
3. Terms of Delivery
Partial deliveries and partial services that are reasonable for the buyer are permitted. In this case, every partial delivery and partial service that is reasonable for the buyer is considered to be an independent delivery and service.
If the seller has not definitively refused performance beforehand, the buyer can request the seller in writing 4 weeks after exceeding a non-binding delivery date or a non-binding delivery period to deliver within a reasonable period. With this reminder, the seller is in default.
In the event of default, the buyer can also set the seller a reasonable grace period for subsequent performance in writing. If a reasonable deadline for performance or supplementary performance set by the buyer in writing has expired and the seller is responsible for this, the buyer can demand compensation instead of performance. A claim for damages for the entire service cannot be asserted if the seller has not performed the services as owed and the breach of duty is insignificant. In the case of slight negligence, the claim for damages is limited to a maximum of 10% of the purchase price. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code, he is only entitled to compensation in the event of intent or gross negligence.
Disturbances in the business operations of the seller or at his sub-suppliers for which the seller is not responsible, in particular work stoppages and lockouts as well as cases of force majeure, which are based on an unforeseeable event through no fault of his own, extend the delivery time accordingly.
The goods are delivered by Deutsche Post AG or another forwarding agent.
The shipping costs are displayed when ordering.
4. Method of Payment
The buyer can pay in advance (bank transfer), cash on delivery or direct debit.
5. Warranty and Liability
The limitation period for warranty claims against consumers is 2 years from receipt of the goods. For entrepreneurs as end customers, the limitation period for warranty claims for new goods is 1 year. Warranty claims of an entrepreneur presuppose that he has duly fulfilled his duties of examination and complaint according to § 377 HGB.
In the event of a defect in the goods delivered by us, we are entitled to choose between remedying the defect or making a replacement delivery.
If the repair or replacement fails twice, the buyer can choose to reduce the purchase price or withdraw from the purchase contract.
Claims by the buyer going beyond this, in particular claims for damages including lost profits or other financial losses of the buyer, are excluded. This does not apply if the damage is based on intent or gross negligence or on our breach of an essential contractual obligation. In the latter case, our liability is limited to the foreseeable damage. If we have given a guarantee for the quality or durability of the goods delivered by us, liability depends on the content of the guarantee.
6. Assignment Prohibition
Rights arising from transactions conducted with us, in particular warranty claims, are not transferable.
7. Retention of Title
The goods remain the property of the seller until the claims to which the seller is entitled under the purchase contract have been settled.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur according to § 14 BGB, for which the contract is part of the operation of his trade, the retention of title applies to the claims that the seller has against the buyer from his ongoing business relationships Has. Treatment and processing are carried out under exclusion of the acquisition of ownership according to § 950 BGB. The processed goods serve as security in the amount of the invoice value of the processed reserved goods. If the goods are resold, the buyer assigns any resulting claims to the seller. The assigned claim serves as security for the purchase price claim, with a current invoice for the balance claim, in the amount of the invoice value of the goods sold.
At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has fulfilled all claims in connection with the object of purchase and there is adequate security for the other claims from the ongoing business relationship.
If you have effectively revoked the contract concluded with us or have any other right of return, the following regulations apply to the reversal:
You are obliged to return the goods if the item can be sent by parcel. You have to pay compensation for any deterioration of the goods. This does not apply if the deterioration is solely due to the inspection of the goods.
Any monies paid to us are only to be repaid to you contemporaneously after we have received the goods. As long as we have not received the goods, we are not obliged to pay and the period according to Section 286, Paragraph 3 of the German Civil Code does not begin to run. We do not have the right to withhold money paid to us in the event of an effective cancellation if you can prove that you have properly posted the goods or handed them over to another carrier.
Amounts already paid will be refunded within 12 weeks after cancellation.
Packages sent to us freight collect will not be accepted. We will not bear any costs incurred by the customer for this.
Goods that have been modified or specially manufactured at the request of the buyer are excluded from return.
Returns must be sufficiently franked as a package, letter or parcel.
10. Partial invalidity (severability clause)
If individual provisions are ineffective, the validity of the remaining provisions shall remain unaffected.
By using our website, you agree to the collection, processing and use of data as described below. Our website can generally be visited without registration. Data such as the pages called up or the name of the file called up, the date and time are stored on the server for statistical purposes, without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.
//Source: sample data protection declaration from anwalt.de//
Right of withdrawal/right of return
1. Your right of cancellation
As a consumer within the meaning of Section 13 of the German Civil Code, you can cancel your purchase from us within two weeks of receipt of the ordered item in writing (e.g. letter, fax or simply by email to us) or by returning the item without giving reasons. The period begins at the earliest with receipt of the cancellation policy; for the delivery of goods, the period does not begin before the day the goods are received by the customer. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
2. Consequences of revocation
In the event of an effective revocation, the mutually received services are to be returned.
If you cannot return the services received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply if the deterioration of the goods received is exclusively due to their inspection - as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation by not using the goods as you would an owner and refraining from anything that could impair their value.
Goods that can be sent by parcel must be returned (you will receive the exact address printed on the invoice upon delivery).
In the case of a return from a delivery of goods whose order value is up to 40 euros in total, you have to bear the costs of the return if the delivered goods correspond to the ordered ones. In the event of incorrect delivery, the return is free of charge for you.
Instead of returning, you can simply ask us to collect the goods you wish to return. The collection will be ordered by us immediately and without any additional costs. You will expressly not suffer any disadvantages if you do not request a collection. However, such a procedure enables us to reverse your contractual relationship with us in a simplified and cost-saving manner.
Clicker Games wishes you a lot of joy with your purchase. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions in Germany. They therefore also apply to all future business relationships, even if they are not expressly agreed again.
Company name: Clicker Games
Email address: email@example.com
Street and house number: Schwemmstr. 3a
ZIP Code: 64572
Place of Performance and Applicable Law
Place of performance is Groß-Gerau.
It is only the law of the Federal Republic of Germany. The application of the UN sales law is excluded.