General Terms and Conditions

General

These General Terms and Conditions (GTCs) apply to all orders via www.gamefairy.io. The following GTCs apply to all business relationships between the parties, to the exclusion of all others. No contradictory terms and conditions of the respective customer shall apply, unless Gamefairy GmbH has agreed explicitly to their validity.

Conclusion of contract

The offers of the online shop on the internet represent a non-binding invitation to customers to order goods in the online shop.

By ordering the desired goods on the internet, the customer submits a binding offer to conclude a purchase contract.

The online shop shall confirm receipt of the order immediately, no later than one day after the receipt of the order. The order confirmation represents the transactional acceptance on our part.

The customer can correct his input by using the “Back” button on his browser. Before finalizing the order, the customer shall receive all relevant information in an order overview.

The text of the contract is not stored. However, you have the possibility to print out the text of the contract prior to finalizing the order, using your browser’s print function.

The contractual language is English.

The contractual object is the item ordered by the customer. The offer description applies to the quality and condition, in addition § 434 (1.3) BGB applies.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days, without have to state a reason. The withdrawal deadline is fourteen days from the day on which you or a third party designated by you who is not the carrier, have or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us

Gamefairy GmbH
Nordstr. 102
52353 Düren
Tel: 02421 4868700
e-mail: info@gamefairy.io

about your decision to withdraw from the contract by means of a clear declaration (e.g. by postal letter, fax or e-mail). For this purpose a form is not prescribed, we however require all details in connection with the order placed and payment details. The withdrawal deadline is deemed to be met when the notification of the exercise of the right of withdrawal is sent prior to the expiry of the withdrawal deadline.

Consequences of withdrawal

If you withdraw from this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs arising from your wish for a type of delivery different to the cheaper standard delivery offered by us) without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund we shall use the same means of payment that you used in the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this refund.

We may refuse to refund until we have received the goods back or until you have presented evidence that you have returned the goods, whichever occurs sooner.

You must return or hand over the goods without delay and in any case no later than fourteen days after the day on which you inform us of the withdrawal from this contract. The deadline is deemed to be met of you send the goods prior to expiry of the fourteen-day deadline.

You must bear the direct costs of returning the goods.

You must pay for any diminished value of the goods only if this diminished value is due to handling by you other than that necessary to ascertain the condition, features and functioning of the goods.

Exclusion of the right of withdrawal

There is no right of withdrawal in contracts to supply goods that are not prefabricated and whose manufacture requires the individual selection or decision of the consumer, or which are tailored specifically to the consumer’s needs.
Expiry of the right of withdrawal
The right of withdrawal expires prematurely in contracts
– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery;
– for the delivery of goods if these were inseparably mixed with other goods, by reason of their nature, after delivery;
– for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

Delivery

The goods will be dispatched within the deadline named in the offer. The deadline begins upon receipt of payment (in the case of prepayment) or after conclusion of the contract if you have selected PayPal, cash on delivery, payment upon collection in the shop or credit card as a method of payment. For pre-orders on not yet manufactured stock, the dispatch process shall commence not before the pre-ordered stock has arrived at our office location.

4.2. Unless otherwise stated in the offer, delivery times within Germany are maximum 2-4 workdays. In other words, delivery should arrive no later than within 4 workdays (Monday to Saturday, not including holidays) after receipt of payment (in the case of prepayment) or after conclusion of the contract (in the case of PayPal, cash on delivery, payment upon collection in the shop or credit card). For other territories they are depending on the delivery partners used.

4.3 If an item is out of stock, we shall inform you by e-mail about the expected delivery time, provided we have your address. Your statutory claims remain unaffected.

Packaging and shipping costs

For deliveries and packaging costs we calculate the shipping price set in the offer before checkout. Shipping costs are displayed and communicated separately for each order.

Payment, retention of title

All prices are given in US Dollar. The prices valid on the day of the order apply. Currently following payment methods are possible:

PayPal

Until full payment the delivered goods remain our property (retention of title under §§ 158, 449 BGB). The customer must inform us immediately of any third-party enforcement measures concerning the reserved goods, and hand over any documents required for an intervention; this also applies to any other kind of impairment. Independently of this, the customer must inform third parties in advance of the existing rights that pertain to the goods.

Guarantee

If supplementary performance has been provided by way of replacement delivery, the purchaser is obliged to return the goods delivered initially within 30 days at our expense. Defective goods must be returned in accordance with statutory regulations. We reserve the right to claim compensation under the legally regulated conditions.

Liability

The supplier is liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with statutory provisions.

In other cases the supplier is liable – unless regulated otherwise in Section 8.3 of these GTCs – only in cases of breach of contractual obligation, whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract and on whose compliance the customer can generally rely (so-called cardinal obligation). In all other cases, the liability of the supplier is excluded, subject to the regulation in Section 8.3 of these GTCs.

Where the supplier is liable in accordance with Section 8.1 of these GTCs, this liability is limited to damages he foresaw at the time of concluding the contract as a possible consequence of the contractual violation, or should have foreseen when applying due care and attention. Furthermore, indirect damages and consequential damages, which result from defects to the object of the performance, must be replaced only if such damages are to be typically expected from the intended use of the object.

The liability of the supplier for damages arising from injury to life, body or health, and according to the Product Liability Act, remain excluded from Sections 8.1 to 8.3 of these GTCs.

Statutory warranty rights remain unaffected.

Final provisions

The applicability of the UN Sales Convention is excluded, and German law applies, to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s residence has not been withdrawn.

If the customer has no general jurisdiction in Germany or in another EU member state, sole jurisdiction for all disputes arising from this contract is our headquarters.