Terms & Conditions
Terms and Conditions and Customer Information
I. General terms
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that connect us as a supplier (Spieleheld Limited) on the website softwerk.online. Unless otherwise agreed, the inclusion might be used by you own conditions is contradicted.
(2) Consumers in the sense of following rules shall mean any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) Subject of the contract is the sale of goods.
We sell the goods are partially or exclusively as a commission agent in its own name on behalf of others, that is for a third party as the owner of the goods. Contractors with all the rights and obligations regardless of we.
(2) Even with the setting of each product on our website, we provide you with a binding offer to conclude a contract for the given item description conditions.
(3) The contract is through the online shopping cart system as existence follows:
The intended purchase of goods are stored in the "basket". On the appropriate button in the navigation bar, you can call the "shopping cart" and make changes at any time.
After calling the "Checkout" and entering of personal data and the Payment and shipping terms, all order data is displayed on the order summary page concludes again.
Insofar as you use them as payment an emergency number system (eg PayPal / PayPal Express / PayPal Plus, Amazon Payments Postpay, bank transfer), you will be out either in our online shop on the order summary page, or you are first on the agency website of immediately number system forwarded.
If the forwarding to the respective emergency number system, there take the appropriate selections or input your data. Finally, you will be directed back to our online store on the order summary page.
Before submitting the order, you have the opportunity to review here all the information again to change stop (also using the "back" of the Internet browser) or the purchase.
"Order liable for payment" with sending the order via the button you agree legally binding acceptance of the offer, making the contract.
(4) your requests for the creation of an offer is non-binding for you. We submit this a binding offer in writing (eg by email), which you can accept it within five days.
(5) The completion of the order and delivery of all necessary information in connection with the contract shall be partially automated by e-mail. They have therefore ensure that you stored in our e-mail address is applicable, the receipt of the e-mails technically assured and is especially not inhibited by SPAM filters.
§ 3 Conclusion of the contract with download products
(1) subject of the contract is the sale of download products (digital content which is not supplied on a tangible medium).
Already with the setting of individual download product on our website, we provide you with a binding offer to conclude a contract for the given item description conditions.
(2) The contract is through the online shopping cart system concluded as follows:
The intended purchase downloadable products are stored in the "basket". On the appropriate button in the navigation bar, you can call the "shopping cart" and make changes at any time. After calling the "Checkout" and entering of personal data and the terms of payment, all order data is displayed on the order summary page concludes again.
Insofar as you use them as payment an emergency number system (eg PayPal / PayPal Express / PayPal Plus, Amazon Payments Postpay, bank transfer), you will be out either in our online shop on the order summary page, or you are first on the agency website of immediately number system forwarded.
If the forwarding to the respective emergency number system, there take the appropriate selections or input your data. Finally, you will be directed back to our online store on the order summary page.
Before submitting the order, you have the opportunity to review here all the information again to change stop (also using the "back" of the Internet browser) or the purchase.
"Order liable for payment" with sending the order via the button you agree legally binding acceptance of the offer, making the contract.
(3) Your requests for the creation of an offer is non-binding for you. We submit this a binding offer in writing (eg by email), which you can accept it within five days.
(4) will be settled the appointment and transfer of all information necessary in connection with the conclusion of the contract by email partially automated. They have therefore ensure that you stored in our e-mail address is applicable, the receipt of the e-mails technically assured and is especially not inhibited by SPAM filters.
§ 4 Use license with download products
(1) The offered downloadable products are copyrighted. You get to any you bought at our downloadable product ease of use license, unless the respective offer otherwise indicated.
(2) The simple use license includes permission to copy the download product for your personal use on your computer or other electronic medium device to store and / or print.
Each additional copy is forbidden you. You are expressly forbidden to modify a file or parts of it or edit and place them in any way third parties privately or commercially available.
§ 5 Contract Duration / Termination for subscription contracts
(1) Between you and us closed subscription contract has the agreed term. If the contract is not 3 weeks before the end of the contract (if regulated in the respective offer any other period) in writing (eg e-mail) terminated by either party, it shall be extended tacitly agreed to the basic term. If the base period more than a year, the contract is extended but only for one year.
(2) This does not affect the right to terminate without notice for good cause.
§ 6 retention , retention of title
(1) A lien can only be exercised in so far as it concerns claims arising from the same contract.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also:
a) We reserve the title to the goods until the complete settlement of all claims from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, contact all claims in the amount of the invoice amount that you accrue from the resale to us, we accept the assignment. They are also authorized to collect the debt. As far as you meet your payment obligations properly, we reserve the right, however, to collect the debt themselves.
c) In connection and mixing of the goods we acquire joint ownership of the new item in proportion of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released lies with us.
§ 7 Warranty
(1) There are the statutory warranty rights.
(2) In the case of used goods, the warranty period is different from the statutory scheme for one year from date of delivery. The one-year warranty period does not apply pursuant to §§ 478, 479 BGB for us attributable culpably caused damages resulting from injury to life, limb or health and damage or bad faith of the provider grossly negligently or intentionally caused, as well as recourse.
(3) As far as you are a business, and notwithstanding paragraph 1:
a) As a condition of the goods only our own data and the manufacturer's product description as agreed, but no other advertising, promotions and public statements of the manufacturer apply.
b) You are required to inspect the goods promptly and with due attention to the quality and quantity and notify us of obvious defects within 7 days in writing (from receipt of goods such as e-mail), the deadline extends the timely dispatch. This also applies to hidden defects discovered later from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. If the repair fails, you can demand reduction or withdraw from the contract on your choice. The remedial applies after the unsuccessful second attempt as failed if something else results not based on the nature of the item or the defect or other circumstances. In case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not match the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply pursuant to §§ 478, 479 BGB for us attributable culpably caused damage from injury to life, limb or health, and with gross negligence or intentionally caused damage or bad faith, as well as recourse.
§ 8 Liability
(1) We shall each unlimited liability for damage arising from injury to life, limb or health. Next we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in all other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding provision in our customer information (Part II) and general terms and conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability for slight negligence to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the contract imposed on us by its content to the purpose of the contract, making the fulfillment of the proper execution of the contract at all possible and you may regularly rely on compliance.
(4) When a violation of minor contractual obligations, liability is excluded for slight negligence.
(5) Data communication via the Internet can not be free of errors and / or available at all times to ensure the current state of the art. In this regard we are liable either for the continuous uninterrupted availability nor the website and offered there service.
§ 9 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies if thereby the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) Performance for all services from existing business relationships with us and jurisdiction is our seat as far as you are not consumers but a merchant, legal entity under public law or public special assets. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence in the time of action is not known. The power to the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of UN purchasing law expressly not apply.
§ 10 youth protection
(1) The sale of goods, which falls under the provisions of the Youth Protection Act, we are only one contractual relationships with customers who have reached the legal age.
To regulate the age is indicated in the respective product description.
(2) assure you with submitting your order, to have reached the legal age and that your details regarding your name and address are correct. You are obliged to ensure that only take themselves or those authorized by you to receive the delivery people, who have reached the legal age, delivery of the goods.
(3) As far as we are obliged by the law to make a rating control, we refer to those charged with delivery logistics provider to surrender the delivery only to persons who have reached the legal age, and if in doubt the identity card of the delivery of the goods to let show the person taking age verification.
(4) As far as we report on the legal age out walking in the respective product description that you be 18 years must have completed for the purchase of goods, above paragraphs shall apply 1-3 with the proviso that there instead of the legally required minimum age of majority got to.
II. Customer Information
1. Identity of the seller
Spieleheld Limited
20TH FLOOR, CENTRAL TOWER,
28 QUEEN'S ROAD CENTRAL,
CENTRAL HK
Email: info@softwerk.online
Alternative dispute resolution:
The European Commission provides a platform for the extra online dispute resolution system (OS platform) ready to be called up under http://ec.europa.eu/odr .
2. Information about the conclusion of the contract
, the technical steps to conclude a contract, the contract itself and the possibilities of correction made in accordance with the regulations, "Formation of contract" of our General Terms (Part I).
3. Contract language treaty text storage
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system contract data can be printed using the print function of the browser or electronically secured. After receipt of the order with us the order data, the information required by law for distance contracts and the terms and conditions are again sent by e-mail to you.
3.3. When requests for quotations outside the online shopping cart system you get all contract data sent as part of a binding offer in writing, for example, can send e-mail, which you can print or save electronically.
4. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment
5.1. The prices stated in the respective offers and shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via an appropriately labeled button on our website or in the respective offer, are reported separately during the ordering process and have to be paid additionally by you to the extent that no shipping costs is not promised.
5.3. The your available payment methods are shown under an appropriately designated button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment, payment claims from the completed contract immediately due for payment.
6. Delivery
6.1. The delivery, the delivery and any existing delivery restrictions can be found at an appropriately designated button on our website or in the respective offer.
6.2. As far as you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during shipment merges only with the delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is made at your risk.
7. Statutory warranty rights
7.1. The warranty for our goods is governed by the rules "Warranty" in our terms and conditions (Part I).
7.2. As a consumer, you are requested to immediately inspect the goods upon delivery for completeness, obvious defects and damage and as soon as possible to inform us and the shipper complaints. Come fails to do, this has no effect on your statutory warranty claims.
8. Contract Duration / Termination
For information on the term of the contract and the terms of the termination in the settlement "Term / Termination for subscription contracts" in our Terms and Conditions (Part I), as well as in the respective product description.
These terms and conditions and customer information has been prepared by the specialized IT law attorneys of the Händlerbund and are permanently checked for legal compliance.
Last updated: 23/05/2018