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TERMS AND CONDITIONS


§1 Scope and Provider

(1) Contract partner: 

EuroGames 2020 gUG (haftungsbeschränkt)

Johannes-Weyer-Str. 1

40225 Düsseldorf

Directors: Silke Krämer, Götz Fellrath

HRB 8581, UST-ID: n.n.

Phone: +49 176 99962020

Mail: info@eurogames2020.de

 

(2) The services and goods offered in our online shop are aimed exclusively at buyers who are 18 years of age or older.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.

(4) The contract language is exclusively German.

(5) You can call up and print out the currently valid General Terms and Conditions of Business on the www.eurogames2020.de/AGB website.

 

 § 2 Conclusion of contract

(1) The presentation of services and goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking the button ["pay"] you make a binding offer to purchase (§ 145 BGB). Immediately before placing this order you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.

 (4) A purchase contract is only concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without prior express declaration of acceptance. Exception: in the case of payment in advance (immediate transfer), credit card and PayPal, the acceptance of the order immediately with your order.

 

 § 3 Prices

The prices quoted on the product pages include, where applicable, the statutory value added tax and other price components as described. A dispatch of the goods is not intended and must be agreed separately.

 

 § 4 Terms of Payment; Default

(1) Payment shall be made optionally by: Credit card, Paypal or Sofortüberweisung.

(2) The choice of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only advance payment to protect our credit risk.

(3) In the case of payment by credit card, the purchase price at the time of placing the order shall be

will be charged directly to your credit card. For this purpose you will be redirected to the payment pages of our online payment system "payone". There is no storage of credit card data on our system.

(4) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop we request PayPal

to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

(5) If you pay by Sofortüberweisung, the amount will be debited to your account immediately. For this a forwarding to the payment pages of our online payment system "payone" takes place. There is no storage of account data on our system.

 

§ 5 Set-off/Retention Right

(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods shall be delivered by handover at the time of registration for the EuroGames on site in August 2020.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) As an exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:

- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.

- You may not resell the goods in the ordinary course of business.

 

§ 7 Cancellation Policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

 

(1) The following right of withdrawal does not apply to participation fees in the event (e.g. sports, guests, spectators) or tickets (e.g. parties, cultural events, dinners). In these cases the following regulation applies from the time of the binding order by payment:
- From payment until 30 April 2020, we will refund 50% of the participation fee if you cancel your registration.

- After 30 April 2020, we will only refund 50% of the participation fee in the event of illness.

- An informal declaration by e-mail (info@eurogames2020.de), telephone (+49-176-99962020) or in writing (EuroGames 2020 gUG, Johannes-Weyer-Str. 1, 40225 Düsseldorf) is sufficient to protect your right of withdrawal.

- Tickets purchased for parties, cultural events, dinners or similar events cannot be refunded at any time. Here a 14-day right of revocation applies from the time of purchase, with which the purchase can be cancelled without giving reasons by e-mail (info@eurogames2020.de), telephone (+49-176-99962020) or in writing (EuroGames 2020 gUG, Johannes-Weyer-Str. 1, 40225 Düsseldorf). In this case a 100% refund of the price will be made via a payment method chosen by EuroGames gUG and free of charge for the buyer.

 

(2) Right of revocation for goods (merchandise): You have the right to revoke the purchase of goods within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the ordered goods.

In order to exercise your right of revocation, you must

EuroGames 2020 gUG (limited liability)

Johannes-Weyer-Str. 1

40225 Düsseldorf

Mail: info@eurogames2020.de

Phone: +49-176-99962020

 

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of Withdrawal: If you withdraw from this Agreement (steeply) to purchase Goods, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdrawal from this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless technically impossible or expressly agreed otherwise with you, in which case you will not be charged for such refund.

We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier.

You must return the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this Agreement at the latest or return them to us at the latest.

is handed over. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and function.

is due to the

Sample withdrawal form

         

If you want to cancel the contract, please fill out this form and send it back.

To

EuroGames 2020 gUG (limited liability)

Johannes-Weyer-Str. 1

40225 Düsseldorf

info@eurogames2020.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of consumer(s) (only for paper notifications)

date

(*) Delete as appropriate.

End of the revocation instruction

(3) The right of revocation does not exist in the case of the delivery of

- of goods which are not prefabricated and the manufacture of which is determined by an individual choice or intended use by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name on them).

names),

- of goods which are manufactured separately to order and for which this is explicitly stated in the order,

- of goods, if these have been inseparably mixed with other goods after delivery due to their nature,

- of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

- of newspapers, periodicals or magazines with the exception of subscription contracts.

(4) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(5) Please call us at +49-176-99962020 before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.

(6) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

 

§ 8 Transport Damage

(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.

 (2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

 

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damages arising from the

injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) Otherwise, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 para. 1 no. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.

- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to

hidden defects discovered later from discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.

- In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

- If the subsequent performance fails twice, you can demand a reduction of the purchase price or withdraw from the contract at your discretion.

- The warranty period is one year from delivery of the goods.

 

§ 10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.

 

§ 11 Picture And Video Usage

(1) During the whole event pictures and videos will be recorded, which may show groups or single persons. These pictures will be used for advertising and informational purposes by the EuroGames 2020 gUG (haftungsbeschränkt). Unless explicitly disagreeing on the recording of photo and/or video material or on this passage, the agreement to the terms and conditions also includes the previously stated term.

 

§ 12 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ . We endeavour to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

 

§ 13 Final Provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

Last Update: July 2019

Based on a template from
HÄRTING Rechtsanwälte,
www.haerting.de,
vertragstexte@haerting.de 
Chausseestraße 13, 10115 Berlin,
Tel. (030) 28 30 57 40,
Fax (030) 28 30 57 4

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