1. Basic provisions
1.1. Deliveries, services and offers from Gamecardshop. Shops with Gamecardshop (hereinafter “Seller”) shall be made exclusively on the basis of these terms and conditions (hereinafter “Terms”). They shall therefore also apply to all future business relationships, even if they are not expressly agreed upon again. The Seller hereby objects to any conflicting terms and conditions of the Buyer (hereinafter “Customer”).
1.2. These General Terms and Conditions apply to both consumers (§ 13 of the German Civil Code) and businesses (§ 14 of the German Civil Code). Where the following conditions do not contain any special indication, all conditions apply equally to contracts with businesses and consumers.
1.3. Amendments or changes to the terms and conditions require written confirmation from the transport company. The original order shall be decisive for the content of the contract.
1.4. We are entitled to make design and shape modifications to the goods, provided that these modifications are not of a fundamental nature and that the purpose of the contract is not significantly impaired.
1.5 By placing an order in accordance with clause 2.2, the customer acknowledges these T&Cs.
2. Conclusion of the contract
2.1. The subject matter of the contract is the sale of download products (digital content that is not supplied on a physical medium, such as digitally available product keys, access codes, or other digitally available information) including associated licences. By listing the respective download product on our website, we make a binding offer to the customer to conclude a contract on the terms stated in the product description.
2.2. In the case of a contract for the supply of digital goods, the seller is obliged, in the case of a contract for the supply of software (hereinafter referred to as: “software purchase”), to provide the software specified in the license key in object code on a permanent basis. The seller is obliged to point out the possibility of downloading the software and to provide a printed or downloadable version of the associated user documentation. The supplied user documentation remains subject to the seller's retention of title until the purchase price has been paid in full in accordance with Section 8. The specifications of the software are determined by the description of the respective product in the seller's respective online shop or marketplace. The seller must also grant the rights in accordance with Section 4.8.
2.3. The contract is concluded via the online shopping basket system: The customer places the selected products in the virtual shopping basket and completes the electronic ordering process. By clicking on the button to complete the ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping basket. The customer can also submit the offer to the seller via e-mail.
2.4. The seller may accept the customer's offer within five days by requesting payment from the customer after their order. This also includes selecting a payment method during the ordering process, whereby payment is made before the ordered products are dispatched. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the expiry of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.5. The processing of the order and the transmission of all information required for the conclusion of the contract shall be carried out by e-mail, as shall the delivery of downloadable products. The Customer must therefore ensure that the e-mail address provided by them is correct and that SPAM filters do not prevent the receipt of e-mails.
3. Right of withdrawal
3.1. Consumers generally have a right of withdrawal.
3.2. Further information about the right of withdrawal can be found in the seller's withdrawal policy.
3.3 You have the right to revoke this contract for an unlimited period from the date of conclusion of the contract without stating any reasons, but not before receipt of the goods and the cancellation policy in text form via email.
4. Warranty
The statutory warranty rights apply.
4.2. The customer is asked to check the goods for completeness and obvious defects after delivery and to inform us of any complaints as soon as possible. If the customer fails to do so, this shall not affect their statutory warranty claims.
4.3. With regard to the quality of the goods, only our own specifications and the manufacturer's product description shall be deemed agreed, but not any other advertising, public praise or statements by the manufacturer.
4.4. The warranty period is one year from the delivery of the goods. The reduced period does not apply:
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for damages arising from injury to life, body, or health, based on an intentional or negligent breach of duty on our part, as well as for other damages caused intentionally or by gross negligence;
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as far as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
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in respect of statutory recourse claims that the customer has against us in connection with warranty claims.
4.5. If the customer refuses to accept the delivery for a reason other than a significant defect which severely restricts or prevents its use, even though the seller has declared their readiness to perform, the customer shall be in default of acceptance. Acceptance may not be refused in the case of insignificant defects.
4.6. The warranty does not cover defects caused by improper operation, modifications to system components made contrary to the contractual basis, use of unsuitable organisational measures, use in a hardware or software environment that does not meet the requirements of the licence certificate, unusual operating conditions, or interference by the customer or third parties with the system. If the goods are used with third-party devices, warranty coverage for functional and performance errors will only apply if such errors also occur without this connection or if compatibility with these elements has been contractually agreed.
4.3.7. If a delivery is defective, the seller may, at his discretion, remedy the defect (subsequent performance) or deliver a defect-free item (replacement delivery). In the latter case, the customer is obliged to return the defective goods at the seller's request in accordance with statutory provisions. If the customer is a consumer, the preceding sentence applies with the proviso that benefits accrued may neither be surrendered nor replaced by their value. The customer must grant the seller time and opportunity for subsequent performance, in particular for subsequent repair.
4.8. Granting of Rights in Software Supply Agreements
Upon full payment of the purchase price, the customer is granted a non-exclusive, perpetual right of use to the software within the contractually defined scope. The seller may, at their own discretion, temporarily permit the use of the software prior to receiving full payment.
The software may only be used simultaneously by as many natural persons as licences have been acquired by the customer. Permitted use includes the installation of the software, loading it into main memory, and its intended use.
The customer is not entitled, under any circumstances, to rent, sublicense, publicly display, make accessible via cable or wirelessly, or otherwise make available to third parties the Software, whether for payment or free of charge. Section 4.9(c) remains unaffected.
4.9. Further usage rights
a) The customer is entitled to create a backup copy of the software, insofar as this is necessary to ensure future use.
b) The customer may permanently transfer the acquired copy of the software, including the associated documentation, to a third party. In this case, the customer must cease using the software entirely, delete all installed copies from their systems, and delete or hand over any copies stored on other data carriers to the seller, unless there is a legal retention obligation.
c) The customer must ensure that the third party expressly declares their compliance with the scope of the rights granted in this section 4.9. The splitting of acquired volume packages is strictly prohibited.
5. Prices and Payment Terms
5.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices inclusive of statutory VAT. Any additional delivery and shipping costs will be stated separately in the description of the respective product.
5.2. For shipments to countries outside the European Union, additional costs may arise in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in connection with the money transfer if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3. The payment option(s) will be made known to the customer in the seller's online shop or on the respective marketplace.
5.4. If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5. If payment is made using a payment method offered by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), the payment will be processed via PayPal and is subject to PayPal's terms of service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the customer does not have a PayPal account, to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6. Should the customer be in default, we shall be entitled to charge interest at the rate charged by commercial banks for outstanding overdraft facilities, but not less than 4% above the Bundesbank discount rate, plus the applicable statutory value-added tax. Interest is payable immediately.
6. Terms of Delivery and Shipping
6.1. The digital content will be made available to the customer in electronic form as a download by providing a download link. The product keys will be sent to the customer by email.
7. Retention of Title
7.1. We retain title to the goods until full payment of all claims arising from our business relationship with the customer.
7.2. The assertion of the retention of title does not constitute a withdrawal from the contract. However, we are entitled, after a reasonable period, to dispose of the reserved goods otherwise and to deliver the same or equivalent goods to the customer upon full payment of the purchase price.
8. Final Provisions
8.1. The contractual partner is only entitled to assign rights and claims arising from the contractual relationship to third parties with the prior written consent of the seller. Section 354a of the German Commercial Code (HGB) remains unaffected; Section 354a HGB does not apply to consumers.
8.2. From the commencement of the business relationship, customer data, which may also include personal data, will be stored and, insofar as this is necessary for the execution of the order, processed and transmitted.
8.3. German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any references to international procedural law and private international law. For consumers, this choice of law shall only apply insofar as mandatory provisions of the law of the state in which the consumer has his habitual residence grant further protection.
8.4. The exclusive place of jurisdiction for all disputes arising from or in connection with the contracts to which these GTC apply shall be the seller's registered office; however, the seller reserves the right to sue the customer at any legally permissible court. This provision does not apply to consumers.
