Basic Provisions
1.1. Transactions with Gamecardshop (hereinafter “seller”) take place exclusively on the basis of these terms and conditions (hereinafter “T&Cs”). Therefore, they also apply to all future business relationships, even if they are not expressly agreed upon again. The buyer's (hereinafter “customer”) references to their own terms and conditions are hereby contradicted.
1.2. These T&Cs apply to both consumers (§ 13 German Civil Code) and entrepreneurs (§ 14 German Civil Code). Where the following terms and conditions do not contain a separate note, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3. Additions or amendments to the terms require written confirmation from the transport company. The original purchase order is decisive for the contract's content.
1.4. We may make amendments to the design and shape of the Goods, provided that such amendments are not of a fundamental nature and that the contractual purpose is not materially limited.
1.5 By submitting the order in accordance with point 2.2, the customer accepts these T&Cs.
2. Conclusion of the contract
2.1. The subject of the contract is the sale of downloadable products (digital content not delivered on a physical medium, such as product keys available in digital format, access codes, or other information available in digital format), including their associated licences. By listing the respective downloadable product on our website, we make a binding offer to the customer to conclude a contract on the terms and conditions specified in the item description.
2.2. In the case of a contract for the delivery of digital goods, in the case of a contract for the delivery of software (hereinafter referred to as “software purchase”), the seller owes the permanent transfer of the software specified in the license certificate in object code. The seller is obliged to report the possibility of downloading the software and to provide a printed or downloadable version of the associated user documentation. Before full payment of the purchase price in accordance with paragraph 8, the user documentation provided is subject to the seller's retention of title. The nature of the software is determined by the product description in the respective online shop or marketplace of the seller. The seller must also grant the rights referred to in point 4.8.
2.3. The contract is concluded via the online shopping cart system: the customer places the selected products in the virtual shopping cart and completes the electronic ordering process. By clicking the button to complete the ordering process, the customer makes a legally binding contractual offer relating to the products contained in the shopping cart. 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 the customer to pay after placing the order. This also includes selecting a payment method in the ordering process, through which payment is made before the ordered products are dispatched. The offer acceptance period commences on the day after the customer's offer is sent and ends at the close 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 will no longer be bound by their declaration of intent.
2.5. The processing of the order and the transmission of all information necessary for the conclusion of the contract occur via e-mail, as does the delivery of downloadable products. Therefore, the customer must ensure that the e-mail address provided to us 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. You can find more information about the right of withdrawal in the seller's cancellation policy.
The customer has the right to cancel this contract within 14 days of the date the contract is concluded, without providing any reason, but not before receipt of the goods and the cancellation policy in text form via email.
4. Warranty
4.1. Statutory warranty rights apply.
4.2. The customer is invited to immediately check the integrity and any obvious defects of the item after delivery, and to inform us of any complaints as soon as possible. If the customer fails to fulfil this obligation, this does not affect their statutory warranty rights.
4.3. With regard to the quality of the item, only our information and the manufacturer's product description are considered binding, but not other advertising, public promotions or statements by the manufacturer.
4.4. The warranty period is one year from the delivery of the goods. The reduced term does not apply:
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to damages caused by us culpably resulting in harm to life, body or health, as well as other damages caused intentionally or by gross negligence;
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to the extent that we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
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in the event of any legal recourse rights that the customer may have against us in relation to warranty rights.
4.5. If the customer refuses delivery by the seller for a reason other than a significant defect that severely limits or makes its use impossible, even if the seller has declared their willingness to fulfil the contract, the customer is in default of acceptance. Acceptance of delivery cannot be refused for insignificant defects.
4.6. The warranty does not cover defects due to improper use, modifications to system components contrary to the contractual basis, use of inadequate organisational means, use in a hardware or software environment that does not meet the requirements indicated in the licence certificate, unusual operating conditions, or interventions in the system by the customer or third parties.
If the goods are used together with third-party devices, the warranty for functional and performance defects only exists if such defects also occur without such a connection, or if compatibility with such elements is part of the contractually agreed quality.
4.7. If a delivery is defective, the seller may choose whether to rectify the defect (repair) or provide a defect-free item (replacement). In the latter case, the customer is obligated, at the seller's request and in accordance with legal provisions, to return the defective goods.
If the customer is a consumer, the above applies with the clarification that use must not be returned or compensated for its value.
The customer must grant the seller the necessary time and opportunity for subsequent performance, in particular for repair.
4.8. Grant of Rights in Software Supply Agreements
Following full payment of the purchase price, the customer is granted a non-exclusive, perpetual right to use the software, to the extent established in the contract.
The seller may, at their discretion, temporarily authorise the use of the software before receiving full payment.
The software may only be used simultaneously by a maximum number of natural persons corresponding to the number of licenses purchased by the customer.
Permitted use includes installation of the software, loading into main memory, and use in accordance with its intended purpose.
In no event shall the customer have the right to rent, sublicense, publicly reproduce, make available via wire or wirelessly, or make available the software to third parties, whether for a fee or free of charge. Clause 4.9(c) remains unchanged.
4.9. Further usage rights
a) The customer is entitled to create a backup copy of the software, if necessary, to ensure its future use.
b) The customer may permanently transfer the purchased copy of the software, including any related documentation, to a third party. In such a case, the customer must completely cease use of the software, delete all installed copies from their systems, and delete or hand over to the seller any copies stored on other data media, unless storage is legally required.
c) The customer must ensure that the third party expressly agrees to comply with the scope of rights granted under this Section 4.9. The subdivision of purchased license packages is strictly prohibited.
5. Prices and Payment Terms
5.1. Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
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 borne by the customer. These include, for example, costs of money transfers by banks (e.g., transfer fees, 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 made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3. Payment options will be communicated to the customer on the seller's online shop or the respective marketplace.
5.4. If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5.5. When paying 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 is processed via PayPal, subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6. If the customer is in default, we are entitled to charge interest at the rate applied by commercial banks for current account overdrafts, but at least 4% above the Bundesbank’s discount rate, plus the applicable statutory value added tax. Interest is payable immediately.
6. Delivery and shipping conditions
6.1. The digital content is made available to the customer in electronic form as a download by providing a download link. Product keys are sent to the customer via email.
7. Retention of Title
7.1. We reserve ownership of the goods until full payment of all claims owed to us under our business relationship with the customer.
7.2. The assertion of retention of title does not constitute a withdrawal from the contract. However, we are authorised to dispose of the goods for which retention of title has been claimed in another way after a reasonable period of time 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 authorised 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 of the German Commercial Code (HGB) does not apply to consumers.
8.2. With the commencement of the business relationship, customer data, which may include personal data, will be stored and, to the extent 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 and private law. For consumers, this choice of law shall only apply insofar as the mandatory provisions of the law of the state in which the consumer has his habitual residence afford wider protection.
8.4. The exclusive competent court for all disputes arising from and related to the contracts to which these GTCs apply shall be the seller's registered office; however, the seller reserves the right to sue the customer in any legally permissible court. This provision does not apply to consumers.
