§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Demons Run Amok Entertainment GmbH) via the website www.demonsrunamok.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order details are displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal/PayPal Express, Amazon Payments, Postpay, Sofort), you will either be taken directly to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selections or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review and change all the information (including using your browser’s “back” button) or cancel the purchase.
By submitting your order via the “Place order” button, you are legally accepting the offer, thereby concluding the contract.

(4) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g. by email), which you can accept within 5 days.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

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

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) For used goods, the warranty period, notwithstanding the statutory provisions, is one year from delivery of the goods. This reduction of the warranty period does not apply:

• Damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.

(3) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

§ 6 Youth Protection

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective product description.

(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery, who have reached the legally required minimum age, receive the goods.

(3) Insofar as we are obliged to carry out an age check due to legal provisions, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for age verification.

(4) If, in the respective product description, we specify that you must be 18 years of age or older to purchase the goods, in addition to the legally required minimum age, paragraphs 1-3 above shall apply, with the proviso that the legally required minimum age is replaced by the age of majority.

II. Customer Information

1. Seller’s identity

Demons Run Amok Entertainment GmbH
Friedhofstr. 8
77790 Steinach
Germany
Phone: +49 7832 67386
Email: info@demonsrunamok.de

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

2. Information on how the contract came about

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of “Formation of the Contract” in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser’s print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices.

5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.

5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that are beyond our control […]

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery conditions

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental damage to the goods sold during shipment only passes to you upon delivery of the goods […]

7. Statutory warranty rights

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

Last updated: December 7, 2017