1. general

1.1 Scope of Application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us CreativeTube UG (haftungsbeschränkt), Mr. Emilio Donaubauer, Kreuzweg 4A, 56828 Alflen and you. If you use conflicting general terms and conditions, they are hereby expressly contradicted.

1.2 Contract agreement
Contract language is German.


1.3 Conclusion of contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data, including billing address and, if applicable, different delivery address, unless you have already entered them in your customer account. In the third step you select the desired payment method. In the fourth step you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With the order you declare bindingly your contract offer. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract shall only be concluded upon acceptance.

1.4 Storage of the contract text
The text of the contract will be stored by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your order together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the text of the contract via the website after you have sent your order. You can use the print function of the browser to print out the relevant website with the contract text.

 

2 Delivery

 

2.1 Partial deliveries

We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

 

2.2 Delays in delivery and performance

Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite covering transactions to this effect) shall entitle us to postpone the delivery by the duration of the impeding event.

 

2.3 Exclusion of delivery

Post office box addresses shall not be supplied.

 

2.4 Delay in acceptance

If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or for non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.

 

2.5 Time of performance

Unless expressly agreed otherwise, delivery by us shall be made within 5 days. The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of payment on delivery or purchase on account. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.

3. payment

3.1 Prices
All prices are inclusive of value added tax.


3.2 Default of payment

You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.


3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

4. cancellation policy for consumers in distance selling contracts

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods / the last goods.

To exercise your right of withdrawal, you must contact us (CreativeTube UG (haftungsbeschränkt) Kreuzweg 4A, 56828 Alflen, Phone: +49 157 54614385
, e-mail: support@loot4games.gg) about your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

- End of the cancellation policy -

Special information on the premature expiry of the right of withdrawal
In the case of a contract for the delivery of digital content not on a physical data carrier (e.g. downloads), your right of revocation shall expire prematurely if the entrepreneur has commenced performance of the contract after you have expressly consented to the entrepreneur commencing performance of the contract prior to the expiry of the revocation period and you have confirmed your knowledge that your right of revocation shall expire upon commencement of performance of the contract as a result of your consent. This concerns in particular ready accounts as well as product licenses / codes and all orders that have already been made by the company.


5. discount codes

 

5.1 General

Discount codes are codes that cannot be purchased, but which we issue as part of promotional campaigns with a certain period of validity.

 

5.2 Usability and validity

Discount codes are only redeemable in the specified period and only once as part of an order transaction. Promotion vouchers can only be redeemed before the order process is completed. A subsequent crediting is not possible. The discount code cannot be transferred to third parties. Multiple discount codes cannot be combined with each other, unless we have agreed otherwise.

6. reservation of proprietary rights
The delivered goods remain our property until full payment of the purchase price. You have to treat the goods under simple reservation of proprietary rights with care at any time. You assign to us any claim or compensation you may receive for damage, destruction or loss of the delivered goods. If you act contrary to the contract, especially in case of default of payment, we are entitled to take back the purchased goods. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in text form.

7. warranty with the purchase contract

7.1 General
There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (eg color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.

7.2 Warranty claim
In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. You must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

7.3 Rights in case of insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.

7.4 Compensation for defects
No warranty shall be provided for damage resulting from improper handling or use. The following exclusion of liability is expressly referred to.

 

8. valuations

 

8.1 General

We give you the opportunity to evaluate the offers and services of our providers. In doing so, you are obliged to provide the information to the best of your knowledge and belief. Submitted evaluations can be editorially reviewed by us for their admissibility. We are entitled, but not obliged, to publish ratings on our website and make them visible to all users.

 

8.2 Abusive or illegal ratings

Abusive or illegal ratings will be deactivated or deleted by us without prior notice. This is especially the case if false, insulting or other illegal information is given, or if the ratings are misused as advertising space.

9 Usability of the services

9.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.

9.2 Technical requirements
The use of the website requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the website services.

 

10 Liability

10.1 Disclaimer
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.

10.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.


11. final provisions

11.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

11.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.