Terms and conditions
§1 Scope, definitions and contract language
(1) The following General Terms and Conditions shall apply to all deliveries between us and our customers in the version valid at the time of order. Deviating general terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purposes of the ordered delivery and service cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
(3) The language available for the conclusion of any contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
§2 Conclusion of a contract, storage of the contractual text
(1) The following provisions on the conclusion of a contract apply to orders placed via our Internet shop https://shop.hybr.co .
(2) In the event of a contract being concluded, the contract shall be concluded with:
HYBR Games GmbH
Jordanstr. 2
D-01099 Dresden
(3) The presentation of the goods in our Internet shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. With the order of the desired commodity the consumer delivers a binding offer for him on conclusion of a sales contract.(4) Upon receipt of an order in our Internet shop, the following provisions shall apply: The consumer submits a binding contract offer by successfully completing the order procedure provided for in our Internet shop.
The order takes place in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the buttons "Order".
3) Checking the information in the shopping cart
4) Press the button "Checkout"
5) Login to the internet shop after registration and entry of the login details (e-mail address and password).
6) Re-check and, if necessary, correct the data entered.
7) Binding dispatch of the order by clicking the button "order for a fee" or "buy"
8) However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
Before the binding dispatch of the order, the consumer can return to the website on which the data of the customer are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his data. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With which we accept your offer.
(5) Storage of the contractual text for orders via our Internet shop: We will send you the order data and our general terms and conditions by e-mail. You can also read the general terms and conditions at any time at https://shop.hybr.co/agb.html . For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping costs, payment, due date
(1) The indicated prices include the legal value added tax and other price components. Any shipping costs will be added.
(2) The consumer has the possibility of payment by PayPal, credit card.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date. In this case he shall pay the Provider default interest for the year amounting to 5 percentage points above the base rate.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are immediately ready for dispatch. The delivery takes place the latest within 5 working days for shipping within Germany and 14 working days within European Union. In the case of advance payment, the delivery period shall commence on the day following the payment order to the bank commissioned with the transfer and, in the case of all other payment methods, on the day following the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day. For shipping outside of European Union it might take longer for the goods to arrive.
(2) The dispatch of the commodity takes place by post office dispatch. The shipping risk is borne by the supplier if the customer is a consumer.
(3) The customer has to bear the direct costs of the return in the case of a revocation.
(4) The following delivery restrictions exist: The supplier delivers only to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: worldwide except of North Korea.
§5 Retention of title
We reserve title to the goods until the purchase price has been paid in full.
§ 6 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). For entrepreneurs, the warranty period for items delivered by the supplier is 12 months.
(2) An additional guarantee exists with the goods supplied by the supplier only if this was expressly delivered in the confirmation of order to the respective article.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer's claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.
§ 8 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which the provider informs according to the statutory model below. Paragraph 2 contains a Sample withdrawal form.
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Revocation instruction
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
HYBR Games GmbH
Jordanstr. 2
D-01099 Dresden
E-Mail info@hybr.co
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory.
Consequences of revocation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over 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 contract at the latest. 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.
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(2)
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
| To:
HYBR Games GmbH Jordanstr. 2 D-01099 Dresden Germany E-Mail info@hybr.co
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication) Date |
(*) Delete as appropriate.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer has his usual stay as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.