GTC
Terms and Conditions
1. General
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relationships between us.
StellarSales Ecommerce Limited
Unit D3, 11/F Luk Hop
Ind Bldg No 8 Luk
Hop St San Po Kong
Hong Kong
E-mail support@grind-games.de
and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German.
1.3 Conclusion of contract
The presentation of the product range in our online shop 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 your billing address and, if applicable, a different delivery address, unless you have already stored this information in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to review all the details (e.g., name, address, payment method, items ordered) and correct any input errors before confirming your order by clicking on the "Place order" button. By placing your order, you are making a binding contractual offer. We will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, post, or by notifying you that the goods have been dispatched. The contract is only concluded upon acceptance.
1.4 Storage of the contract text
The contract text is stored by us and sent to you in text form (e.g., email, fax, or post) after you have submitted your order, together with these General Terms and Conditions and customer information. However, you will no longer be able to access the contract text via the website after sending your order. You can print out the relevant website with the contract text using the print function of your browser.
2. Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, you will not incur any additional shipping costs in the event of partial deliveries.
2.2 Delays in delivery and performance
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented even with the utmost care on our part 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 a corresponding covering transaction) entitle us to postpone delivery for the duration of the hindering event.
2.3 Exclusion of delivery
Post office box addresses will not be delivered to.
2.4 Default of 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 delay or non-performance. During the period of default of acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Performance period
Unless expressly agreed otherwise, delivery by us shall take place within 5 days. In the case of prepayment, the delivery period shall commence on the day after the payment order is issued to the transferring credit institution or, in the case of cash on delivery or purchase on account, on the day after the conclusion of the contract. The period ends on the fifth day thereafter. 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 include sales tax.
3.2 Late payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of default, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. If you are in default of payment, we reserve the right to charge reminder fees of €2.50. We reserve the right to claim further damages. You retain the right to prove that we have incurred no or less damage.
3.3 Right of retention
You may only 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 contracts
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods/the last goods.
To exercise your right of withdrawal, you must inform us (StellarSales Ecommerce Limited, Unit D3, 11/F Luk Hop, Ind Bldg No 8 Luk, Hop St San Po Kong, Hong Kong, email: support@grind-games.de)of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. 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 proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.
You 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 testing their condition, properties, and functionality.
– 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 that is not stored on a physical data carrier (e.g., downloads), your right of withdrawal expires prematurely if the entrepreneur has begun to execute the contract after you have expressly agreed that the entrepreneur will begin executing the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal by agreeing to the commencement of the execution of the contract. This applies in particular to finished accounts, product licenses/codes, and all orders that have already been fulfilled by the company.
5. Discount codes
5.1 General
Discount codes are codes that cannot be purchased, but are issued by us as part of advertising campaigns with a specific period of validity.
5.2 Usability and validity
Discount codes can only be redeemed during the specified period and only once per order. Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The discount code cannot be transferred to third parties. Multiple discount codes cannot be combined unless we have agreed otherwise.
6. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claims or compensation you receive for damage, destruction, or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. In this case, taking back the item does not constitute a withdrawal from the contract, unless we expressly declare this in writing.
7. Warranty for the purchase agreement
7.1 General
Statutory warranty rights apply. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular, technical and design deviations (e.g., color, weight, dimensions, design, scale, positioning, etc.) may occur with regard to the descriptions, illustrations, and information in our offers, brochures, catalogs, on the website, and in other documents, provided that these changes are reasonable for you. Such reasonable reasons for change may result from customary fluctuations and technical production processes. If guarantees are provided in addition to warranty claims, you will find the exact conditions for each product. Possible guarantees do not affect warranty rights.
7.2 Warranty claim
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. In doing so, the risk of accidental loss or deterioration of the item shall pass to you upon handover to the person designated for transport. You must report obvious defects immediately and non-obvious defects immediately upon discovery in writing; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. You bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect, and for the timeliness of the notification of defects.
7.3 Rights in the event of minor defects
In the event of a minor defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
7.4 Compensation for defects
No warranty is provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.
8. Reviews
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 information to the best of your knowledge and belief. Submitted evaluations may be reviewed by us for admissibility. We are entitled, but not obliged, to publish evaluations on our website and make them visible to all users.
8.2 Abusive or illegal reviews
Abusive or illegal reviews will be deactivated or deleted by us without prior notice. This applies in particular if false, offensive, or other illegal information is provided, or if the reviews are misused as advertising space.
9. Usability of the services
9.1 Further development of the service / availability
We endeavor 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 impair the core services and are reasonable for the contractual partner, taking into account their interests. We are also entitled to interrupt the operation of the website in whole or in part for the purposes of updating and maintenance within reasonable limits. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee 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
Use of the website requires compatible devices. It is your responsibility to set up or maintain the device in a condition that enables the use of the website services.
10. Liability
10.1 Disclaimer
We, our legal representatives, and our vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. In this case, liability shall be limited to foreseeable damage typical for this type of contract. In the case of grossly negligent breaches of non-essential contractual obligations, we shall only be liable to entrepreneurs for the foreseeable damage typical for this type of contract.
10.2 Reservation of liability
The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
11. Final provisions
11.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is our registered office, 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 under your home country's law dictate otherwise, German law shall apply, excluding 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 (ODR 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 dispute resolution proceedings 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.