TOS

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming Promotional Vouchers
10. Redeeming Gift Vouchers
11. Code of Conduct
12. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “TOS”) of HATOR GAMING B.V. (hereinafter referred to as “we/us”) apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter referred to as “you”) conclude with us with regard to the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.

1.3 For the purposes of these General Terms and Conditions, you are a consumer if you enter into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 For the purposes of these General Terms and Conditions, you are considered an entrepreneur if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve as a basis for you to submit a binding offer.

2.2 You can submit your offer using the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare our acceptance of your offer at the moment you click the button that completes the ordering process.

2.5 When you submit an offer via our company's online order form, we will store the contract text after the contract has been concluded and send it to you in text form (e.g., email, fax, or letter) after you have submitted your order. We will not make the contract text available beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account by entering the relevant login data.

2.6 Before placing a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the button that completes the ordering process.

2.7 You can choose from different languages for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that the emails we send can be received at this address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who are not citizens of a European Union member state at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If you select a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal where we make advance payments to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. We reserve the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, we remain responsible for general customer enquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, revocation declarations and returns, or credit notes.

4.5 Bei Auswahl der Zahlungsart „SOFORT “ erfolgt die Zahlungsabwicklung über den Zahlungsdienstleister SOFORT GmbH, Theresienhöhe 12, 80339 München (im Folgenden „SOFORT“). Um den Rechnungsbetrag über „SOFORT“ bezahlen zu können, musst du über ein für die Teilnahme an „SOFORT“ frei geschaltetes Online-Banking-Konto verfügen, dich beim Zahlungsvorgang entsprechend legitimieren und die Zahlungsanweisung gegenüber „SOFORT“ bestätigen. Die Zahlungstransaktion wird unmittelbar danach von „SOFORT“ durchgeführt und dein Bankkonto belastet. Nähere Informationen zur Zahlungsart „SOFORT“ kannst du im Internet unter https://www.klarna.com/sofort/ abrufen.

4.6 If you select a payment method offered via the payment service “Shopify Payments,” payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are listed in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be pointed out to you separately if necessary. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If you select a payment method offered via the payment service “mollie,” payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as “mollie”). The individual payment methods offered via mollie will be communicated to you in our online shop. To process payments, mollie may use other payment services for which special payment terms may apply, which will be pointed out to you separately if necessary. Further information about “mollie” is available on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions set out in our withdrawal policy shall apply to the return shipping costs.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to you or a person authorized to receive the goods upon delivery of the goods to you or such person. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you even if you are acting as a consumer as soon as we have delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• by email

6) Retention of title

If we make advance deliveries, we retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.1 If you are trading as a business,

• we have the choice of the type of subsequent performance;
• for new goods, the limitation period for warranty rights is one year from delivery of the goods;
• for used goods, warranty rights are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortened periods do not apply

• to your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• to any obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you are acting as a consumer, you are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform us thereof. Failure to do so shall have no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 We shall be liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, limb, or health,
• on the basis of a guarantee promise, unless otherwise specified,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If we negligently breach an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless we are liable without limitation in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific period of validity and which you cannot purchase (hereinafter referred to as “promotional vouchers”) can only be redeemed in our online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of your promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 You can only redeem one promotional voucher per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. We will not refund any remaining credit.

9.6 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to settle the difference.

9.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

9.8 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

9.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. We are entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via our online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in our online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining credit will be credited to you until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Several gift vouchers can be redeemed for one order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.

10.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.

10.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. We are entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Code of Conduct

We have submitted to the guidelines for “Google Customer Reviews,” which can be viewed online at https://support.google.com/merchants/topic/7105962.

We have submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.