General terms and conditions of business

 

§ 1 Scope

 

These terms and conditions (T&Cs) apply to transactions between you and us, 
of the company:
 

• Bloodmoongaming, owner Michael Langer,
  Zurich street 10
  71034 Boeblingen
  Germany
  
  contracts concluded via this online shop.

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§ 2 Applicable law, mandatory consumer protection regulations

The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

§ 3 Conclusion of contract

(1) The presentation of the goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).

(2) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet represent acceptance of your contract offer. A contract between you and us is formed as soon as we accept your order and/or booking by a separate email or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.

(3) You can select goods for purchase and/or services for booking in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the item in the shopping cart and entering all the necessary order and address data in the next step, pressing the “Next” button opens a page in which the essential item details, including the costs incurred, are summarized again. Up to this point in time, you can correct your entries or refrain from entering into a contract. A binding offer within the meaning of paragraph 2 is only made when you then click on the “Order with obligation to pay” button.

 

§ 4 Correction notice

As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services entirely. If you have stored goods or services there, clicking on the "Next" button will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, data or the desired quantity) by clicking on "Edit" in the respective field. If you want to cancel the ordering process completely, you can simply close your browser window. Otherwise your declaration will become binding within the meaning of Section 3 (2) of these General Terms and Conditions after you have clicked on the confirmation button “Order with obligation to pay”.

 

§ 5 Storage of the text of the contract

The contractual provisions with information on the ordered goods and/or booked services, including these general terms and conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification of this. We do not store the contractual provisions.

 

§ 6 Collection, storage and processing of your personal data

(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time. You can simply log into your customer account before or as part of an order with your e-mail address and the password you chose when registering.

(2) In order to carry out and process an order, we need the following data from you:

• First and Last Name

• E-mail address

• mailing address

(3) If you want to create a customer account, we need the data specified in paragraph 2 and a password of your choice.

(4) Without your separate consent, we will only use the data you have provided to fulfill and process your order(s), for example to deliver goods to the address you have provided. When paying by bank transfer, we also use your bank details to process the payment. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the option of giving this consent before placing your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.

(5) The data you provide will remain stored in your customer account until you delete it yourself. In addition, or if you only order or book as a guest without creating a customer account, we only store your data within the scope of our tax and commercial obligations.

(6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging in under "My Account".

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§ 7 Terms of Payment

The purchase price is due immediately upon ordering. The goods are paid for in advance by bank transfer, by credit card, on account, by Paypal or by direct debit via our payment service provider (we use the “SSL” transmission method to encrypt your personal data).
Our bank details are: 

• Kreissparkasse Böblingen 
  IBAN: DE62 6035 0130 0001 1158 91
  BIC: BBKRDE6BXXX
  Account Owner: Michael Langer

 

§ 8 Retention of title

The goods remain our property until full payment. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.

 

§ 9 Terms of Delivery

We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

 

§ 10 Right of Withdrawal

As a consumer, you are entitled to a right of withdrawal in accordance with the instructions given in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

 

§ 11 Warranty for purchases of goods

The warranty for defects in the purchased goods is based on the statutory provisions. This applies regardless of your statutory right of withdrawal in accordance with Section 10. We are only liable for damages in accordance with Section 12.

 

Section 12 Limitation of Liability

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.

 

§ 13 Final Provisions

(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.

(2) If you had your domicile or habitual residence in Germany when the contract was concluded and either relocated from Germany at the time we filed a lawsuit or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is our registered office company in Sindelfingen.

(3) We would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr However, according to § 36 VSBG we would like to point out that we do not have an out-of-court dispute settlement procedure participate in a consumer arbitration board. Our e-mail address is: shop@bloodmoongaming.de

(4) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.

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