General terms and conditions (GTC)
General terms and conditions of "Living BoTs.net"
Our general terms and conditions are binding with the sending of your order.
§ 1 – General, Scope
(1) Oliver Horscht (the provider) offers for commercial purposes, a game platform (server; hostbot) via the website at www.living-BoTs.net.
(2) Any contracts that are concluded between suppliers and customers via the website are exclusive subject to these terms and conditions (the GTC). Conflicting terms of the customer are expressly excluded herewith.
General terms and conditions
§ 2 - Contract formation and subject
The offer on the website at www.living-BoTs.net represents no legally binding offer but merely an invitation to order. Subject to change without notice. By submitting the order, the customer makes a binding offer. The purchase agreement is validified through express acceptance by the provider in the form of a confirming e-mail or through the activation of the service.
§ 3 - Prices - payment
The price to be paid by the customer for the service offered results from the fixed price that the provider is specifying in the respective description of the offer. A correction of obvious errors remains subject to the provider.
Unless the item's description is telling otherwise, the prices are stated in EURO.
VAT is not applicable, due to the small business regulation acc. § 19 UStG.
§ 4 - Contract management
Customers who order a service will immediately after the order receive an e-mail (first contact mail) summarising all details of the concluded contract that were stored by the provider.
§ 5 - Customer responsibilities
The customer shall make sure that his personal data submitted to the provider for performing the contract are correct. This accounts specifically for active e-mail and shipping addresses. The customer also warrants that receiving e-mail at the specified e-mail address is technically possible and not prevented by p. e. transfer, retirement or excess capacity.
§ 6 - Performance
The fulfillment of the provider's contractual obligation requires the timely and proper fulfillment of the customer's obligation. Objection against non-performance of the contract reserved.
The failure to meet contractual obligations or the impossibility of performance due to total or partial unavailability entitle the customer to cancel the contract after the expiry of a reasonable grace period set by him.
§ 7 - Closure of customer accounts, liability to damages
The provider has the right to terminate the customer's account with immediate effect and to exclude the customer from use, if by intentional violation of the rules of the game operator he causes bloackage of an IP number of the provider. The provider in this case is also entitled to demand refunding of the cost (rental of spare IPs, etc.) from the customer.
§ 8 - Withdrawal and consequences - revocation
You may cancel your contract within 14 days without giving reasons in writing (e. g. letter, fax, e-mail) or - if you submitted the item before the deadline - by returning the item. The time limit begins after receipt of this notification in writing.
To maintain the revocation period it is sufficient to send the revocation or item. The revocation must be sent to:
Große Annenstraße 93
Fax: ++ 49-3 22-26 40 49 11
In the case of an effective revocation, the mutually received services and any benefits (e. g. interest) have to be refunded. If you can return to us the service received not at all or only in part or only in impaired condition, you shall provide a replacement of the value. With the release of items this does not apply if the impairment is only due to a legitimate testing, as might be possible p. e. in a retail store. In addition, you can avoid the obligation to pay compensation for any impairment caused by intended use of the item if you refrain from putting the item to use as your property and from everything that could reduce its value.
You shall bear the cost of return if the delivered item correspond to those that were ordered and if the price of the item to be returned is not exceeding 40 euros or if you in the case of a higher price of the item at the time of the revocation you have not yet performed the compensation or a contractually agreed partial payment. Otherwise, the return is free of charge. Transportable items are to be returned at our expense and risk. Non-transportable items will be picked up.
Obligations to reimburse payments must be met within 30 days. The time limit begins for you when you send your revocation or the items, for us, with their reception.
Exclusion of revocation
The right of revocation does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs or which are due to their condition not suitable for return or which deteriorate quickly or whose expiration date has passed.
--------------------- End of revocation
The warranty claims are governed by the law.
§ 9 - Limitation of Liability
(1) According to legal provisions the provider is fully liable for damages from injury to life, limb or health, caused by deliberate or negligent breach of duty, as well as for other damages caused by intentional or grossly negligent breach of duty or bad faith. In addition, the provider is fully liable for damages covered by liability compliant to mandatory statutory provisions, such as the product liability law, as well as in the case of the acquisition of warranties.
(2) The provider is liable for damage not covered by (1) and caused by simple or ordinary negligence, if this negligence concerns the infringement of contractual obligations whose meeting is essential for proper execution of the contract in on whose meeting the customer may relay (cardinal obligations). In this case, the liability of the provider is limited to the typical contractual foreseeable damage.
In the case of negligent violations of contractual obligations that are covered neither by (1) nor by (2) (non-essential contractual obligations) the provider is liable to consumers - limited to the typical contractual foreseeable damage.
Any further liability is excluded. In particular the provider shall have no application for user errors.
§ 10 - Data Storage
Customer data is only stored and processed for the execution of purchase, taking into account relevant regulations. The customer always has a right to free information, correction, blocking and deletion of stored data. The customer shall request access to or change of data in writing via e-mail or mail.
Personal data, including home and e-mail address, are not be passed on to third parties without the express, always revocable consent of the customer. Excluded are service partners who require transmission of data for processing an order (e. g., the shipping company appointed with delivery and the staff responsible for processing payments). Here the extent of the data transferred is limited to the necessary minimum amount.
§ 11 - Applicable law and jurisdiction
(1) Exclusively applicable is he law of the Federal Republic of Germany excluding the UN Sales Convention.
(2) If the customer is a merchant in terms of the Commercial Code, a legal person of the public law or a public special fund, exclusive place of jurisdiction is of the residence of the provider.
Created and reviewed by lawyers Straeter & Kollegen, Münster