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terms and conditions

General Terms and Conditions of Sale
Scope of application

These terms and conditions apply to all purchases from INGM GmbH https://gamers.land/impressum made by private customers.

Private customers in this sense are persons with a residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.

By placing an order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you have provided.

Prices and shipping costs

The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. Shipping costs, which depend on the shipping method and the size and weight of the item(s) ordered by you, are added. You can find out about the details at https://gamers.land/versandkosten. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of cancellation https://gamers.land/widerruf. If you exercise your right of withdrawal, we will also refund the shipping costs.

 

Payment

Payment is made on delivery by

            – credit card

            – Giropay

            – PayPal

            – Skrill

            – Coinpayments

Default of payment

If you are in default of payment, INGM GmbH shall be entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In the event that INGM GmbH can be shown to have incurred higher damages as a result of the delay, INGM GmbH shall be entitled to assert such damages.

Right of retention

The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            – Germany

            – Poland

            – Czech Republic

            – Switzerland

            – France, Luxembourg

            – Luxembourg

            – Belgium

            – The Netherlands

            – Europe

            – USA, CHINA
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or other service permanently impossible, an obligation to perform on the part of INGM GmbH is excluded. Amounts already paid shall be refunded by INGM GmbH without delay.

(3) INGM GmbH can also refuse performance if this requires an effort which is grossly disproportionate to the customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid shall be refunded by INGM GmbH without delay.

(4) Bulky goods (packages with a larger volume than 1 sqm) are usually delivered by a forwarding agent. INGM GmbH expressly points out that these goods will not be carried into the house. 

Favourable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be liable to pay us the increased costs compared to a cheaper shipping method.

Retention of title

The delivered goods shall remain the property of INGM GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

 

Defect rights

(1) A product which is already defective upon delivery (warranty case) shall be replaced by a defect-free product or repaired professionally (supplementary performance) at the customer’s discretion and at INGM GmbH’s expense. The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, INGM GmbH does not provide any warranty for a fault that has arisen due to improper repair by a service partner not authorised by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in consideration of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer’s claim is limited to the respective other type of supplementary performance. The right of INGM GmbH to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected. 

(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product to the return address specified by INGM GmbH at the expense of INGM GmbH, stating the order number. Prior to sending in the product, the customer must remove any objects inserted by him/her from the product. INGM GmbH is not obliged to inspect the product for the insertion of such items. INGM GmbH shall not be liable for the loss of such items, unless it was readily apparent to INGM GmbH at the time of taking back the product that such an item had been inserted into the product (in this case INGM GmbH shall inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and to reactivate the passwords. 

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if INGM GmbH is responsible for the deterioration or loss or if the damage would also have occurred at INGM GmbH,
c) if the deterioration or loss has occurred at the customer’s premises although the customer has exercised the care which he is accustomed to exercising in his own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be in accordance with the statutory provisions.

(7) The customer may choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions. 

(9) The legal warranty of INGM GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence, INGM GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in the case of injury to life, limb and health. INGM GmbH shall not be liable for other damages caused by slight negligence due to a defect in the object of purchase.

(2) Irrespective of fault on the part of INGM GmbH, liability on the part of INGM GmbH remains unaffected in the case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by INGM GmbH.

(3) INGM GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred with timely delivery.

(4) The personal liability of the legal representatives, vicarious agents and employees of INGM GmbH for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and INGM GmbH is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Monheim a.R..

Dispute resolution

General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.