TERMS AND CONDITIONS
Important: Contract language is German. Any translations into other languages are expressly non-binding.
1. SCOPE, CUSTOMER INFORMATION
(1) The following general terms and conditions of business (GTC) govern the contractual relationship between MYTANDO UG (hereinafter referred to as "MYTANDO") and the consumers or entrepreneurs, hereinafter referred to as the "Customer", who have access to our shop MYTANDO-Online-Shop (www.mytando.de and www.mytando.com), order goods and services. Terms and conditions which deviate from or deviate from our terms and conditions are not recognized by us. The contract language is German. Any translations into other languages are expressly not binding.
(2) These regulations do not have a reversing or altering effect on the regulations and regulations of other parties (third parties) with whom the customer may be in a contractual relationship.
2. CONCLUSION OF CONTRACT
(1) All offers on our internet resources are non-committal invitation to you to order goods.
(2) You can add one or more products or services to your shopping cart. In the course of the ordering process, you enter your data and requests regarding payment methods, delivery modalities, etc. Only by clicking the order button you enter a binding offer to conclude a purchase contract.
(3) We are entitled to accept your offer by e-mail within 3 working days by sending an order confirmation. After expiry of the deadline stated in sentence 1, your offer shall be deemed to be rejected, that is, you are no longer bound by your offer.
(4) For the provision of services from the category “leveling” (playing time) MYTANDO and the customer are concluded a fee-based agency agreement. MYTANDO hereby undertakes to transmit the order of the customer to the service provider who will be able to provide the desired services (playing time) as soon as possible at the agreed price. The company handles the selection of service providers, commissioning, quality control, and reporting and payment management. For the contractual relationship between the customer and the service provider, the terms and conditions of the contracted service provider apply, which can be provided upon request. No additional fees or costs are incurred by the customer for the agency activity.
3. CUSTOMER INFORMATION: STORAGE OF YOUR ORDER DATA
Your order with details of the concluded contract (for example type of product or service, price, etc.) will be stored by us. We will send you the terms and conditions, but you can also call the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer's Login area (My user account).
4. CUSTOMER INFORMATION: PRICES, PAYMENT AND CORRECTION INSTRUCTIONS
(1) All prices are final prices incl. VAT. Possible costs for packaging and shipping are not included and are shown separately.
(2) Payment can be made by credit card, PayPal, direct transfer or bank transfer.
(3) You can correct your entries at any time before submitting the order with the delete key. We will inform you about further corrective options on the way through the ordering process. You can also complete the ordering process at any time by closing the browser window.
5. LIMITATION OF YOUR WARRANTY CLAIMS
(1) Our goods and services are legally protected.
(2) Warranty against consumers of second-hand goods: Your claims for defects in used goods shall be statute-barred one year after delivery of the sold item to you. Excluded from this rule are claims for damages, claims for defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the composition of the goods. For these excluded claims, the statutory limitation periods apply.
(3) Warranty against entrepreneurs: Your warranty claims due to defects of the purchased goods become statute barred in one year from risk transfer. Excluded from this rule are claims for damages, claims for defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the composition of the goods. Also excluded is the recourse claim according to § 478 BGB. For these excluded claims, the statutory limitation periods apply.
6. LIMITATION OF LIABILITY
(1) We exclude the liability for slightly negligent breaches of duty, insofar as these do not affect any essential contractual obligations, damages from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include, in particular, the obligation to hand over the goods to you and to provide you with the property. Furthermore we have the matter free of material and legal deficiencies to procure. When the goods or service ordered, e.g. by final confirmation by email, is the responsibility of the customer. MYTANDO will no longer accept any liability for loss or damage from this date.
(2) MYTANDO assumes no liability for any contradictory contractual provisions of other parties. Damages or disadvantages caused by the activities of a third party cannot be placed at our expense and are thus excluded from liability.
(3) We expressly point out that some game providers do not permit the access of several users to a game account (so-called "community use") in your GTCs. Failure to comply with these regulations could lead to sanctions on the part of the game provider. MYTANDO excludes all liability for the actions / actions of the game providers. This also applies if the measures are carried out on the basis of the services provided. If the game provider imposes a sanction against the customer (for example, blocking the account, changing the game contests, etc.), MYTANDO will refund the purchase price paid to the customer for the not yet completed (open) orders without deductions. In this case, no further claims by the customer shall exist.
(4) MYTANDO does not offer any platforms, portals, online services, online games or technical installations including cables and is therefore not liable for damages resulting from the fact that the affected game, program, service are not accessible or accessible.
(5) MYTANDO shall not be liable for any damage resulting from the impossibility of carrying out the order due to errors in data processing, system or transmission errors or other disturbances. In this case, the company will refund the purchase price paid to the customer without deduction.
7. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
(1) The MYTANDO-Online shop, all pictures and texts, in particular products and their description, are protected by copyright. The page of the online shops may only be accessed with a web browser via the respective valid shop URLs (for example www.mytando.de). All machine processing or use of the website is prohibited.
(2) All displayed logos, pictures and graphics of the third parties are the property of the respective owners and are subject to the copyrights of the respective licensors. All photographs, logos, texts, pictures, scripts and programming routines presented on our site, which are or are reproduced by MYTANDO, may not be copied or used without their consent.
(3) Despite careful control of the content, we do not accept any liability for the content of external links. The content of the linked pages is the sole responsibility of their operators.
(4) All digital content is the intellectual property of the respective game provider. MYTANDO has no claim to the property of the released digital content (virtual goods) and thus cannot afford to transfer ownership to the customer. The customer only acquires game time (time use) to release the offered digital content. The owner remains the respective game provider with all resulting legal consequences.
(5) We do not accept any warning without prior contact. We have no intention to violate the rights of third parties, including negligence. Should disputes, competition or similar problems arise, however, please contact us immediately to avoid unnecessary legal disputes and unnecessary costs. MYTANDO will immediately have the facts examined and, if justified, promptly turn it off. The cost note of the lawyer's warning without prior contact with MYTANDO, therefore, will be rejected as unfounded in the sense of a duty to mitigate damage.
8 COMMERCIAL JURISDICTION
Exclusive jurisdiction for all disputes arising from this contract shall be our place of business if you are a merchant.
9. CONSUMER INFORMATION: PARTICIPATION IN A DISPUTE SETTLEMENT PROCEDURE
We are obliged to take part in a dispute settlement procedure before the following consumer protection agency: General Consumption Office of the Center for Conciliation e.V., Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de
Last updated: 23.11.2016 v.1.6