Terms and Conditions (GTC)

§ 1 General — Validity of these GTC, contract language

The following general terms and conditions apply to all sales contracts, deliveries and other services in mail order between HBSGAMES and our contractual partners (hereinafter referred to as "customer"). Conflicting terms and conditions of the customer are hereby expressly contradicted, unless otherwise agreed in an individual contract. Your order and the advice from HBSGAMES staff will be in German.

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§ 2 Offer and Order

1. All goods offered on our internet or catalog pages are subject to change and non-binding. The presentation of the products does not constitute a legally binding offer, but an invitation to place an order with HBSGAMES.

2. By submitting the order in the online shop, a legally binding offer is made that we can accept within 5 days. We confirm receipt of your order with an automatically generated order confirmation. This does not constitute acceptance of your offer to conclude a purchase contract. The contract is concluded by sending an email from hello@hbsgame.com to the email address you provided with the notification that the goods have been sent to you.

3. Mail order orders can be placed by fax, email or the Internet. When ordering via the Internet, the customer selects the item to be ordered from our Internet shop at www.HBSGAMES.com.
Please understand that gifts can only be selected for orders via the online shop.
 

4. We do not sell any goods to minors or other persons with limited legal capacity, unless the goods are ordered by the legal representative.
 

5. Articles with special chemical properties that are subject to the Chemicals Act are marked in the article master and are only sold to traders with proof of age. The buyer confirms that he has taken note of the stored data sheets and markings!
 

6. We reserve the right not to accept purchase offers from customers with which goods are to be ordered in non-consumable quantities.
 

7. In the case of private orders, we reserve the right to change your customer account to a business account after checking the billing address.
 

§ 3 Prices

The prices at the time of the order apply. System errors and mistakes are reserved. All prices are given in euros and are shown with and without the statutory value-added tax. The prices do not include packaging and shipping costs, unless we have given any other information in individual cases.
 

§ 4 Delivery / risk of loss

1. a) The shipping costs for shipments within Germany are EUR 5.00 without VAT / EUR 5.80 with VAT for each package up to 25 kg. For each additional package up to 25 kg, an additional EUR 5.00 without VAT / EUR 5.80 with VAT will be charged. For each order value of EUR 258.62 without VAT / EUR 300.00 with VAT and a total weight of less than 25 kg, the shipping costs of EUR 5.00 without VAT / EUR 5.80 with VAT are waived.
 

1. b) Large quantities of goods or special items may be sent to business customers on Euro pallets with a freight forwarder. Please have a Euro pallet ready for exchange. If you are unable to provide a Euro pallet, we will have to charge you EUR 7.95 net per Euro pallet.
Private customers may receive special items on a one-way pallet delivered by a freight forwarder.
In the case of dispatch by forwarding agency, delivery is free to the kerb: Delivery is to the kerb or sidewalk of the specified delivery address. The carrier is not obliged to transport the goods to the door or into the building.
A valid telephone number must be provided to notify you of the delivery. If a call by the dispatcher is not possible due to invalid information, charges may apply. We reserve the right to charge you for these additional carrier costs for finding the correct telephone number and calling again.
The possibility of a short-term redistribution of a pallet to another delivery address must always be discussed with HBSGAMES beforehand.

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1. c) Deliveries to German islands may be subject to a shipping surcharge. We ask you to contact us in advance of your order!

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2. a) If the customer is a merchant, a legal entity or a special fund under public law, we reserve the right to supply ourselves correctly and on time.

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2. b) We reserve the right to make partial deliveries as long as we deliver the entire order within one week of the order being confirmed. For customers who are consumers, partial deliveries must be reasonable. Subsequent deliveries are free of shipping costs for the customer.
If the ordered goods cannot be delivered in whole or in part despite the conclusion of a hedging transaction and this is due to force majeure or other unforeseeable, extraordinary circumstances through no fault of our own (e.g. lack of raw materials, business interruption or industrial actions such as strikes and lockouts), HBSGAMES can withdraw from the contract step back. The same applies to non-delivery by our suppliers for which we are not responsible. In these cases, HBSGAMES will inform the customer immediately, at the latest on the second working day following the order, of the non-availability of the delivery item. If the customer has already paid for the goods, the corresponding amount will be refunded to him immediately. We reserve the right to make partial deliveries as long as we deliver the entire order within one week of order confirmation. Subsequent deliveries are free of shipping costs for the customer.

3. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the ordered goods only passes when the goods are handed over to the customer or a person / group of people named by him. If the delivery is lost before delivery, we will arrange for a second delivery free of charge. If the customer is a merchant, a legal entity or a special fund under public law, the place of performance is Kahla.

If there are obvious defects in the goods or the packaging upon delivery, please refuse to accept the goods and inform us immediately by email. Hidden damage must be reported immediately (within 2 working days) to the supplier (company HBSGAMES) by email with photos and confirmed by him in writing. EXCEPTION: Damage or missing quantities in the case of deliveries by a forwarding agent must be confirmed in writing by the driver immediately. A LATER COMPLAINT FOR DAMAGED DELIVERED GOODS IS NOT POSSIBLE!

The following regulation applies exclusively to consumers and not to entrepreneurs:
If there are obvious or hidden defects in the goods or the packaging upon delivery, the supplier (parcel service provider) must be notified immediately (within 7 days). Please let us know the contact person and the processing number by email so that we can finally process the process for you.

Complaints about damaged goods can only be reported to the shipping service provider by the recipient.

4. If the customer has given the parcel service provider permission to drop off, HBSGAMES assumes no liability for goods that cannot be found.
 

§ 5 Terms of Delivery / Abroad

1. Deliveries to other EU countries are possible, taking into account the specified shipping costs.
Unfortunately, countries that are not listed in the overview cannot be supplied.
The specified shipping costs apply to orders for each package up to 25 kg!
 

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§ 6 Terms of Payment / Domestic
 

1. The purchase price is due upon conclusion of the contract. Please refer to the “Payment” section or the invoice enclosed with the delivery for information on the term of payment.

2. The prices at the time of the order apply. As a business customer, the payment methods available to you are invoice and prepayment  SEPA direct debit, Paypal, Sofortüberweisung and credit card payment available. We only supply private customers after payment in advance (minus 1% discount on the net value of the goods), PayPal, instant transfer and credit card payment.

3. We reserve the right to exclude payment methods without giving reasons. When paying in advance, delivery will only take place after the entire purchase price has been credited.
You can pay with Eurocard/MasterCard or Visa credit cards.
For logistical reasons, payment by cash on delivery is not possible.

The following bank details apply to domestic German transfers to HBSGAMES:

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IBAN: DE34 1001 1001 2629 9681 56

BIC: NTSBDEB1XXX
 

stating the invoice number and customer number in the purpose.

For each order, we require complete bank details and, if applicable, a direct debit authorization. Each delivery contains a proof of payment, which can be submitted to the service provider for reimbursement if necessary.

4. If the customer is a merchant, a legal entity or a special fund under public law and if he finally refuses to pay for the goods ordered, the customer is either obliged to fulfill the order at HBSGAMES' discretion or he is entitled to compensation in the amount of 15% of the net order value, at least however, 5 EUR to be paid. The customer is at liberty to prove to HBSGAMES that no damage or depreciation has occurred at all or is significantly lower.

5. Payment by Invoice and Financing
In cooperation with  Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

5. a) Invoice: The payment period is 14 days from the dispatch of the goods. You can find the billing conditions  here .

5. b) Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. For more information on installment purchase including terms and conditions and standard European consumer credit information see  here .

5. c) Immediately: Your account will be debited immediately after placing the order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. You can find more information and Klarna's terms of use  here . You will receive general information about Klarna  here . Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in  Klarna's privacy policy  treated.
 

late payment
If our customers make unpunctual payments and there is a delay, we reserve the right to commission third parties to collect the receivables. The costs for this are then at your expense.

§ 7 Terms of Payment / Abroad

Section 5 and Section 6 apply unless otherwise stipulated below.
 

§ 8 Retention of title

Delivered goods remain the property of HBSGAMES until they have been paid for in full. If the customer sells goods subject to retention of title, he must pass on the retention of title. The customer must report access by third parties to goods subject to retention of title by HBSGAMES immediately.
 

§ 9 Credit Check

If we pay in advance, e.g. in the case of purchase on account or SEPA direct debit, we may obtain credit information to protect our legitimate interests.
For the purpose of the credit check, Collectia GmbH Brunnwiesenstr. 4 94469 Deggendorf, Germany, who provide you with address and creditworthiness data stored in their database, including data determined on the basis of mathematical-statistical processes, provided that we have credibly demonstrated our legitimate interest.
For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, we collect or use probability values, the calculation of which includes address data, among other things.
Your concerns will be considered in accordance with the statutory provisions.

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§ 10 Warranty

1. Warranty for consumers according to § 13 BGB

The statutory warranty / liability for defects applies to new goods. The warranty is reduced to 12 months for used goods that we offer for sale again.

2. Warranty for entrepreneurs according to § 14 BGB

2. a) A warranty of 12 months applies to new goods. The warranty is reduced to 6 months for already used goods that we offer for sale again.

2. b) As a result of a defect in the delivery that occurred before the transfer of risk, the customer is entitled to choose to fulfill the contract either by remedying the defect or by delivering a defect-free item.
If subsequent performance has failed, the customer is entitled to reduce the purchase price or to withdraw from the contract. Subsequent performance has failed if it has been tried twice unsuccessfully, is impossible, is seriously and finally refused by HBSGAMES or is unreasonably delayed, or is unreasonable for the customer for other reasons. If subsequent performance fails, the customer's claims for damages remain unaffected - subject to the restrictions under Section 12. In the event that the order is withdrawn due to a material defect, HBSGAMES shall bear the regular costs.

2. c) Note: In order to assert warranty claims, you should present a receipt (eg original invoice or copy) to speed up processing. However, this is not a requirement.

2. d) Not covered by the manufacturer's warranty:
Wear parts, consumables, improper handling of the product, in particular due to non-observance of the manufacturer's operating instructions and functional changes to the device or repair attempts by the buyer or unauthorized third parties. In the case of unjustified warranty claims, we can charge a processing fee equal to the costs incurred by us.

§ 11 Guarantee conditions

 

1. Guarantee conditions for consumers according to § 13 BGB

A manufacturer's warranty is provided for some items. The articles in question have a corresponding note on the product detail page. No guarantee is given for all articles without this note.
In this case, the warranty according to point 10.1 of these General Terms and Conditions applies exclusively.
According to the manufacturer, batteries and accumulators are wearing parts and have a maximum guarantee period of 6 months.

Not covered by the manufacturer's warranty:
Articles with broken warranty seals, wearing parts, consumables, improper handling of the product, in particular due to non-observance of the manufacturer's operating instructions as well as functional changes to the device or repair attempts by the buyer or unauthorized third parties.

For warranty claims, please contact us in writing, by e-mail or by fax.

In the case of justified warranty claims, we will bear the costs of returning the goods. Freight forward shipments are generally not accepted!

A service rendered under the guarantee does not lead to an extension of the guarantee period and does not justify a new guarantee period. In the case of unjustified warranty claims, we can charge a processing fee equal to the costs incurred by us.

2. Guarantee conditions for entrepreneurs according to § 14 BGB

A manufacturer's warranty is provided for some items. The articles in question have a corresponding note on the product detail page. No guarantee is given for all articles without this note.
In this case, only the warranty according to point 10b applies. of these terms and conditions.
According to the manufacturer, batteries and accumulators are wearing parts and have a maximum guarantee period of 6 months.

Not covered by the manufacturer's warranty:
Articles with broken warranty seals, wearing parts, consumables, improper handling of the product, in particular due to non-observance of the manufacturer's operating instructions as well as functional changes to the device or repair attempts by the buyer or unauthorized third parties.

For warranty claims, please contact us in writing, by e-mail, by fax or by telephone.

All services within the guarantee period are sent back to us by the customer free of charge (at his expense) after prior agreement. Freight forward shipments are generally not accepted!

A service rendered under the guarantee does not lead to an extension of the guarantee period and does not justify a new guarantee period. In the case of unjustified warranty claims, we can charge a processing fee equal to the costs incurred by us.

Section 12 Liability

1. Hbs Games is only liable to the customer for damages that go beyond typically foreseeable damages in the case of:
- intent
- gross negligence
- culpable injury to life, body and health,
- Defects that Hbsgames has fraudulently concealed or whose absence has been guaranteed.
- the violation of essential contractual obligations.

2. Insofar as the liability for damages towards HBSGAMES is limited, this also applies to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

3. Liability for claims under the Product Liability Act due to defects in the delivery item remains unaffected insofar as this is mandatory by law.

4. Hbs Games accepts no liability for incomplete and/or incorrect information provided by the buyer. This applies in particular to delivery addresses.

§ 13 Information on the Battery Act and the Electronics Act

1. If there is a battery in one of our items, the customer must observe the following information:
Batteries do not belong in household waste. Consumers are legally obliged to return used batteries and accumulators. The Battery Ordinance obliges you to dispose of used batteries and accumulators exclusively via retailers or the specially set up collection points. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can. The chemical name of the pollutant is located near the garbage can symbol. "CD" stands for cadmium, "Pb" for = lead and "Hg" for mercury. As a retailer, HBSGAMES is obliged to take back these batteries and dispose of them as hazardous waste. If the customer would like to return batteries to us within the framework of the statutory take-back obligation, he is asked to hand them in to our business premises and send them to our contact details see imprint.

2. Electrical and electronic devices must not be disposed of with household waste. Disposal is only possible via the local collection and return points of the municipalities.

Batteries or rechargeable batteries containing harmful substances are marked with the following symbols to indicate that household waste disposal is prohibited. Below the sign is the chemical symbol for the heavy metal:

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Battery contains cadmium

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Battery contains mercury

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Battery contains lead

 

§ 13.1 Voluntary return of electrical and electronic devices from consumers within the meaning of § 13 BGB, according to § 17 Electrical and Electronic Equipment Act.

Manufacturers must take back their electrical and electronic equipment that can be used in private households and is placed on the market after November 23, 2005 free of charge. Such devices are marked with a symbol (crossed-out wheeled bin). Waste bin symbol Consumers have the option of having us dispose of small devices up to 25 cm (longest side) in the usual household quantities. Larger old devices can only be taken back and properly disposed of if you buy a new electrical or electronic device of the same type that essentially fulfills the same functions as the new device. When concluding the purchase contract for the new electrical and electronic device, the end user must inform us of his intention that an old device should be returned when the new device is delivered. We may refuse to accept old equipment that poses a risk to human health and safety due to contamination.

 

 

Trash can icon

Old batteries and accumulators that are not enclosed by the old electrical device must be separated from it before it is returned to us. Please also note that your personal data on the old electronic devices to be disposed of should be deleted before you return them to us.

For you as a private household, the return to us and to the municipal recycling centers is free of charge. You can find out the addresses and opening hours of the communal recycling depots from your city or municipality. The consumer will be charged any costs for returning the device if he returns an old device to us free of charge when buying a new device and then also returns the new device within 14 days in accordance with the right of return (§ 312g, § 355 BGB).

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§ 14 cancellation policy

 

Consumers have a fourteen-day withdrawal.

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (HBS GAMES, im Galluspark 3 60326,  Frankfurt am Main, hbsgamescompany@gmail.com  Telephone: +49 1728319072) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

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Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. For goods which, due to their nature, cannot be returned normally by post, these amount to EUR 60. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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The right of withdrawal does not apply to the following contracts:

• Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

• Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire.

• Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
   

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

– To HBS GAMES, Am Salteich 13F Reinbek Germany

hello@hbsgames.com, Phone: +491728319072 

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date

(*) Delete where not applicable.

 

 

 

special instructions

If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation takes effect, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or the return. The latter does not apply if the subject of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you want to avoid a contractual commitment as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation.

 

§ 15. Return of goods / restocking fee for merchants (dealers, entrepreneurs)

1. Goods will be taken back - without acknowledgment of our legal obligation - only for valid reasons within 14 days of purchase upon presentation of the original of the invoice. Our liability for defects remains unaffected.

2. Only new goods in proper, salable condition that are not custom-made, special offer goods or special orders are considered.

3. Upon return of the goods, the buyer, if a merchant, will receive a credit note or refund equal to the value of the goods, less a restocking fee. The restocking fee is 15% of the value of the returned goods. In the case of wrong deliveries etc. no restocking fee will be charged. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you must compensate us for the value in this respect. Please note that only sufficiently franked shipments can be accepted.

4. A return, provided that it has been approved by us, can only take place with a valid RMA number issued by us.
You bear the direct costs of returning the goods. Freight forward shipments are generally not accepted!
If goods are returned to us due to refusal to accept them, the gross costs of €6.99 per package will be charged or deducted from the credit note.
Fill out the following form to receive the RMA number:

 

Write the RMA number clearly visible on the return package!

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§ 16. Privacy Policy

You can find our privacy policy here:  Data protection
 

§ 17. Complaints procedure

The European Commission provides a platform for online dispute resolution (OS), which you can find here  https://ec.europa.eu/consumers/odr/ . Consumers have the opportunity to use this platform to settle their disputes.

In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The universal arbitration board of the Center for Consumer Organizations Hessen eV, Große Friedberger Straße 13 - 17, 60313 Frankfurt am Main is responsible. We will participate in a dispute settlement procedure before this body.
 

§ 18. Intellectual property, copyrights

HBS GAMES alone owns all right and title, including all associated intellectual property rights, to the content and modules of the website www.HBSGAMES.com (including the images, layouts and other technical and graphic elements) and to suggestions for improvement, ideas, requests for enhancements , feedback, recommendations or other information provided by the customer or third parties. Without the express permission of HBS GAMES, the customer may not use, modify and/or pass on the copyrighted elements to third parties in a manner that violates copyright protection.
 

§ 19 Jurisdiction / Applicable Law

1. The exclusive place of jurisdiction for all current and future claims arising from the business relationship, including bills of exchange and checks, is the registered office of HBS GAMES. This does not apply if the customer is a consumer.
 

§ 20. Final Provisions

20.1 HBS GAMES is entitled to use third parties as subcontractors or service providers to fulfill the obligations under these conditions. In addition, HBS GAMES is entitled to transfer rights and obligations according to these conditions in whole or in part, in whole or in part, temporarily or permanently to companies affiliated with HBS GAMES. HBS GAMES will inform the customer about this.

20.2 We reserve the right to occasionally adapt this data protection declaration so that it always corresponds to the current legal requirements or to implement changes to the services in the data protection declaration, e.g. B. when introducing new services. The new data protection declaration will then apply to your next visit.

§ 21. Special agreement & extension of the terms and conditions when purchasing the following items

21.1 This special agreement applies to the purchase of certain items that are used to prevent the spread of the coronavirus (SARS-CoV-2).
 

21.2 When purchasing these items, you will find an additional PDF document in the ordering process and in your order confirmation, which has the following content:

Due to the quantity of the goods you have ordered, the delivery or handover of the goods takes place, deviating from the terms of payment in our terms and conditions, either only against IMMEDIATE TRANSFER, PAYDIREKT or presentation of proof of the already completed transfer of the full purchase price to our account with the IBAN: DE341001100126299681 56   upon delivery of the goods.

Due to their own knowledge of the market, the parties are aware that the manufacturing and material costs of the product sold are well below the agreed purchase price and that at the time the contract was concluded, due to the demand for this product on the market significantly exceeding the offers, the purchase prices for this product in the the same extent have increased significantly. The parties therefore agree that the agreed purchase price corresponds to the current market price and that the contract regarding the agreed purchase price is fully effective and in particular that there is no violation of Section 138 of the German Civil Code.

The contract is only effective when the seller has received this declaration signed by the buyer in a PDF file with legal effect and the seller has countersigned this declaration and sent it back to the buyer as a PDF file by email.

customer information

 

contract text
The contract will be stored by us.

contract languages
A contract can only be concluded in German.

Essential characteristics of the offered goods
The essential features of the goods offered result from the respective product descriptions.

order process
As soon as you have found the desired product, you can place it in the shopping cart without obligation by clicking on the "Buy" link. The contents of the shopping cart can be viewed at any time by clicking on the "Shopping Cart" button. If you want to buy the products in the shopping cart, click on the "Checkout" button. You then have the option of registering as a new customer on the website or logging into the customer login by entering your e-mail address and password. To register as a new customer, you must enter your personal data (name, address, etc.). If you now click on the "Proceed to checkout" button after entering the data, you have the option of updating the shopping cart or going to the "Checkout". Clicking on the button takes you to the "Payment & Delivery - Check & Confirmation" overview. Here you can change your address and select the payment method. Clicking the Buy Now button will take you to the Done! page. You have now completed your order and can call up a print version of the order. The process can be canceled at any time by closing the browser window. On the individual pages you will find further information, eg on correction options.

Correction of input errors
If you have made an input error, this can be corrected by making the desired change on the relevant page of the ordering process.

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