General Terms and Conditions
Version: July 8th 2022
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of
products by ARTVATION (hereinafter referred to as the Supplier) to you, in the version valid at the time of
the order.
(2) Deviating General Terms and Conditions of the Purchaser shall be rejected.
(3) Please read these Terms carefully before placing an order with ARTVATION. By placing
an order with ARTVATION, you agree to the application of these Terms of Sale to your order.
(4) The range of our services is aimed exclusively for customers who have reached
the age of 18.
(5) Our deliveries, services and offers shall be made exclusively on the basis of these
General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future
business relations with companies, even if they are not expressly agreed again. The inclusion of general
terms and conditions of a customer that contradict our General Terms and Conditions is hereby already
objected to.
(6) The contract language is exclusively German.
§ 2 Contract conclusion
(1) Contracts on this portal can only be concluded in German and English.
(2) The presentation of goods in the online store does not constitute a binding
application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods
in the online store.
(3) The orderer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally
effective offer.
(5) Your order with ARTVATION is not yet a legally valid purchase contract. A legally
valid order is completed when the online ordering process is run through by entering the information
requested there and the "Buy Now" button is clicked in the last order step.
(6) The legally valid purchase contract between the Provider and the Customer shall only
be concluded through a declaration of acceptance by the Provider. This takes place on the earlier of the two
dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the
confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned
sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as
the commercial resale of the object of purchase requires the express confirmation on the part of the
supplier. This refers both to the number of ordered products within the scope of one order and to the
placement of several orders of the same product, where the individual orders comprise a quantity customary
in the household.
(8) You agree to receive invoices electronically. Electronic invoices will be provided to
you by e-mail or in the customer account of the website. For more information about electronic invoices,
please visit our website.
(9) The contract is not concluded until the content is activated or a link is provided.
contract is concluded.
§ 3 Prices
(1) The prices stated on the product pages include the statutory
value added tax and other price components
(2) The prices at the time of the order shall apply. If list prices are available, the
prices of the list price valid at the time of the order shall apply.
§ 4 Terms of payment; Delay
(1) Payment can be made either by
Credit card
PayPal
Bank transfer
Credit card
PayPal
Bank transfer
(2) The selection of the respective available payment methods is incumbent upon us. In
particular, we reserve the right to offer you only selected payment methods for payment, for example, only
prepayment to hedge our credit risk.
(3) If you pay by credit card, the purchase price will be reserved on your credit card at
the time of the order (authorization). The actual charge to your credit card account occurs at the time we
ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider
PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered
there or register first, legitimize with your access data and confirm the payment instruction to us. After
submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive
further instructions during the order process. The payment transaction is automatically carried out by
PayPal immediately afterwards.
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The Customer is not allowed to pay for the goods by sending cash or checks.
§ 5 Cancellation
Right of withdrawal is specified in the individual contract.
§ 6 Retention of title
ARTVATION retains ownership and license rights of the goods until full payment has been received.
§ 7 Cancellation policy
(1) If the Customer is a consumer, the warranty and liability for defects of the delivered
object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day
return guarantee, purchasers in the European Union have warranty rights for a period of two years from the
date of delivery of the goods and may request the repair or replacement of products purchased from ARTVATION
if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a
reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or
new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall
apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to
compensation for damage to body and health or to intent or gross negligence.
(5) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the
carrier, have taken possession of the goods (or the last goods, part shipment or piece in the case of a contract
for several goods of a uniform order or the delivery of goods in several part shipments or pieces) or from the
day of the conclusion of the contract.
Virtual in-game products are excluded from the right of withdrawal.
To exercise your right of withdrawal, you must:
ARTVATION
Annika Könemann
Auf dem Rott 26
32139 Spenge
info@artvation.com
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this
contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make
use of this option, we will immediately send you (by e-mail) a confirmation of receipt of such revocation.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the
right of cancellation before the expiry of the cancellation period and you have returned the goods via our
online return center within the period defined below.
(3) Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including
delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of
delivery other than the most favorable standard delivery offered by us), without undue delay and no later than
14 days from the day on which we received the notification of your revocation of this contract. For this
repayment, we will use the same means of payment that you used for the original transaction, unless expressly
agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have
returned the goods, whichever is the earlier.
You must return the goods without delay and in any case no later than 14 days from the day on which you notify
us of the cancellation of this contract to
ARTVATION
Owner: Annika Könemann
Auf dem Rott 26
32139 Spenge
info@artvation.com
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of
14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods
that is not necessary for testing the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
in the case of services, if NOBLE HORSE CHAMPION has provided these in full and you have noted and expressly
agreed before placing the order that we can start providing the service and you lose your right of withdrawal
upon complete fulfillment of the contract;
in the case of immediately usable virtual in-game products.
for any kind of purchased game elements with ingame currencies (credits & diamonds).
§ 8 Guarantee
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the
statutory provisions of the law on sales (§ 433 et seq. BGB).
(2) We shall only be liable for claims based on damages resulting from injury to life,
body or health or from the breach of an essential contractual obligation, the fulfillment of which makes the
proper execution of the contract possible in the first place and on the observance of which the contractual
partner may regularly rely (cardinal obligation), as well as for claims based on other damages resulting
from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) If you are an entrepreneur in the sense of § 14 BGB, the statutory provisions apply
with the following modifications:
Only our own specifications and the manufacturer's product description are binding for the quality of the goods,
but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to
notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to
meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach
of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall provide warranty at our discretion by rectification of the defect or
replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not be required
to bear the increased costs incurred by transporting the goods to a location other than the place of
performance, provided that such transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from
the contract.
The warranty period is one year from delivery of the goods.
§ 9 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence
as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of
damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of
slight negligence, we shall only be liable in the event of a breach of a material contractual obligation,
the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment
of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the
amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must
typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 10 Copyright and rights of use
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This
gives consumers the opportunity to initially resolve disputes in connection with your online order without
having to go to court. The dispute resolution platform can be accessed via the external link
http://ec.europa.eu/consumers/odr/.
(2) We shall endeavor to settle any disagreements arising from our contract
amicably. Furthermore, we are not obligated to participate in arbitration proceedings and unfortunately
cannot offer you participation in such proceedings.
(3) It is not possible to unlock already redeemed license keys again to transfer them to
another account.
§ 11 Privacy
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to
obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your
prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by
e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data
cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided
that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive from ARTVATION complete and free information
about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of
processing for the user.
(6) Further information on data protection can be found in the separate privacy policy.
§ 12 Cookies
(1) In order to display the product range, we may use cookies. Cookies are small text
files that are stored locally in the cache of the site visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID.
A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet
pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This
enables the visited Internet pages and servers to distinguish the individual browser of the data subject
from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and
identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly
services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server
to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies
are characterized by the fact that they are automatically deleted from your hard drive at the end of the
browser session. Other cookies remain on your computer system and enable us to recognize your computer
system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to
which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or
already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of
cookies can be found in the help function of your browser or software manufacturer.
§ 13 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect
the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law, to the
exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of
Goods (CISG, "UN Sales Convention"). Mandatory consumer law provisions of the country in which you usually
reside shall remain unaffected by the choice of law (in particular with regard to the conclusion of the
contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public
law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection
with contracts between us and you.
(4) We do not offer products or services for purchase by minors. Our products for children
can only be purchased by adults. If you are under 18, you may place an order in the SHOP of NOBLE HORSE
CHAMPION only with the participation of a parent or guardian.
(5) We reserve the right to make changes to our website, rules and regulations, terms and
conditions, including these GTC at any time. Your order will be governed by the terms of sale, terms of
agreement and terms and conditions in effect at the time you place your order, unless a change to these
terms is required by law or governmental regulation (in which case they will also apply to orders you have
previously placed). If any provision of these Terms of Sale is invalid, void or for any reason
unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability
of any remaining provisions.
(6) The invalidity of a provision shall not affect the validity of the other provisions
from the contract. Should this occur, the provision shall be replaced by another legally permissible
provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the
invalid provision.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4