1. Scope / Contact Details
1.1
These General Terms and Conditions (hereinafter referred to as "AGB") shall apply for all contracts concluded through our online shop at epikk esports (hereinafter referred to as "Online Shop") between us, epikk / Form36AG, and you as our customer.
1.2
Your differing, conflicting or supplementary General Terms and Conditions shall only become part of the contract if they have been explicitly acknowledged by us in writing. Our mere knowledge of your General Terms and Conditions does not make these part of the contract.
1.3
The version of the AGB valid at the point in time of conclusion of the contract shall be authoritative.
1.4
Our contact details are:
epikk / Form36 AG Spisergasse 36
, CH-9000 St.Gallen, Switzerland
, Telefon: +41 71 571 06 88,
Email: [email protected]
. Eligible customers, purchase order quantities
2.1
You may only place orders in our online shop if you are acting as an adult consumer and not as a commercial trader or within the framework of self-employed activity.
2.2
Furthermore, we shall only accept purchase orders that provide for the delivery of standard consumer quantities.
3. Purchase order processing, conclusion of the contract
3.1
By illustrating and advertising products in our online shop, we are not submitting a binding offer for the sale of these products. This illustration merely represents a request that you yourself should submit a binding offer to buy the products you have placed in the shopping basket.
3.2
In the online shop, you can select products and place them in a virtual shopping basket by clicking the button "Add to basket“ which appears in the online shop every time you click the shopping cart icon.
3.3
You can start the actual ordering process by clicking the shopping cart icon. You can go through the ordering process with or without the creation of a personal user account. In the ordering process, enter your address and select the shipping and payment methods (insofar as several options are available). With certain payment methods, you must enter further data for payment (e.g. for payment by credit card the card number, the cardholder, the date of expiry and the CVV code). If you create a personal user account, your address data will be saved for future purchase orders. After you have entered the above-mentioned data, you are taken to a page (hereinafter referred to as "Order overview") which shows you your order once more and gives you the opportunity to recognize any input errors. By clicking the "Back" function of your Internet or mobile browser and editing the relevant fields on the pages that then appear, you can change and correct the selected products and your details before completing your purchase order, and return to the order overview by clicking the appropriate buttons on the individual pages.
3.4
Complete your purchase order by clicking the "Buy now" button. By clicking this button, you submit a binding offer to buy the products listed on the order overview.
3.5
Clicking the "Buy now" button does not yet lead to a purchase contract. First you will receive an acknowledgement of the receipt of your order from us by email; this acknowledgement is not a legally binding acceptance of your order either. We reserve the right to accept your purchase order in full or in part, in particular if the availability of the products ordered by you is limited, or if they are not available at all. The purchase contract for a product ordered by you does not come about until you have received a further email from us with shipping confirmation for the product, or you have received the product.
3.6
The conclusion of the contract is offered in German and English.
3.7
The text of the contract (consisting of the following components: your purchase order, these AGB as well as the shipping confirmation sent by us) is saved by us after conclusion of the contract. The text of the contract is made accessible to you through the transmission of its components by email.
4. Prices and shipping costs
4.1
Unless otherwise indicated, the prices quoted in our online shop are inclusive of statutory VAT. These prices do not include shipping costs; these are to be paid by you.
4.2
In each case, the online shop indicates whether shipping costs are payable for your purchase order. If this is the case, the amount due for shipping is also shown.
4.3
The price of the products selected by you for your order, including VAT and any shipping costs due, are summarized again in the order overview.
4.4
Should we send you part-deliveries in accordance with Section 6.5 of these AGB, the shipping costs shown in the online shop shall only be payable for the first part-delivery.
5. Terms of payment and setoff
5.1
We accept only the methods of payment offered in the online shop.
5.2
The purchase price becomes due on formation of the purchase contract.
5.3
You can only offset payments with claims that (i) have been recognized by declaratory judgement, are ready for judicial adjudication or are undisputed by us, or (ii) arise from the same contractual relationship as our claim against which you intend to offset.
6. Delivery/Delivery periods/Part-deliveries
6.1
Delivery shall be made to the delivery address specified by you in the ordering process.
6.2
Insofar as we have not stated any other delivery period in the ordering process or in the shipping confirmation, the delivery period shall be approximately 3-5 working days from confirmation of shipping.
6.3
Our deliveries are effected by shipping companies. A list of the shipping companies used by us can be viewed in the FAQ of the online shop.
6.4
As soon as we give the shipping company in question products to be delivered to you, you shall receive shipping confirmation, together with a tracking link with which you can follow the status of the shipment.
6.5
We are entitled to send part-deliveries to an extent that is reasonable for you.
7. Self-delivery clause
7.1
We are hereby released from our contractual obligation to deliver a product ordered by you when all of the following conditions are met: (i) We obtain the product from a prior vendor, (ii) we concluded an appropriate purchase contract with the prior vendor for the product before we concluded the contract with you, (iii) the prior vendor does not deliver the product to us, and (iv) we are not responsible for the non-delivery by the prior vendor.
7.2
Should our delivery commitment to you lapse in accordance with Section 7.1, we shall inform you without delay of the non-availability of the product and refund without delay any payment already made by you for the product and its delivery.
8. Retention of ownership
The delivered products shall remain our property until the purchase price has been paid in full.
9. Right of revocation and revocation instructions
9.1
In the conclusion of distance contracts, consumers have a statutory right of revocation for the purchase of products like those offered in the online shop. We shall inform you in the following about this right of revocation in accordance with statutory provisions:
Revocation instructions
Right of revocation
You have the right to withdraw from this contract within fourteen days without providing reasons.
The revocation period is fourteen days from the day you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of revocation, you must inform us,
epikk / Form36 AG
, Spisergasse 36, CH-9000 St.Gallen, Switzerland, Telephone number: +41 71 571 06 88,
Email address: [email protected]
of your decision to revoke this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the standard revocation form in Section 9.2 of these AGB; however, this is not mandatory.
To comply with the revocation period, it is sufficient for you to send off the communication informing us of the exercise of your right of revocation before the revocation period has expired.
Consequences of revocation
If you revoke this contract, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs incurred because you selected a type of delivery different from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day the communication informing us of the revocation of this contract was received by us. For this refund we shall use the same means of payment that you used in the original transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged any fees on account of this refund. We can withhold this refund until we have received the goods again or you have furnished proof that you have sent the goods back, depending on which point in time is earlier.
You must send back or hand over the goods to the following plant location without delay and in any event at the latest within fourteen days from the date on which you inform us of the revocation of this contract.
epikk / Form36 AG,
Spisergasse 36
CH-9000 St.Gallen, Switzerland
The time limit will be deemed to have been observed if you send the goods before expiry of a period of fourteen days.
We shall bear the costs incurred for returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to a manner of handling the goods not necessary for checking their condition, properties or correct functioning.
9.2
In the following we have provided the standard revocation form as specified in the revocation instruction above in Section 9.1 of these AGB; however, its use is not mandatory.
Standard revocation form
(If you wish to revoke the contract, please fill out this form and send it back to us.)
— epikk / Form36 AG
, Spisergasse 36, CH-9000 St.Gallen, Switzerland
, Telephone number: +41 71 571 06 88,
Email address: [email protected]
I/We (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*)/ the performance of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for communication on paper)
— Date
_______________
(*) Delete as appropriate.
10. Liability for defects
10.1
Your claims and rights in the event of defects in the purchased products are determined by statutory regulations, but are subject to the proviso that the limitations and exclusions provided for in Section 11 of these AGB shall apply in the event of claims for damages.
11. Liability
11.1
In all cases of contractual and non-contractual liability, our liability in case of intent and gross negligence is determined by statutory regulations.
11.2
In other cases – and unless otherwise regulated in Section 11.3 of these AGB – we are only liable in the event of violation of a contractual obligation, the fulfillment of which allows the proper execution of the contract at all and which you as our customer may as a rule rely on (a so-called cardinal obligation), but restricted to the replacement of typical and foreseeable damage.
11.3
The above-mentioned liability limitations and exclusions ensuing from Section 11.2 of these AGB do not affect our liability for damage arising (i) from injuries to life, limb or health, (ii) in accordance with the Product Liability Act and (iii) from guarantees of quality and/or durability.
12. After-sales service / Complaints
You can use the contact details specified above in Section 1.4 to contact us by letter, telephone or email if you have any questions, comments or complaints, or to give us any other information relating to your purchase orders or our deliveries.
13. Online dispute resolution
In the event of legal disputes with us, you have the option of trying to reach an out-of-court settlement using the Internet site set up by the European Commission for online dispute resolution ("ODR"). You can find the ODR site at http://ec.europa.eu/odr.
14. Applicable law
German law shall be applicable, to the exclusion of the UN Sales Convention. If, at the point in time when you placed your order, you have your habitual residence in a country other than the Federal Republic of Germany, the use of binding legislation of that country is not affected by the choice of law made in Sentence 1.