General Terms and Conditions
§ 1 General
General Terms and Conditions Download
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) with us, JIW Games - Danny Imlau, (the “Provider”) shall be governed by these general terms and conditions of sale.
(2) The products and services are directed to both Consumers and Business Customers, but in each case only to end users. For the purpose of these General Terms and Conditions,
(i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and
(ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
§ 2 Conclusion of Contract
(1) The customer can choose from the selection of the provider. By placing an order, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(2) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(3) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
§ 3 Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) The payment is due immediately upon conclusion of the contract. Unless expressly otherwise agreed by us, all shipments by us shall require advance payment.
(3) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
§ 4 Warranty
(1) The provider is liable for defects in accordance with the governing law.
(2) An additional warranty only exist if this was explicitly stated in the order confirmation.
§ 5 Requirements
The operability of the game depends on the hardware of the customer. It should be noted that the following requirements are fulfilled: minimal
main memory: 3 GB RAM
hard drive: 500 MB freier Festplattenspeicher
Java Version: Java 6 oder höher
graphics card: 1024 MB VRAM, OpenGL 2.1*
operating system: Windows, Linux, Mac
* Not all OpenGL 2.1 graphics card are compatible.
§ 6 Liability
(1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
(2) The provisions of this Section shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
§ 7 Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
§ 8 Storage of contract
We save the contract text of your order. You can print it out by clicking in the last step of the order to "print". We also send you an order confirmation with all order data and our Terms and Conditions to the e-mail address you specified.
§ 9 Applicable Law, Competent Courts and Final Provisions
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Paderborn, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
(3) Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the Agreement.