General terms & conditions

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General Terms and Conditions of astragon Entertainment GmbH

General Terms and Conditions of astragon Entertainment GmbH

Status: 28.07.2015

All contracts concluded with astragon Entertainment GmbH (hereafter astragon) are subject to the "General Terms and Conditions". This includes the use of the web offer, participation in communities or raffles as well as the purchase of paid content and software.

Disclaimer

These Internet pages provide you with general information about astragon Entertainment GmbH and are only addressed to users in Germany. Despite careful control of the contents, astragon Entertainment GmbH assumes no liability for the completeness, actuality and correctness of the contents of this website. If this website contains links to other websites of third parties, astragon Entertainment GmbH is not responsible and/or liable for the content on these websites. astragon Entertainment GmbH reserves the right to make changes or additions to the information provided on this website.

Copyrights

The content and structure of the website of astragon Entertainment GmbH are protected by copyright or other industrial property rights. The name "astragon Entertainment GmbH" and the logo as well as many other product names are protected as trademarks. The rights to the content of this website as well as to the logo belong to astragon Entertainment GmbH or to the entity astragon Entertainment GmbH has granted the exclusive user rights. Any reproduction, distribution, provision for retrieval or any other usage of content or data, in particular the use of texts, text parts or images as well as the use of the logo or the so-called framing requires the prior written consent of astragon Entertainment GmbH. It is permitted to place a hyperlink on the websites of astragon Entertainment GmbH.

Privacy Statement

1. During the use of the online shop (simuwelt.de) and placing and processing orders, including delivery, invoicing and payment monitoring, the provider collects and uses personal data and as the case may be pseudonymized or anonymous data of the users. In respect to all these transactions the provider strictly complies with valid data protection regulations in Germany, in particular the Federal Data Protection Act and the Telemedia Act.

2. The collection and use of the data is exclusively used to ensure the proper function and interactive communication with the user and to control and process the orders placed by the user and the respective sales transactions.

3. The communication of personal data by the user - e.g. During the order procedure - is voluntary and only required to the extent necessary for the reception and processing of the transaction. The use of the data and their transfer, if any, to diligently monitored companies (dispatch, payment, collection) is exclusively carried out to fulfill the contract with the user. Any other usage or transfer of the data to third parties will not be performed.

4. For advertising purposes, market research or the appropriate design of the Telemedia, the provider may create user profile using pseudonyms unless the user does not object to it. The provider ensures that these user profiles are amalgamated with data of affected users. The user has the right to object to this use of his data at any time.

5. Whenever the website is accessed, technical information is exchanged between the server and the user's computer (URL, browser type, other technical features). To improve navigation and facilitate the use of orders and other services on the website, session-related small text files (cookies) are created and temporarily stored on the user's device. At the end of the session the cookies will be deleted. To prevent cookies, the user can set his browser accordingly.

6. The user may - at any time and free of charge - require to get information about his/her stored personal data and, if necessary, request rectification, blocking or deletion of this data.

7. Responsible entity according to the Data Protection Act is the provider which can be contacted by post, fax or e-mail via:

astragon Entertainment GmbH

Managing Director: Julia Pfiffer / Tim Schmitz

Address: Limitenstr. 64-78,

41236 Mönchengladbach, Germany

Fax-No. : +49 2166 146 45-20

Email: info@astragon.de All

information, requests for correction, blocking, deletion and objections to the pseudonymous use of the user data as well as the revocation of any given consent in data collection, use or processing shall be directed to this address.

8. In order to record and evaluate the usage of our website, we use the web analytics service Google Analytics as follows: GOOGLE Analytics This website uses Google Analytics, a web analytics service provided by Google, Inc. ( "Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which allows an analysis of the use of the website by you. The information about your use of this website (including your IP address) generated by the cookie is transferred to a Google server in the USA and will be stored there. Google will use this information to evaluate your use of the website, to compile reports on the website activity for the website operators, and to provide further services related to the use of the website and the Internet. Google may also transfer this information to third parties, provided this is required by law or if third parties process this data on behalf of Google. In no case Google will associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly. We would like to point out, however, that in this case you may not be able to fully utilize all the functions of this website.

By using this website you agree to the processing of the data collected about you by Google in the manner described above and for the purpose set out above.

The data protection policy of GOOGLE Inc. with Google Analytics with deactivation notice for the users can be found here:

www.google.com/intl/de/analytics/privacyoverview.html

Detailed information on the general data protection policy and data usage of GOOGLE Inc. can be found here: www.google.com/intl/de/analytics/privacyoverview.html

Detailed information on the general data protection policy and data usage of GOOGLE Inc. can be found here: www.google.com/intl/de/privacy.html

§ 1 Applicability

These General Terms and Conditions (GTC) apply to all contracts between astragon Entertainment GmbH, Limitenstr. 64 - 68, 41236 Mönchengladbach - hereinafter: astragon - and a customer. Customer as defined by these General Terms and Conditions is any person or entity who purchases a product from astragon or uses a service from astragon Entertainment GmbH. These general terms and conditions also apply to customers who are companies, legal persons of public law or public non-profit associations within the meaning of § 310 (1) sentence 1 BGB (German Civil Code). There are no additional oral agreements. The terms and conditions of the customer are not legally binding for astragon Entertainment GmbH.

§ 2 Prices

The product prices indicated by astragon Entertainment GmbH are final prices incl. VAT. The indicated shipping costs are also final costs.

§ 3 Conclusion of contract

The purchase contract is concluded by offer and acceptance. By ordering the desired goods via Internet, the customer makes a binding offer to conclude a purchase contract. astragon Entertainment GmbH reserves the right to process the contract conclusion and the transaction via the Amazon EU S. à. R. 1, Rue Plaetis - 2338 Luxembourg (VAT-ID: DE 814584193, registered at the R.C.S. Luxembourg with the register number: B0101818 ) - hereinafter: Amazon.de - that means: If the customer double-clicks on a product on the website of astragon Entertainment GmbH, which he wishes to purchase, the customer is forwarded to an order form at Amazon.de to conclude the contract. In addition to these general terms and conditions of astragon Entertainment GmbH, the general terms and conditions of Amazon.de do apply. In case of discrepancies/uncertainties between the general terms and conditions of astragon and those of Amazon.de, the general terms and conditions of Amazon.de shall prevail.

§ 4 Delivery

If a delivery deadline is exceeded, the customer has to grant a grace period to astragon Entertainment GmbH before he can withdraw from the contract. The grace period will be at least 7 days. Partial deliveries are permissible as far as reasonable.

§ 5 Transport damages

Upon delivery of the purchased product with visible damage on the packaging or to the contents, the customer must immediately - but at the latest 2 weeks after receipt of the products - notify astragon Entertainment GmbH about the defective delivery. The warranty rights of the customer remain thereby unaffected.

§ 6 Data protection

The customer authorizes astragon Entertainment GmbH to store the personal data transmitted by him to astragon Entertainment GmbH electronically and analogously and to pass such data to third parties who are involved in the contract processing and need such data for related necessary purposes (e.g. customer 's address for the delivery service).

§ 7 - Revocation according to the German Remote-Purchase Act

For contracts which we conclude with customers who are consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch) exclusively by means of telecommunication (for example Internet), the following shall apply:

DISCLAIMER ACCORDING TO § 355 BGB

RIGHT OF REVOCATION

YOU MAY REVOKE YOUR CONSENT TO CONCLUDE A CONTRACT WITHIN 14 DAYS WITHOUT ANY REASONS IN TEXTFORM (e.g. MAIL, FAX, E-MAIL) OR BY RETURNING THE PRODUCT WITHOUT GIVING ANY REASONS. THE PERIOD STARTS UPON RECEIPT OF THIS INFORMATION IN TEXTFORM, BUT NOT BEFORE RECEIPT OF THE PRODUCT BY THE RECIPIENT (IN CASE OF RECURRING DELIVERIES OF PRODUCTS OF THE SAME TYPE NOT BEFORE RECEIPT OF THE FIRST PARTIAL DELIVERY) AND ALSO NOT BEFORE FULFILLMENT OF OUR INFORMATIONAL OBLIGATIONS IN ACCORDANCE WITH ARTICLE 246 (2) IN CONJUNCTION WITH § 1 SEC. 1 AND 2 Introductory Act to the German Civil Code (EGBGB) AND OUR OBLIGATIONS ACCORDING TO § 312E SEC. 1 S. 1 BGB IN CONJUNCTION WITH ARTICLE 246 § 3 EGBGB. TO OBSERVE THE REVOCATION PERIOD IT IS SUFFICIENT TO SEND OFF THE REVOCATION OR DISPATCH THE PRODUCT IN TIME.

THE REVOCATION MUST BE DIRECTED TO:

Name: astragon Entertainment GmbH

Street: Limitenstr. 64-78

Place: 41236 Mönchengladbach, Germany

FAX.: +49 2166 146 45-20

Email: info@astragon.de

CONSEQUENCES OF REVOCATION IN CASE OF AN EFFECTIVE REVOCATION, THE SERVICES RECEIVED BY BOTH PARTIES AND ANY BENEFITS FROM USE (SUCH AS INTERESTS) ARE TO BE RETURNED. IF YOU CANNOT RETURN THE RECEIVED PRODUCTS COMPLETELY OR PARTIALLY OR ONLY IN POOR CONDITION, YOU MAY HAVE TO REPLACE THE VALUE. This may indicate that you must nevertheless fulfill the contractual payment obligations for the period up to the revocation. For the deterioration of the product and for drawn uses, you must only replace the value if the uses or the deterioration is due to an inappropriate handling of the product, which goes beyond the examination of the properties and the function. "Testing the properties and functions” is the testing and trying out of the respective product - just in the way it is possible and customary in public stores.

TRANSPORTABLE ITEMS ARE TO BE RETURNED AT OUR RISK. AS A RULE, YOU HAVE TO BEAR THE COSTS FOR THE RETURN OF THE PRODUCTS, IF THE DELIVERED PRODUCTS COMPLY WITH THE ORDERED PRODUCTS AND IF THE PRICE OF THE PRODUCT TO BE RETURNED DOES NOT EXCEED 40 EUR, OR - IN CASE OF A HIGHER PRICE - AT THE TIME OF YOUR REVOCATION YOU HAVE NOT RENDERED THE AGREED COMPENSATION OR PAID AN AGREED INSTALLMENT. IN ALL OTHER CASES THE RETURN IS FREE OF COSTS. PRODUCTS, WHICH CANNOT BE PACKED WILL BE COLLECTED FROM YOU. OBLIGATIONS IN RESPECT TO ANY REFUND OF PAYMENTS MUST BE FULFILLED WITHIN 30 DAYS. THE PERIOD STARTS UPON SENDING OF YOUR DECLARATION OF REVOCATION OR - IN CASE OF RETURN OF THE PRODUCT - WITH RECEIPT OF THE PRODUCT BY US.

Special notes: In the case of a service, your right of revocation expires prematurely if the contract between you and astragon was completely fulfilled upon your request before you have exercised your right of revocation. End of the information on your revocation right Exclusion of revocation The right of revocation does not apply to distance contracts

a. in case of delivery of goods, which are made according to customer specifications or which are clearly tailored to the personal requirements or which are not suitable for a return or which can be quickly spoiled or whose expiry date would be exceeded,

b. for the supply of audio or video recordings or of software, if the delivered data carriers have been unsealed by the consumer;

c. for the delivery of newspapers, magazines and magazines.

§ 8 Costs

If you use your right of revocation, you have to bear the costs for the return of the products, if the delivered products comply with the ordered products and if the price of the product to be returned does not exceed 40 Euros, or - in case of a higher price - at the time of your revocation you have not rendered the agreed compensation or paid an agreed installment. In all other cases the return is free of costs.

§ 9 Liability

astragon Entertainment GmbH is liable for damages other than those caused by injury to life, body and health only if these are based on intentional or gross negligence or on the culpable violation of a fundamental contractual obligation by astragon Entertainment GmbH or its vicarious agents. An essential contractual obligation is defined as an obligation which was be fulfilled to enable a proper execution of the contract and on the compliance of which the customer may regularly rely. Any further liability for damages is excluded. A pre-contractual liability as well as the provisions of the German Product Liability Act shall remain unaffected.

§ 10 Age control

astragon Entertainment GmbH sends software, which is subject to an age restriction, generally uses a dispatch procedure, in which the deliverer controls the age of the recipient when handing over the purchased product by checking the ID card of the recipient. A delivery to an authorized representative or a delivery to a packing station is not possible with this product.

§ 11 Offsetting

The customer my only offset counterclaims against astragon if the claim is undisputed by astragon or has been recognized in an enforceable judgment.

§ 12 - Severability

If a regulation in these general terms and conditions is or becomes invalid, this does not affect the validity of the remaining regulations. The invalid provision shall be replaced by a provision which comes as close as possible to the economic effect and to the greatest extent permitted by law.

§ 13 - Applicable law and contractual language

German law applies exclusively with the exclusion of the UN Sales Convention. The contract language is German.

§ 14 Final provisions

If the customer is a merchant, a legal person of public law or a public-law fund, the court of jurisdiction for all disputes arising from contractual relations between the customer and astragon is the domicile of astragon.

 

 

General Terms and Conditions of Business and Delivery of astragon Sales & Services GmbH

1. General Provisions

Our terms and conditions of delivery shall apply to all present and future transactions with purchasers belonging to the persons mentioned in § 24 AGB-Gesetz [German law on General Standard Terms and Conditions]. Upon placing of the first order, they become also part of all future transactions. Deviating terms and conditions of the buyer are hereby excluded.

2. Offer and Conclusion of Contract

2.1 Our offers are free in terms of price, delivery date and other content.

2.2 All orders become only effective after receipt of our written order confirmation. Agreements and commitments of all kinds, including declarations of our employees, are only legally binding if confirmed in writing. In the case of contracts, the fulfillment of which is carried out in several deliveries, each delivery shall be regarded as a separate transaction.

3. Prices and payment

3.1 Prices are only binding if confirmed in writing in the order confirmation, the invoice or otherwise. All prices are in euro without VAT.

3.2 Unless otherwise agreed, all payments shall be made in cash, by check or bank transfer within 14 days net from the date of the invoice. Checks are accepted as conditional payment only.

3.3 Counterclaims only entitle the Buyer to set-off if they are undisputed or recognized by declaratory judgment. As far as legally permissible, a retention right or a right to withhold performance on the part of the Buyer are excluded.

3.4 Payments are deemed as not effected until the amounts are definitively available on one of our accounts.

4. Late Payment and Doubt of Creditworthiness

4.1 The Seller shall have the right to demand from the Buyer from the date the payment is due interests at a rate of 2% above the respective discount rate or interests at the usual bank rate.

4.2 The Seller shall have the right to demand advance payments from the Buyer, the provision of appropriate security within a reasonable period of time or delivery after payment if, after conclusion of the contract, he becomes aware of facts concerning a material deterioration of the Buyer’s assets, which are suited to jeopardize his claim to the consideration. If the Buyer fails to comply with the legitimate demand of the seller or fails to comply with them in due time, the Seller can withdraw from the contract.

5. Delivery

5.1 Partial deliveries are permitted.

5.2 We endeavor to comply with specified delivery periods. An agreed delivery period begins with sending the order confirmation, but not before the Buyer has carried out his obligatory cooperation activities and has paid an agreed down payment. The delivery period shall be deemed to be met if we have shipped the goods by the end of the period or have given notice that the goods are ready for dispatch.

5.3 Delays in delivery and performance due to force majeure and because of events which make the delivery considerably more difficult or impossible for the Seller - this includes subsequent material procurement difficulties, operational disturbances, strikes, lockout, personal deficiencies, lack of transportation, official orders etc. - even if occurred at suppliers of the Seller or their sub-suppliers, the Seller is also not responsible for bindingly agreed deadlines and due days. They entitle the Seller to delay the delivery or service by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in full or in part in respect to the part, which has not yet been fulfilled.

5.4 If the hindrance lasts longer than 2 months, the Buyer is entitled after a reasonable grace period to withdraw from the contract with regard to the part which has not yet been fulfilled.

5.5 If the Seller is responsible for the non-observance of agreed terms and due days, the Buyer shall be entitled to a default payment of 1.5% for each completed week of the delay. In total, however, such default payment is limited up to a maximum of 5% of the invoice value of the goods and services affected by the delay. Any further claims are excluded, unless the delay is caused at least on gross negligence of the Seller.

6. Shipping and Risk Transfer

6.1 The shipment will be made at our discretion ex works or warehouse for the account of the Buyer and even then at his risk, if freight-free delivery is agreed. We reserve the right to choose the type of dispatch and the shipping method.

6.2 If the goods are delivered free of charge, the Buyer bears the additional costs resulting from special shipping request of the Buyer, increased shipping costs after the conclusion of the contract and shipment complications.

6.3 Non-accepted goods are stored for the account and risk of the Buyer.

7. Retention of Title

7.1 The delivered goods shall remain our property until the complete satisfaction of all our claims arising from the business relationship, irrespective of the legal basis, until the redemption of bills of exchange and checks and to the moment of irrevocability of direct debits.

7.2 The Buyer already assigns his claims from the resale of the reserved goods to us. The assigned claims are used as our security only up to the invoice amount of the reserved goods sold.

7.3 The Buyer shall notify us without undue delay of a seizure or other impairment of our property by third parties.

7.4 The Buyer is entitled to dispose of the reserved goods in the ordinary course of business as long as he meets his obligations from the business relationship with us in good time and in full.

8. Complaint and Warranty

8.1 The Buyer has to inspect the goods immediately upon receipt and to notify us without undue delay in writing of any complaints, which can be ascertained by means of reasonable investigations. Warranty claims are excluded if the Buyer does not complain about apparent defects within 10 days after receipt of the goods at the destination and before resale/use of the goods and about concealed defects within 10 days after their discovery. Notices of defect shall only be considered if the Buyer grants us the opportunity to check if the complaints are justified; otherwise, the goods shall be considered as contractual fulfillment.

8.2 If any damage to the packaging and damages resulting therefrom are detected, the Buyer should in his own interest ask the carrier to certify such damage. The complained goods may only be returned to us with our express consent.

8.3 The Seller shall not be liable for changes made by telephone or otherwise.

8.4 In the event of defects, even in the absence of guaranteed properties, we shall at our discretion either provide replacement, grant price reduction or rectify the defect. If it is established that subsequent delivery or rectification has finally failed, the customer may demand redhibitory action or reduction of the price. No guarantee is given for damage caused by the fact that the object of delivery is altered by a third party or that the delivered items are put into operation in an incorrect manner. As far as legally permissible, further claims of the Buyer are excluded. This applies in particular to claims for compensation for damages which are not caused by the goods themselves.

9. Application Instructions

We give application instructions to the best of our knowledge based on our experience so far. All statements and information on the suitability and application of our goods do not exempt the Buyer from his own tests and investigations. They are non-binding and, in particular, do not constitute a guarantee of certain properties. The Buyer is responsible for observing legal and official regulations when using our goods. If, however, the Seller is liable for the application of technical information, the liability is limited to the value of the goods delivered by us.

10. Liability

Claims for damages resulting from the impossibility of performance, from positive breach of obligations, defaults when signing a contract and from tortious acts are excluded against the Seller as well as for his vicarious agents, unless based on willful or grossly negligent action. Without prejudice to the above agreements, we are only liable up to the value of the goods.

11. Place of Performance, Jurisdiction and Effectiveness Clause

11.1 Place of performance for the delivery is our warehouse in Kaarst, for payment Mönchengladbach.

11.2 Jurisdiction for all disputes, including actions on bad checks, is Mönchengladbach if the Buyer is a registered merchant.

11.3 Should individual provisions of the contract or our terms and conditions of business or delivery be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions of the contract or these conditions shall remain unaffected. The parties will replace ineffective parts with an effective regulation which is closest to the economic purpose.

11.4 The contractual relationship is subject to the laws of the Federal Republic of Germany.