Conditions of Use

Last update: 17. January 2016

§ 1. Scope of Application

1. These Terms and Conditions of the company Landmesser and Zlatintsis GbR, Smiling Monster Games, Verlag für Brett- und Kartenspiele, (hereafter referred to as "Smiling Monster Games") shall apply to all contracts concluded between a consumer or a retailer (hereafter referred to as "client") and Smiling Monster Games.
2. A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outsidethat individual's trade, business, craft or profession.
   A retailer pursuant to these Terms and Conditions is any individual acting for purposes which relate to that person's trade, business, craft or profession, whether acting personally or through another person acting in the retailer's name or on the retailer's behalf.
3. Any conflicting or deviating Terms and Conditions of the client or Terms and Conditions of the client that are contrary to ourTerms and Conditions shall only apply if the client and Smiling Monster Games consent explicitly and in writing.
4. With the order, the customer accepts the validity of these Terms and Conditions.
5. Any contractual relationship between Smiling Monster Games and the client are governed by German law.Any other national law as well as the United Nations Convention on Contract for the International Sale of Goods are excluded.The courts of Germany will have exclusive jurisdiction over any dispute relating to these contractual relationsships.
   

§ 2. Conclusion of Contract

1. The product descriptions in the Smiling Monster Games web shop do not constitute binding offers on the part of Smiling Monster Games,but merely serve for the purpose of submitting a binding offer by the client.
2. The order that the client submits via the Smiling Monster Game webshop denotes an offer to Smiling Monster Games with the purpose to buy the items that are included in the order.When the client submits an order to Smiling Monster Games, Smiling Monster Games will send an email to the client that confirms that Smiling Monster Games received the order (order confirmation email). The order confirmation email will also list the items that the client ordered.The order confirmation email does not indicate that the client's offer is accepted and that the contract is concluded already.The order confirmation email merely shall inform the client that Smiling Monster Games has received the clients's order.The contract is concluded when Smiling Monster Games dispatches the ordered items to the client and when Smiling Monster Games confirms that the ordered items are dispatched to the client by sending another email (shipment confirmation mail).
3. Smiling Monster Games does not offer products for purchase by children.All our products, including children's products, can only be purchased by adults.

§ 3. Delivery

1. Unless otherwise stated, delivery takes place from Smiling Monster Game's warehouse to the delivery address given by the client.All information about availability, dispatch or delivery of an item are estimates and do not denote guaranteed dispatch or delivery times.If it turns out that items, which the client ordered, are not in stock in sufficient amounts, the client will be informed by separate email.
2. Should delivery to the client not be possible, because the client could not be met at the delivery address that the client supplied and despite that the delivery was announced to the client appropriately well in advance of the delivery, the client bears the cost of the failed delivery.This does not apply if the client is not responsible for the event that caused the impossibility of delivery, or if the client has been temporarily impeded to receive the ordered goods.

§ 4. Due date and payment, delayed pament

1. All payments are to be made in advance.
2. Should the client fall into arrears with payment, Smiling Monster Games shall be entitled to demand interest on arrears amounting to 5 percentage points per annum above the current base rate as issued by the European Central Bank at that time.

§ 5. Price

1. Actual purchase prices are the prices that are in place at the time when the client places the order.Actual purchase price of price-bound items (for instance, books) is always the price that is prescribed by the publisher.

§ 6. Ownership

1. Smiling Monster Games retains title of ownership to the delivered items until the purchase price has been paid in full.
2. The client must notify third parties of any title of ownership and the client must inform Smiling Monster Games of any demand from third parties.

§ 7. Liability for Defects

1. Smiling Monster Games will be liable for damages arising from the absence of assured qualities and properties as well as for damagesthat are caused deliberately or by rough negligence of their legal representatives.
2. Liability for other damages or losses that arise to the client due to delay caused by Smiling Monster Games,due to any impossibility Smiling Monster Games is responsible for, or due to breach of a duty, which is important to fulfil the contract, is limited to those damages and losses that are typical and foreseeablewhen the goods are used according to the agreed contract.In such a case, liability is limited to a sum equal to the amount paid for the order.
3. Any further liability, especially for damages or losses that do not affect the goods themselves, or for loss of profit,or other economic or financial loss of the client, is excluded.

§ 8. Transportation Damage

1. The client shall inform Smiling Monster Games via email (info@smiling-monster.de) of any damage to the purchased items.
2. The client shall complain any apparent visible damage to the responsible logistics partner.If the delivery does not have outward damage, but the items are damaged, the customer shall complain the damage to the responsible logistics partner within 7 days.In either case, the customer shall let the responsible logistics partner confirm the damage.
3. The client shall agree any good returns with Smiling Monster Games.

§ 9. Statutory Liability for Defects

1. Statutory liability for defects shall apply.

§ 10. Data protection

1. Smiling Monster Games uses the data that the client supplies during the purchase only to process the purchase and to fulfil the order.
2. Smiling Monster Games does not hand-out personal data to third parties.

§ 11. Final Provisions

1. Contracts are exclusively subject to the material right of the Federal Republic of Germany.
2. Any invalidity of individual provisions of the Conditions of Use shall not lead to the remainingprovisions of the Conditions of Use being invalidated.Any invalid individual provision shall be replaced by valid terms, which comes contently and legally closes to the intended economic purpose.
3. Summonable address:
   Smiling Monster Games
   Mariahilfstr. 4
   52062 Aachen
   Germany
   

   Phone: +49 (0)176 501 833 40
   E-Mail: info [at] smiling-monster.de
   

   Ust-IdNr.: DE298340982

   Bank details
   Bank institute: Deutsche Skatbank
   IBAN: DE26 8306 5408 0004 5698 30
   BIC/SWIFT: GENODEF1SLR