Terms and Conditions of Sierra Madre Games
§ 1 Scope
(1) These terms and conditions apply to all business transactions between Sierra Madre Games/ Ion Game Design and its customers, as defined at the time of the contract as amended.
(2) Our general terms and conditions apply exclusively, subject to the Laws of Sweden. The Laws of other nations as well as international sales laws are excluded. Opposing or deviating from our terms with alternate customer conditions will not be recognized.
§ 2 Prices
(1) All prices include VAT, as calculated at the time the order is received. The publication of a new price list or catalog invalidates previous editions, errors and omissions excepted. In the case of "bundled" products, the required selling price of the publisher is applied.
§ 3 Termination of the contract
(1) This offer does not apply to Sierra Madre Games/ Ion Game Design articles for sale on the Internet § 145 ff BGB.
(2) When a customer sends an order by e-mail to Sierra Madre Games/ Ion Game Design, he makes an offer according to § 145 BGB.
(3) The agreement with Sierra Madre Games/ Ion Game Design is valid when Sierra Madre Games/ Ion Game Design accepts this offer. Acceptance is subject to the availability of the goods or services ordered. Acceptance by Sierra Madre Games/ Ion Game Design is not required; the customer waives this per § 151 S. 1 BGB. If Sierra Madre Games/ Ion Game Design does not accept the agreement, the customer will be notified by email.
(4) All goods and services are solely those conditions in effect at the time of signing the current version of the contract. With his purchase order, until no later than the receipt of our delivery, the customer agrees to these terms explicitly. The customer can be either a consumer according to § 13 BGB or an entrepreneur according to § 14 BGB.
Any deviation from these conditions or the conditions of supplementary agreements shall be in writing. Said deviations are not part of the contract, even if not explicitly contradicted, unless the revised conditions are agreed to in writing. These conditions comprise a framework applicable to the entire range of business transactions, especially for future orders.
§ 4 Delivery
(1) The nature of the shipment depends on the shipping terms specified in the online shop and where possible the customer’s choice.
(2) The delivery takes place in each individual case according to the designated shipping costs.
(3) The performance for the delivery and payment is in the city of Karlsruhe Germany. If the customer is a consumer, he is subject to the statutory provisions.
a) With the delivery of the sales item, the risk of accidental loss and deterioration of the item is assumed by the customer. The delivery is the same if the customer is in arrears.
b) A delivery request to a location other than the place of fulfillment is done at the risk of the customer. If the customer is not a consumer, this risk is assumed as soon as the seller gives the goods to the shipper, the carrier, or otherwise-designated person or institution charged with delivery.
c) If delivery is delayed through the fault of the customer, especially if the customer provides an incorrect or incomplete delivery address, the liability is from the date of dispatch to the customer.
(4) Partial deliveries are permissible unless it is unacceptable for the customer.
(5) If the customer defaults on acceptance, we may refuse further deliveries - even from other contracts - after a reasonable grace period withdraw from the contract and seek damages for breach of contract.
(6) The order will be processed immediately upon receipt by us and the goods as quickly as possible, subject to the availability of goods in the warehouse, usually shipping within 1-3 business days to the customer. If an item is no longer in stock or not available, or if there are any obstacles to delivery, the customer will be notified promptly within 14 days. Delivery times are only binding if they are included in our written order confirmation. Exceeding binding delivery deadlines, the customer has to grant us a reasonable extension. If after the grace period the delivery still has not been made, the customer can exclude other claims - subject to any rights. The terms of § 8 (warranty) will cancel the contract. The same applies to non-binding delivery deadlines, if these are exceeded by 6 weeks.
(7) Sierra Madre Games is not held liable if the delivery to the customer is prevented or prolonged beyond the normal delivery period by acts of God, legal or regulatory actions, transport and operational disturbances, strikes or other circumstances beyond the control of Sierra Madre Games.
(8) Sierra Madre Games is entitled to rescind the contract if Sierra Madre Games is not supplied by its suppliers for reasons not attributable to Sierra Madre Games. If Sierra Madre Games exercises this right, the customer will be informed and the amount of purchase paid will be refunded.
§ 5 Retention of title
Supplied goods remain the property of Sierra Madre Games until the complete settlement of all customer claims. The customer is obligated to inform any third party on this reservation of title and to inform Sierra Madre Games of any third party claims.
Prior to the transfer of ownership, the customer is not entitled to dispose of, alter, or mix with other items the goods sold without written consent from Sierra Madre Games.
§ 6 Shipping damage
(1) Should damage occur, Sierra Madre Games is in each case to be informed by phone 06221 / 874882. The customer should immediately bring apparent external damage to the attention of the delivery agency (currently the German post office) and send a message to Sierra Madre Games. For superficial damage detected while unpacking, the customer must complain to the delivery agency within 7 days after accepting the delivery and send a message to Sierra Madre Games. In every case, the damage must be possible for the customer to confirm.
(2) A replacement delivery must be discussed with Sierra Madre Games.
§ 7 Payment due date and Payment
(1) Sierra Madre Games accepts only the payment options as shown to the customer during the ordering process.
(2) The purchase price is due with the signing of the contract. The invoice amount for a delivery is due 14 days after receipt of invoice.
(3) If the customer is in default, Sierra Madre Games is entitled to charge default interest at 7% above the base rate. The right of Sierra Madre Games to claim higher losses remains unaffected by the customer's right to claim lower damages.
(4) The customer is entitled to compensation only to the extent that his counter-claims are legally established, are undisputed, or are acknowledged by Sierra Madre Games.
§ 8 Warranty and complaints
(1) The guarantee for consumers starts with the delivery of the goods and is governed by the law. The statutory limitation period for defect claims is two years for consumers. For businessmen it is one year from delivery.
Claims for defective goods are initially limited to replacement or repair. The period for repair or replacement is at least four weeks. Should the remedy fail, the customer shall be entitled to a reduction or cancellation of the contract. With only minor and insignificant defects, the customer has no right of cancellation. As far as can be recorded by the customer claims for damages, the limitations of liability must be considered in accordance with § 9. Furthermore, the guarantee is in accordance with statutory requirements. These are essentially the § § 433, 437, 439, 434 of the Civil Code.
(2) The warranty does not cover normal wear and tear, improper use, or external influences.
The warranty is void if the customer modifies the product, or allows third parties to improperly handle or misuse the product, unless the customer is able to prove that the defects are neither been caused in part by such changes and that the justification is not made more difficult by the changes. This does not affect the provisions of § 476 BGB if the customer is a consumer.
(3) Sierra Madre Games is to be notified in writing of significant deviations in delivery, obvious defects, and incorrect deliveries within a period of 10 days from receipt of good. Otherwise the assertion of the warranty claim is excluded if the customer is not a consumer. For consumers, the statutory provisions of § 442 BGB apply. To meet the deadline, timely dispatch of the notice of defect is to be given by letter, fax or e-mail to the address given in the imprint.
(4) In addition, the customer must inspect the merchandise upon receipt for obvious damage and damage to the packaging or contents and show it to the deliverer. The customer must obtain confirmation of damage from the deliverer in writing. If there is damage that is only apparent after opening the package, he must inform the deliverer immediately and get a claim confirmed. If a customer who is not a consumer fails to lodge a complaint, or lodges a complaint too late, all merit for the claim with the shipping company is lost. This does not affect the notification obligation of § 377.
§ 9 Liability
(1) Sierra Madre Games shall be liable for damages due to the absence of properties that Sierra Madre Games has pledged, as well as for damages caused by intent or gross negligence by its legal representatives.
(2) The liability for other damages incurred by the customer through a delay of Sierra Madre Games Publishing, or by Sierra Madre Games imposes a difficulty for any reason beyond a breach of a duty that was essential for the achievement of the purpose (cardinal obligation), is limited to those damages that are due to the commodity within normal use. In such a case, liability is limited to an amount equal to the respective order's purchase price.
(3) Any liability for damages, lost profits, and other financial losses to the customer, which did not occur as a result of the goods themselves, is excluded.
§ 10 Data Protection
(1) The basis for this are the relevant statutory provisions, such as the Federal Data Protection Act, and the Information and Communications Services Act (IuKDG), for the storage and processing of personal data. Sierra Madre Games is committed to protecting the privacy of all individuals who shop in our store and handles all personal information as confidential. Customer data are stored.
(2) Use of personal data
Purchase order data given to Sierra Madre Games are only used to confirm the order and execute deliveries according to the order.
Data stored in electronic form at Sierra Madre Games are regarded as admissible evidence for contractual agreements, data transfers, and payments made.
(3) Disclosure of information
Sierra Madre Games will not disclose personal data to third parties. Sierra Madre Games will send e-mails to customers for order confirmation after an order. In addition, customers receive e-mails if they have declared their desire to receive them by subscribing to the mailing list.
§ 11 Final provisions
(1) The laws of the Federal Republic of Germany are applicable. For consumers who do not sign the contract for professional or commercial purposes, this choice applies only as long as the protection provided by mandatory provisions of the laws of the State in which the consumer has a habitual residence, is not withdrawn. The provisions of the CISG does not apply.
If the customer is not a consumer, the jurisdiction is Heidelberg. Otherwise, the statutory provisions apply to the court of jurisdiction.
(2) The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions. The ineffective provision would be replaced by one that reflects the economic purpose of the most-likely intended regulation.
Ion Game Design's General terms and conditions
Thank you for your interest in our products! Below are the terms and conditions that apply to your purchase, they are here to explain your rights and if you have any questions you are always welcome to contact us and we will be happy to explain how this works. What is covered here are things such as who you are purchasing from, how to make an order, prices, shipping and delivery , right to withdrawal, and warranties. We hope that you will enjoy your purchase!
These general terms and conditions (the “General Conditions”) apply when you (“Customer” or “you”) place an order from Ion Game Design, company registration no SE559005057001 (“Company”, “us” or “we”) on iongamedesign.com, (the “Website”).
By accepting these General Conditions, you confirm that you are at least 18 years old or have your legal guardian’s permission and that you will comply with the General Conditions. You also confirm that you have read the information on personal data and cookies and approve the use of such data in accordance with the host of the website Lightspeed.
We sell products to multiple jurisdictions and these General Conditions are set out to be global . Still, depending on the jurisdiction in which you live, mandatory law may also apply. We respect such applicable laws and nothing in these General Conditions shall be seen as a limitation of your mandatory statutory rights, if such laws provide greater rights for you than set out here.
By accepting these General Conditions, you understand and accept that any order, purchase or transaction is made exclusively between the Company and the Customer, and that Tictail AB, Tictail Inc — as a platform provider - is not responsible for any content, interactions or transactions made on iongamedesign.com.
When you receive an order confirmation from us your purchase order is accepted and a purchase agreement is entered into. We encourage you to save the order confirmation for any future contacts with us. We may deny a purchase order for various reasons, for example if you provide incorrect personal data and/or have a record for non-payment of debt.
You may withdraw your order until it has been confirmed by us. We will then refund any payment that you, or your pay- or credit card company, have made for the order.
We may cancel an order if the products ordered are sold out. We will then refund any amount paid and notify you about equivalent products if such are available.
All products ordered remain our property until we have received full payment for them.
Customer information etc.
You are responsible for that the personal data that you provide us with is correct and complete.
You are responsible for all purchases made with your login details. So make sure that you keep the login details secret and that no unauthorized persons have access to them. Let us know if you suspect that an unauthorized person have obtained access to your login details.
Prices, fees etc.
The prices indicated on the Website apply to orders placed on the Website. All prices are in the currency stated on the Website and include VAT where specified (depending on where you reside VAT may however not be applicable to your purchase). If nothing else is stated on the Website the prices do not include payment- or shipping fees and these are given separately. Please note also that local charges (such as currency conversion fees, credit or bank card fees, sales tax, customs duty etc.) may apply depending on where you live and local regulations. Such charges are at your expense and will not be refunded by us.
From time to time we may, for specific products, offer more favorable conditions than those provided for in these General Conditions, for example with regards to extended right of withdrawal or free returns. Such more favorable conditions are valid only for a limited duration of time, until the specific products are sold out, and may be cancelled by us at any time, and if we do so these General Conditions will apply without amendments.
Right to Withdrawal
You may withdraw your order by notifying us within 14 days from the day that you received the ordered products. You must then send us a withdrawal notification containing your name, address, e-mail address, the order number and a specification of which products that the withdrawal relates to, for example by using the web form on the Website. You must then also, immediately and within 14 days from the date of the withdrawal notification, return the withdrawn products to us at your expense. You are responsible for the condition of the products during the shipment back to us and we therefore strongly recommend that you send these well packaged, in good condition and in their original box and/or packaging.
When an order is withdrawn by you, we will refund the price that you have paid for the products withdrawn, including any shipping costs for standard delivery to you (meaning the cheapest available method of delivery so you will not get a refund for extra costs due to that you have opted for express delivery or something similar). From the amount to be refunded we will however deduct any depreciation in value of the products if such depreciation is due to that you have handled them to a greater extent than necessary to determine their function or characteristics. Shipping costs are further only refunded if the withdrawn products form a whole order and are therefore not refunded if you cancel only parts of an order. We will pay the amount to be refunded as soon as possible and within 14 days of the withdrawal notification. We will however delay the payment until we have received the withdrawn products or proof that they have been sent to us (certificate of delivery). The refund will be paid with the same payment method that you used to pay the withdrawn products unless otherwise agreed.
Your right to withdrawal does not apply to contracts which:
- relate to a service which has been fully performed, if by placing the order you have consented to commencement of performance of the service and acknowledged that there would be no right to withdrawal after performance of the service;
- relate to goods or a service for which the price is dependent on fluctuations on the market which we cannot control and which may occur during the period between you receiving the withdrawn products and your notification to us of the withdrawal of the order;
- relate to goods which have been manufactured in accordance with your specifications or which otherwise are clearly personalized;
- relate to goods which may quickly deteriorate or expire;
- relate to goods with a broken seal which are not suitable for return due to reasons of health or hygiene, and the seal has been broken by you;
- relate to goods which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
- relate to a sealed audio or video recording or sealed computer software and the seal has been broken by you ;
- relate to individual issues of a newspaper or magazine;
- relate to digital content which is supplied other than on a tangible medium, if you have expressly consented to delivery in such way and acknowledged that there would be no right to withdrawal;
- relate to cultural events, sporting events, or any other similar leisure activity, food service, catering, or any other similar service, accommodation, transportation of goods or vehicle rental, where we are to provide the service on a specific day or during a specific period.
Warranty and Complaints
Some of our products may come with warranties. Information about such warranties is provided on the Website or in these General Conditions. The order confirmation is the certificate of warranty. Our warranties cover only original manufacturing defects and accordingly not faults arising upon or after any individual changes of the function and/or appearance of the products, such as rebuilding, upgrading or other configuration of the products.
You may, within 2 years (or such longer period prescribed by applicable mandatory law) from the day that you received the products, file complaints regarding products that are defective according to applicable consumer protection legislation. You must then send us a complaint containing your name, address, e-mail address, the order number and a specification of the products that the complaint relates to, for example by using the web form on the Website. You must also file the complaint as soon as possible after the discovery of the defect. Any filing of complaint made within two months from the discovery of the defect will always be considered filed in due time.
We will refund you for defective products in accordance with applicable consumer protection legislation and carry the cost for return delivery of the products to us. We strive to perform such refund within 30 days from receipt of a complaint and finding that a refund shall be made, but this time may be delayed depending on the nature of the product. We also strive to comply with any guidelines regarding defective products provided by the relevant national consumer protection authorities. The refund will be paid with the same payment method that you used to pay the order for the complaint products unless otherwise agreed.
Limitation of Liability
Where applicable mandatory law does not provide otherwise, our liability is limited to direct damages and under no circumstances are we liable for indirect damages such as loss of earnings etc.
Intellectual Property Rights
The Website and all its content is owned by us or our licensors and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without our prior written consent.
We reserve ourselves for any image or typographical errors on the Website, such as errors in product descriptions, technical specifications, inaccurate prices or incorrect information with regards to whether a product is in stock. We are entitled to rectify any obvious errors and, at any time, to change or update the information on the Website accordingly.
The images on the Website are for illustration purposes only and do not guarantee to reproduce the exact number of products that you would receive at an order, nor the exact appearance, function or origin of the products.
Changes to the General Conditions
We may change these General Conditions at any time. We will then set forth the changed General Conditions on the Website and they will enter into force once you have accepted them (in connection with a new order through the Website or while browsing the Website).
Governing law and disputes
In the event of a dispute, we strive to comply with any decision by the relevant national consumer protection authorities.
Any dispute regarding the interpretation or application of these General Conditions shall be governed by and construed in accordance with Swedish law, where we conduct our business and shall be subject to the non-exclusive jurisdiction of the court at the place of our incorporation. “Non-exclusive jurisdiction” means that you may bring a claim against us in another jurisdiction if provided by applicable mandatory law.
That’s all! We hope that you enjoy your purchase! These Conditions were established by Ion Game Design on 2018-04-01