1. Area of Validity
These Terms and Conditions shall apply to the entire business area of Gameroo GmbH (hereinafter referred to as "Company"). The Company offers online games that can be downloaded.
2. Conclusion of Contract
The contract is created when the Company confirms the agreement of the purchase of products and / or services by the Customer.
The contract is definitely created when the Customer uses the services offered by the Company and / or orders products from the Company’s online shop or directly purchases them.
Unless otherwise agreed, all prices shall be in Swiss francs (CHF). All prices include the respective statutory value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The Company reserves the right to change the prices at any time. The price shall be the current price listed on the Company’s website at the date of contract conclusion.
If a commission has been agreed upon, it is owed by the Company after the Customer’s obligations have been fulfilled. The Company shall pay the commission regardless of whether or not the end user pays the Customer.
The Company offers the following payment methods to the Customer: credit card, PayPal, instant money transfer.
If the invoice is not paid within the before mentioned payment period, the Customer will receive a past due reminder notice. If the Customer fails to pay the invoice within the newly set timeframe, he automatically falls into default.
From the time of default, the Customer shall be liable for default interest of 5% (five percent).
The Company has the right to demand advance payment at any time without giving reasons.
If products are also offered for sale, rent or other use through an online platform, the Company is entitled to request electronic payments during the ordering process (credit cards, PayPal, or other payment methods).
In case of a possible demand against the Company it is not permissible for the Customer to add their amount owed to the charge.
The Company has the right to refuse delivery or service in case of default of payment.
5. Obligations of the Company
5.1. Delivery / Delivery Dates
Delivery shall occur within 1 (one) business day after the order has been received. If timely delivery is not possible, the Customer will be notified by the Company within 1 (one) business day after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of fulfillment shall be the headquarters of the Company. The obligation of the Company shall be deemed fulfilled when the ordered products are delivered to the agreed carrier. If no carrier has been chosen, the Company can select a carrier. The agreed delivery costs shall not increase after selecting a carrier.
5.2. Service Provision
Unless otherwise agreed, the Company fulfills its obligation by providing the agreed service. If no further provisions and terms are agreed upon, the place of fulfillment shall be the headquarters of the Company.
The parties shall have the exclusive right to utilize additional people to assist in fulfillment of their contractual obligations. The parties have to ensure that this is done in compliance with all compulsory statutory provisions and any collective labor agreements where applicable.
6. Customer Obligations
The Customer is obliged to immediately take all the necessary measures that are necessary to fulfill the services through the Company. The Customer has to fulfill the provisions at the agreed place, at the agreed time, and at the agreed rate. Depending on the circumstances, this includes the provision of suitable information and documents for the Company.
The Company is a provider of an online platform. By accepting these Terms & Conditions the Customer confirms that he has unlimited capacity to act and is of legal age. During the registration process the Customer expressly declares that all information provided is the truth. The Customer is fully responsible for the secure storage of his access data and passwords. The Customer is solely responsible for the content of uploaded data. The Customer specifically guarantees that the data is legal, accurate and up-to-date. Any upload / publishing of protected, illegal or offensive material, including plagiarism, is strictly prohibited and the Company cannot be held liable. On the internet platform of the Company the Customer shall only offer products over which he has authorization and they must be free from any legal claims of third parties. Furthermore, the Customer shall only offer services that he is entitled to offer and for which he has the necessary knowledge and skills. The Customer shall not make false, misleading or unfair statements about the products or services. He is obligated to disclose of any defects and provide details of payment and delivery. No claim shall be made on advertisements placed on the platform operated by the Company. The Company reserves the right to reject a Customer without any explanation and is entitled to not publish the offer or delete his published offer as well as the account. Any amounts already paid will not be reimbursed to the Customer. The Company reserves the right to control the behavior of their Customers using the internet platform. The Company is entitled to check the legality of advertisements published by the Customer on the online platform at any time. Regardless of fault, the Customer is fully liable to the Company, its organs, employees and assistants for all damages caused in connection with the use of the internet platform. The Customer has to release them from claims of third parties and is solely responsible to pay the costs incurred.
It is prohibited for the Customer to solicit, recruit or hire the Company’s employees or other assistants either on his own account or for the account of a third party without the prior written consent of the Company. Even after the contract has ended, it is prohibited for the Customer to directly or indirectly hire employees or other assistants of the Company. This prohibition is limited to the area of employment by the employee or assistant and stays in effect for up to one year.
8. Returns and Exchanges
There are no returns or exchanges for the products.
The Company guarantees that the product complies with the product specifications.
The Company gives a warranty of the above for a maximum of 24 (twenty-four) months.
The Company has to be notified immediately of a possible defect. The Company has the right to decide whether the defective product will be repaired or replaced. The Customer is only entitled to a price reduction or a refund of the purchase price if a replacement or repair is not possible. Third party repairs do not qualify for reimbursement of any kind. The Customer is not entitled to a replacement during the repair period. A new warranty starts for the repaired item after the repair is completed, while the original warranty period continues for the remaining products.
The Company guarantees that the agreed services are fulfilled in standard quality within the industry.
Liability is excluded for any indirect damages and damages caused by a defect in its entirety.
The liability for direct damages is limited to the contract sum. Direct damages caused by gross negligence or intentional conduct are strictly excluded from this limitation of liability.
It is the responsibility of the Customer to report any damages to the Company immediately.
Any liability for assistants is completely excluded.
11. Intellectual Property Rights
The Company owns all rights of the products, services and possible brands or is entitled by the owner to utilize them.
Neither these Terms and Conditions nor any individual agreements shall transfer any intellectual property rights, unless explicitly mentioned.
Unless the Company explicitly gives authorization, any further use, publication and accessibility of information, images, texts or others, that the Customer receives in connection with these provisions is prohibited.
If the Customer uses within the context of the Company content, texts or pictures to which third parties own copyrights, the Customer must ensure that no third-party copyrights are infringed.
The Company has the right to process and use the data from the contract in order to fulfill the contractual obligations. The Company ensures that necessary measures are taken to secure the data in accordance with legal regulations. The Customer agrees fully that his personal data is stored and used by the Company in accordance with the contract and is aware that if a court or other authority requires it, the Company is obliged and entitled to disclose the Customers information to the appropriate authority or third parties. The Company has the right to use the Customers data for marketing purposes, unless the Customer specifically prohibits it. The data necessary for the contractual fulfillment can also be given to service partners or other third parties.
The data protection regulations are applicable.
The Company has the right to change these Terms and Conditions at any time.
The new version will be effective 30 (thirty) days after upload to the Companys website.
For the Customer the version of the Terms and Conditions that was in effect at the time of contract conclusion applies, unless the Customer agreed to a newer version of the Terms and Conditions.
These Terms and Conditions have priority over all older regulations and contracts. Only provisions from individual contracts which specify the provisions of these Terms and Conditions shall have priority over these Terms and Conditions.
15. Severability Clause
The validity of the contract shall not be affected if any provision of this contract or a supplement to this contract should be or become invalid. The contractual parties shall replace the invalid provision with an new provision which closely matches the intended economic purpose of the invalid provision. This is also applicable to any contractual gaps.
Both parties and their assistants are obligated to keep all information, which has been submitted or obtained in regards to the services, confidential. After the end of the contract this obligation shall stay in effect.
17. Force majeure
If the timely fulfillment by the Company, its carriers or third parties is impossible due to force majeure such as natural catastrophes, earthquakes, volcanic eruptions, avalanches, blizzards, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents and damage to the nuclear reactor, power failures, damage to the server, and outside attacks, the Company shall be exempted from fulfilling its obligations during the period of force majeure as well as a reasonable start-up time. If the force majeure lasts longer than 15 (fifteen) days, the Company can withdraw from the contract. The Company is required to reimburse the amount paid by the Customer in full.
Any further claims are excluded, in particular claims for damages due to force majeure.
18. Agents and Sales Partners
The Customer acknowledges that potential sales partners or agents are independent from the company due to their independent work status and any potential claims shall be put directly against them. The Company is not liable for breaches of contract by any agents and sales partners.
19. Governing Law / Jurisdiction
These Terms and Conditions are subject to Swiss law. If there are no mandatory statutory provisions, the responsible court is the court in the jurisdiction of the headquarters of the Company. It is the Company’s right to bring a law suit to the defendant’s registered jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
20. Seller's fees
Unless otherwise stated, the seller must pay 10.1% + 0.30€ per sale to the Company. Payout fee via Paypal 2% or up to 70€. Only Euro possible. Payout fee via Bank 0.4-0.6%. Only Euro possible.