Terms and Conditions

GTC

Table of Contents

§ 1 Scope
§ 2 Conclusion of Contract
§ 3 Right of Withdrawal
§ 4 Prices and Payment Conditions
§ 5 Delivery and Shipping Conditions
§ 6 Retention of Title
§ 7 Liability for Defects (Warranty)
§ 8 Liability
§ 9 Promotional Vouchers
§ 10 Gift Vouchers
§ 11 Applicable Law
§ 12 Place of Jurisdiction
§ 13 Information on Online Dispute Resolution
§ 14 Note on Data Processing
§ 15 Final Provisions

§ 1 Scope

Seller within the meaning of these GTC is
NPLAY Games GmbH
Paderborner Straße 13
33415 Verl
Germany
Email: contact@nplay.games

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding goods and/or services displayed by the Seller in its online shop on the platform https://tram-bus-simulator.com (hereinafter "Seller"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

(3) These GTC shall apply mutatis mutandis to contracts for the supply of vouchers, unless expressly stipulated otherwise.

(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.

(2) The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

(3) Before submitting a binding order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

(4) The Seller can accept the Customer's offer within five days by sending the Customer a written order confirmation (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or by requesting payment from the Customer after he has placed his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

An order confirmation received initially does not yet constitute acceptance by the Seller. It is only intended to inform the Customer that his order has been received.

(5) The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.

(6) When submitting an offer via the Seller's online order form, the contract text (consisting of the order, GTC and order confirmation) is stored by the Seller and sent to the Customer after sending his order, together with the present GTC in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by entering the corresponding login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.

(7) Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

§ 3 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal.

(2) For contracts for the delivery of digital content that is not on a physical data carrier (e.g., software download, digital products, or activation keys), the right of withdrawal expires prematurely in accordance with § 356 (5) BGB if:

  • the Seller has begun the performance of the contract,
  • the Customer has expressly consented to the Seller beginning the performance of the contract before the expiry of the withdrawal period, and
  • the Customer has confirmed his knowledge that he loses his right of withdrawal by his consent when the performance of the contract begins.

(3) By completing the purchase of a digital product, the Customer expressly agrees that the Seller begins the performance of the contract before the expiry of the withdrawal period. The Customer also confirms that he is aware that he loses his right of withdrawal by this consent.

(4) A withdrawal is therefore excluded after the provision of the digital content.

 § 4 Prices and Payment Conditions

(1) Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory value-added tax. 

(2) The Customer has various payment options available, such as credit card or PayPal. 

(3) The purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by failing to meet the deadline.

(4) Insofar as the payment method chosen by the Customer cannot be carried out despite the Seller's contractual performance, in particular if a debit from the Customer's account is not possible due to insufficient funds or the provision of incorrect data, the Customer shall reimburse the Seller or its vicarious agents commissioned with the processing for any additional costs incurred as a result.

(5) The Customer's payment data may be collected and stored by an external payment service provider. Depending on the chosen payment method, the Customer may also have to provide account or other payment data. If the chosen payment method involves an external payment service provider (such as instant bank transfer or PayPal), the Customer may have to provide further data to the payment service provider or, if the Customer already has an account there, will have already provided it. The data protection information of the respective payment service provider therefore also applies. All information and data made accessible to the Seller during payment will only be used internally for business processing. They will not be passed on to third parties.

§ 5 Delivery and Shipping Conditions

(1) The digital content offered by the Seller is delivered exclusively in electronic form. No physical goods are shipped.

(2) The digital content is usually provided immediately after the conclusion of the contract or after successful payment. Provision can be made depending on the product either by:

  • displaying a download link or activation key on the website,
  • sending via email, or
  • making available in the customer account.

(3) The customer is obliged to provide a valid email address when ordering and to ensure that the reception of the provided content is technically possible. In particular, the customer must ensure that emails from the seller are not blocked by spam filters.

(4) Should the provision be delayed for technical reasons, the seller will inform the customer immediately.

(5) The customer is responsible for fulfilling the necessary technical requirements for using the digital content. This includes, in particular, suitable hardware and software and a functioning internet connection.

(6) Unless otherwise specified, the customer receives a simple, non-transferable right of use for the acquired digital content.

§ 6 Usage Rights for Digital Content

(1) By acquiring a digital product, the customer receives a simple, non-transferable right to use the acquired content.

(2) The customer is not entitled to reproduce, distribute, or make the digital content publicly accessible without the express consent of the seller.

(3) For activation keys (e.g., game keys), the terms of use of the respective platform also apply.

(4) After successful activation of a product on a third-party platform, a return or exchange is excluded.

§ 7 Retention of Title

(1) Towards consumers, the seller reserves ownership of the delivered goods until full payment of the owed purchase price.

(2) If the customer is a merchant according to the German Commercial Code (HGB), the seller retains ownership of all delivered items until receipt of all payments from the business relationship.

 § 8 Liability for Defects (Warranty)

(1) The statutory provisions on liability for defects apply to digital content.

(2) A defect exists in particular if the provided digital content does not have the agreed quality or is not suitable for the contractually assumed use.

(3) The customer is obliged to report obvious defects immediately after becoming aware of them and to provide the seller with as precise a description of the problem as possible.

(4) In the event of a defect, the seller has the right to subsequent performance. Subsequent performance is carried out at the seller's discretion by:

  • providing defect-free digital content or
  • re-providing an activation key

(5) If subsequent performance fails or is unreasonable, the customer may, in accordance with statutory provisions, reduce the purchase price or withdraw from the contract.

(6) No warranty is given for restrictions that are beyond the seller's control, particularly those caused by third-party platforms (e.g., activation platforms like Steam), provided that the digital content itself was provided free of defects.

(7) For entrepreneurs, the warranty period for digital content provided by the seller is 12 months from provision.

§ 9 Liability

(1) Claims of the customer for damages are excluded. This excludes damages resulting from injury to life, body, or health, or in the case of other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives, or its vicarious agents. Furthermore, the seller is liable in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies (cardinal obligations). In the case of slight negligence, the seller's liability is limited to damages that are foreseeable and typical for the type of business, unless it concerns damages resulting from injury to life, body, or health.

(2) This limitation of liability also applies in favor of the seller's vicarious agents and legal representatives, insofar as claims for damages are asserted directly against them.

(3) The provisions of the Product Liability Act remain unaffected.

 § 10 Promotional Vouchers

(1) Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

(2) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

(3) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

(4) Only one promotional voucher can be redeemed per order.

(5) The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

(6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

(7) The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

(8) The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partially with the promotional voucher within the scope of his statutory right of withdrawal.

(9) The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of power of representation of the respective holder.

§ 11 Gift Vouchers

(1) Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

(2) The gift voucher is valid for three years from the date of purchase, starting from the calendar year following the purchase.

(3) Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

(4) Only one gift voucher can be redeemed per order.

(5) Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

(6) If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

(7) The credit of a gift voucher will neither be paid out in cash nor accrue interest.

(8) The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of power of representation of the respective holder.

(9) We assume no liability or can offer no replacement for lost, stolen or illegible vouchers not caused by us.

§ 12 Applicable Law

(1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(2) Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

 § 13 Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

 § 14 Alternative Dispute Resolution according to Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

 § 15 Note on data processing

(1) The seller collects customer data within the framework of contract processing. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the seller will only collect, process or use the customer's inventory and usage data to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the seller will not use the customer's data for advertising, market or opinion research purposes.

§ 16 Final Provisions

(1) Contracts between the seller and the customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's registered office.

(3) Even if individual points are legally ineffective, the contract remains binding in its remaining parts. Where available, statutory provisions shall replace the ineffective points. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid as a whole.