General terms and conditions & data privacy statements
For participation in in lotteries or other services of Neutron Games GmbH the following general terms and conditions apply.
You can print out and save these general terms and conditions in reproducible form at your discretion.
1. Scope of application
a) We offer our services exclusively for consumers according to Sec. 13 of the German Civil Code (BGB). The use of .our games and services in exercise of trade, business or profession is prohibited.
b) Persons are only allowed to participate in our services if they are at least 18 years old when they make use of our services or if their legal representatives have agreed/consented to the use. By sending their order they confirm (i) to be full age and to have the capacity to contract or (ii) if they are below 18 years old to have the consent of their legal representative.
2. Availability and prices
a) We will deliver the services subject to its availability. We do not warrant the availability.
b) In case of non-availability of a service we will inform you without undue delay at our website www.handball-challenge.com.
a) Our liability for infringement of contractual obligation as well as for tort is limited to wilful misconduct and gross negligence. This does not apply in case of death or injury of persons, in case of a breach of essential duties, that means duties which make the duly realization of the agreement possible in the first place and regarding which you may trust that they are observed and in case of damages for delay. In those cases we are liable for simple negligence as well.
b) The limitations of liability mentioned above do also apply for simple negligence of our agents.
c) To the extent our liability is excluded or limited, this also applies for the personal liabilities of our employees and agents.
4. Applicable law/place or jurisdiction
a) This agreement is governed by German law. The applicability of United Nations Conventions on Contracts for International Sale of Goods (CISG) is explicitly excluded. This does not apply to the extent specific consumer protection provisions of a country of origin of the consumer are more favourable (Art. 29 of the Introductory Law of the German Civil Code EGBGB).
b) In case you do not have a place of general jurisdiction in Germany or in another member state of the European Union the exclusive place of jurisdiction for all disputes resulting from or in connection with this agreement is our seat of business, Berlin, Germany.
5. Data protection
a) According to secs. 28 and 33 of the German Data Protection Act we point our that we use electronic data processing for the distribution and the handling of this agreement. For this we ourselves or via third parties will save your potential personal data to the extent they are relevant for the handling of the agreement.
b) Your are always entitled to claim for information, correction, blocking and deletion of your data saved free of charge. Please contact email@example.com or send your request via regular post or telefax.
c) We do not forward your personal data to third parties without you explicit and always revocable consent. Excluded hereof are our service partners, which need the forwarding of the data to handle your order. However, in those cases the extent of the data forwarded is limited to the necessary minimum.
d) With confirmation of these terms participants grant the consent that their personal data may be used for advertising and marketing purposes by Neutron Games GmbH. Therefore advertising materials and information in connection with the products and services or other offers of Neutron Games GmbH and its partners can be forwarded via e-mail.
6. Instruction for Revocation / Statutory right of revocation
Right of revocation
You are entitled to revoke this declaration of intention to conclude the contract within two weeks without stating any grounds in textual form (e.g. via letter, telefax or email) or by return of the products. The period begins after the receipt of this declaration, however not prior to the conclusion of the agreement and before we complied with our information duties according to § 312c Abs. 2 BGB, Article 246 § 2 in connection with § 1 Abs. 1 und 2 EGBGB and our duties according to § 312e Abs. 1 Satz 1 BGB in connection with Article 246 § 3 EGBGB. To comply with the term, the timely posting of the revocation declaration or the product is sufficient.
The revocation is to be directed to
Neutron Games GmbH
(BIG, Gebäude 12)
Fax: +49 (0)30 46 30 76 49
Consequences of a revocation:
In case of a valid revocation any performance received is to be returned as are benefits derived from such performance. In case you are in total or partially not able to return the performance received or in a deteriorated condition, you have to pay compensation for value. In case of surrender of virtual products this does not apply if the deterioration of the product solely results from its examination - like it would have been possible in a regular shop. An obligation to compensate exists, if you use the virtual products in a manner, not compliant with the basic rules of the German Civil Code - like good faith or unjust enrichment. You can furthermore avoid the obligation to compensate for value by not using the virtual products like an owner and by avoiding anything which impairs the value. Obligation to repay payments have to be fulfilled within 30 days. The time period starts for you with the sending of your revocation statement, for us with the receipt of it.
Premature expiration of the right of revocation:
Your right to revoke expires prematurely if the contractual obligations are fully met by both parties at your express request before you have exercised your right of revocation. This is considered to be the case when you have made use of the services and/or Premium features and have paid for these in full.
End of instruction for revocation
Berlin, December 1st, 2010