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§ 1 Scope and Provider
(1) These terms and conditions apply to all orders you make at the online store of

Arcade Classic
Waldstr. 21
86517 Wehringen
Christian Dobler

(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18.

(3) Our shipments, services and offers are exclusively based on these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again.

The inclusion of general terms and conditions of a customer being contrary to our terms and conditions, is explicitely objected.

(4) Contract language is exclusively German.

(5) You can view and print the currently valid terms and conditions on the website www.arcadeclassic.de

§ 2 Conclusion of contract
(1) The presentation of goods in our online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking on the button ["order now for payment" / "buy"] you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can review the order and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgement of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. The confirmation of receipt does not constitute a contract yet.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you without prior explicit acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately by the time your order is placed.

§ 3 prices
The prices stated on the product pages include VAT and additional price components whereas the respective shipping costs are excluded. For more information about shipping costs, please visit our website at ["Shipping Information" / "Terms of Delivery"].

§ 4 Terms of payment; delay
(1) Payment may be effected by:

Invoice in advance,
PayPal or
debit.

(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you limited methods of payment only, e.g. payment in advance to minimize our credit risk.

(3) If you opt for payment in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.

(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there. If not, you’re obliged to register first. Afterwards you can legitimize yourself with your access data and confirm the payment order to us. After placing the order in the shop, PayPal is requested to initiate the payment transaction. You'll get further information during the ordering process. Immediately afterwards the payment transaction will be carried out automatically by PayPal.

(5) If you pay by direct debit, you may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.

(6) If you make default in payment, you are obliged to pay the statutory default interest amounting to 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged with an administration fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.

§ 5 set-off / right of retention
(1) You are only entitled to exercise a set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address specified by you.

(2) The goods remain our property until full payment of the purchase price.

(3) Exceptionally, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but we’re not supplied correctly or on time (congruent hedging transaction). This is valid on condition that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not take the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock and the goods we order from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

- We reserve ownership of the goods until the complete settlement of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

- You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in amounting to the invoiced sum, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

- We committed ourselves to release the securities to which we are entitled on request given that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Cancellation Policy
In case you are a consumer within the meaning of § 13 BGB, i.e. you purchase the goods for purposes that cannot be connected to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us
 

Arcadeclassic
Waldstr. 21
D – 86517 Wehringen
+49 (0) 8234 802 16 65
service@arcadeclassic.de

by means of a clear statement in written form (e.g. by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required, however.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal within the above mentioned revocation period.

Consequences of the cancellation

If you withdraw from this agreement, we have to restitute all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than standard delivery)

immediately and at the latest within fourteen days from the date on which the notification of your revocation has reached us. For this repayment, we use the same means of payment that you’ve chosen in the original transaction, unless otherwise agreed with you; there won’t be charged any repayment fees.

We may refuse to reimburse your payment until the goods will have been arrived in our stock or until you have provided proof that you have returned the goods.

You must return or hand over the goods to us without delay within fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss in value is caused by a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

End of revocation instruction.

(1) The right of withdrawal does not exist

- for customized goods i.e. goods which are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer meeting his personal needs.

- in the case of delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery or

- if sound or video recordings or computer software are delivered in a sealed package, if the seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. In case you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage in order to avoid claims for damages due to defective packaging.

(3) Please call us before returning the goods Tel.No. +49 8234 802 16 65 to announce the return consignment. This way, you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

(1) If goods are delivered with obvious transport damages, please report such defects to the deliverer immediately and please contact us as soon as possible.

(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, you help us with asserting our own claims against the carrier or the transport insurance.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims on used goods - contrary to the legal provisions - is one year. This restriction does not apply to claims resulting from physical damage, injuries or the violation of a major contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) For the rest, the statutory provisions, in particular the two-year period of limitation according to § 438 (section 1) no. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:

- Our own information and the product description of the manufacturer are exlusively binding for the condition of the goods, whereas public suggestions and statements and other advertising of the manufacturer don’t.

- You are obliged to inspect the goods immediately and with the required care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the date of discovery. If the the obligation to inspect and notify is violated, the assertion of the warranty claims is excluded.

- In the case of defects, we provide warranty at our choice through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of delivery, unless the shipment corresponds to the intended use of the goods.

- If the supplementary performance fails twice, you can request a reduction or withdraw from the contract.

- The warranty period is one year from date of delivery.

§ 10 Liability

(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence in accordance with the Product Liability Act. In case of slight negligence we are liable for damages resulting from injury to life, body and health.

(2) For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a major contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage predictable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Reference to the return and disposal of batteries / accumulators and electrical and electronic equipment

Batteries and electrical appliances must not be disposed with household waste to avoid environmental damage. You can do this by handing out your old batteries free of charge at public collection points in your community or wherever batteries are sold. You can also hand in your old electrical appliances for free at one of the municipal collection points. The acceptance of WEEE may be rejected if there is a risk to human health and safety due to contamination.

Waste batteries and accumulators not enclosed in the old equipment are to be separated from them before disposal.

The sign "garbage bin" means that electrical appliances and certain batteries are to be collected and discarded separated from household waste.

You will also find the following information on batteries containing harmful substances:

Pb: Battery contains lead
Cd: battery contains cadmium
Hg: battery contains mercury

You have to take responsibility for the deletion of personal data.

§ 12 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This enables consumers to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link https://ec.europa.eu/consumers/odr/.

We endeavour to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in arbitration and may not offer to participate in such a procedure.

§ 13 Final Provisions

(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining regulations otherwise.

(2) German law is exclusively applicable to contracts between you and us excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.