SCOPE OF APPLICATION AND CONTRACTING PARTIES
The following General Terms and Conditions (hereinafter referred to as "Terms") apply to all business relationships with you as a customer (hereinafter also referred to as "Customer"), which are initiated, concluded and processed via the online store www.cgn.gg (hereinafter referred to as "CGN"). The Terms in the version valid at the time of the order by the Customer shall apply to the business relationship between CGN and the Customer. The current version of the Terms can be viewed and printed out at www.cgn.gg under the heading "Terms".
CGN is operated by
the CGN Esports GmbH, Registered at District Court Cologne,
Registered office: Vogelsanger Str. 295, DE 50825, Cologne Germany
Management: Lucas Studt
The exclusive contractual partner of the customer is CGN Esports GmbH.The range of goods offered by CGN is aimed at consumers and entrepreneurs. CGN expressly reserves the right to deliver the offered goods in customary quantities. The Terms also apply to companies for future business relations, even if they are not expressly agreed again.
A consumer in the sense of the Terms is any natural person who enters into the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
Our offers and services are provided exclusively on the basis of our Terms. Individual agreements made between CGN and the customer take precedence over the Terms. Conflicting or other terms of the customer are expressly contradicted, unless CGN expressly agrees to their validity in writing.
CGN is entitled to unilaterally amend these Terms, insofar as they are introduced into the contractual relationship with the customer, insofar as this is necessary for the elimination of equivalence disruptions that arise subsequently or for the adaptation to changed legal or technical framework conditions. CGN will inform the customer about an amendment and the content of the amended provisions. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks after receipt of the amendment notification. CGN will inform the customer of the aforementioned period in the event of an adjustment of the Terms.
CGN's offer of goods is exclusively directed at persons who have reached the age of 18.
CONCLUSION OF CONTRACT
A contract is concluded either in electronic business transactions via the store system or via other means of remote communication such as telephone and e-mail.
Order by the customerThe ordering process for the conclusion of the contract includes the following steps in the store system:
Selection of the offer in the desired specification (size, color, quantity).
Insertion of the offer into the shopping cart
Pressing the "order" button
Entering the billing and delivery address
Selection of the payment method
Checking and processing of the order and all entries
Pressing the "Buy" button
Confirmation e-mail that the order has been received.
An order is bindingly triggered on the part of the Customer when the electronic control panel (button) "Buy" is clicked by the Customer in the "Shopping Cart" area at the end of the ordering process. Before clicking the "Buy" button, the previously entered data and the contents of the shopping cart can be changed at any time or the ordering process can be cancelled by leaving the online store. By placing an order, the customer submits to CGN a binding offer to conclude a purchase contract.
In addition to the store system, orders can also be placed via remote means of communication (telephone/e-mail), whereby the order process for the conclusion of the contract in the case of an e-mail includes the following steps:
sending the order email
confirmation e-mail that order has been received.
Acceptance of the offer by CGN.
The confirmation sent by CGN to the customer by e-mail does not constitute an acceptance of the customer's offer for both order methods, but merely informs the customer that the order has been received by CGN (confirmation of receipt). CGN is entitled, but not obliged, to accept the customer's contractual offer within 14 days of receipt of the offer. A purchase contract is only concluded when CGN (i) expressly declares acceptance of the purchase offer (order confirmation) or (ii) ships the ordered product to the customer. No purchase contract is concluded for products from one and the same order that are not listed in the order or shipping confirmation.
CGN does not store the contract text and/or the respective terms in such a way that they are accessible to the customer in any case even after conclusion of the contract. Only the current contract text and/or General Terms and Conditions will be made accessible in each case.
PRICESAll prices are final prices and include the statutory value added tax. The prices stated at the time of the order shall apply.
SHIPPING COSTS, RETURN COSTS AND SHIPPING RISKThe customer bears the usual shipping costs. The shipment is made within the Federal Republic of Germany by standard package. A delivery abroad will be made by express parcel. Any additional costs for shipping options requested by the customer and additionally offered by CGN are shown separately in the order form and are to be borne by the customer. If a right of revocation exists and is exercised, the customer shall bear the direct costs of the return shipment.
If the customer is a consumer, CGN bears the shipping risk regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by CGN to the commissioned logistics partner.
By concluding a purchase contract, the customer agrees that it may take up to fourteen days for the goods to arrive. Longer delivery times may apply when shipping to foreign countries.
TERMS OF PAYMENTOnly the payment methods displayed to the customer during the ordering process will be accepted. Sales against invoice or payment in advance do not take place. CGN is entitled to limit the available payment methods depending on the result of the credit check and the order value to the customer. Refunds of the purchase price are always made via the payment method chosen by the customer.
Payment is due from the date of invoice without deduction. The customer is only in default after a reminder.
A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
The set-off with claims of the customer is excluded, unless these are indisputable or legally determined.
DELIVERY CONDITIONS, FORCE MAJEUREThe goods will be shipped immediately after receipt of payment. In the case of the PayPal payment method, the goods will be dispatched after payment confirmation by CGN. On average, the goods are shipped no later than three days after receipt of payment. The standard delivery time is seven days, unless otherwise stated in the item description.
If there is a permanent obstacle to delivery, in particular force majeure or non-delivery by suppliers/subcontractors, although a corresponding covering transaction was made in due time, CGN has the right to withdraw from a contract with the customer in this respect. A procurement risk is not assumed by CGN. The customer will be informed immediately and any services received, in particular payments, will be refunded.
RESERVATION OF TITLE, PROCESSING CLAUSEThe goods remain the property of CGN or its suppliers/subcontractors until the purchase price has been paid in full. In the case of entrepreneurs as customers, ownership of the goods remains with CGN or its suppliers/subcontractors until all claims arising from the current business relationship have been settled in full. Resale of the goods in the ordinary course of business is permissible, in which case the customer already now assigns to CGN all claims in the amount of the invoice amount arising from the resale. CGN accepts the assignment. However, the customer remains authorized to collect the claims. Insofar as the customer does not properly meet its payment obligations, CGN reserves the right to collect claims itself.
In the event of combination and mixing of the reserved goods, CGN shall acquire co-ownership of the new item(s) in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. CGN undertakes to release the securities to which it is entitled upon request to the extent that the realizable value of its securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon CGN. When selecting the securities to be released, CGN shall give sufficient consideration to the interests of the customer.
RIGHT OF RETURN AND CUSTOMER SERVICE
The regulations for distance contracts as well as the regulations of clause 8. are not applicable to customers who are entrepreneurs. Entrepreneurs do not have a right of withdrawal due to distance contracts. CGN does not grant such a right either.
Right of return
As a consumer, the customer has a right of revocation according our refund policy.
Consumer as customer:
In case of defects of the delivered goods, the customer is entitled to the statutory rights.
Claims for damages by the customer due to obvious material defects of the delivered goods are excluded if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
CGN's liability for damages, irrespective of the legal grounds (in particular in case of delay, defects or other breaches of duty), is limited to the foreseeable damage typical for the contract.
The above limitation of liability does not apply to CGN's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
Entrepreneur as customer:
The customer shall carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed approved by the Customer if a defect is not reported to us (i) in case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.
CGN's liability for damages, irrespective of the legal grounds, shall be limited, insofar as fault is relevant in each case, in accordance with the following provisions:
CGN shall not be liable in the event of simple negligence of its organs, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are the obligation to deliver and install the delivery item in due time, its freedom from defects of title as well as such material defects which impair its functionality or usability more than insignificantly, as well as consulting, protection and care obligations which are intended to enable the customer to use the delivery item in accordance with the contract or which are intended to protect the life and limb of the customer's personnel or to protect the customer's property from significant damage.
To the extent that CGN is liable for damages on the merits, such liability shall be limited to damages which CGN foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or which it could have foreseen by exercising due care. Indirect damages and consequential damages which are the consequence of defects of the delivery item are only compensable insofar as such damages are typically to be expected when using the delivery item as intended.
In the event of liability for simple negligence, CGN's liability to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to an amount of EUR 100 per case of damage, even if it concerns a breach of material contractual obligations.
The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of CGN.
Insofar as CGN provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by it, this is done free of charge and to the exclusion of any liability.
The limitations of this clause do not apply to CGN's liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
The warranty period is one year, calculated from the date of conclusion of the contract.
PROHIBITION OF ASSIGNMENT AND PLEDGE
Claims or rights of the customer against CGN may not be assigned or pledged without the written consent of CGN, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
CGN may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as CGN is obliged to store this data due to statutory provisions.
CGN reserves the right to transmit personal data of the customer to credit agencies as far as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in the individual case. CGN will also not otherwise pass on personal customer data to third parties without the expressly declared consent of the customer, except insofar as there is a legal obligation to hand it over.
CGN is not permitted to collect, transmit or otherwise process personal data of the customer for purposes other than those stated in this clause.
LANGUAGE, PLACE OF JURISDICTION AND APPLICABLE LAW
The contractual language is German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this shall only apply insofar as this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident.
To the extent permitted by law, the place of jurisdiction for all claims between the customer and CGN shall be Cologne.
The invalidity of any provision of these Terms shall not affect the validity of the remaining provisions.
IMPLEMENTATION OF THE ODR DIRECTIVEOnline Dispute Resolution pursuant to Article 14 (1) ODR Regulation
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.