§ 1 Scope
(1) These terms and conditions apply to all business transactions between Sierra Madre Games (Owner: Phil Eklund) and its customers, as defined at the time of the contract as amended.
(2) Our general terms and conditions apply exclusively, subject to the Laws of the Federal Republic of Germany. The Laws of other nations as well as international sales laws are excluded. Opposing or deviating from our terms with alternate customer conditions will not be recognized.
§ 2 Prices
(1) All prices include VAT, as calculated at the time the order is received. The publication of a new price list or catalog invalidates previous editions, errors and omissions excepted. In the case of "bundled" products, the required selling price of the publisher is applied.
§ 3 Termination of the contract
(1) This offer does not apply to Sierra Madre Games articles for sale on the Internet § 145 ff BGB.
(2) When a customer sends an order by e-mail to Sierra Madre Games, he makes an offer according to § 145 BGB.
(3) The agreement with Sierra Madre Games is valid when Sierra Madre Games accepts this offer. Acceptance is subject to the availability of the goods or services ordered. Acceptance by Sierra Madre Games is not required; the customer waives this per § 151 S. 1 BGB. If Sierra Madre Games does not accept the agreement, the customer will be notified by email.
(4) All goods and services are solely those conditions in effect at the time of signing the current version of the contract. With his purchase order, until no later than the receipt of our delivery, the customer agrees to these terms explicitly. The customer can be either a consumer according to § 13 BGB or an entrepreneur according to § 14 BGB.
Any deviation from these conditions or the conditions of supplementary agreements shall be in writing. Said deviations are not part of the contract, even if not explicitly contradicted, unless the revised conditions are agreed to in writing. These conditions comprise a framework applicable to the entire range of business transactions, especially for future orders.
§ 4 Delivery
(1) The nature of the shipment depends on the shipping terms specified in the online shop and where possible the customer’s choice.
(2) The delivery takes place in each individual case according to the designated shipping costs.
(3) The performance for the delivery and payment is in the city of Karlsruhe Germany. If the customer is a consumer, he is subject to the statutory provisions.
a) With the delivery of the sales item, the risk of accidental loss and deterioration of the item is assumed by the customer. The delivery is the same if the customer is in arrears.
b) A delivery request to a location other than the place of fulfillment is done at the risk of the customer. If the customer is not a consumer, this risk is assumed as soon as the seller gives the goods to the shipper, the carrier, or otherwise-designated person or institution charged with delivery.
c) If delivery is delayed through the fault of the customer, especially if the customer provides an incorrect or incomplete delivery address, the liability is from the date of dispatch to the customer.
(4) Partial deliveries are permissible unless it is unacceptable for the customer.
(5) If the customer defaults on acceptance, we may refuse further deliveries - even from other contracts - after a reasonable grace period withdraw from the contract and seek damages for breach of contract.
(6) The order will be processed immediately upon receipt by us and the goods as quickly as possible, subject to the availability of goods in the warehouse, usually shipping within 1-3 business days to the customer. If an item is no longer in stock or not available, or if there are any obstacles to delivery, the customer will be notified promptly within 14 days. Delivery times are only binding if they are included in our written order confirmation. Exceeding binding delivery deadlines, the customer has to grant us a reasonable extension. If after the grace period the delivery still has not been made, the customer can exclude other claims - subject to any rights. The terms of § 8 (warranty) will cancel the contract. The same applies to non-binding delivery deadlines, if these are exceeded by 6 weeks.
(7) Sierra Madre Games is not held liable if the delivery to the customer is prevented or prolonged beyond the normal delivery period by acts of God, legal or regulatory actions, transport and operational disturbances, strikes or other circumstances beyond the control of Sierra Madre Games.
(8) Sierra Madre Games is entitled to rescind the contract if Sierra Madre Games is not supplied by its suppliers for reasons not attributable to Sierra Madre Games. If Sierra Madre Games exercises this right, the customer will be informed and the amount of purchase paid will be refunded.
§ 5 Retention of title
Supplied goods remain the property of Sierra Madre Games until the complete settlement of all customer claims. The customer is obligated to inform any third party on this reservation of title and to inform Sierra Madre Games of any third party claims.
Prior to the transfer of ownership, the customer is not entitled to dispose of, alter, or mix with other items the goods sold without written consent from Sierra Madre Games.
§ 6 Shipping damage
(1) Should damage occur, Sierra Madre Games is in each case to be informed by phone 06221 / 874882. The customer should immediately bring apparent external damage to the attention of the delivery agency (currently the German post office) and send a message to Sierra Madre Games. For superficial damage detected while unpacking, the customer must complain to the delivery agency within 7 days after accepting the delivery and send a message to Sierra Madre Games. In every case, the damage must be possible for the customer to confirm.
(2) A replacement delivery must be discussed with Sierra Madre Games.
§ 7 Payment due date and Payment
(1) Sierra Madre Games accepts only the payment options as shown to the customer during the ordering process.
(2) The purchase price is due with the signing of the contract. The invoice amount for a delivery is due 14 days after receipt of invoice.
(3) If the customer is in default, Sierra Madre Games is entitled to charge default interest at 7% above the base rate. The right of Sierra Madre Games to claim higher losses remains unaffected by the customer's right to claim lower damages.
(4) The customer is entitled to compensation only to the extent that his counter-claims are legally established, are undisputed, or are acknowledged by Sierra Madre Games.
§ 8 Warranty and complaints
(1) The guarantee for consumers starts with the delivery of the goods and is governed by the law. The statutory limitation period for defect claims is two years for consumers. For businessmen it is one year from delivery.
Claims for defective goods are initially limited to replacement or repair. The period for repair or replacement is at least four weeks. Should the remedy fail, the customer shall be entitled to a reduction or cancellation of the contract. With only minor and insignificant defects, the customer has no right of cancellation. As far as can be recorded by the customer claims for damages, the limitations of liability must be considered in accordance with § 9. Furthermore, the guarantee is in accordance with statutory requirements. These are essentially the § § 433, 437, 439, 434 of the Civil Code. (2) The warranty does not cover normal wear and tear, improper use, or external influences.
The warranty is void if the customer modifies the product, or allows third parties to improperly handle or misuse the product, unless the customer is able to prove that the defects are neither been caused in part by such changes and that the justification is not made more difficult by the changes. This does not affect the provisions of § 476 BGB if the customer is a consumer.
(3) Sierra Madre Games is to be notified in writing of significant deviations in delivery, obvious defects, and incorrect deliveries within a period of 10 days from receipt of good. Otherwise the assertion of the warranty claim is excluded if the customer is not a consumer. For consumers, the statutory provisions of § 442 BGB apply. To meet the deadline, timely dispatch of the notice of defect is to be given by letter, fax or e-mail to the address given in the imprint.
(4) In addition, the customer must inspect the merchandise upon receipt for obvious damage and damage to the packaging or contents and show it to the deliverer. The customer must obtain confirmation of damage from the deliverer in writing. If there is damage that is only apparent after opening the package, he must inform the deliverer immediately and get a claim confirmed. If a customer who is not a consumer fails to lodge a complaint, or lodges a complaint too late, all merit for the claim with the shipping company is lost. This does not affect the notification obligation of § 377.
§ 9 Liability
(1) Sierra Madre Games shall be liable for damages due to the absence of properties that Sierra Madre Games has pledged, as well as for damages caused by intent or gross negligence by its legal representatives.
(2) The liability for other damages incurred by the customer through a delay of Sierra Madre Games Publishing, or by Sierra Madre Games imposes a difficulty for any reason beyond a breach of a duty that was essential for the achievement of the purpose (cardinal obligation), is limited to those damages that are due to the commodity within normal use. In such a case, liability is limited to an amount equal to the respective order's purchase price.
(3) Any liability for damages, lost profits, and other financial losses to the customer, which did not occur as a result of the goods themselves, is excluded.
§ 10 Data Protection
(1) The basis for this are the relevant statutory provisions, such as the Federal Data Protection Act, and the Information and Communications Services Act (IuKDG), for the storage and processing of personal data. Sierra Madre Games is committed to protecting the privacy of all individuals who shop in our store and handles all personal information as confidential. Customer data are stored.
(2) Use of personal data
Purchase order data given to Sierra Madre Games are only used to confirm the order and execute deliveries according to the order.
Data stored in electronic form at Sierra Madre Games are regarded as admissible evidence for contractual agreements, data transfers, and payments made.
(3) Disclosure of information
Sierra Madre Games will not disclose personal data to third parties. Sierra Madre Games will send e-mails to customers for order confirmation after an order. In addition, customers receive e-mails if they have declared their desire to receive them by subscribing to the mailing list.
§ 11 Final provisions
(1) The laws of the Federal Republic of Germany are applicable. For consumers who do not sign the contract for professional or commercial purposes, this choice applies only as long as the protection provided by mandatory provisions of the laws of the State in which the consumer has a habitual residence, is not withdrawn. The provisions of the CISG does not apply.
If the customer is not a consumer, the jurisdiction is Heidelberg. Otherwise, the statutory provisions apply to the court of jurisdiction.
(2) The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions. The ineffective provision would be replaced by one that reflects the economic purpose of the most-likely intended regulation.
Address for service charge:
Sierra Madre Games (Phil Eklund)
Account number: 2522560
Bank: VR Bank Suedpfalz
VAT no. DE 1063251