GTC

General Terms and Conditions for the Realization and Marketing of Online Escape Games – FLAMe games GmbH

“For the sake of comprehension and clarity the text will not use both the male and female forms; the personal nouns and pronouns used in this text therefore also apply in their female form.”

§ 1 Placing an Order / Components of the order

1. The customer assigns FLAMe games GmbH as contractor to perform the service described in the order.
2. The service descriptions of the customer, the offer of the contractor and otherwise the provisions of the German Civil Code shall apply as components of the order.
3. Changes to the components of the order shall only become effective after written confirmation by FLAMe games GmbH shall become effective.
4. FLAMe games GmbH assures to be authorized to conduct Online Escape Games, to market game codes and marketing material for the offered Online Escape Games and to sell them to third parties for further marketing.

§ 2 Offer and conclusion of contract

1. If an offer has been accepted by the customer with a written or telephone confirmation, a contract is concluded by the sending of a booking confirmation by FLAMe games GmbH. The dispatch of an invoice belonging to an accepted offer shall be deemed to be an order confirmation.
2. FLAMe games GmbH shall, unless otherwise agreed, send an order confirmation within a period of two weeks.

§ 3 Duration of order, termination and cancellation costs

1. The contractual relationship shall be maintained until complete fulfillment of the service as well as its payment.
2. If the customer withdraws from the contractual relationship, the contractor shall be entitled to invoice the following costs:
   – up to 28 days before the event, 10% of the agreed total price
   – 28-14 days before the event, 50% of the agreed total price
   – from 14 days before the event, 80% of the agreed total price
3. The contractor may terminate the contractual relationship only in the event of force majeure.
4. Extraordinary terminations are reserved for all contractual parties.

§ 4 Documents provided

FLAMe games GmbH reserves the property rights and copyrights to all documents handed over to the customer in connection with the placing of the order, also in electronic form, such as e.g. calculations, drawings, graphics, texts, etc., as well as to all other documents. etc. These documents may not be made accessible to third parties or reproduced, unless, FLAMe games GmbH gives its express written consent to the customer. Insofar as FLAMe games GmbH does not accept the offer of the customer within the period of § 2, these documents shall be returned to FLAMe games GmbH without delay or, if available in digital form, deleted.

§ 5 Prices and payment

1. If applicable, and unless otherwise agreed in writing, the prices of FLAMe games GmbH ex production site excluding packaging and plus value added tax at the applicable rate. Costs of packaging will be invoiced separately.
2. Payment of the purchase price shall be made by PayPal, Sofortüberweisung, GiroPay or credit card payment online or to the following account. The deduction of cash discount is not allowed, unless otherwise agreed in writing.Account holder: FLAMe games GmbH
   IBAN: DE92 7012 0700 1411 1044 64
   BIC: OBKLDEMXXXX
3. Unless otherwise agreed, the purchase price for or the agreed fee for an order or service is due and payable immediately after an order or commission.
4. Default interest and default damages are calculated according to § 288 BGB. The assertion of a higher damage caused by delay remains reserved.
5. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made three months or more after conclusion of the contract.

§ 6 Rights of retention

1. The customer shall only be entitled to exercise a right of retention or set-off insofar as its counterclaim is based on the same contractual relationship.
2. The customer shall only be entitled to set-off if the claim has been legally established or is undisputed.

§ 7 Delivery time, time of performance

1. The commencement of the delivery period or time of performance specified by FLAMe games GmbH presupposes the timely and proper fulfillment of the customer’s obligations. The objection of non-fulfilment of the contract remains reserved.
2. If the customer is in default of acceptance or culpably violates other obligations to cooperate, FLAMe games GmbH shall be entitled to demand compensation for the damage incurred by it in this respect, including any additional expenses. Further claims shall remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the time when the latter is in default of acceptance or debtor’s delay.
3. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

§ 8 Rights of use

1. The terms of use, also called license, are usually communicated to the customer within an offer.
2. Unless otherwise stated, the customer is granted a simple right of use.

§ 9 Acceptance

1. The customer has the obligation to carry out an acceptance within two weeks. The period begins with the completion of the service and the handover to the customer.
2. Acceptance cannot be refused due to minor deviations which do not restrict the usability.

§ 10 Warranty and notice of defects and recourse/manufacturer recourse

1. Warranty rights of the customer presuppose that he has duly complied with his obligations to inspect the goods and to give notice of defects in accordance with § 377 HGB (German Commercial Code).
2. Claims for defects shall become time-barred within 12 months after delivery/acceptance of the goods delivered by FLAMe games GmbH at the customer’s premises. The statutory limitation period shall apply to claims for damages in the event of intent or gross negligence and in the event of injury to life, limb or health resulting from an intentional or negligent breach of duty on the part of the user.

FLAMe games GmbH