Date: 21st of April 2024
§1 General terms
(1) The following terms and conditions are used for any contracts, which you as a customer, close with us as company (Jonas Wolf), on this website https://game.kiwi.
(2) If not explicitly accepted in text form, we decline any of your terms and conditions.
(3) The in the following called customer is a natural person, which closes contracts solely in a privat, not commercial purpose.
(4) All terms and conditions keep persistent and valid even when one of the contract parties changes their name or address.
(5) All terms and conditions my be altered by us with your approval, even for closed contracts. Both, the offer for a change as well as the acceptance is required to be in text form.
(6) If passages of these terms and conditions may not be rightfully applicable, they are voided without voiding the remaining passages.
§2 Contract closing
(1) All offers on our website are not-binding and are not considered purchasing offers for the closing of contracts.
(2) The subject of any contract made on our website is the sale of items or services.
(3) When clicking the „place order“-button on the checkout page (checkout), you as a customer make a binding buying offer for the items and services in your cart (order).
(3a) If you selected a payment method which is provided by a third party, like Stripe, the successful payment renders the binding order.
(3b) You have to make sure that the communication between you and us is free from interferrance, by providing a correct e-mail address and also checking the „spam“-directory of you e-mail address.
(4) If we accept your order within 14 days after the buying offer was submitted, in form of an invoice, the contract is closed.
(4a) If you don’t receive an invoice within 14 days, the order is automatically voided and no contract is closed.
(4b) We may decline your order even within the 14 days while giving you a reason why. Also in that case, no contract is closed and your order is voided. This might happen for example when you ordered items that are not in stock.
(5) We will fulfill any order ar earliest when we recieved the whole payment of the invoiced sum. The account which should receive the payment is select on checkout and may differ between payment methods.
§3 Payment and late payment
(1) An invoice is paid when the whole invoiced sum was successfully transferred to one of our accounts.
(2) You must pay the whole invoiced sum within 14 days from receiving the invoice.
(3) Was the whole invoiced sum not paid in time, we are allowed to void the contract.
(3a) This also applies when you did not receive any payment reminder from us.
(3b) The payment period of 14 days may be extended in text form by us. In such a case, only the last transmitted payment period is valid.
(4) You are allowed to pay the whole order sum even before you received an invoice for your order.
(5) If we receive more money from you than the invoiced sum, we will refund the difference. You are allowed to decline that refund.
(5a) It is not allowed to pay us more than invoiced on purpose. If we have a justified reason to suspect you violated the condition on prupose we may will keep 5% of the payment difference as a service fee, yet at least 1,00€. A justified reason to suspect you is, if you overpay us multiple times, even when you were informed you about this issue.
(5b) We will try to refund to the account you paid with. If there is more than one account available to refund, you and us have to agree to one.
(5c) We will start processing any refund as soon as possible but not later then 3 working days after the refund was accepted.
(6) Ordered items stay our property until the whole invoiced sum is paid.
(7) You are not allowed to pay orders with other currencies than Euro (EUR) or values if not explicitly stated in these terms and conditions.
(7a) When you choose the payment method Ethereum in checkout, you are allowed to pay the order sum with an equivalent value in the currency Ether (ETH). Also the additional terms of §4 (4) apply.
(8) To pay the order, you are responsible. We are not liable for declined or failed payments, esspecially when paying with decentralized finance services like Ethereum.
§4 Payment methods
(1) Only the payment methods selectable in checkout are allowed to pay your order.
(2) Other then in §4 (1) shown payment methods, especially cash, are not allowed.
(3) For payments via bank transfer, the following conditions apply:
(3a) For the payment you will need to enter the correct usage/purpose of the payment, so we can identify your payment. Correct pssibilities are:
- the invoice number
- the order number
- your customer number
Only one of the named numbers are needed. After placing your order, not all the numbers may be available right away, but at least an order number.
(4) For payments via Ethereum, the following terms and conditions apply:
(4a) The order sum in Ether (ETH) is set by us while in checkout and depends on the current exchange rate of the currency to EUR. It’s not allowed the change the calculated order sum before paying. The so called gas fees to process your payment are chosen either by your wallet software (like MetaMask) or yourself, but is not used to pay your order, since the Ethereum network will keep this fee.
(4b) The payment must be done directly through our website https://game.kiwi while in checkout. If this is not done, your payment may not be recognized by our services. In such cases you are obligated to proof that you paid the amount. If you can’t proof that, we will refund the payment, minus any applicable gas fees.
(4c) When a payment fails, you will have the opportunity to retry the payment. In that case, the order sum in Ether (ETH) will be recalculated since the exchange rate may differ.
§5 Damage compensation and additional costs
(1) Should our service cause any damage, the maximum compensation you will receive is the invoiced sum of the contract in question.
(2) If your actions cause additional costs for us, you commit to pay for these additional costs.
(3) If an order is fully or partially revoked, you have to ship the revoked products back to us in a good state, as well as complete. If a products consists of multiple parts, we will charge you for every missing part. Any missing parts is valued at least 15% of the whole products price.
§6 Warranty
(1) You have to right make use of the warranty regulations for trades within the european union.
(2) You should check any delivered items for damages and completeness and notify us in text form of any problem with the shipment. Not doing so will not alter or void your legal warranty entitlements of the european union.
§7 Communication between the parties
(1) The communication between you as customer and us as seller will be made only via text form, if not explicitly specified otherwise.
(2) The text form is applied when the communication is made via post, e-mail or an integrated messaging service on our website https://game.kiwi.
(3) You as customer agree, not to visit our company location by yourself or a representative to negotiate, make offers or anything else. This especially applies for the use of your right for warranty claims.
§8 Applied law and rights
(1) If possible, the german law and rights are applied.
(2) If the german law can’t be applied, the law of the european union is applied.
(3) If neither german law or the law of the european union can be applies, international law is applied.
§9 Identity of the seller
We are represented by:
Jonas Wolf
Schwabentorplatz 7
79098 Freiburg
Germany
Vat-ID: DE345699820
The commission of the european union has a platform for closing online arguments resulting from contracts without making use of local legal systems: https://ec.europa.eu/odr
§10 Contract language and storing contract texts
(1) On our website we only store the latest version of this text. When you order something from our website, you will receive an email with the latest version of this document attached.
(2) The contract language is english.
(2a) If you wish, both parties can switch the contract language to german.
§11 Prices
(1) All prices, also including shipping prices, are displayed in Euro (EUR, €).
(2) All prices, also including shipping prices are gross prices, thus also include all applicable taxes like vat.
(3) The shipping price is not included in the product price and will be calculated on checkout.
(4) If the shipping address is outside the european union, additional fees and taxes (import taxes) can be applied by your local authorities. You must compensate these additional costs.
§12 Delivery conditions
(1) An exact delivery date can not be provided. Delivery times on our website are estimates.
(2) A delivery is only made when a contract is successfully closed. More about this in §2 of these terms and conditions.
(3) If your order includes at least one item which is a pre-order article, the shipment of the whole order will begin at earliest with the official release of all items.
(3a) If you wish, your order can be split into multiple shipments. In this case, you must pay the shipping fees for any additional shipment. Any reduction of the shipping fees, of the original order, don’t apply to partial shipments.
§13 Revoking orders
General information about the revocation of orders
You are eligible to revoke your order within 14 days, since you received the full shipment of the order. The first day of this 14 days periode, is the day your shipment was delivered. If your order is delivered in multiple shipments, the 14 days periode begins with the arrival of the last partial shipment.
To make use of your right to revoke your order, you must inform us about your decision in wirtten form, email or letter, that you wish to revoke your order. You may use the attached template form for this matter.
It’s sufficient if the revokation letter or email was sent during the 14 days periode.
It’s not possible to make use of the right of revocation for items that were unboxed, altered or damaged by you. You also must not repackage unboxed items to work around this restriction.
It’s also not possible to make use of the right of revocation for items that were specifically manufactured for you.
Consequences
When you successfully revoke your order, or any subset of items from your order, we will refund any payments you made, without any shipping fees, within a 14 days periode, but try to do so as soon as possible. This 14 days periode begins with the arrival of your revokation. We will use the same payment method for refunds, that was used when paying the order, if possible. If we reach any other explicit agreement on the payment methods for refunds, that agreement will override the default payment method. We won’t charge you for a refund transaction in any case.
You must send all revoked items back to us as soon as possible, and within 14 days since you send your wish to revoke the order. We won’t compensate you for any shipping fees that are needed for shipping the items back to us.
If a revoked item consists of multiple parts, you must assure every part gets shipped back to us. If you fail to do so, we will charge you for every missing part of a product, while any such part is valued at least 15% of the whole products price for its value calculation.
Revocation template form
I/We hereby revoke my/our contract for the order of the following items/services:
___________________________________________________
___________________________________________________
Ordered at/received at: __________________________
Your name: __________________________
Your address: ________________________
____________________________________________________
Your signature (when send in physical form):
Date: _______________________________________
§14 User accounts
(1) We allow the creation of user account on our website, that can enable access to more features. Users can’t claim to have a user account. Only human adults are allowed to create user accounts.
(2) The creator of an user account is the only person allowed to login with and use it. The usage of an user account by more than one individual, or another person than the creator is prohibited.
(3) We store and manage data of user accounts. In compliance with european law, users can claim a copy or deletion of their personal data. All non-personal data of user accounts can be used by us for any purpose. All user account data won’t be shared with third-parties, without explicit approval. Exceptions from this are: content published by the user, like comments or reviews and address data, necessary for shipping products.
(4) The creator of an user account has no right to access or continuation of it. User accounts can be blocked or deleted by us. The creator can’t claim for damages for any regard of user accounts. The blocking or deletion of user accounts does not require a notice or approval from the creator.
(5) Users are liable for the content they create and share. When misusing user accounts to create or share harmful content, the accounts will be blocked or banned and the contents removed. Such harmful contents are hate speech, racism, mobbing, harmful fake news, harassment, realstic or exaggerated depictions of violence, and such. Also, this applies to content that are politically or religiously motiviated, advertisements for third-parties, as well as scam or phishing.
(6) By creating an user account, the creator grants us the permission to contact them via the e-mail address provided on creation. When activiating notifications of any kind, the user allows us to send such notifications via mail without further approval.
§15 Validity and changes to this agreement
(1) This agreement will remain valid after the order was fullfilled
(2) This agreement is valid for any contract you make with us, in the current published state, at the time of the order.
(3) Any update to this agreement won’t have any effect on previously closed contracts