Terms and conditions
ARTICLE 1. | DEFINITIONS
In these conditions, the following terms are used in the following meaning, in so far as the nature or scope of a provision does not differ otherwise.
- Game World: the Private Company Game World B.V., the user of these general terms and conditions, established and having an office in Rotterdam, registered in the Trade Register under Chamber of Commerce number: 24195145.
- Client: the natural or legal person with whom Game World has entered into or intends to conclude an agreement and / or in whose order and for whose account Game World Products and / or Services deliver.
- Products: all goods to be delivered to the Client by or on behalf of Game World within the framework of the agreement, such as game computers (hardware), computer games (software), videos, CD-ROMs and related items.
- Services: all Services to which Game World has committed itself within the framework of the agreement towards the Client, such as servicing, repair work and (telephone) support with regard to the Products.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer of Game World and every agreement reached with regard to the provision of Services and the delivery of Products.
- The applicability of the purchase or other terms and conditions of the Client is explicitly rejected, to the extent that Game World does not explicitly accept in whole or in part the applicability of the conditions referred to here.
- The provisions in these general terms and conditions can only be deviated from in writing. If and to the extent that the parties have expressly agreed in writing, deviates from the provisions in these general terms and conditions, the parties explicitly agree in writing.
- Destruction or nullity of one or more of the present provisions does not affect the validity of the other stipulations. In a given case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected stipulation. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Even if a term for acceptance is stated, every offer from Game World is without obligation. Offers from Game World are only valid if they are signed by someone who is authorized to represent Game World on behalf of Game World.
- Offers are considered accepted by the Client at the moment that Game World has received an assignment from the Client with regard to that quotation. The agreement is only concluded at the time that Game World has confirmed the assignment in writing to the Client, or earlier, at the time that Game World commenced execution of the agreement.
- Changes to the agreement initiated by the Client are only binding if Game World has expressly agreed to these changes.
ARTICLE 4. | THIRD PARTIES
- Game World is entitled at all times, even without the consent of the Client, to leave the performance of the agreement entirely or partially to third parties.
- The Client is not permitted, without the prior written consent of Game World, to transfer rights and / or changes in connection with the agreement to third parties.
ARTICLE 5. | PRICES AND PAYMENTS
- All prices mentioned by Game World are in euros and exclusive of VAT and other possible government levies.
- If no prize has been agreed, the price as stated on the general price lists last issued by Game World, or the price that appears from other written payments of Game World, which Game World brought to the knowledge of the Client.
- Unless explicitly agreed otherwise, prices apply for delivery free warehouse / the Client.
- Game World is entitled to pass on all or part of the unforeseen price increases of cost-determining factors that arise after the conclusion of the agreement to the Client. Game World will notify the Client of the existence of these price increases as soon as possible.
- Payments due by the Client must be made within 30 days of the invoice date, in the manner prescribed by Game World. If timely payment is not made, or if the Client requests suspension of payments or is declared bankrupt, the Client is always immediately in default, without any further notice of default being required. In those cases, the Client owes default interest to Game World of 1.5% per month, whereby a part of a month is considered as a whole month.
- Payments serve first to settle the interest due, then to settle the costs and finally to settle the outstanding debts in respect of the principal.
- Payments due by the Client will take place at any time without settlement or set-off.
- Game World is at all times entitled to deliver cash on delivery, to pay the Client in full or in part in advance of the agreed price, or to claim full or partial security for the payment.
- All costs incurred by Game World for payment of amounts owed by the Client are at the expense of the Client. The extrajudicial costs are set at 15% of the outstanding invoice amount, to be increased with VAT and levies in the overdue default interest, without prejudice to the right of Game World to claim the actual damage.
ARTICLE 6. | DELIVERY TIME, DELIVERY AND RISK
- Unless expressly agreed otherwise, delivery shall be made carriage paid at the address given by the Client.
- The risk of loss and damage to the Products passes to the Client at the time that the Products are received by or on behalf of the Client.
- Game World endeavors to fulfill the execution and delivery terms agreed between the parties in time. However, all terms mentioned by Game World can only be regarded as indicative, non-fatal terms. The Client does not previously claim the rights accruing to him by virtue of the law, after he has given Game World a written notice of default in which he gives Game World a reasonable term to still comply with the agreement and the fulfillment after the last term has still not been fulfilled.
- Game World is not obliged to commence or execute the execution of the agreement, as long as the Client is in payment default, or for as long as sufficient security has not been provided for payments.
- If after the conclusion of the agreement Game World has made changes to the Products or the packaging thereof, Game World is entitled to deliver these modified Products or packaging, provided that these changes do not adversely affect the specifications provided by the Client.
ARTICLE 7. | GUARANTEE
- Game World provides the end user of the Products with a warranty on material and manufacturing defects. The relevant warranty period is 12 months for hardware and 3 months for software. The warranty periods commence on delivery of the Products by the Client to the end user.
- In connection with the guarantee referred to in the previous paragraph, the restriction applies that the end user must comply with the warning / user instructions provided by Game World and / or included with the Products, as well as the requirements of normal use and / or application.
- The Client is obliged to provide the instructions provided by Game World to its buyers / end-users.
- In the event of a legitimate complaint with regard to the Products delivered, Game World shall never be obliged to do more than to replace the delivered defective Products, or to award a price reduction to be determined by Game World in proportion to that defect, at the discretion of Game World. In the event of a justified complaint with regard to services rendered, Game World shall never be obliged to do more than to re-execute the Services free of charge. A price reduction as referred to above will be confirmed by Game World on the invoices to be sent to the Client. Game World becomes the owner of the goods to be replaced.
- The warranty is only valid if the end user submits the original purchase receipt.
ARTICLE 8. | COMPLAINTS
- Complaints regarding visible defects or damage must be submitted in writing to Game World within 8 days after receipt of the Products by the Client. Complaints regarding invisible defects or damage must be submitted to Game World within 8 days after the Client has reasonably discovered the defect or damage, stating the necessary means of proof and a precise statement of the facts to which the complaint relates.
- The settlement of complaints by Game World shall take place with due observance of the provisions in Article 7.
- Complaints regarding invoices sent by Game World must be made known to Game World within 14 days of the date of the invoice.
- Complaints do not suspend the payment obligation of the Client. Neither does a complaint give the Client the right to refuse the delivered Products and / or dissolve the agreement
ARTICLE 9. | OWNERSHIP RESERVATION
- Game World reserves the ownership for all Products delivered by it to the Client until the purchase price of all these Products has been paid. If Game World has performed Services, the retention of title will apply until the Client has also paid these claims. The retention of title also applies to the claims that Game World may obtain from the Client due to the Client's failure to fulfill one or more of its obligations towards Game World.
- As long as the ownership of the Products has not been transferred to the Client, he may not pledge the Products or grant any third party any rights thereto, subject to the provisions of paragraph 5.
- The delivered Products that have been transferred into the ownership of the Principal through payment and are still in the hands of the Principal, hereby retain the right to pledge as referred to in Section 3: 237 of the Dutch Civil Code, to more certainty of claims than the in Article 3:92 paragraph 2 of the Netherlands Civil Code, which Game World may have on the Principal for whatever reason.
- If the Client fails to comply with his payment obligations towards Game World, or Game World has good grounds to fear that the Client will fall short in these obligations, including the application for suspension of payment, bankruptcy or liquidation of the company of the Client, Game World is entitled to take back the Products delivered under retention of title.
- The Client is permitted to sell the delivered Products within his normal business operations. The Client undertakes not to assign or pledge claims that it obtains on its customers to third parties without the prior written consent of Game World. The Client furthermore undertakes the claims referred to here, as soon as Game World expressly expresses the wish to pledge it to it in the manner specified in Section 3: 239 of the Dutch Civil Code to provide more certainty of its claims on any basis whatsoever to the Client.
ARTICLE 10. | LIABILITY AND INDEMNITY
- The liability of Game World towards the Client and / or its customers is limited to compliance with the warranty provisions described in article 7. Except in case of intent or deliberate recklessness of Game World, Game World is never liable for any other damage on any grounds whatsoever.
- The Client indemnifies Game World against all third-party claims in respect of damage in connection with or arising from the use of the Products and / or Services delivered by Game World, unless such damage would have been caused by intent or conscious recklessness of Game World.
- Claims for damage must be reported to Game World in writing within 8 days, or sooner after the moment that the Client has been able to discover the damage, on penalty of forfeiture of any claim for compensation.
ARTICLE 11. | INTELLECTUAL PROPERTY
The Client will respect all intellectual and industrial property rights in connection with the Products of Game World in its entirety and unconditionally. In particular, the Client is not permitted to
to remove the word / logo "Game World" from the Products and / or add another word or figurative mark. The Client may also not remove or change the original components of the layout of the packaging and / or instructions for use. Game World can not guarantee that the Products do not infringe any intellectual or industrial property rights of third parties.
ARTICLE 12. | FORCE MAJEURE
- Game World is not obliged to comply with any obligation under the agreement if and for as long as it is prevented from doing so by a circumstance that can not be imputed to it by virtue of the law, a legal act or generally accepted views.
- Force majeure means in particular any circumstance as a result of which compliance with the agreement can not reasonably be expected from Game World. Under such circumstances that constitute force majeure, this means, among other things, regulations of the semi-government or because of strikes, boycott, transport problems, disruptions in the Game World business and a refusal of suppliers to deliver or perform work.
- In case of force majeure, Game World can terminate or suspend the agreement or the non-executed part thereof by means of a registered letter to the Client with immediate effect, without being liable for damages.
ARTICLE 13. | DISSOLUTION
- Game World can terminate the agreement in full or in part by means of a registered letter addressed to the Client with immediate effect:
a) In the event of complete partial failure in the performance by the Client of its obligations towards Game World. Insofar as the Client is not immediately in default, Game World can only terminate the agreement after the Client has been given a reasonable period for performance and fulfillment within this period is not forthcoming.
b) If the bankruptcy or suspension of payment of the Client has been applied for or has been pronounced or the Client loses the power to dispose of its business, its assets or substantial parts thereof, as well as if the Client ceases its business activities.
- In the event of dissolution of the agreement, the Client of Game World shall compensate for delay damage as well as all other damage which Game World encounters as a result of the dissolution, including the costs of undoing, the costs of partial execution by Game World and loss of profit.
- Upon dissolution of the agreement, all claims of Game World on the Client become immediately due and payable.
ARTICLE 14. | APPLICABLE LAW / COMPETENT JUDGE
- On every agreement and all legal relationships arising from this between Game World and the Client, only Dutch Law applies.
- The applicability of the United Nations Convention on international purchase agreements, Vienna, 1980, is excluded.
- All disputes between Game World and the Client will exclusively be submitted to the competent court in Rotterdam or at the discretion of Game World, to the competent court of the place of residence of the Client.