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Florian Heidarzadeh Khiaban Azar
Florian Heidarzadeh K. Azar - Azar Games
ring street 41
97291 Thüngersheim
Germany
Tel: 01608897314
Email: azar@dersiebtegrad.com
Sales tax identification number according to § 27 a sales tax law: 813525161
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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Data protection
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1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Florian Heidarzadeh Khiaban Azar, Florian H. Azar - Azar Games, Ringstr. 41, 97291 Thüngersheim, Germany, phone: 01608897314, email: azar@dersiebtegrad.com. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential content (eg orders or inquiries to the person responsible), this website uses an SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.
2) Data collection when visiting our website
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if necessary: in anonymous form)
The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.
3) hosting
Hosted by Wix
We use the website builder system from Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix") for the purpose of hosting and displaying the website on the basis of processing on our behalf. All data collected on our website is processed on the Wix servers. As part of the aforementioned Wix services, data can also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, as part of further processing on behalf of Wix. In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission. You can find further information on data protection from Wix on the following website: https://de.wix.com/about/privacy
The scope of the processing of personal data is presented below. Further processing on servers other than those of Wix mentioned above will only take place within the scope communicated below.
4) cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable your browser to be recognized the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period, which can vary depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings in your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing takes place in accordance with Article 6 (1) (b) GDPR either for the execution of the contract, in accordance with Article 6 (1) (a) GDPR in the event that consent has been given or in accordance with Art. 6 (1) (f) GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. These can be found for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-allow-and-reject
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies
Please note that if cookies are not accepted, the functionality of our website may be restricted.
5) Contact
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted once your request has been processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
6) Data processing when opening a customer account and for contract processing
In accordance with Article 6 (1) (b) GDPR, personal data will continue to be collected and processed if you provide it to us to execute a contract or open a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data you provide to process the contract. After the contract has been completed or your customer account has been deleted, your data will be blocked with regard to retention periods under tax and commercial law and deleted after these periods have expired, unless you have expressly consented to further use of your data or have reserved the right to further data use permitted by law on our part would.
7) Use of Customer Data for Direct Marketing
Sign up for our email newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. Providing further data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed to us that you consent to receiving newsletters. We will then send you a confirmation email asking you to click on a link to confirm that you wish to receive the newsletter in the future.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6 (1) (a) GDPR. When you register for the newsletter, we save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later point in time. The data collected by us when registering for the newsletter is used exclusively for advertising purposes by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have unsubscribed, your e-mail address will be deleted immediately from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we will inform you in this declaration.
8) Data processing for order processing
8.1 Insofar as it is necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned bank in accordance with Article 6 Paragraph 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the scope of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
8.2 Use of payment service providers (payment services)
- Apple Pay
If you choose the "Apple Pay" payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed using the "Apple Pay" function of your device running iOS, watchOS or macOS by debiting a payment card stored with "Apple Pay". Apple Pay uses security features built into your device's hardware and software to protect your transactions. In order to release a payment, it is therefore necessary to enter a code previously defined by you and to verify it using the "Face ID" or "Touch ID" function of your device.
For the purpose of payment processing, the information you provide during the ordering process, along with the information about your order, will be sent to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is sent to the payment service provider of the payment card stored in Apple Pay to carry out the payment. The encryption ensures that only the website through which the purchase was made can access the payment details. After payment is made, Apple will send your device account number and a transaction-specific dynamic security code to the originating website to confirm payment success.
If personal data is processed in the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Article 6 (1) (b) GDPR.
Apple retains anonymized transaction information, including approximate purchase amount, date and time, and whether the transaction was successfully completed. The anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on iPhone or Apple Watch to complete a purchase made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that personally identifies you. You can disable the ability to use Apple Pay on your Mac in your iPhone's settings. Go to Wallet & Apple Pay and turn off Allow Payments on Mac.
You can find further information on data protection with Apple Pay at the following Internet address: https://support.apple.com/de-de/HT203027
- giropay
When paying via "giropay", the payment is processed by giropay GmbH, An der Welle 4, 60322 Frankfurt/Main, to whom we pass on the information you provided during the ordering process together with the information about your order. Your data will be passed on in accordance with Article 6 Paragraph 1 Letter b GDPR exclusively for the purpose of payment processing and only to the extent that it is necessary for this. You can find more information about the data protection provisions of giropay GmbH at the following Internet address: https://www.giropay.de/srechtales/datenschutzerklaerung
- Klarna
If a Klarna payment service is selected, the payment will be processed by Klarna Bank AB (publ), https://klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the payment to be processed, your personal data (first and last name, street, house number, postal code, city, gender, e-mail address, telephone number and IP address) as well as data relating to the order are collected (e.g. invoice amount, item, type of delivery) to Klarna for the purpose of identity and creditworthiness checks, provided that you have expressly consented to this in accordance with Article 6 (1) (a) GDPR as part of the ordering process. You can see here which credit agencies your data can be forwarded to:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report can contain probability values (so-called score values). As far as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical process. Among other things, but not exclusively, address data is included in the calculation of the score values. Klarna uses the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the person responsible for data processing or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary for contractual payment processing.
Your personal information will be processed in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for data subjects based in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for data subjects based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
treated.
-Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal, we pass on your payment data to PayPal (Europe) Sarl et Cie, SCA, 22- 24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), continue. The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Article 6 (1) (f) GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in relation to the statistical probability of payment default for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values (so-called score values). As far as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical process. Among other things, but not exclusively, address data is included in the calculation of the score values. Further data protection information, including information on the credit agencies used, can be found in PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
- Wix Payments
If you choose to use the Wix Payments payment method, the payment will be processed through the payment system of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"). Wix Payments allows payment via all major credit card formats and, depending on the region, also via additional payment methods. The individual payment methods offered via Wix Payments will be communicated to you on our website.
When making payments via Wix Payments, your payment details (e.g. payment amount, information on the payment method used, details on the payee) and your confirmation that the payment details are correct will be collected by Wix to carry out the payment in accordance with Article 6 (1) (b) GDPR , processed and sent to the bank responsible for the payment. This processing only takes place to the extent that it is actually necessary to carry out the payment. Wix then authenticates the payment using the authentication procedure stored for you at your bank.
As part of the aforementioned services, data can also be transmitted to Wix Inc., 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, for further processing.
In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.
You can find further information on data protection from Wix on the following website: https://de.wix.com/about/privacy
9) Web Analytics Services
Wix Analytics
This website uses the analysis service "Wix Analytics", a service of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix"). Via Wix Analytics, various user data is collected and stored for optimization and marketing purposes and processed and summarized in statistical reports in an anonymous form. This includes login details, time zone setting, operating system and platform, information about visits including URL, session duration, number of pages viewed per session, search terms, information about what you searched for or viewed on our site, website response time and conversion rates. To do this, Wix Analytics uses cookies. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. The cookies enable, among other things, the recognition of the Internet browser. The data collected via Wix Analytics will not be used to personally identify the visitor to this website and will not be merged with the personal data of the person concerned without the separate consent of the person concerned.
All of the processing described above, in particular the setting of Wix Analytics cookies for reading information on the end device used, will only be carried out if you have given us your express consent in accordance with Article 6 (1) (a) GDPR. Without this consent, Wix Analytics will not be used during your visit to the site.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.
In the case of the transmission of data to Wix in Israel, the appropriate level of data protection is guaranteed by the adequacy decision of the European Commission. You can find further information on data protection from Wix on the following website: https://de.wix.com/about/privacy
We have concluded an order processing contract with Wix (available at https://de.wix.com/about/privacy-dpa-users/), with which we oblige the provider to protect our customers' data and not to pass it on to third parties .
10) Rights of the data subject
10.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention rights) vis-Ã -vis the person responsible with regard to the processing of your personal data, whereby reference is made to the legal basis given for the respective exercise requirements:
- Right to information according to Art. 15 GDPR;
- Right to rectification according to Art. 16 GDPR;
- Right to erasure according to Art. 17 GDPR;
- Right to restriction of processing in accordance with Art. 18 GDPR;
- Right to information according to Art. 19 GDPR;
- Right to data portability according to Art. 20 GDPR;
- Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR;
- Right to complain according to Art. 77 GDPR.
10.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
11) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed within the framework of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
Conditions
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General terms and conditions with customer information
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Table of Contents
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Grant of Use Rights for Digital Content
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redeeming Promotional Vouchers
10. Governing Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Florian Heidarzadeh K. Azar - Azar Games" (hereinafter "Seller") of Florian Heidarzadeh K. Azar - Azar Games (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur ( hereinafter "customer") with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal - Terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
www.azar-games.com/payment
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Collection by the customer is not possible for logistical reasons.
5.6 Digital Content will be provided to Customer as follows:
- via download
- by email
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
8.3 The limitations of liability and reductions in deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10) Governing Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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Cancellation policy & cancellation form
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Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
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A. Cancellation policy
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right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In the case of contracts for the delivery of data that is not on a physical data carrier and that is produced and provided in digital form (digital content), the cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (Florian Heidarzadeh Khiaban Azar, Florian Heidarzadeh K. Azar - Azar Games, Ringstr. 41, 97291 Thüngersheim, Germany, Tel.: 01608897314, email: azar@dersiebtegrad.com) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
The right of withdrawal expires prematurely for contracts for the delivery of digital content if we have started to execute the contract after you have expressly consented to us beginning to execute the contract before the end of the withdrawal period and you have confirmed to us that you are aware that You lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
General information on returning goods
1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the above numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
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B. Withdrawal Form
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If you want to revoke the contract, please fill out this form and send it back.
On
Florian Heidarzadeh Khiaban Azar
Florian Heidarzadeh K. Azar - Azar Games
ring street 41
97291 Thüngersheim
Germany
Email: azar@dersiebtegrad.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is on paper)
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date
(*) Delete where not applicable