I. Terms of Service
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as provider (Paul Thorn) via the website www.the-canadian-gamer.com.
(2) A consumer within the meaning of the following conditions is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to commercial nor to independent professional activity. A company is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for sale are stored in the “Cart” via the corresponding button in the navigation bar, you can call up the “Cart” and make changes at any time.
After calling up the page “Checkout” and entering the personal data as well as the payment and shipping conditions, all order data will be displayed on the order summary page. By submitting the order via the button “Buy Now” you declare legally binding acceptance of the offer, whereby the contract comes about.
If you use an instant payment system (e.g., PayPal / PayPal Express) as payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
(4) Your requests to make an offer are not binding for you. We will make you a binding offer in text form (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of Retention, Retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check items immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) The place of fulfillment for all services arising from the business relationships existing with us as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected
§ 6 Protection of Minors
(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legal minimum age.
Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you assure that you have reached the statutory minimum age and that your details regarding your name and address are correct. You are required to ensure that only you or any person authorized by you to receive the delivery and who has reached the legal minimum age, will receive the goods.
(3) Insofar as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to deliver the goods only to persons who have reached the statutory minimum age, and in case of doubt to check the ID card of the person receiving the goods to the age checker.
(4) Insofar as we show beyond the statutory minimum age in the respective item description that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 apply with the proviso that instead of the statutory minimum age of majority the customer is 18 years of age.
II. Customer information
(1) Identity of the seller
Paul Thorn
Grube Hohe Grethe 23
57074 Siegen
email: the.canadian.gamer.info@gmail.com
phone: +49 (0)21143637328
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/consumers/odr
(2) Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
(3) Contract language, contract text storage
(3.1) Contract language is English, when using the English version of this website.
(3.2) The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
(3.3) In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by e-mail, which you can print or electronically secure.
(4) Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
(5) Prices and Payment
(5.1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes that we are required to collect.
(5.2) The resulting shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, which will be shown separately in the course of the order process and are to be borne by you in addition, unless free shipping is promised.
(5.3) If the delivery is to a country outside the European Union, there may be further costs, such as customs, duties, or taxes, which will be borne by you.
(5.4) The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
(5.5) Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
(6) Terms of delivery
(6.1) The terms of delivery, the estimated delivery time, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer. Items that are in stock normally ship within one business day.
(6.2) Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company, or some other person, to carry out the shipment.
(7) Legal Liability Right
The liability for defects shall be governed by the regulation “Warranty” in our General Terms and Conditions (Part I).
last update: 10.10.2019