· I. Scope of application
a). These General Terms and Conditions apply for the business relations between Stemkeys.com and the customer. Conflicting conditions or conditions divergent from these General Terms and Conditions are not accepted and are hereby emphatically objected by the Stemkeys.com Conflicting conditions of the customer only apply when Stemkeys.com has explicitly agreed in written form.
b). Stemkeys.com is at any time entitled to change or amend these General Terms and Conditions. For contracts that were placed before the change of the General Terms and Conditions, the version that was valid at the point of the order applies.
· II. Fundamental features of the Stemkeys.com services
Stemkeys.com sells Codes and CD-keys for online games. CD-keys and codes will solely be sent via email. No sale or delivery of DVD´s or CD´s. There will be no postal delivery.
· III. Customer requirements
Depending on the online game in order to be able to use the services of Stemkeys.com, the customer has to fulfill certain requirements. These requirements almost consist of being registered with the operating company of the online game, to have an account and to buy software. We point out the resulting legal relations with the operating company and the connected costs.
· IV. Risks for the customer regarding the services
a). Stemkeys.com takes all possible precautions in order to keep the customer’s account information secret and to avoid spying by a third party. The customer is obliged to enhance the security by means of encrypted data transmission and changes of password after the service provision.
b). Stemkeys.com is not an operator of online games and therefore does not take responsibility for circumstances that lie beyond its sphere, especially regarding the accessibility or operation of the particular online game after the service provision by Stemkeys.com
· V. Steps to the Conclusion of the Contract
a). The customer chooses a product by clicking the button “buy now.” The product will be placed into the shopping cart and the shopping cart will be displayed with the relevant product information. In order to select another product, the customer can navigate towards it and click on it. The product will be added to the shopping cart and the updated shopping cart with the articles that it contains will be displayed. This process can be repeated. The updated content of the shopping cart can be viewed by clicking the button “update.” Products can be removed from the shopping cart by clicking the button “remove”.
b). When the customer has completed his selection, he clicks on the “pay now“ button. If he is not registered yet, he has to complete a registration now by clicking on the link “continue” for new customers and following the instructions. Registered users enter their registration information and click on the “log in” button.
c). The customer thereby gives a binding offer to Stemkeys.com. Entry errors can be corrected via the common keyboard and mouse functions before sending the order.
· VI. Conclusion of the contract
a). The article catalogue that is displayed on this website does not constitute an offer in a legal sense, but rather an invitation to the customer to submit an offer. Not until the customer places an order does he extend his offer towards a conclusion of a contract between the Stemkeys.com and the customer.
b). After the incoming of the customer’s offer at Stemkeys.com, the customer receives a confirmation email that confirms the incoming of the order at Stemkeys.com (order confirmation).
c). The customer has to make sure that his reachability via Email is guaranteed so that Emails from Stemkeys.com can reach him. He should therefore check the security settings, for example of the spam-filter and possible junk mail-accounts.
d). The conclusion of the contract between the customer and Stemkeys.com is only effectuated when the customer receives an explicit order confirmation. This order confirmation contains all details regarding the customer’s order and can also fulfill the function of an acknowledgement of receipt.
· VII. Payment
a). The payment methods are limited to advance payment (bank transfer, cash, check) and PayPal. The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only Stemkeys.com is authorized to offer this payment method. For payment on account, the payment period is 10 days.
b). The customer is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed.
c). The customer can only exercise a right of retention when his counterclaim is based on the same contractual relationship.
· VIII. Scope of services and service reservations
a). Stemkeys.com generates the services that are agreed upon via contract according to the current status of the online game concerned. Especially in cases of changes of the online game by the operator, Stemkeys.com reserves the right to render the services divergent from the information on the website, as long as the basic service content is not affected by this.
b). By means of service provision, Stemkeys.com transmits only such rights onto the customer to which Stemkeys.com is authorized to having in regards to the immaterial and other rights of the game operator.
c). Stemkeys.com is authorized to withdraw from the contract as far as it does not receive the object of services despite previous conclusion of a contract. Stemkeys.com will immediately inform the customer regarding the failure of the delivery to us from our suppliers and will refund the already received payment promptly without delay in case of the customer’s withdrawal from the contract.
· IX. Service time and default
a). The rendering of services takes place after the payment has been received on the account of Stemkeys.com.
b). The delivery deadline is to be gathered from the article description. The customer is authorized to withdraw from the purchase if the rendering of services is not possible due to extraordinary situations.
c). In case of a failure to comply with the delivery deadline for other reasons, the customer is further authorized to set an adequate grace period in writing under penalty of refusal and to withdraw from the contract after the unsuccessful expiration of the contractual services or delivery. Stemkeys.com reserves the right to partial performance if this option seems beneficial for a speedy processing and is reasonable for the customer.
· X. Receipt of Services
The modalities for services and receipt of services by the customer are adjusted to the respective circumstances of the online game and are to be taken from the article description.
· XI. Limitation of Liability
The liability of Stemkeys.com for contractual breaches of duty as well as offense is limited to criminal intent and criminal neglect. This does not apply for injuries of life, body or health of the customer or claims regarding breach of cardinal obligations or compensation for damage caused by delay. In the aforementioned respect, Stemkeys.com is liable for any degree of fault.
· XII. Guarantee
The guarantee takes place according to the legal provisions.
· XIII. Reservation of Ownership
Rights transferable to the customer in compliance with § VIII.2 of these regulations by Stemkeys.com do not precede until the complete payment.
· XIV. AOB
a). The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable.
b). The contract data consisting of the wording of the contract and the general terms and conditions are saved by Stemkeys.com. The customer can request the saved data after the conclusion of the contract from GStemkeys.com via Email (Email address: Stemkeys.com) The customer can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s).
c). The contractual language is in English. Contents in other languages on this webpage are non binding translations.
d). If the customer is a merchant or has no general jurisdiction (legal domicile) within the country, Hong Kong is the exclusive local jurisdiction for any disputes arising from this contractual relationship.
e). Hong Kong law applies to the exclusion of the Uniform Law on the International Sale of Goods (CISG).
f). Should one clause of this agreement become completely or partially ineffective or loses its validity later on, the validity of the remaining regulations remains unaffected. In place of the ineffective regulation the legal specifications apply.