General Terms and Conditions of European Games Group GmbH
Special Conditions (“Contract Terms”) for Services Rendered by European Games Group GmbH against Payment
1. Scope of Application
1.1 The following Contract Terms shall apply exclusively to the acquisition of virtual currency and certain virtual items in the game (no matter whether as an application, via a platform or as browser version, irrespective of this hereinafter referred to as “game”), and exclusively between European Games Group GmbH (registered in the Commercial Register of the Munich Local Court under HRB 187516, represented by its Board of Directors Johannes Sevket Gözalan, Schellingstrasse 21 80799 Munich (Germany), e-mail: firstname.lastname@example.org, phone: +49 89 4444 9318) and the user of the respective game (hereinafter referred to as “user“) in their version valid at the time when the respective payable service is ordered and regardless of whether the respective game is offered via websites or other channels on PCs, similar stationary terminals or on smartphones, tablets or similar mobile terminals or via connected devices or other platforms or (social) networks. For the avoidance of doubt: These Contract Terms shall not apply to the use of the game as such. The use of the game requires a separate contract with the respective operator of the game, which is concluded in the course of the download or registration for the game. European Games Group GmbH shall not responsible for failures, errors, unavailability or shortcomings of the game. Deviating conditions on the part of the user shall not be recognized, unless European Games Group GmbH expressly agrees to their validity in writing.
1.2 In the event of contradictions between these Contract Terms of European Games Group GmbH and the conditions of the operator of the game (hereinafter referred to as “GTC”), the present Contract Terms of European Games Group GmbH shall have priority over the GTC of the operator.
1.3 If the user acquires products or services from third-party providers (hereinafter referred to as “third-party providers“) who advertise separately on the website of the game (e.g. so-called “partner offers”), the contractual relationship between the user and the third-party provider shall be governed by the conditions of the third- party provider of these products and services.
1.4 Fundamentally, the possibility of acquiring services also via app stores, from Google Play or in social networks can be granted in principle. In such cases, European Games Group GmbH shall become the contractual partner of the user only to the extent provided by the conditions of the respective store or network. To the extent that European Games Group GmbH becomes the contractual partner of the user, the acquisition of payable services in app stores, from Google Play or social networks shall nevertheless be primarily governed by the conditions of the social network, the Google Play store or the app store used for this purpose; in other words, the acquisition process shall depend in any case on the conditions of the respective network or store, and other conditions of the network or store shall have priority over these Contract Terms, unless they expressly give priority to the conditions of the provider on their part or allow deviating conditions of the supplier.
1.5 The services of European Games Group GmbH are exclusively addressed to consumers.
2. Subject Matter of the Contract
2.1 As the owner of the worldwide marketing and exploitation rights to the game, European Games Group GmbH shall be the user’s contractual partner for the payable services of European Games Group GmbH. Users shall have the possibility of acquiring
a) virtual currencies (so-called “ingame currency” of the respective game, such as g. donuts, stars, diamonds, etc.) and
b) other virtual items (“items”) or so-called premium features (hereinafter a) and b) are jointly referred to as “virtual items“) against payment from European Games Group GmbH.
2.2 The virtual items are not things within the meaning of Section 90 of the German Civil Code (BGB). European Games Group GmbH therefore does not transfer the ownership of the items to the user, but merely a simple, non-transferable right of use limited to the duration of the user contract with the operator, which the user receives when the virtual items are credited to his or her account. To the extent that “sale” or “buy” or similar terms are used in connection with the acquisition of virtual items, these shall refer to the granting of a right to use.
2.3 In the game, the user can spend the items credited on his or her account in order to acquire advantages described there in detail or to acquire other virtual items, if the virtual items credited on his or her user account are sufficient. Furthermore, the user can use up the virtual items in the game. As long as the user account is blocked or the user is excluded from utilization, European Games Group
GmbH shall have a right to withhold performance. The right to use shall end when the user has used up the virtual items in the game, however, at the latest when the user contract between the user and the operator of the game ends.
2.4 Ingame currency does not represent real money; there is no fixed exchange rate for it and it is not a means of payment or electronic money, neither according to the banking law, nor within the meaning of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG), in particular. Exchanging virtual items against real money shall be prohibited. This also applies to virtual items won by the user during the use of the game. The exchange or trade in virtual items shall be excluded. Paragraph 6.2 of these Contract Terms remains unaffected.
2.5 The user shall be prohibited from using the virtual items for commercial purposes. The virtual items are intended for entertainment purposes.
3. Offer and Conclusion of Contract
3.1 From among the range that European Games Group GmbH makes available for a game, the user can choose the type and quantity of the virtual items in the respective game, determine a payment method and submit a binding offer to buy the chosen virtual items by pressing the “buy against payment” button or a button labeled similarly. However, the offer can only be submitted and transmitted if the user has previously accepted these Contract Terms and thus included them in his or her offer by clicking the button “Accept the Special Conditions of European Games Group GmbH”. The contract with European Games Group GmbH takes effect by the crediting of the ordered virtual item to the user’s account.
3.2 The user can withdraw his or her offer pursuant to paragraph 3.1 until the steps that trigger off the payment process with the respective payment service provider have been completed. Until then, input errors can also be corrected by clicking the “Back to the game” button in the game.
3.3 The contract is concluded in the German language.
3.4 The acquisition of virtual items in an app store shall primarily be governed by the conditions of the app store used for this purpose. If the user acquires virtual items via an app store (so-called “in-app acquisition“), the contract shall be concluded between the user and the app store in principle (unless the conditions of the respective app store provide for a possibility of concluding of a contract
directly between the user and European Games Group GmbH). This shall apply accordingly if virtual items are acquired via social networks.
4. Prices, Payment, Payment Methods
4.1 All prices are to be understood as gross final prices, i.e. including any resulting taxes and provision costs.
4.2 European Games Group GmbH shall be entitled to request fees for the acquisition of the virtual items in advance. The fees for the acquisition of the virtual items shall be payable in advance by the user as soon as the chosen payment service provider has sent the final order confirmation.
4.3 European Games Group GmbH has joined recognized and trustworthy payment systems. Payments shall be made by choosing a certain payment system (e.g. PayPal, credit card, premium SMS) through the respective payment service provider. The user is aware of the fact that a separate contract between him or her and the respective payment service provider regarding the realization of the
transaction will regularly take effect in accordance with the provisions of the respective payment service provider. The user shall not be entitled to demand that European Games Group GmbH offers or maintains certain payment systems. The fees will be collected in accordance with the choice of the user. If a so-called social game, Google Play store or app store is availed of, payment is generally only possible with the payment system provided by the corresponding social network, Google Play store or app store.
4.4 In case of default, European Games Group GmbH shall be entitled to have the virtual items suspended and the corresponding user account blocked through the operator of the game. The obligation of the user to pay the agreed fee remains unaffected hereof.
5. REVOCATION INSTRUCTION
5.1 Right of revocation
You are entitled to revoke your contractual declaration for the acquisition of virtual items within fourteen days without citing any reasons for doing so. The revocation period is fourteen days and commences on the day on which the contract is concluded.
To exercise your right of revocation, you have to inform us,
European Games Group GmbH
80799 Munich (Germany)
Phone: +49 89 4444 93 18
of your decision to revoke this contract through an explicit declaration (e.g. a letter sent via post, or e-mail). You can use the enclosed sample revocation form for this purpose, which is not mandatory, however).
To comply with the period of revocation, it is sufficient if the communication concerning the exercise of the right of revocation is sent prior to the expiry of the revocation period.
5.2 Consequences of revocation
If you revoke this contract, we have to refund all payments we received from you, including the costs of delivery (except for the additional costs resulting from your having chosen another type of delivery than the favorable standard delivery offered by us) immediately – and at the latest within fourteen days from the day on which we received the communication informing us that you intend to revoke this contract. For this refund, we will use the same method of payment that you used for the original transaction, unless we explicitly agreed on something else with you; in no case would we charge you with any fees for this refund.
5.3 Premature lapse of the right of revocation
Your right of revocation will lapse prematurely if we have already commenced the execution of the contract, after you had expressly agreed to our commencing the execution of the contract prior to the expiry of the revocation period and confirmed that you are aware of the fact that you lose your right of revocation by agreeing to the commencement of the execution of the contract.
End of the revocation instruction
5.4 Revocation form
(If you would like to revoke this contract, please complete this form and return it.)
European Games Group GmbH
80799 Munich (Germany)
I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the
following products (*)/the rendering of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for communications on paper)
*) Delete as applicable.
6. Further development, Quality
Owing to the continuous further development of the game, European Games Group GmbH reserves the right to offer new virtual items at any time, to modify the type, volume and content of the virtual items or not to offer them any longer. The quantity of virtual game currency which must be used in the game for certain other items may change at any time. Virtual items can also be offered by the operator at no cost. Therefore, the user shall not be entitled to claim the maintenance of a certain offer structure. For the avoidance of doubt: A change in the quality of items acquired against payment is no longer possible after the acquisition.
7. Liability, Compensation for Damage
7.1 Claims for damages on the part of the user shall be excluded. Exceptions to this provision are claims for damages on the part of the user arising from injury to life, body or health or from the breach of essential contractual duties (cardinal duties), as well as liability for damages resulting from an intentional or grossly negligent breach of duty on the part of European Games Group GmbH, its legal representatives or vicarious agents. Essential contractual duties are those duties the fulfillment of which is necessary to attain the objective of the contract.
7.2 In the event of a breach of essential contractual duties, European Games Group GmbH shall only be liable for the contract-typical foreseeable damage if the latter was caused through simple negligence, unless the user’s claims for damages arise from injury to life, body or health.
7.3 The limitations of the paragraphs 7.1 and 7.2 shall also be applicable in favor of the legal representatives, other representatives, employees, workers and vicarious agents of European Games Group GmbH if claims are asserted directly against them.
7.4 Liability in the event of the assumption of a guarantee – to be expressly designated as such ̶ by European Games Group GmbH and the provisions of the Product Liability Act shall remain unaffected.
7.5 European Games Group GmbH shall not be liable for data loss and unauthorized accesses on the side of the game and other websites or platforms on which the game is operated, because European Games Group GmbH is not the operator of these websites and platforms.
7.6 The above-mentioned regulations shall not lead to a change in the burden of proof to the disadvantage of the user.
7.7 European Games Group GmbH does not assume any guarantees in the legal sense, unless an obligation is exceptionally expressly designated as a “guarantee” and/or as “guaranteed”
8. Offsetting, Retention, Non-Assignment Clause
The user can only set counterclaims off against claims of European Games Group GmbH, which are undisputed or established as final and absolute or which constitute precisely the specific contractual return service for the relevant claim of European Games Group GmbH (what is referred to as a “synallagmatic relationship”). The user can only exercise a right of retention if his or her counterclaim is based on the same legal relationship. The assignment of claims of the user against European Games Group GmbH to third parties is excluded.
9. Copyright and Property Rights
9.1 The virtual items distributed by European Games Group GmbH are protected by copyright. The user undertakes to recognize and observe the copyrights. Any use of the virtual items outside the game, particularly in the course of trade, shall be prohibited. Furthermore, the user shall not be entitled to make the virtual items available to third parties. The user shall not be permitted to remove copyright notices (e.g. ©), trademarks or other legal reservations.
9.2 The same shall apply to name rights, other trademark rights and other property rights to the virtual items.
9.3 In addition, reference is made to the domiciliary right of the respective operator.
10. Foreign Contents / Responsibility
European Games Group GmbH makes links to websites of other companies, such as e.g. the operator of the game or third-party providers within the scope of advertising banners or so-called offer walls, available in the game. European Games Group GmbH shall not be responsible for an examination and evaluation of these offers or websites and shall not assume any guarantee for the offers of such companies or persons or the contents on their websites. European Games Group GmbH shall not assume any responsibility or liability for acts, products and contents of such other companies. The user shall be informed if another company is involved in the business transaction. The operator of the game is always such another company. The user should thoroughly read his GTC and privacy statement. Paragraph 7.3 of these Contract Terms shall be primarily applicable to the liability of vicarious agents.
11. Sweepstakes / Competitions
11.1 European Games Group GmbH shall be entitled to organize sweepstakes and competitions in the game. Any claim on the part of the user to have the prize paid out in cash shall be excluded, unless such claim (a) expressly results from these Contract Terms or (b) has been offered as a reward by European Games Group GmbH.
11.2 The entitlement to receive a prize shall always be excluded if European Games Group GmbH finds out that the asserted prize entitlement has arisen through technical, legal or other manipulations or if the user has violated the rules of the game or the GTC of the game. The user shall have to set forth and prove that he or she has not contravened these reasons for exclusion. The user recognizes this imposition of the burden of proof even if the latter does not comply with the statutory rules.
11.3 European Games Group GmbH shall be entitled to request a comprehensive investigation at any time in order to examine the lawfulness of a prize entitlement. Until the investigation is completed, European Games Group GmbH has a contractual retention right to the prize entitlement; thus, European Games Group GmbH can refuse to transfer the prize.
11.4 With respect to participation in the game, legal recourse shall be excluded.
12. Amendments, Effectiveness, Governing Law, Place of Jurisdiction, Others
12.1 European Games Group GmbH reserves the right to make amendments to these Contract Terms for the future at any time (i.e. always only with effect for contracts to be concluded in the future). Contracts concluded prior to an amendment continue to be subject to the Contract Terms effective at the time when the contract was concluded, unless otherwise agreed.
12.2 If one of the provisions of these Contract Terms is invalid, void or unenforceable for any reason whatsoever, this provision shall be deemed to be severable and shall not influence the validity and enforceability of the other provisions.
12.3 All contracts between European Games Group GmbH and the user are governed by the laws of the Federal Republic of Germany with the exclusion of conflict of laws provisions. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
12.4 If the user has no place of general jurisdiction in Germany or moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Munich shall be the place of jurisdiction for all disputes. Furthermore, European Games Group GmbH shall be entitled to sue at the user’s place of jurisdiction.
12.5 The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, European Games Group GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.