Terms of service

General Terms and Conditions (GTC)

 

Applicable for ACGSaga.com

 

§1 Scope, Customer Information, and Contracting Party

 

(1) These General Terms and Conditions (GTC) apply to all contractual relationships between Freundschaftsladen GmbH, operating the website ACGSaga.com (hereinafter referred to as "the Seller"), and customers who place orders via this website.

(2) The customer may be a consumer (a natural person concluding a legal transaction for purposes that are predominantly neither commercial nor self-employed) or an entrepreneur (a natural or legal person concluding a legal transaction in the exercise of their commercial or independent professional activity), as defined by the German Civil Code.

(3) The contract language is German and/or English.

 

§2 Ordering Process and Conclusion of Contract

 

(1) The goods and prices displayed on the website merely constitute a non-binding invitation to treat (invitatio ad offerendum).

(2) The customer submits a binding purchase offer by clicking the "Buy Now / Order Subject to Payment" button.

(3) The purchase contract is concluded upon the earlier of the following:

  • The Seller sends an order confirmation via email.

  • The Seller accepts the offer explicitly or begins contract performance (e.g., sending a shipping notification or a pre-payment invoice) without sending an order confirmation.

 

§3 Price, Payment Terms, and Pre-Payments (VAT)

 

(1) The listed prices are final prices and include the German statutory Value Added Tax (VAT) and all other price components. Shipping costs will be listed separately.

(2) Payment for pre-ordered goods is based on the requirements stated on the product page, which may require full payment or a partial deposit.

(3) VAT Treatment of Pre-Payments: The Seller is obliged to issue a pre-payment invoice and declare the corresponding VAT for the amount received immediately upon receipt of any deposit or pre-payment. A final invoice will be issued upon final delivery, clearly listing the total gross price and the deduction of the VAT already accounted for in the pre-payment invoices.

(4) The customer must complete the payment according to the method and deadline specified in the order confirmation.

 

§4 Special Provisions for Pre-Ordered Goods

 

(1) Price Constraint: Once the order is confirmed, the price of the goods is fixed. The Seller commits not to unilaterally increase the price due to cost increases by the manufacturer or supplier.

(2) Estimated Shipping Date and Manufacturer Delays: The delivery date shown is calculated based on the estimated release date provided by the manufacturer or supplier. The Seller is not liable for delays caused by the manufacturer but commits to informing the customer immediately upon becoming aware of any significant changes to the timeline, and to provide a new estimated delivery date.

(3) Compensation for Severe Transport Delays (Arrival at Seller's Warehouse): The Seller commits to compensating the buyer for severe delays caused by the transport process which impact the goods' arrival at the Seller's warehouse. The compensation is based on the delay relative to the estimated delivery date caused by transport delays:

  • Two Weeks Delay: 5% of the order value will be compensated to the buyer.

  • One Month Delay: 10% of the order value will be compensated to the buyer.

(4) Cancellation Right due to Extreme Delay: Should the delay in arrival at the Seller's warehouse reach two months past the estimated delivery date, the buyer is entitled to apply for order cancellation and shall receive a compensation equal to 20% of the original order value.

(5) Final Delivery: Once the goods arrive at the Seller's warehouse, shipping to the customer will be arranged within 1 to 2 business days.

 

§5 Customer Default in Payment and Contract Withdrawal

 

(1) Default in Payment: The customer is in default of payment if payment is not completed within the agreed-upon deadline.

(2) Procedure for Withdrawal: Before the Seller can exercise the right to withdraw from the contract due to outstanding balances, the Seller must first send a formal payment reminder, clearly setting a reasonable final deadline, and warning the customer that the contract will be cancelled if payment is not received by the deadline.

(3) Damages and Deposit Handling: If the contract is withdrawn due to the customer's default, the customer is obligated to compensate the Seller for the actual damages incurred due to the breach of contract. The Seller is entitled to offset the deposit received against claims for damages (e.g., costs for re-listing, administration, storage, loss of margin). Any remaining amount of the deposit exceeding the Seller's provable damage must be refunded to the customer.

 

§6 Delivery, Shipping Costs, and Retention of Title

 

(1) Delivery will be made to the address specified by the customer. Shipping costs and the risk of transport (for entrepreneurs) are borne by the customer. For consumers, the risk of transport is borne by the Seller.

(2) Retention of Title: The delivered goods remain the property of the Seller until full payment is received.

 

§7 Right of Withdrawal

 

(1) Instructions on Withdrawal: As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

(2) Effects of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).

We may withhold reimbursement until we have received the goods back and inspected them to ensure they are in their original condition. The reimbursement will be processed no later than 7 business days from the day on which the goods are received and approved by us.

Costs of Return: Customer shall bear the direct cost of returning the goods.

(3) Exclusion of the Right of Withdrawal: The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Furthermore, the right of withdrawal expires for sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.

 

§8 Liability for Defects (Warranty/Guarantee)

 

(1) The liability for defects is governed by the German statutory provisions.

(2) For New Goods, the statutory period for liability for defects is two years after delivery.

(3) For Used Goods (e.g., Used Game Cartridges):

In accordance with the German Civil Code, as the Seller predominantly sells used goods, specifically used game cartridges, the parties agree that the period for liability for defects shall be reduced to one year (12 months) after the delivery of the goods.

(4) If the delivered goods are defective, the customer is primarily entitled to demand subsequent performance, i.e., repair or replacement of the goods.

 

§9 Intellectual Property Rights and Authenticity

 

(1) The customer understands that the goods traded on this website (especially models and cartridges) involve third-party intellectual property rights (Copyright, Trademark Law).

(2) The Seller exclusively sells legal, authorized goods. Customers are prohibited from selling or offering counterfeit, infringing, or illegal goods on this website.

 

§10 Data Protection

 

The Seller will comply with the provisions of the General Data Protection Regulation (GDPR). For details on the collection, processing, and use of personal data, please refer to the website's Data Protection Statement.

 

§11 Dispute Resolution and Jurisdiction

 

(1) The European Commission provides an online dispute resolution (ODR) platform at https://consumer-redress.ec.europa.eu/site-relocation_en

(2) The Seller is generally not obligated to participate in dispute resolution proceedings before a consumer arbitration board, unless otherwise required by law.

(3) 3) If the customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be the court with jurisdiction over the Seller's principal place of business (Munich).

 

§12 Final Provisions

 

(1) The contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should individual provisions of these terms be wholly or partially invalid, the remainder of the contract shall remain valid.