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Conditions of Use

General Terms and Conditions of the Protovision Online Shop
 
Owner: Stefan Schauf
Schötmarsche Str. 25
32791 Lage
Deutschland
Tel.: 05232/975838
Email: contact @ protovision.games
 
The following terms and conditions are written in English and may be loaded into memory or printed by the customer. Upon request to contact@protovision-online.de, these terms and conditions will be delivered in digital or written form to the customer. In addition they are shipped with every customer delivery.
 
The legal address of the company Protovision and the owner Stefan Schauf are retrievable especially from the invoice.
 
Preamble
 
The company Protovision (called "Protovision" in the following text) operates a website at the domains http://www.protovision.games, http://www.protovision-online.com and http://www.protovision-online.de for commercial purposes. Protovision offers its customers products, mainly computer software for the Commodore 64, on these websites through the internet.
 
Protovision does not accept any other terms and conditions from the customer side, except if Protovision has given prior consent in written form.
 
§ 1 Product Choice
 
Customers can chose and order products in the Protovision webshop that will be placed in a virtual shopping basket and displayed including payable taxes and will receive a summary of all products in the basket with an end total price including payable taxes at the end of the ordering process.
Prior to the submission of an order, Protovision enables the customer to verify the order in terms of correctness, especially in terms of price and quantity with the ability to correct the order if necessary.
 
 
§ 2 Right of Withdrawal, Instructions on withdrawal
 
Instructions on withdrawal
 
You have the right to withdraw from this contract within 14 days without giving any reason.
 
The withdrawal period will expire after 14 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.
 
To exercise the right of withdrawal, you must inform us (Protovision, Jakob Chen-Voos, Daumstr. 196, 13599 Berlin, Germany, contact @ protovision.games) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
 
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
 
2.2 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), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
 
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (Stefan Schauf, Schötmarsche Str.25, 32791 Lage, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
 
You will have to bear the direct cost 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.
 
End of instructions on withdrawal 
 
2.3 Exclusion of Withdrawal
 
Exclusion of Withdrawal
Protovision points out that according to §312d.4 of the German Civil Code a right of Withdrawal does, among other things, not apply if the delivered product has been purpose-built according to the wishes of a customer or obviously fitted to the personal necessities of a customer or if the product is not suitable to be returned due to its nature.
 
- Withdrawal does not apply if the customer initiates the execution of the service themselves. 
- Withdrawal does not apply if the customer unseals ordered software after receipt.
- Withdrawal does not apply for products that due to their character have mixed with other goods in an unseperatable fashion.
- Withdrawal does not apply for software downloads.
 
 
§ 3 Prices and Shipping Costs
 
The applicable prices are the ones shown in the online shop at the time of the order.
Prices include taxes as applicable to the principle office of Protovision and exclude shipping and commissioning costs.
We charge a shipping fee of 5,99 Euros for every order within Germany.
For shipping costs outside Germany, please refer to the shipping cost details displayed in the shop.
 
 
§ 4 Contract
 
In case of unavailability of certain items, Protovision is not required to deliver ordered items, unless Protovision has confirmed the order in written form. If the delivery is insufficient, the customer may demand the delivery of missing items or revoke the contract.
Protovision may deliver products that are comparable in quality and price if the ordered products are unavailable and the customer has given his prior consent. In case the customer does not agree to the goods delivered, the customer can demand for supplementary performance, compensation or replacement of unavailing expenditures, depreciate, or withdraw from the contract.
For the contract conclusion, the languages German and English are available.
 
 
§ 5 Delivery
 
The delivery times are stated with the items in the shop. Any delivery periods begin when Protovision receives the respective payment.
Protovision delivers to Germany as well as outside Germany within the EU.
 
If no specific delivery information is available, the delivery usually takes 14 working days maximum within Germany and 30 working days maximum for orders outside Germany.
In case the delivery fails due to the customer not being available multiple times when the delivery is sent out or because the address is incorrect, the customer bears the cost of the delivery.
 
 
§ 6 Payment Terms
 
Protovision accepts only payments via Paypal for orders outside Germany. From within Germany, also wire transfer (advance payment) is available. Customers are obliged to carry out the payment as soon as possible after they have placed the order.
 
After submission of the order, Protovision provides a confirmation email with bank data and an invoice. The amount mentioned  is to be paid to the given bank account with the order number as the designated use, so that Protovision can link the payment to the order.
 
 
§ 7 Retention
 
The customer has a right for withholding items only in case of a written consent from Protovision or in case of a respective court decision and only if the decision has the Protovision contract as its legal basis.
 
 
§ 8 Property Statement
 
Until the order is fully paid, all items are the property of Protovision.
  
 
§ 9 Warranties and Liabilities
 
In case of defective items, the customer may inform Protovision about the defect and can send the item back for return. The return costs are taken over by Protovision (§§ 433 ff. BGB). Protovision has the right to repair or replace the item and supply the costumer with this item at no additional cost. This warranty is limited to one year after the order was placed.
 
Protovision is liable...
-  fully in case of grossly negligent behavior, 
-  in case of severe violation of contractual obligations up to a typical provisional damage. 
-  to the extent of the typical estimated damage
A partial responsibility of the customer is to be considered. 
Liabilities for warranties, fraud, intent and damage to persons or liabilities defined in the Product Liability Act are unaffected.
 
Protovision is not liable for damage that has been caused through unreasonable or unfitting usage, incorrect assembly, inappropriate usage or care, improper modifications or repairs, ignorance of manuals and procedures etc. by the customer or third parties.
 
 
§ 10 Legal Disclaimers, Force Majeure
 
While we endeavour to ensure that the information on the Websites is correct, we do not warrant the accuracy or completeness of the material on the Websites. We may make changes to the functionality of the Websites, the material on the Websites at any time without notice. The material on the Websites may be out of date and we make no commitment to update the material. The material on the Websites is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Websites on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal disclaimer, might have effect in relation to the Websites. We will use our reasonable endeavours to ensure that the Websites are fully operational at the times we have indicated it will be available. However we cannot and do not guarantee that the Websites will be available at all times or that it will be fault free. In particular access to the Websites may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out. Further, by using the Websites, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within our control and if we are totally or partially prevented or delayed in the performance of any of our obligations in connection with the Websites as a result of any failure of such external services, input or facilities or any other event of "force majeure", we will not be liable to you for the relevant non-performance or delay. For the purposes of these terms and conditions, the expression "force majeure" will be deemed to include any cause affecting the performance by us of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and in particular will include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster and any legislation, regulation, rule or ruling of government, court or any competent authority. 
 
 
§ 11 Copyright 
 
All foreign logos, pictures and graphics are the property of the respective companies and are subject to the copyright of the respective licenser. All photos, logos, texts, comments, scripts, routines that are the work of Protovision or that have been processed by Protovision are not allowed to be copied or used in another context without the consent of Protovision. All rights reserved.
 
  
§ 12 Privacy Statement
 
For the registration and ordering processes, Protovision stores customer data electronically that are required for the execution of the orders. Personal data will be treated with care and will not be passed on to any third parties, if not required for the order and delivery process. The customer explicitly accepts the collecting, processing and usage of person specific data for the purpose of order handling. The customer can at any time revoke the right to use these data concerning future use. At any point in time, the customer has the right to request the disclosure, correction, deletion or blockage of data specific to the respective customer. For doing so, the customer can contact Protovision via any official contact address given in the imprint.
Protovision respects all privacy related requirements, especially the German Teleservices Act.
 
 
§ 13 Final Clause
 
The contractual language is English.
Protovision has not subscribed to any code of conduct.

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