1 Object of contract / Conclusion of contract
(1) The company
VALIANT S.L.U.
Passatge Arnaldeta de Caboet 11,
Escaldes-Engordany,
AD700, Andorra
in cooperation with – CoinLooting Limited, Unit 2A, 17/F, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong (hereinafter referred to as “Provider”) provides customers with Guides in video games via the Guide-Freaks platform.
(2) The Customer can place and save products in a shopping cart. Following this, the Customer may proceed to checkout to complete the order. After approval of the Terms and Cancellation policy, the contract is concluded by clicking on the button “Buy now”. The Customer receives an order confirmation.
(3) The Customer declares that he/she is at least 18 years of age at the time of the conclusion of the contract or that he/she is acting with the consent of his/her legal guardian.
(4) As regards the range of mediated services and digital goods, reference is made to the respective service description on the website.
(5) The Customer is considered a consumer under § 13 BGB (German Civil Code), unless the purpose of the ordered deliveries and services can be predominantly attributed to his commercial or self-employed professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity which, when concluding the contract, acts in the course of its commercial or self-employed professional activity.
(6) Employees of video game manufacturers and employees of network operator platforms (e.g. PSN, Xbox Live) are not allowed to enter into a contract. The Provider reserves the right to claim damages.
(7) The contract is concluded in the language on the website which is displayed to the Customer. The content of the contract will be stored in compliance with the provisions of data protection law.
2 Services of the Provider / impediments to performance
(1) The Customer receives the Guide for the Game according to the agreed conditions.
(2) The Provider is reliant on the cooperation of the Customer. Regarding the exact procedure, reference is made to the respective description on the website of the Provider.
(3) If the Customer fails to comply with his obligation to cooperate, the Provider shall be released from the obligation to perform, while the Customer’s payment obligation shall remain in force.
(4) The time of performance is determined by the agreement of the parties. If technical circumstances (e.g. server failure) or force majeure hinder the provision of services, the date shall be postponed accordingly and the parties shall agree a new date if necessary. No claim for damages arises from the above; the Customer is still required to pay.
(5) If it becomes impossible for the Provider to provide the service due to circumstances for which the Customer is responsible (e.g. blocking of the player account prior to provision of the service or termination/ suspension of a game membership), the Customer is still required to pay.
(6) The Provider draws attention to the fact that he is not an official partner of the respective game manufacturer and has not been authorised by the latter. All brand names used belong exclusively to the brand owners.
3 Term, termination
(1) The contract ends automatically with the provision of the service, without the need for termination. The Customer is free to book the services again or several times.
(2) This shall not affect the right to extraordinary termination for good cause.
(3) The termination must be made in writing in order to be effective. The date of receipt of the notice of termination shall determine the date of termination.
4 Duties of the Customer
(1) The Customer is obliged to give his data only truthfully. The Customer assures that he is the rightful owner of the account for which the service is provided.
(2) The Customer must cooperate in such a way that the Provider is able to provide the service mediation in a smooth manner.
(3) The Customer may not use the services of the Provider in an abusive manner.
5 Remuneration and payment processing
(1) Prices stated on the website and in offers of the Provider are valid at the time of the conclusion of the contract. The prices include the statutory value added tax. Payment is due in advance. The Provider may refuse to provide his services unless payment has been received in full.
(2) The Provider reserves the right to apply a discount to the quoted prices during special promotions, without the Customer being able to invoke such discount price as part of the service provision.
(3) Payment is made by the Customer using the payment methods offered on the website. Fees for transactions via external payment Providers are borne by the Provider. In case the Customer’s account does not have sufficient funds, the resulting fees shall be borne by the Customer.
(4) If the Customer falls into arrears with payment, the Provider is entitled to demand default interest in accordance with the statutory provisions. The Customer is already in default by missing the date of payment. In this case he shall charge the Provider default interest for the year in the amount of 5 percentage points above the base interest rate. If the Customer is an entrepreneur, the default interest shall be 9 percentage points above the base rate.
(5) The obligation of the Customer to pay default interest does not exclude the right of the Provider to claim further damages caused by default. The Customer reserves the right to provide evidence of lower damages incurred by the Provider.
(6) If the Customer is in arrears with a payment, the Provider is entitled to withdraw from the contract.
6 Liability
(1) Any claims of the Customer for damages are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (material contractual obligations) as well as the liability for other damages which are based on an intentional or grossly negligent breach of duty by the Provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the damage that is foreseeable and typical for this type of contract if such damage was caused by simple negligence, except in the case of claims for damages by the Customer arising from injury to life, body or health.
(3) The Provider is not liable if the Customer’s account has been blocked or other sanctions imposed on the Customer by the game manufacturer or operator of the network.
(4) The Provider shall not be liable if, through no fault of his own, the website becomes unavailable.
(5) Liability claims on lost profit are excluded for entrepreneurs.
(6) The limitations of liability shall also be applicable for the benefit of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
7 Limitation/exclusion of the right of withdrawal
(1) By concluding the contract, the Customer acknowledges that the Provider may start to execute the contract before the end of the withdrawal period and that the Customer loses his right of withdrawal when the execution of the contract begins.
(2) Customers who are entrepreneurs, have basically no right of withdrawal.
(3) Reference is made to the withdrawal policy of the Provider.
8 Privacy
(1) The Customer consents to the saving of his personal data as part of the business relationship with the Provider, in compliance with the data protection laws, in particular the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). Data will not be passed on to third parties unless this is necessary for the execution of the contract or the consent of the Customer has been obtained.
(2) If the Customer transfers personal data from third parties, the Customer assures that the consent of the third party has been obtained. The Customer releases the Provider from any claims of third parties in this respect.
(3) The rights of the Customer or the person affected by the data processing result in particular from the following standards of the GDPR:
- Article 7(3) – Right to withdraw data protection consent
- Article 15 – Data subject’s right of access, confirmation and the right to receive a copy of the personal data
- Article 16 – Right of rectification
- Article 17 – Right of cancellation (“right to be forgotten”)
- Article 18 – Right to restrict processing Article 20 – Right to transfer data
- Article 21 – Right of objection
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right of appeal to a supervisory authority
(4) In order to exercise these rights, the Customer or data subject is requested to contact the Provider by e-mail or, in the event of a complaint, to contact the competent supervisory authority.
(5) Reference is made to the data protection declaration on the Provider’s website.
9 Dispute Settlement
(1) The EU platform for out-of-court online dispute resolution is available at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The consumer arbitration body may make an appropriate charge on a Provider that is willing or obliged to take part in a dispute resolution procedure.
10 Place of jurisdiction and applicable law
(1) The business relations between the Provider and the Customers are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer as a consumer has his habitual residence, remain unaffected.
(2) Place of jurisdiction and place of performance is the registered office of the Provider in Bodelshausen (Baden-Württemberg) insofar as the Customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same applies if the Customer does not
The same shall also apply if the Customer has no place of jurisdiction in Germany or if the Customer’s place of residence or usual abode is unknown at the time the action is brought.
11 Scope of application of the terms and amendments
(1) The Customer agrees to the general terms and conditions of business upon conclusion of the contract.
(2) Any terms and conditions of the Customer are not accepted without written confirmation of the Provider.
(3) The general terms and conditions can be changed by the Provider with effect for the future.
(4) In case of discrepancies between the different country versions of these terms and conditions, the German terms and conditions shall prevail in case of doubt.
12 Severability
Should a provision of these general terms and conditions be or become invalid, the validity of the remaining provisions of the general terms and conditions shall not be affected. The invalid provision shall be replaced by a provision which comes as close as possible to the parties’ intention within the scope of what is legally possible. The same applies in the event of a regulatory gap.