Terms and Conditions

1. Area of application

For all Ninestar Games products our General Terms and Conditions are to be applied valid at the time of ordering. Consumer in this terms and conditions means a natural person who, in transactions covered by this Directive, is acting for purposes which can be regarded as outside his trade or profession (European Community Law, Directive 85/577, Art. 2). A contractor within the meaning of these terms and conditions are all natural and corporate bodies, which, at the time the agreement is concluded, is exercising its commercial or independent professional activity (§ 14 BGB, German Law). Any conditions of the purchaser that contradict our conditions are herewith expressly contradicted.

2. Proposal and contract conclusion

All offers in the online shop of Ninestar Games are subject to change and non-binding. A contract between you and Ninestar Games is accomplished by filling in the order form available on our Web page, sending this form and receiving a confirmation mail by Ninestar Games or the shipment of the ordered products is been carried out. Where the confirmation of order contains obvious mistakes or clerical or computational errors, it shall be nonbinding for Ninestar Games. If a specification in the online shop of Ninestar Games contains no obvious mistakes or clerical or computational errors, Ninestar Games reserves the right to calculate the correct price. The purchaser’s right of withdrawal may be exercised in case of a price increase, if the buyer does not agree with the actual price. The purchaser’s rights under the Remote Sales Act remain unaffected thereby.

3. Distribution, Package

Delivery shall be made ex warehouse. Choice of shipping route and transport shall be subject to our discretion.

4. Right of Return

The customer has a right to return in accordance to the separately stated notice of cancellation. Manifest defects are to be notified to the Seller in writing by the Buyer within 14 days at the latest from receipt of the goods. Goods must be returned in its original packaging to the following address, indicating the invoice number and reason for return:

Ninestar Games
Subject: Nunki Retour
Hanauer Landstraße 31
63594 Hasselroth
Germany

The respective goods have to be returned in the original sealed packaging or with an undamaged seal. Unsealed products cannot be returned. We do not refund the return postage costs unless the reason for the return relates to the quality or our description of the goods. Sends if the buyer used or if commodity damaged back, the legally permissible amount is brought as indemnification according to value of it which results of deterioration of goods or the benefits derived (e.g. advantages in use) from handling of the goods which are beyond “testing the characteristics or the functions” of the goods. Under “testing the characteristics or the functions” shall be understood the examination of the goods, how this would have been in a retail store usual and possible. In all other respects, the customer can avoid the obligation to replace the value by not making use of the merchandise as if he was its owner and by refraining from any action that might reduce its value. The Buyer shall have to bear the normal costs of return if the goods supplied are what he ordered. For fastest possible treatment you frank the return please sufficiently and use you a standard post office package. Due to the original commodity value of the order if a forwarding expenses-free supply was granted and if the commodity value of the order falls by the Retoure under the border for a free supply, then originally resulted forwarding expenses are taken off from the credit note. A right of withdrawal and with it a right of return does not exist with contracts for the delivery of audio recordings or video recordings or from software, provided that the delivered date bearers or other recording bearer have been unsealed by the consumer.

5. Time of delivery, delay

The delivery takes place from our storage location in Wiesbaden to the shipping address indicated by the customer. The delivery times are usually approx. 1-2 days within the European Countries and 5 days for worldwide delivery following the date of the order confirmation. Details about the delivery deadline are given without engagement. Partial deliveries cannot be made in the normal case. The time for delivery extends – also within a delay – appropriately with entrance of higher force and all unexpected obstacles occurred after conclusion of a contract, which the salesman (in particular also operational disturbances, strike, lockout or disturbance of the traffic routes) does not have to represent, as far as such obstacles are provable on the supply of the sold article of substantial influence. Claims are excluded in those cases.

6. Data privacy

We hereby inform the customer that personal data of customers, gained as part of the business relations, will be saved by us in accordance with the regulations of German Law, Bundesdatenschutz- (BDSG) und Teledienstdatenschutzgesetzes (TDDSG), and will be treated as confidential. We advise you that Ninestar Games collects, process and store personal data which are connected to the contractual relationship for the purpose of fulfiling the requested service in a proper conduct. Credit card and other payment information will only be transmitted for processing within the scope of the assignment for which the payment partner has been commisioned. The customer expressly agrees the use of personal data of customers for the same purposes as mentioned above.

7. Price, time for payment, delay

The prices apply in euros (€) plus packaging, freight and other costs for shipping. Possible customs fees for consignments to countries outside the EU have to be paid by the customer. The purchase price shall be due for payment immediately without the deduction of cash discount. The customer can pay the payment price per Paypal or credit card. Customers from Germany can also use bank transfer, cash or cash on delivery as payment method. With payment by credit card or Paypal the customer account will be debited immediately after receiving orders. The customer himself/herself must ensure that his/her credit balance/payment account has the required cover for the fee-based services. If a charge cannot be collected the user bears all the costs, including resulting costs like bank charges referring to the debit advice procedure and other charges like reasonable handling fee within the amount the user has to take the responsibility for the cost cause. In the event of a delay in payment, we charge interest in the amount which is reasonable by German Law (§§ 288, 247 BGB). Ninestar Games reserves the right to transfer outstanding invoices to external service providers for further handling and processing. Offsetting our demands with contested or invalid counter claims is not permitted. A right of retention based on earlier or other business transactions as part of the current business relationship is expressly excluded and may therefore not be asserted. The Customer may not unilaterally deduct amounts from the invoice for the disposal of the packaging material, particularly transport packaging. Ninestar Games is not committed to more than three delivery attempts. The purchaser shall bear any additional costs which result therefrom. Our tax reference number is 2643/8510/238/9.

8. Payment options

For the purchase of the products offered on our website and for the processing of the order we offer different payment options to our customers. PLEASE NOTE THAT THE USE OF THE PAYMENT OPTION “DIRECT BANK TRANSFER” (BANKÜBERWEISUNG) IS SOLELY INTENDED FOR ORDERS ARRIVING EXCLUSIVELY FROM GERMANY. Direct bank transfer from abroad involves onerous conditions and heavy fees. In case of payment by direct bank transfer from abroad to our bank account, all bank charges, conditions and fees is the responsibility of the customer. If you transfer the money from a foreign bank account, please use payment options like credit card or paypal.

9. Reservation of proprietary rights

The delivered goods remain the property of Ninestar Games until payment in full by the customer of all claims existing against the customer.

10. Material defects and defects of title

Defects in terms of §§ 434, 435 BGB German Law Ninestar Games is liable as follows: Insofar as we are responsible for a defect in the object of sale, the customer is entitled to demand supplementary performance or compensation delivery. If Ninestar Games doesn’t succeed in doing so, the customer may demand a reduction in price or may withdraw from the contract, at his own choice. The warranty period for defects in title and quality for new items is 24 months and starts with delivery date.

11. Assignment

The assignment of the customer claims from the business relationship with Ninestar Games is prohibited.

12. Applicable Laws, Places of Jurisdiction

The law of the Federal Republic of Germany has validity with exclusion of the United Nations sales law. Place of perfomance and jurisdiction for all business with entrepreneurs, legal entities under public law or special properties under public law is Gelnhausen. However, Ninestar Games shall also be entitled to sue you at your general place of jurisdiction.

13. Severability clause

If any provision of these terms is wholly or partly inoperative or null and void, this shall not affect the remaining terms. In place of the incomplete, ineffective or invalid provision, a regulation shall be agreed that comes legally and economically closest to the original regulation in terms of meaning and purpose. The same is valid for possible omissions in regulations.