Last updated on July 18, 2023

These Terms of Use constitute a legally binding agreement between you personally or on behalf of a legal entity (“You”) and 4 Gamers Shop UG (haftungsbeschränkt) operating as GAMESHOPBUSINESS (“GAMESHOPBUSINESS,” “we,” “us,” or “our”) regarding your access to and use of the website https://www.gameshopbusiness.com/ and all other media forms, media channels, mobile websites, or mobile applications related to, linked, or otherwise connected with it (collectively, the “Website”). You agree that by accessing the Website, you have read and understood all of these Terms of Use and agree to be bound by them. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOUR USE OF THE WEBSITE IS EXPRESSLY PROHIBITED, AND YOU MUST CEASE USE IMMEDIATELY.

Supplementary terms and conditions or documents published on the Website from time to time are expressly incorporated by reference. We reserve the right, at our discretion, to make changes or additions to these Terms of Use at any time and for any reason. We will inform you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to regularly review these Terms of Use to stay informed of updates. If you continue to use the Website after the date of publication of these revised Terms of Use, you are subject to the changes in the revised Terms of Use, and it is assumed that you have been informed of and accepted these changes.

The information provided on the website is not intended for distribution to or use by any natural or legal person in any jurisdiction or country where such distribution or use would violate laws or regulations or subject us to registration requirements within that jurisdiction or country. Accordingly, those individuals who access the website from other locations do so at their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable.

The website is not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Therefore, if your interactions would be subject to such laws, you may not use this website. You are not permitted to use the website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The website is intended for users who are at least 13 years old. All users who are minors (generally under 18 years old) in the country where they reside must have the permission of their parents or legal guardians to use the website and must be directly supervised by them. If you are a minor, your parents or legal guardians must read and agree to these terms of use before you use the website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the website is our property, and all source codes, databases, features, software, website designs, audio data, videos, texts, photos, and graphics on the website (collectively the “Content”), as well as the trademarks and service marks contained therein (the “Marks”), are our property or are controlled or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the website “AS IS” for your information and personal use only. Unless expressly provided otherwise in these terms of use, no part of the website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise commercially exploited for any purpose without our express prior written consent.

Provided that you are authorized to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the content to which you have properly gained access, solely for personal, non-commercial use. We reserve all rights not expressly granted to you in the website, content, and trademarks.

USER ASSURANCES

By using the website, you declare and warrant that: (1) all registration information submitted by you is true, accurate, current, and complete; (2) you will maintain the accuracy of this information and promptly update this registration information as needed; (3) you are legally capable and agree to comply with these terms of use; (4) you are not younger than 13 years old; (5) you are not a minor in the country where you reside, or if you are a minor, you have obtained the permission of your parents to use the website; (6) you will not access the website in an automated or non-human way, whether through a bot, a script, or otherwise; (7) you will not use the website for illegal or unauthorized purposes; and (8) your use of the website does not violate applicable laws or regulations.

If you provide untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account and deny any current or future use of the website (or any part of it).

USER REGISTRATION

You may need to register on the website. You agree to treat your password as confidential and are responsible for the use of your account and password. We reserve the right to remove, reclaim, or change any username chosen by you if we, in our sole discretion, determine that such username is inappropriate, obscene, or otherwise offensive.

Products

All products are subject to availability. We reserve the right to discontinue products at any time and for any reason. Price changes for all products are reserved.

PURCHASES AND PAYMENT

We accept the following payment methods:

– Visa – Mastercard – PayPal – Discover – American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the website. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Value-added tax (VAT) deemed necessary by us will be added to the purchase price. We reserve the right to change prices at any time. All payments are made in Euros.

You agree to pay all fees at the prices then in effect for your purchases, as well as any applicable shipping charges, and you authorize us to charge these amounts to your chosen payment provider upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to reject orders placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders with the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

REFUND POLICY

All sales are final, and no refunds will be issued.

PROHIBITED ACTIVITIES

You are not allowed to access or use the website for any purpose other than the one for which we provide the website. The website may not be used for commercial purposes unless expressly supported or approved by us. As a user of the website, you agree not to do the following:

USER-GENERATED POSTS

The website does not provide users with the ability to submit or publish content. We may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or send content and materials to us or on the website, including, but not limited to, texts, fonts, videos, audio files, and photos, graphics, comments, suggestions, or personal information or other material (collectively “Posts”). Posts may be viewable by other users of the website and through third-party websites. Therefore, any posts submitted by you may be treated in accordance with the website’s privacy policy. When you create or provide posts, you declare and warrant that: 1. The creation, distribution, transmission, public display or performance, as well as the access, download, or copying of your posts, do not violate the property rights, including but not limited to, copyrights, patents, trademarks, and trade secrets, or the personality rights of third parties. 2. You are the creator and owner of the website or have the necessary licenses, rights, consents, releases, and permissions to authorize us, the website, and other users of the website to use your posts in any manner provided by the website and these terms of use. 3. You have the written consent, release, and/or permission of each identifiable individual in your posts to use the name or likeness of each identifiable individual to enable the inclusion and use of your posts in any manner intended by the website and these terms of use. 4. Your posts are not false, inaccurate, or misleading. 5. Your posts are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of advertising. 6. Your posts are not obscene, offensive, lewd, dirty, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us). 7. Your posts do not ridicule, mock, defame, intimidate, or insult anyone. 8. Your posts do not advocate the violent overthrow of a government and do not call, encourage, or threaten physical violence against another. 9. Your posts do not violate applicable laws, regulations, or rules. 10. Your posts do not violate the privacy or publicity rights of third parties. 11. Your posts do not contain material that solicits personal information from individuals under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner. 12. Your posts do not violate applicable laws regarding child pornography or otherwise serve to protect the health or welfare of minors. 13. Your posts do not contain any offensive comments related to race, national origin, gender, sexual preferences, or physical disability. 14. Your posts do not otherwise violate any provision of these terms of use or applicable laws or regulations and do not refer to material that violates them. Any use of the website or marketplace offerings in violation of the above violates these terms of use and may result, among other things, in the termination or suspension of your rights to use the website and marketplace offerings.

CONTRIBUTION LICENSE

You and the website agree that we may access, store, process, and use all information and personal data provided by you in accordance with the provisions of the privacy policy and your choices (including settings).

By submitting suggestions or other feedback about the website, you agree that we may use and disclose this feedback for any purpose without providing you with compensation.

We do not claim ownership of your contributions. You retain full ownership of all your contributions as well as all intellectual property rights or other proprietary rights associated with your contributions. We are not liable for statements or representations in your contributions that you provide in any area of the website. You are solely responsible for your contributions to the website and expressly agree to release us from any responsibility and refrain from any legal action against us regarding your contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the website or marketplace offerings (“Submissions”) that you provide to us are not confidential and become our sole property. We have exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and distribution of these submissions for any lawful purpose, commercially or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such submissions and warrant that the originals of these submissions are from you or that you have the right to submit such submissions. You agree that there is no recourse against us for an alleged or actual infringement or unlawful appropriation of property rights in your submissions.

THIRD-PARTY WEBSITES AND CONTENT

The website may contain links to other websites (“third-party websites”) as well as articles, photos, texts, graphics, images, designs, music, sound, and videos (or may be sent to you via the website or marketplace offerings), information, applications, software, and other content or elements owned by third parties or originating from third parties (“third-party content”). Such third-party websites and third-party content are not examined, monitored, or verified for accuracy, appropriateness, or completeness by us, and we are not responsible for third-party websites accessed through the website or for third-party content posted on, available through, or installed from there, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of third-party websites or third-party content or contained therein. The inclusion of third-party websites or content, linking, or approval of the use or installation of third-party websites does not imply our approval or endorsement. If you choose to leave the website and access third-party websites or use or install third-party content, you do so at your own risk, and you should be aware that these terms of use are no longer valid. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the website or regarding any applications you use or install from the website. All purchases you make through third-party websites are made through other websites and other companies, and we assume no responsibility for such purchases, which are solely between you and the respective third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and that you indemnify us from any harm arising from your purchase of such products or services. Furthermore, you hold us harmless from any losses you incur or damages you suffer in connection with third-party content or contact with third-party websites or resulting in any way from them.

WEBSITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the website for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including but not limited to reporting such user to law enforcement; (3) in our sole discretion and without limitation, deny your contributions or parts thereof, restrict access to them, restrict availability, or disable them (to the extent technically feasible); (4) in our sole discretion and without limitation, without notice or liability, remove or otherwise disable any files and content from the website that are excessively large or strain our systems in any way; and (5) otherwise manage the website in a way that aims to protect our rights and property and facilitate the proper functioning of the website and marketplace offerings.

PRIVACY POLICY

Privacy and security are important to us. Please read our privacy policy: [Privacy Policy Link]. By using the website or marketplace offerings, you agree to our privacy policy, which is included in these terms of use. Please note that the website and marketplace offerings are hosted in Germany. If you access the website or marketplace offerings from another region of the world where laws or other requirements for the collection, use, or disclosure of personal data differ from the laws in Germany, by continuing to use the website, you explicitly transfer your data to Germany, and you expressly consent to the transfer and processing of your data to Germany. Furthermore, we knowingly do not accept, request, or solicit information from children and do not knowingly market to children. Therefore, if we actually become aware, in accordance with the US Children’s Online Privacy Protection Act, that someone under 13 has provided us with personal information without the required and verifiable consent of the parents, we will delete this information from the website as soon as reasonably practicable.

DURATION AND TERMINATION

These terms of use remain in full force and effect during your use of the website. Without limiting other provisions of these terms of use, we reserve the right, at our sole discretion and without notice or liability, to deny any person access to the website and marketplace offerings and their use (including blocking certain IP addresses), FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF THE REPRESENTATIONS, WARRANTIES, OR AGREEMENTS CONTAINED IN THESE TERMS OF USE, OR APPLICABLE LAWS OR REGULATIONS. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME AND WITHOUT NOTICE AT OUR SOLE DISCRETION.

ACCOUNT TERMINATION AND PROHIBITED ACTIVITIES

If we terminate or suspend your account for any reason, you are prohibited from re-registering under your name, a false or borrowed name, or the name of a third party and creating a new account, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to seeking civil, criminal, and injunctive relief.

CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the website at any time and for any reason at our sole discretion and without prior notice. However, we are not obligated to update the information on our website. We also reserve the right to change or discontinue the marketplace offerings at any time without notice. We are not liable to you or any third party for changes, price changes, suspensions, or discontinuation of the website or marketplace offerings. We cannot guarantee that the website and marketplace offerings will be available at all times. Hardware, software, or other issues may arise, or we may need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website or marketplace offerings at any time and for any reason without prior notice. You agree that we are not liable for any losses, damages, or inconveniences resulting from your inability to access or use the website or marketplace offerings during downtime or discontinuation. Nothing in these terms of use should be construed as requiring us to maintain and support the website or marketplace offerings or provide corrections, updates, or releases in connection with them.

APPLICABLE LAW

These terms are subject to the laws of the Federal Republic of Germany and will be construed accordingly. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your habitual residence in the EU and are a consumer, you also enjoy the protection afforded to you by the mandatory legal provisions of your country of residence. 4 Gamers Shop UG (haftungsbeschränkt) and you both agree to submit to the non-exclusive jurisdiction of the courts of Germany, Lower Saxony, meaning that you can assert claims for the defense of your consumer protection rights in Germany or in the EU country where you reside.

DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr. If you wish to bring this matter to our attention, please contact us.

CORRECTIONS

The website may contain information that includes typos, inaccuracies, or omissions and may relate to the marketplace offerings, including descriptions, prices, availability, and various other information. We reserve the right to correct errors, inaccuracies, or omissions and change or update information on the website at any time and without prior notice.

DISCLAIMER

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SITE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE WEBSITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE ARISING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE MAKE NO WARRANTY, ENDORSEMENT, GUARANTEE, OR RESPONSIBILITY FOR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, A WEBSITE LINKED TO THIS WEBSITE, OR MOBILE APPLICATIONS OR WEBSITES ADVERTISED OR OFFERED IN A BANNER OR OTHER ADVERTISING. BE A CONTRACTING PARTY OR IN ANY WAY RESPONSIBLE FOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO YOU OR THIRD PARTIES FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, DATA LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISIONS HEREIN, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ARISING OF THE CLAIM. CERTAIN LAWS OF U.S. STATES AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliated companies, and all of our respective officers, agents, partners, and employees, harmless from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, made by third parties due to or arising out of the following: (1) use of the Website; (2) violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of third parties, including but not limited to intellectual property rights; or (5) any overt harmful act toward another user of the Website with whom you are connected. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any such claims, lawsuits, or proceedings upon becoming aware of them.

USER DATA

We store certain data that you submit to the Website to manage its performance, as well as data related to your use of the Website. While we regularly perform routine data backups, you are solely responsible for all data you submit or that relates to activities you performed on the Website. You agree that we shall have no liability to you for the loss or damage of such data, and you hereby waive any right to bring legal action against us arising from such loss or damage of data.

ELECTRONIC COMMUNICATION, TRANSACTIONS, AND SIGNATURES

Your visit to the Website, sending emails to us, and filling out online forms constitute electronic communication. You agree to receive electronic communications, and you consent that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, or on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You waive any rights or requirements under laws, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.

USERS AND RESIDENTS OF CALIFORNIA

If a complaint with us cannot be satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any guidelines or operating rules published by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use are governed to the fullest extent permitted by law. We may assign our rights and duties under these Terms of Use to any party at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure resulting from causes beyond our reasonable control. If any provision or portion of these Terms of Use is deemed unlawful, void, or unenforceable, that provision or portion of the provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Your use of the Website or these Terms of Use does not create any joint venture, partnership, employment or agency relationship between you and us. You agree that these Terms of Use will not be construed against us based on their drafting. You hereby waive any objections to these Terms of Use being in electronic form and lacking the signature of the parties for execution of these Terms of Use.

CONTACT

To resolve a complaint regarding the Website or to obtain further information regarding the use of the Website, please contact us at:
4 Gamers Shop UG (haftungsbeschränkt)
Zur Landwehr 7a
49685 Emstek, Germany/Lower Saxony
Phone: +491631681092
Email: info@gameshopbusiness.com