Acceptance by GIANTS is subject to the sending of an order confirmation, which is normally sent by e-mail if the Customer has provided GIANTS with a valid e-mail address. The immediate electronic confirmation that the Customer’s purchase order has been received does not constitute acceptance. A contract with the Customer does not take effect until GIANTS accepts the Customer’s purchase order. An order for Games constitutes a binding offer by the Customer to enter into a contract. Should this happen, the Customer is obligated to report the error.Ģ.6 All offers made by GIANTS are non-binding. The Customer’s purchase order is confirmed by means of an order confirmation.Ģ.5 Inadvertent input errors by the Customer or errors in the transmission of an order may occur occasionally, as when, for example, the purchase order is inadvertently sent twice because of a double mouse click or the Internet connection is interrupted, in which case the Customer may not receive the electronic order confirmation or may receive it twice. A purchase order can be submitted only if the Customer has already confirmed by a mouse click in the appropriate box that he has read GIANTS’ Terms of Use and agrees that they apply. By clicking on the “Buy” dialog field, the Customer submits a legally binding purchase order. The information he provides, the selected Game, the method of payment, and the price of the Game will appear together in a summary. Depending on the selected method of payment, the Customer must provide certain address and bank information, such as his full name, address, PayPal account, credit card number, or bank account number, which must be entered truthfully and in full. The price of the selected Game will always appear immediately. To do so, the Customer must select a Game for his Terminal Device along with his desired method of payment. The Customer’s contractual partner is GIANTS, not any of the various stores, even when purchasing a Mobile App.Ģ.4 The Customer may acquire the Games by purchase and download them to his Terminal Device. In such cases, contracts are transacted through the store concerned according to that store’s own general terms and conditions of business. § 2 Subject matter of this Agreement and contract termsĢ.1 GIANTS provides games and mobile apps (hereinafter collectively “Games”).Ģ.2 GIANTS makes Games such as the Farming Simulator available on its Website for download by the Customer to the Customer’s Terminal Device (such as a computer, PlayStation, Nintendo, smartphone, etc., hereinafter “Terminal Device”) in exchange for payment.Ģ.3 In addition, mobile applications for the games (hereinafter “Mobile Apps”) are offered through various stores, such as the App Store, Google Play Store, Amazon, Windows Store, etc., for download in exchange for payment. The new Terms of Use shall be published on the Website and accepted by the Customer when submitting his purchase order. GIANTS shall only make such amendments for good reason, particularly in response to new technical developments, any expansion of GIANTS’ services, changes in statutory or case law, or for other equivalent reasons. This shall also apply even if the Customer’s terms and conditions of business have not been expressly disallowed.ġ.4 GIANTS is entitled to amend these Terms of Use prospectively. They shall also apply to future business relations with the Customer, even if they are not expressly included therein.ġ.3 Differing terms and conditions of business proffered by the Customer and amendments and additions to these Terms of Use are valid only if they are acknowledged by GIANTS in writing. GIANTS Software GmbH Terms of Use § 1 Scopeġ.1 The business relationship between GIANTS Software GmbH, WiesenstraZurich-Schlieren, Switzerland (hereinafter “GIANTS”) and the customer or user (“Customer”) in connection with GIANTS’ offers on the Internet pages “““““and “(all hereinafter “Website”) is based exclusively on the following Terms of Use in the version effective on the date of the purchase order.ġ.2 Unless otherwise agreed in specific cases, these Terms of Use are an essential part of every contract concluded.
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