General terms and conditions
These legal texts were translated from German to create better transparency for the user. The German legal texts apply.
General terms and conditions for e-commerce and online shopping, IT services from Melk Trupp Boosting
General Terms and Conditions of Sale Online-Shop
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to all contracts concluded between us via our online shop, the
Melk trupp boosting,
Owner: Stanislaw Bullmann
Address: Markgrafenstrasse 36,
Location: 12105 Berlin
Sales tax identification number: DE301224910
Phone number: 030/89639694
E-mail address: firstname.lastname@example.org
and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
(4) We do not accept deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.
(2) By sending an order via the online shop by clicking on the button "order with payment" you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your existing right to revoke your order according to § 3 remains unaffected.
(3) We will immediately confirm the receipt of your order via our online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by the delivery of the ordered items.
(5) Orders for deliveries abroad can only be considered from a minimum order value. The minimum order value can be found in the price information provided in our online shop.
(6) Should the delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract does not come off. We will inform you about it immediately and refund already received consideration immediately.
§ 3 Scope of services
(1) For services purchased at www.melktrupp-boosting.de, you do not pay for the virtual items themselves, but for the time and effort required to procure and hand over the items (service). You expressly agree that neither now nor later any form of ownership, ownership, intellectual property or other rights in the described virtual items shall pass to you. The regular and irregular tasks of the contractor, including procurement and consulting services, are listed in the offer. A certain success is not owed by the contractor.
(2) All software and hardware components required for the operation of the system shall be provided and acquired by the Customer. Excluded from this is the remote maintenance software provided by the contractor.
(3) With regard to all installed software - with the exception of the remote maintenance software - the Customer is responsible for compliance with the license conditions and the protection of copyrights. The Customer shall indemnify the Contractor against all claims of third parties in this respect.
§ 4 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation according to item 1, you have to bear the regular costs of the return.
(3) For the rest, the provisions set out in detail in the following shall apply to the right of revocation.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
To exercise your right of withdrawal, you must company: Melk Trupp Boosting, owner: Stanislaw Bullmann, address: Markgrafenstraße 36, town: 12105 Berlin, e-mail: email@example.com, by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory. You may also complete the sample withdrawal form or other unambiguous statement on our website and email it to us. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return the Goods to us or to Stanislaw Bullmann's address immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this Contract: Markgrafenstraße 36, town: 12105 Berlin, e-mail: firstname.lastname@example.org]. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to examine their condition, properties and functionality.
- End of the revocation instruction-
(4) The right of revocation does not apply to distance contracts.
(a) for the delivery of goods which were manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
Sample withdrawal form
(If you want to cancel the contract, please fill in this form.
and send it back.)
- To [Company: Melk Trupp Boosting, Owner: Stanislaw Bullmann, Address: Markgrafenstraße 36, Location: 12105 Berlin, E-Mail: email@example.com, Telephone: 030/89639694
- I/we (*) hereby cancel the contract concluded by me/us (*)
on the purchase of the following goods (*)/ the provision of the following
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate
§ 5 Terms of delivery, availability of goods and reservation of prepayment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you. The customer may pay for the items by direct debit, credit card, online payment procedure or prepayment. The seller reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or cheques is not possible.
(2) The delivery period is approximately (7-14) working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or place of business abroad or if there are well-founded indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
(4) Delivery times stated by us shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is indicated for the respective goods in our online shop, it is [7-14] days.
(5) If no copies of the product selected by the customer are available at the time the order is placed, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(6) If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer of this immediately in the order confirmation.
§ 6 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are stated in our prices in our online shop. The price including sales tax and shipping costs is also displayed in the order form before you send the order.
(3) If we fulfil your order according to § 4 paragraph 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of already paid costs for shipment to you (forwarding costs) under the statutory conditions (cf. other consequences of revocation § 3 Para. 3).
§ 7 Terms of Payment and Offsetting and Right of Retention
(1) The purchase price and shipping costs shall be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can transfer the purchase price and the shipping costs to our account specified in the online shop, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorisation granted or payment by EC/Maestro or credit card, we will debit your account at the earliest at the time regulated in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.
(3) You shall not be entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 8 Secrecy, return of documents
(1) The contracting parties undertake to keep confidential for an indefinite period all information which becomes accessible to them in connection with this contract and which is designated as confidential or which is recognisable as trade or business secrets, unless the information is publicly known without breach of this or other confidentiality obligations. Insofar as the purpose of the contract does not require it, they shall not make any records or communications to third parties.
(2) Both parties shall ensure by means of suitable agreements with their employees, agents and other persons who come into contact with confidential information of the other party within the scope of the execution of this contract in accordance with the intended purpose that these also take into account the secrecy obligations from para. 1.
§ 9 Warranty
(1) We shall be liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain articles or manufacturer guarantees granted by the manufacturers of certain articles shall apply in addition to claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees shall be derived from the guarantee conditions which may be attached to the articles.
§ 10 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases we shall only be liable - unless otherwise stipulated in Para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 11 Copyrights
We have copyrights on our pictures, films and texts, which are published in our online shop. A use of the pictures, films and texts, is not permitted without our express agreement.
(1) All brand names mentioned are registered trademarks or property of the respective companies and are used only for product description. Data and contents are protected by copyright.
World of Warcraft and Blizzard Entertainment® are trademarks or registered trademarks of Blizzard Entertainment® © 1996-2010, Inc. in the U.S. and/or other countries.
League of Legends and PvP.net are trademarks or registered trademarks and service marks of, © 2017, Riot Games, Inc. in the U.S. and/or other countries.
Dota 2 are trademarks or registered trademarks of © 2017, Valve Corporation, in the U.S. and/or other countries.
Customer is responsible for compliance with the license terms and copyright with respect to all installed software other than remote maintenance software. The customer indemnifies the contractor against all claims of third parties in this respect.
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction shall be the registered office of the seller, Berlin. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
§ 13 Severability clause
Should any provision of this contract be or become invalid or should a loophole arise, this shall not affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision or loophole with a legally permissible provision that comes as close as possible to the original economic purpose.