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1.1 These General Terms and Conditions (hereinafter "T&C") regulate all Online orders for the purchase and delivery of goods of Caseking Portugal Unipessoal LDA (hereinafter "Caseking") as well as all orders for the purchase and delivery of goods that are placed via phone, e-mail or other communication channels. The T&C regulate the conclusion of the contract between Caseking and the buyer (hereinafter referred to as "Customer"), the processing of concluded contracts and the mutual rights and obligations of the contracting parties.
1.2 Customers within the meaning of these T&C are exclusively commercial Customers (hereinafter "Customers"). A commercial Customer in the above sense is any legal entity, legal body, company, society or incorporation or any natural person who concludes a legal agreement for commercial purposes or for purposes that are predominantly attributed to a commercial or (independent) professional activity (including self-employment or freelance activities).
1.3These T&C apply to the contractual relationship between the parties in the version valid at the time the contract was concluded. By placing the order, the Customer agrees to the application of these T&C to the contractual relationship. Conditions or additional individual agreements differing from these T&C only apply to the contractual relationship, if Caseking explicitly agrees to them. This requirement of consent shall apply in all events, even if Caseking unconditionally makes delivery to the Customer knowing of the Customer's General Terms and Conditions of Business.
1.4If orders are placed outside an online spare parts webpage, these T&C apply in the version valid at the time when the Customer ordered. The T&C will then also apply for all future orders regarding the sales and delivery of goods without having to refer to them again in each individual order or agreement. Caseking's right to change these terms and conditions remains unaffected. The changed T&C only apply after Caseking has notified the Customer of the changed T&C and only for orders placed after the receipt of such change notification.
1.5References to statutory provisions within these T&C are only for clarification purposes. Even without such a clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these T&C.
1.6 Customer's contractual partner is:
Caseking Portugal Unipessoal LDA
Avenida Afonso Costa, lotes 25 e 26
1900 032 Lisboa
Portugal
Telefon: +49 (0)30 403 670 630
E-Mail: [email protected]
Directors: Kay Kostadinov, Toni Sonn
Registered at: Código do Registo Comercial Portugal
Registration number: 8514-4681-8177
NIPC: 514304944
Caseking Iberia, Unipessoal Lda
Av. Santa Isabel
Parque Industrial Meramar II, Armazém 4
Cabra Figa
2635047 Rio de Mouro
PORTUGAL
phone: 20€ for every kg, above production price.
E-Mail: [email protected]
Directors: Kay Kostadinov, Toni Sonn
Registered at: Código do Registo Comercial Portugal
Registration number: 8514-4681-8177
NIPC: 514304944
2.1Unless otherwise indicated, all of Caseking's online offers and their presentation of goods are subject to change and non-binding. This also applies if Caseking has provided the Customer with catalogues, product descriptions or other documents - also in electronic form.
2.2The Customer can select the required spare parts via the online order mask and send Caseking a request to prepare an offer.
2.3After receipt of the Customer’s order, Caseking will send the Customer an email confirming receipt of the order and listing its details. The receipt of this email confirmation does neither constitute an acceptance of the offer nor a contract conclusion
2.4The offer is accepted and the contract is concluded, either when Caseking dispatches the goods or by means of Caseking’s separate declaration of acceptance via email or in another text form.
3.1Caseking is entitled to assign its contractual rights and obligations to third parties at its sole discretion.
3.2The assignment of claims for damages, defects or warranty claims by the customer against Caseking is excluded.
4.1The contract’s text (Customer’s order) is saved by us. However, this text is not accessible to the Customer. Therefore, the Customer has the option to archive the contract in accordance with the following provisions.
4.2The Customer can view the current version of these T&C on Caseking’s website at any time. The Customer can also print or save the T&C, e.g. by using the usual functions within the browser: usually via the path “File” -> “Print” or “Save as”).
4.3The Customer can also print or save the summarized data of his order on the last page of the order process, or the Customer waits for the order and contract confirmation, which Caseking will send to the Customer via e-mail after the completion of the order process. This e-mail contains the data of the Customer's order and these T&C. It can be printed or saved by the Customer.
5.1Caseking is not obliged to accept orders from Customers.
5.2After the completion of the order process, Caseking immediately sends the Customer an e-mail with the specified Customer information to the e-mail address provided by the Customer.
5.3 The Customer must ensure that the e-mail account specified by him can receive e-mail messages from Caseking. Customer must ensure that the e-mail account is not subject to automatic forwarding, shutdown, spam filters or overfilling which prevent the receipt of e-mails from Caseking. The Customer has to secure his Customer password against misuse by third parties and is not allowed to pass on the Customer account login details to third parties.
5.4 Customers can find information regarding the handling of Customer data in context with Data Privacy on the website www.gamersware.com.
6.1Unless otherwise agreed, our current prices at the time of the order apply, ex warehouse, plus any applicable statutory sales tax. Under no circumstances will Caseking pay the costs of a money transaction.
6.2The due date for the payment of the purchase price is determined by the payment term of the respective order.
6.3Caseking reserves the right to request an appropriate price adjustment by means of a declaration in text form if, after the conclusion of the contract, Caseking’s purchase costs increase as a result of a price increase by our suppliers or due to exchange rate fluctuations. Such a price increase will only take effect if Customer has agreed to the increase request. If the Customer does not give his consent within 7 business days upon receipt of the increase request, also in text form, Caseking is entitled to withdraw from the contract within 7 business days.
6.4The Customer bears the transportation costs for shipping and delivery from the warehouse. If the transportation company is commissioned via Caseking, the maximum insured value of the goods is based on the information provided by the respective transportation company, whereby the damage must be reported regularly within 7 days of occurrence:
Transportation Company |
Max. Insured Value of Goods |
DHL |
All packages are insured up to 500€. |
FEDEX |
20€ for every kg, above production price. |
For any values of goods above the above-mentioned maximum insured values, the Customer bears the risk, costs and responsibility for a sufficient additional insurance protection.
6.5Any customs duties, fees, taxes and other public charges are borne by the Customer.
6.6Any interest rate occurring during a period of default shall be calculated at the applicable statutory default interest rate. Caseking reserves the right to claim further damage caused by default. § 353 of the German Commercial Code remains unaffected.
6.7The Customer is only entitled to set-off rights or retention rights insofar as his claim has been legally decided or is undisputed. In the event of defects in the delivery, the provisions of section 10 of these T&C remain unaffected.
6.8If, after the conclusion of the contract, it becomes apparent that our claim to the purchase price is endangered by the Customer's inability to pay (e.g. by filing for insolvency), Caseking is entitled to refuse the delivery and - if necessary after setting a deadline - withdraw from the contract in accordance with the statutory provisions regarding the refusal to perform (§ 321 German Civil Code).
6.9If necessary, invoices, credit notes and other documents relevant for the processing and payment of the order will be sent exclusively in digital form to the email address provided by the customer.
7.1The goods offered via the online spare parts webpages are mostly kept in stock, whereby the respective stock amount is limited to certain quantities. For larger orders availability should be clarified with the Customer service.
7.2If one and the same order contains goods with different availabilities, shipping will generally only take place when all goods contained in the order are available together, unless something else is expressly agreed with the Customer.
7.3 The place of performance is the responsible warehouse assigned by Caseking. At request and expense of Customer, the goods will be sent to a different destination. Unless otherwise agreed, Caseking is entitled to determine the type of shipment (i.e. transportation company, shipping route, packaging).
7.4The risk of accidental loss and accidental deterioration of the goods is transferred to the Customer when the goods are handed over. In the case of shipping, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the Customer when the goods are handed over to the transportation company, the carrier or the person or institution otherwise assigned to carry out the shipment. The Customer's default in acceptance is equivalent to the handover.
7.5If the delivered goods show recognizable damage or shortages, the Customer must note this in writing on the delivery receipt of the transport company upon delivery. Customer must clearly describe the damage or the shortfall (notification of damage in accordance with § 438 of the German Commercial Code). Under no circumstances is the Customer entitled to refuse to accept the goods.
7.6 If the Customer is in default of acceptance, if he fails to cooperate or if Caseking delays the delivery for other reasons for which the Customer is responsible, Caseking is entitled to demand compensation for any resulting damage, including additional expenses (e.g. storage costs). Customer's goods which remain in the warehouse due to a refusal to accept the delivery, a performance claim or unauthorized delivery to Caseking will be charged with a storage fee of 1.50 EUR per day from the 15th day of storage. As soon as the value of the goods or the 180th day of storage is reached, the goods become the property of Caseking without replacement for the Customer.
8.1Default in delivery is determined by the applicable statutory provisions. A reminder from the Customer is required for the occurrence of default of delivery.
8.2Delivery for prepayment orders will only take place after Caseking has received the full prepayment. Caseking will not reserve the ordered goods for the Customer as long as the prepayment has not been received in full. If the ordered goods are sold out and have to be reordered before the Customer made the prepayment, Caseking will inform the Customer immediately about any possible delay in delivery due to the belated prepayment.
8.3The delivery time can be extended due to adverse circumstances of force majeure. Circumstances of this kind can be: strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances, for example due to fire, water and machine damage and all other hindrances that, from an objective point of view, were not caused by Caseking. The Customer will be informed immediately of the beginning and end of such circumstances.
8.4If Caseking is unable to deliver the ordered goods through no fault of its own because one of Caseking's suppliers does not fulfil its contractual obligations, Caseking is entitled to withdraw from the contract with the Customer including the right to withdraw only partially. However, this right to withdraw from the contract only exists if Caseking has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier in question and if Caseking is not responsible for the non-delivery of the goods in any other way. In the event of such a withdrawal, the Customer will be informed immediately that the ordered product is not available. Payments already made by the Customer will be refunded immediately.
9.1 The delivered goods remain the property of Caseking until they have been paid for in full.
9.2 As long as ownership has not yet passed to Customer, Customer is obliged to treat the goods with care. If maintenance and inspection work have to be carried out, Customer must carry out such work in good time at his own expense. As long as ownership has not yet passed, the Customer must immediately notify Caseking in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not able to reimburse Caseking for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 of the German Code of Trial Procedure, the Customer is liable for any loss incurred by Caseking, unless Customer has done everything reasonable to prevent the seizure of the goods and informed Caseking immediately or – if Caseking was not informed immediately – was not responsible for the lack of promptness of Caseking’s information.
9.3The Customer is entitled to resell the reserved goods within the normal course of business. The Customer hereby assigns to Caseking all of Customer’s rights and claims resulting from the resale of the goods in the amount of the final invoice amount agreed with Caseking for the respective goods (including VAT). This assignment applies regardless of whether the purchased goods have been resold before or after they have been altered or processed in any way. The Customer remains authorized to collect his claims even after the assignment. Caseking's authority to collect any claims itself remains unaffected. However, Caseking will not collect any claims as long as Customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, if Customer has not filed for insolvency proceedings or ceased payments towards its business partners.
9.4The handling and processing or transformation of the purchased goods is always carried out in the name of and on behalf of Caseking. In this case, Customer's entitlement to the purchased goods continues with the remodelled goods. If a purchased good is processed together with other items that do not belong to Caseking, Caseking acquires joint ownership of the new item in the ratio of the objective value of the purchased good to the other processed items at the time of processing or transformation. The same applies in the event of commingling. If the commingling takes place in such a way that the Customer's added item is to be regarded as the main item, it is agreed that the Customer shall transfer proportional joint ownership to Caseking and that Customer shall hold the resulting sole ownership or joint ownership for Caseking.
9.4Caseking undertakes to release the securities to which Caseking is entitled at Customer's request, insofar as their value exceeds the claims to be secured by more than 20%.
10.1 The statutory provisions apply to the Customer's rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or inadequate assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions the final delivery of the goods to a consumer remain unaffected (§§ 478, 479 of the German Civil Code).
10.2The basis for Caseking’s liability for defects shall primarily be the agreement made on the quality of the goods. All product descriptions become an integral part of the agreement and define the quality of the goods. Insofar as the quality has not been agreed or described, the applicable statutory provisions assess whether or not there is a defect (§ 434 of the German Civil Code). Caseking is not liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).
10.3All images used for the presentation of goods in Caseking's online offers are only sample photos. They do not represent the respective article in every case true to life, but serve only illustration purposes. Especially in the case of colours, there may be deviations due to the different representation on different screens. Decisive is the technical description of the item.
10.4Blemishes such as coil whine, colour deviations, etc. are not a material defect as long as they range within the tolerances of the corresponding manufacturer standards or production standards.
10.5The Customer is obliged to back up any data on the goods before they are returned. Caseking is not responsible for any loss of data on returned devices.
10.6The Customer's claims for defects require that Customer has complied with his statutory inspection and notification obligations (§§ 377, 381 of the German Commercial Code). If a defect becomes apparent during the inspection or later, Caseking must be notified immediately in writing. The notification is deemed to be immediate if it is received within two weeks. A timely sending of the notification shall be deemed sufficient to meet the deadline.
10.7Irrespective of Customer’s obligation to inspect and notify, Customer must notify obvious defects (including incorrect and short deliveries) in writing within seven days of delivery, whereby the timely sending of the notification shall be deemed sufficient to meet the deadline. If the Customer fails to properly inspect and / or report defects, our liability for those obvious defects which have not been reported is excluded, unless Caseking acted with intent or with gross negligence.
10.8If the delivered item is defective, Caseking can first choose whether Caseking provides warranty services by eliminating the defect (warranty service) or by delivering a defect-free item (replacement delivery). Caseking's right to refuse the selected type of warranty service under the legal requirements remains unaffected.
10.9 Caseking is entitled to make the warranty service owed dependent on the Customer paying the full due purchase price. However, the Customer is entitled to withhold part of the purchase price that is reasonable in relation to the defect.
10.10Customer must give Caseking the necessary time and opportunity required for the warranty service owed and hand over the defective goods for inspection purposes. In the case of a necessary replacement of the goods, Customer must return the defective item to Caseking in accordance with the statutory provisions.
10.11Customer (Reseller) bears the expenses occurring in context with the provision of its warranty services, in particular the costs of transportation, travel, labour and material. Caseking bears the necessary expenses, if Customer is an end user and if there is an actual defect covered by the warranty. If the Customer's complaint proves to be unreasonable or unfounded due to the lack of a warranty-triggering material defect of the goods, Caseking may subsequently request the Customer to reimburse all costs incurred.
10.12If the warranty services have failed or if a reasonable deadline set by Customer for the provision of warranty services has expired without success regarding the provision of warranty services or if it is dispensable according to the applicable statutory provisions, Customer can withdraw from the Agreement or reduce the purchase price. There shall be no right of withdrawal for minor defects though.
10.13For damages or defects caused by improper or unsuitable use contrary to the intended use, or by incorrect commissioning or assembly, natural wear and tear, negligent or wilful damage, negligent or incorrect use, non-observance of the maintenance or operating instructions as well as improper repair work or changes by the Customer or a third party, no warranty is given by Caseking.
11.1Caseking is liable in accordance with the statutory provisions for damage caused by Caseking’s or its agents’ intentional or grossly negligent behaviour. The same applies to personal injury and damage under the Product Liability Act.
11.2 Caseking's liability for claims for damages - regardless of the legal reason - is limited in accordance with the following provisions, unless otherwise stated in a written guarantee made by Caseking:
11.2.1 Caseking's liability for breaches of essential contractual obligations caused by slight negligence is limited to the typically foreseeable damage.
11.2.2 Caseking's liability for the loss of data and / or programs caused by Caseking’s slight negligence is limited to the typical restoration effort that would have been incurred if the contractual partner had backed up data regularly and, in the circumstances, appropriately.
11.2.3 3 For damage caused by delay through Caseking’s slight negligence, Caseking's liability is limited to the typically foreseeable damage, but it shall not exceed more than 5% of the total contract value.
11.3 The provisions of the preceding paragraph also apply to a limitation of Caseking’s obligation to pay compensation for wasted expenses (§ 284 of the German Civil Code).
11.4 Caseking is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.5 Caseking is only liable for consequential damage resulting from material defects in purchased products that Caseking has imported itself and for which there is no national representation of the manufacturer. Furthermore, Caseking is not liable for damage resulting from errors in advice and product descriptions or for damage caused by incorrect or improper handling.
11.6 All the above limitations of liability also apply in favour of Caseking's employees, representatives and vicarious agents.
11.7 Casekings' liability is excluded in all other cases.
12.1 In deviation from § 438 I no. 3 of the German Civil Code, the general limitation period for claims arising from material and legal defects is one year from the transfer of risk. The above limitation period also applies to contractual and non-contractual claims for damages by the Customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 of the German Civil Code) would result in a shorter limitation period in individual cases.
12.2 The limitation of the product liability law remains unaffected. The statutory limitation periods apply to any other claims for damages by the Customer.
On www.gamersware.com hyperlinks may refer to other websites. Caseking has no influence whatsoever on the content of these websites, Caseking does not adopt them as its own and accepts no liability for their content. As soon as Caseking becomes aware of illegal content, Caseking will delete the corresponding hyperlinks on www.gamersware.com.
In the course of Customer’s order request on www.gamersware.com Customer will be asked to submit personal data. This is data is needed for the processing and execution of the order.
Caseking engages other companies and individuals with the fulfilment of tasks, such as parcel delivery, customer support and correspondence, maintaining customer lists, analyzing databases, marketing services, payment processing, credit management and others. These thirdparty service providers have access to personal data that is necessary for the execution of their
services. However, these service providers may not use data for any other purpose. In addition, they are obliged to treat the information in accordance with the relevant data protection laws. Caseking treats all personal data confidentially and in accordance with the relevant legal regulations, in particular those of the Federal Data Protection Act. In order to secure the data in online payment transactions, Caseking protects them with the most modern encryption techniques such as the Secure Socket Layer (SSL). SSL is a recognized standard protocol that guarantees secure data exchange. All data is transmitted to Caseking in encrypted form. Caseking's data protection declaration is available at www.gamersware.com.
15.1German law applies to all agreements with Caseking. The application of the UN Sales Convention (CISG) is expressly excluded as well as all international and supranational (contractual) legal systems. The prerequisites and effects of the reservation of ownership in accordance with no 9 of these T&C are subject to the law at the respective location of the goods for cases in which the choice of law made in favour of German law is inadmissible or ineffective.
15.2 The exclusive place of jurisdiction is the registered office of Caseking for all current and future claims from contractual relationships with any legal entity, legal body, company, society or incorporation or any natural person who concludes a legal agreement for commercial purposes.
1.1 These General Terms and Conditions (hereinafter "T&C") regulate all Online orders for the purchase and delivery of goods of Caseking Portugal Unipessoal LDA (hereinafter "Caseking") as well as all orders for the purchase and delivery of goods that are placed via phone, e-mail or other communication channels. The T&C regulate the conclusion of the contract between Caseking and the buyer (hereinafter referred to as "Customer"), the processing of concluded contracts and the mutual rights and obligations of the contracting parties.
1.2 Customers within the meaning of these T&C are exclusively Consumers (hereinafter "Consumers") of legal age. A Consumer in the above sense is any natural person who concludes a legal agreement for purposes that are predominantly neither attributed to their commercial nor their independent professional activity (including self-employment or freelance activities).
1.3 These T&C apply to the contractual relationship between the parties in the version valid at the time the contract was concluded. By placing the order, the Customer agrees to the application of these T&C to the contractual relationship. Conditions or additional individual agreements differing from these T&C only apply to the contractual relationship, if Caseking explicitly agrees to them. This requirement of consent shall apply in all events, even if Caseking unconditionally makes delivery to the Customer knowing of the Customer's General Terms and Conditions of Business.
1.4 If orders are placed outside the online spare parts order form, these T&C apply in the version valid at the time when the Customer ordered. Caseking's right to change these terms and conditions remains unaffected. The changed T&C only apply after Caseking has notified the Customer of the changed T&C and only for orders placed after the receipt of such change notification.
1.5 References to statutory provisions within these T&C are only for clarification purposes. Even without such a clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these T&C.
1.6 The Customer's contractual partner is:
Caseking Portugal Unipessoal LDA
Avenida Afonso Costa, lotes 25 e 26
1900 032 Lisboa
Portugal
Phone: +49 (0) 30 837995-00
E-Mail: [email protected]
Directors: Kay Kostadinov, Toni Sonn
Registered at: Código do Registo Comercial Portugal
Registration number: 8514-4681-8177
NIPC: 514304944
2.1 Unless otherwise indicated, all of Caseking's offers and their presentation of goods online are subject to change and non-binding. This also applies if Caseking has provided the Customer with catalogues, product descriptions or other documents - also in electronic form.
2.2 The Customer can select the required spare parts via the online order mask and send Caseking a request to prepare an offer.
2.3 After receipt of the Customer’s order, Caseking will send the Customer an email confirming receipt of the order and listing its details. The receipt of this email confirmation does not constitute an acceptance of the offer or a contract conclusion.
2.4 The offer is accepted and the contract is concluded, when Caseking dispatches the goods. The offer can also be accepted by Caseking by means of a separate declaration of acceptance via email or in another text form. For orders with the payment method “prepayment”, the contract is concluded with the request for payment or the initiation of the payment process. For orders with the payment method “PayPal” or “credit card”, the contract is concluded when the order is placed by the Customer.
3.1 Caseking is entitled to assign its contractual rights and obligations to third parties at its sole discretion.
3.2 The assignment of claims for damages, defects or warranty claims of the customer against Caseking from the purchase of goods is only permissible if the assignment happens in connection with the transfer of ownership of the goods (e.g. in the context of a resale or a gift) to which the claims relate and if the assignment to the new owner takes place. In all other cases, the assignment of claims for damages, defects or warranty claims by the customer against Caseking from the purchase of goods is excluded.
4.1 The contract’s text (Customer’s order) is saved by us. However, this text is not accessible to the Customer. Therefore, the Customer has the option to archive the contract in accordance with the following provisions.
4.2 The Customer can view the current version of these T&C on Caseking’s website at any time. The Customer can also print or save the T&C, e.g. by using the usual functions within the browser: usually via the path “File” -> “Print” or “Save as”).
4.3 The Customer can also print or save the summarized data of his order on the last page of the order process, or the Customer waits for the order and contract confirmation, which Caseking will send to the Customer via e-mail after the completion of the order process. This e-mail contains the data of the Customer's order and these T&C. It can be printed or saved by the Customer
5.1 The online content may only be used for private, non-commercial purposes.
5.2 Caseking is not obliged to accept orders from Customers.
5.3 After the completion of the order process, Caseking immediately sends the Customer an e-mail with the specified Customer information to the e-mail address provided by the Customer.
5.4 The Customer must ensure that the e-mail account specified by him can receive e-mail messages from Caseking. Customer must ensure that the e-mail account is not subject to automatic forwarding, shutdown, spam filters or overfilling which prevent the receipt of e-mails from Caseking. The Customer has to secure his Customer password against misuse by third parties and is not allowed to pass on the Customer account login details to third parties.
5.5 Customers can find information regarding the handling of Customer data in context with Data Privacy on the website www.gamersware.com.
6.1 All prices quoted in Caseking’s online offers include the statutory value added tax. All prices are ex warehouse including packaging and plus all shipping costs and, if applicable, cash on delivery costs. Further information on the subject of shipping costs and payments can be found on the website www.gamersware.com. Under no circumstances will Caseking pay the costs of a money transaction
6.2 The due date for the payment of the purchase price is determined by the payment term of the respective order.
6.3 The Customer may choose between the payment methods displayed at the end of the ordering process.
6.4 The Customer may only offset counterclaims based on material or legal defects in Caseking's products or services against Caseking's claims, and only insofar as the amount set off does not exceed the defect’s value or the expected costs of the removal of the defect.
6.5 Please note when ordering from Switzerland or other third countries that levy import duties that Caseking has no influence on the amount of customs duties or the taxes to be paid in your country. In this case, please inform yourself about the costs incurred for an order, which will only be charged when the goods are imported into your country. These fees are NOT charged by Caseking and are NOT included in the shipping fees. To check the possibility of a refund of the VAT you have paid in Germany, please contact our Customer service. When shipping directly to Switzerland or other third countries, the German VAT is automatically deducted from our shopping cart.
6.6 In the event of a repayment by Caseking, the payment will be returned in the same way as it was received by Caseking. If this is not possible because of payment related reasons the repayment will be made by transfer to a bank account of Customer.
6.7 If necessary, invoices, credit notes and other documents relevant for the processing and payment of the order will be sent exclusively in digital form to the email address provided by the customer.
7.1 The goods are delivered from the warehouse to the delivery address named by the Customer. If agreed with Caseking, Customer may collect the goods directly from the warehouse.
7.2 If one and the same order contains goods with different availabilities, shipping will generally only take place when all goods contained in the order are available together, unless something else is expressly agreed with the Customer.
7.3 If the delivery is made to the delivery address provided by the Customer, Caseking engages a freight company for the execution. Caseking bears the risk of the goods being lost or damaged during transport, provided that the Customer is not in default of acceptance.
7.4 The risk of accidental loss and accidental deterioration of the sold goods is transferred to the Customer or a recipient specified by the Consumer when goods are handed over. The Customer's default in acceptance is equivalent to the handover.
7.5
In order for Caseking to insure any claims against the freight company due to transport damage
of the goods, Caseking must notify the freight company of both, externally visible transport
damage upon delivery of the order and externally unrecognizable transport damage. Otherwise
Caseking and the freight company must assume that the order was delivered without transport
damage to the detriment of Caseking. Caseking therefore formulates the following friendly
request to its Customers, which does NOT result in any obligation for the Customer:
Should a transport damage be likely in your eyes, e. g. because the packaging is visibly badly
damaged at the outside, compressed, torn or because the content (fragile goods) make a funny
sound during the "shake test", please open the packaging in the presence of the parcel carrier
and check whether the goods are damaged, broken or deformed or whether goods with their
housings clink when they are shaken. If this check reveals any transport damage, please have
the damage confirmed by the parcel carrier. The postman is obliged to do so. If possible, please
leave the goods in their original packaging and do not use them. Please inform us about the
damage immediately by phone or email. We will take care of the settlement of the case.
In all other cases, we also friendly ask you to always unpack the goods promptly after delivery
and to check them for any damage. If you discover that the delivered goods are damaged,
please leave the goods - as far as possible - in their original packaging and do not use them.
Try to leave the shipping box as it was when it was delivered. Please inform us immediately by
phone or email about the damage so that we can take care of the settlement of the case.
7.6 Your warranty claims and rights due to any transport damage are not affected by any of the above.
8.1 Default in delivery is determined by the applicable statutory provisions. A reminder from the Customer is required for the occurrence of default in delivery.
8.2 Delivery for prepayment orders will only take place after Caseking has received the full prepayment. Caseking will not reserve the ordered goods for the Customer as long as the prepayment has not been received in full. If the ordered goods are sold out and have to be reordered before the Customer made the prepayment, Caseking will inform the Customer immediately about any possible delay in delivery due to the belated prepayment.
8.3 The delivery time can be extended due to adverse circumstances of force majeure. Circumstances of this kind can be: strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances, for example due to fire, water and machine damage and all other hindrances that, from an objective point of view, were not caused by Caseking. The Customer will be informed immediately of the beginning and end of such circumstances.
8.4 If Caseking is unable to deliver the ordered goods through no fault of its own because one of Caseking's suppliers does not fulfil its contractual obligations, Caseking is entitled to withdraw from the contract with the Customer. However, this right to withdraw from the contract only exists if Caseking has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier in question and if Caseking is not responsible for the non-delivery of the goods in any other way. In the event of such a withdrawal, the Customer will be informed immediately that the ordered product is not available. Payments already made by the Customer will be refunded immediately.
8.5 Customer-owned goods that remain in our warehouse due to a refusal to accept, a performance claim or unauthorized dispatch will be charged with a storage fee of 1.50 euros per day from the 15th day of storage. As soon as the value of the goods or the 180th day of storage is reached, the goods become the property of Caseking without replacement for the Customer.
The delivered goods remain the property of Caseking until they have been paid for in full.
10.1 The Customer is entitled to the applicable statutory warranty claims.
10.2 The basis of Caseking’s liability for defects is primarily the agreement made on the quality of the goods. All product descriptions become an integral part of an agreement and define the quality of the goods. Insofar as the quality has not been agreed or described, the applicable statutory provisions assess whether or not there is a defect Caseking is not liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).
10.3 All images used for the presentation of goods in Caseking's online offers are only sample photos. They do not represent the respective article in every case true to life, but serve only illustration purposes. Especially in the case of colours, there may be deviations due to the different representation on different screens. Decisive is the technical description of the item.
10.4 Blemishes such as coil whine, colour deviations, etc. are not a material defect as long as they range within the tolerances of the corresponding manufacturer standards or production standards.
10.5 The Customer is obliged to back up any data on the goods before they are returned. Caseking is not responsible for any loss of data on returned devices.
10.6 If Customer is making a warranty or defect claim, Customer can indicate the type of warranty service he desires from Caseking. If the Customer does not expressly state the desired type of warranty service in the notification of the defect and if Customer does not otherwise notify Caseking of this, Caseking has the choice of whether the warranty service is carried out by removing the defect or delivering a defect-free item. Caseking will fulfil the warranty services as long as no reasonable economic damage for Caseking is exceeded.
10.7 The Customer must give Caseking the time and opportunity required for the warranty service owed, in particular to hand over the defective goods for inspection purposes. In the case of a requested product replacement, the Customer must return the defective item to Caseking in accordance with the statutory provisions.
10.8 Further information on the warranty can be found on www.gamersware.com.
10.9 Caseking bears the shipping costs for warranty service of the contract. This only applies to the place of performance (“Erfüllungsort”). If the shipping costs are higher due to the Customer requesting the delivery to another location, Caseking only bears the amount of the costs that would have incurred for shipping to and from the original place of performance.
10.10 For damages or defects caused by improper or unsuitable use contrary to the intended use, or by incorrect commissioning or assembly, natural wear and tear, negligent or willful damage, negligent or incorrect use, non-observance of the maintenance or operating instructions as well as improper repair work or changes by the Customer or a third party, no warranty is given by Caseking.
10.11 If the Consumer's complaint proves to be unreasonable or unfounded due to the lack of a warranty-triggering material defect of the goods, Caseking may subsequently request the Customer to reimburse the shipping costs incurred.
11.1 If the Customer makes use of his right of withdrawal, the goods must be sent back no later than 14 days after submitting the declaration of intent to withdraw the agreement or no later than 14 days after receipt of the return label. Otherwise, additional costs may arise for the Customer, e.g. compensation for loss of value or deterioration of the goods.
11.2 If goods only qualify for a return to Caseking in connection with a restoration or compensation by Customer, Caseking will inform the Customer via email about it. After the dispatch of the email, Customer has 14 days to restore the character of the goods through repair, completion, cleaning, replacement or restoration. If Customer does not comply with this obligation or does not react to the announcement, Caseking will offset the value of the restoration or compensation against the value of the refund.
11.3 The policy for an agreement withdrawal can be found at www.gamersware.com.
12.1 Caseking is liable in accordance with the statutory provisions for damage caused by Caseking’s or its agents’ intentional or grossly negligent behaviour. The same applies to personal injury and damage under the Product Liability Act.
12.2 Caseking's liability for claims for damages - regardless of the legal reason - is limited in accordance with the following provisions, unless otherwise stated in a written guarantee made by Caseking:
12.2.1 Caseking's liability for breaches of essential contractual obligations caused by slight negligence is limited to the typically foreseeable damage.
12.2.2 Caseking's liability for the loss of data and / or programs caused by Caseking’s slight negligence is limited to the typical restoration effort that would have been incurred if the contractual partner had backed up data regularly and, in the circumstances, appropriately.
12.2.3 For damage caused by delay through Caseking’s slight negligence, Caseking's liability is limited to the typically foreseeable damage, but it shall not exceed more than 5% of the total contract value.
12.3 The provisions of the preceding paragraph also apply to a limitation of Caseking’s obligation to pay compensation for wasted expenses (§ 284 of the German Civil Code).
12.4 Caseking is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
12.5 Caseking is only liable for consequential damage resulting from material defects in purchased products that Caseking has imported itself and for which there is no national representation of the manufacturer. Furthermore, Caseking is not liable for damage resulting from errors in advice and product descriptions or for damage caused by incorrect or improper handling.
12.6 All the above limitations of liability also apply in favour of Caseking's employees, representatives and vicarious agents.
12.7 Caseking’s liability is excluded in all other cases.
On www.gamersware.com hyperlinks may refer to other websites. Caseking has no influence whatsoever on the content of these websites, Caseking does not adopt them as its own and accepts no liability for their content. As soon as Caseking becomes aware of illegal content, Caseking will delete the corresponding hyperlinks on www.gamersware.com.
In the course of Customer’s order on www.gamersware.com Customer will be asked to submit
personal data. This is data is needed for the processing and execution of the order.
Caseking engages other companies and individuals with the fulfilment of tasks, such as parcel
delivery, customer support and correspondence, maintaining customer lists, analyzing
databases, marketing services, payment processing, credit management and others. These
third-party service providers have access to personal data that is necessary for the execution of
their services. However, these service providers may not use data for any other purpose. In
addition, they are obliged to treat the information in accordance with the relevant data
protection laws.
Caseking treats all personal data confidentially and in accordance with the relevant legal
regulations, in particular those of the Federal Data Protection Act. In order to secure the data in
online payment transactions, Caseking protects them with the most modern encryption
techniques such as the Secure Socket Layer (SSL). SSL is a recognized standard protocol that
guarantees secure data exchange. All data is transmitted to Caseking in encrypted form.
Caseking's data protection declaration is available at www.gamersware.com.
15.1 German law applies to all agreements with Caseking. UN sales law is expressly excluded, even if the Customer is domiciled abroad. This choice of law only applies to Consumers insofar as this does not deprive them of protection for this agreement, which would be mandatory for the respective Consumer because of legal provisions within the country in which the Consumer is habitually resident.
15.2 The exclusive place of jurisdiction is the registered office of Caseking for all current and future claims from contractual relationships with Consumers who (i) do not have a general place of jurisdiction in Germany, (ii) who have moved their place of residence or usual place of residence outside of Germany after conclusion of the contract or (iii) whose place of residence or usual place of residence at the time of filing of a lawsuit is not known. However, this place of jurisdiction does not apply if the Consumer is domiciled or habitually resident in a member state of the European Union. In this case, an action must be brought before the competent court in the member state of the Consumer’s residence.
The European Commission provides a platform for out-of-court online dispute resolutions (OS). This gives Consumers the opportunity to settle disputes in connection with their online order without the involvement of a court.
The OS platform can be reached under the following link: https://ec.europa.eu/consumers/odr. Caseking is neither obliged nor willing to take part in a dispute settlement procedure before a Consumer arbitration board.