Terms and Conditions
1. Object of the company
The following general terms and conditions apply to all business relationships between 4 Aces-Poker and the customer that are established via our internet platform: www.4Aces-Poker.de. The version valid at the time the contract is concluded is decisive. The object of the company is the marketing of all types of advertising space on the internet. The fulfillment of orders placed and accepted is carried out by the company in its own name and on its own account on behalf of the respective customer (hereinafter referred to as "4 Aces Poker"). Identity and address of the company Company: Jan Lieu />Personally liable partner Jan Lieu Company headquarters: Hindenburgstr. 19, 45127 Essen Email: info@4aces-poker.de
2. Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions of Section 6 of these General Terms and Conditions apply to the customer's claims for damages against the provider.
(2) The limitation period for warranty claims by the customer is 2 years for newly manufactured items for consumers and 1 year for used items. For businesses, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods for businesses is the right of recourse under Section 478 of the German Civil Code.
(3) The provider does not provide any guarantee.
3. Obligations of the Client
1. By placing the order, the client confirms that he has acquired all necessary rights of use from the owners of copyright, ancillary copyright and other rights to the documents and texts provided by him and that he can freely dispose of them. 2. The client indemnifies the company against all costs and claims from third parties that may arise from the company violating copyright, competition, press, criminal or other legal provisions. 3. The client is not entitled to assign or transfer rights or obligations under the contract to third parties without the company's express prior consent. The company can assign or transfer rights and obligations under the contract to a third party at any time. The client gives his express consent to this. As long as the client has not been notified of the transfer, he is entitled to pay the company with debt-discharging effect.
4. Right of withdrawal
1. The company reserves the right to reject the order even after the contract has been concluded for reasons that make it unreasonable for the company to carry out the contract. This is particularly the case if the advertising violates copyright, competition, press, criminal or other legal provisions.
5. Cancellation
Cancellation of orders by the customer is generally possible and must be made in writing.
6. Prices
The company’s price lists valid at the time of conclusion of the contract apply to the contracts, unless otherwise agreed in the individual contract.
7. Scope
1. The following conditions apply exclusively to all initial, current and future transactions concluded/concluded with the company. The company does not recognize any conditions of the client that deviate from these general terms and conditions. These do not become part of the contract even if the company does not expressly object to them. 2. By placing the order, the customer recognizes the exclusive validity of these terms and conditions.
8. Conclusion of contract
1. A contract between the company and the client is concluded either by a written order confirmation by letter, WhatsApp or email from the company or by the company fulfilling the order. The company has the right to reject orders that have not yet been confirmed without giving reasons. 2. Orders given verbally by the client and changes to orders that have already been confirmed are only effective if they are confirmed in writing by the company. 3. The company's price lists valid at the time the contract is concluded apply to the contracts.
9. Liability
1. The company is not liable for the uninterrupted availability of the website, nor for the fact that certain results can be achieved by placing advertisements. 2. The company is only liable for damages, regardless of the legal basis, in the event of intent, gross negligence and the absence of a guaranteed quality. This also applies to vicarious agents and legal representatives of the company. 3. In all other cases, the company is only liable if essential contractual obligations (cardinal obligations) are violated. The compensation is limited to the typically foreseeable damage. Compensation for atypical or unforeseeable damage does not take place.
10. Disclaimer
1. The company is not liable for the timeliness, accuracy or completeness of the information provided on its website. 2. The company has no influence on the design and content of third-party websites. It therefore distances itself from all third-party content, even if the company has placed a link to these external sites. This applies to all links displayed on the homepage and to all content of the pages to which the banners and links lead, as well as to third-party entries in guest books, discussion forums and mailing lists set up by the company.
11. Copyright
The homepage layout, the graphics and images used, the collection of contributions and individual contributions are protected by copyright. Reproduction or use is not permitted without the express permission of 4 Aces Poker. The company reserves all rights.
12. Place of performance and jurisdiction
1. The place of performance and jurisdiction is, as far as legally permissible, the company's registered office. However, the company is entitled to assert claims against the client at any other court having jurisdiction over the client. 2. German law applies to the conclusion of contracts.
13. Miscellaneous
1. Changes or additions to the contract must be made in writing to be legally effective. No oral side agreements have been made. 2. Should individual parts of the above General Terms and Conditions be or become invalid, the remaining provisions of these General Terms and Conditions remain fully valid.
14. Payments
1. Invoices must be paid immediately after receipt, without any deductions within 5 days, to an account specified by the company. The deduction of discounts requires special written agreements. 2. If the fulfillment of the payment claim is at risk due to a deterioration in the client's financial situation that occurred or became known after the contract was concluded, the company can postpone further execution of an advertising order until payment is made or demand an advance payment or other security for further advertising placements, without prejudice to any previous agreement to the contrary. 3. If the client is in default with his payment obligation in whole or in part, he must pay default interest from that point onwards in the amount of 5% per year above the ECB base rate, unless the company can prove greater damage. 4. The company is entitled to demand payment in advance and only provide services after receipt of the invoice amount.
15. Instruction of the customer regarding his right of withdrawal according to § 312 d
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (4 Aces-Pokershop, Hindenburgstr. 19, 45127, Essen, Info@4aces-poker.de, +49 (0) 201 47 45 80 74) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising your right of withdrawal before the withdrawal period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or inspected them or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract.
The deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.
Poker chips cannot be exchanged once the original foil or packaging has been removed. Only 1 roll or 2 rolls of chips are not affected by this for quality control purposes.
Consequences of return: If the goods deteriorate, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection, such as would have been possible in a shop, for example.
16. Shipping costs
The shipping costs are automatically calculated by our system for each order and added to the total price. For shipping within Germany we charge a flat rate of 7.90 euros per order. For bulky items (poker table) we charge 89.90 euros per item. For solid poker tables (> 200 cm long) 140.00 to 250.00 euros Delivery times: We usually ship within one working day of receipt of payment. Bear in mind that a bank transfer can take up to three working days. The delivery time for a package is two to four working days. Please take these delivery times into account. If there is a weekend or public holiday in between, the delivery time is extended accordingly. Tables are delivered by a freight forwarder and the delivery time is 5-7 working days. Shipping to the EU Please ask for the current shipping costs by email. We can make you an individual offer depending on the order quantity. If not all of the products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you. If the delivery of the goods fails despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately. Shipping costs will not be refunded. If the ordered product is not available because our suppliers do not supply us with this product through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not want a comparable product delivered, we will immediately refund any consideration already provided. Retention of title: The goods remain our property until full payment has been made. Before ownership is transferred, pledging, transfer by way of security, processing or modification is not permitted without our consent.
17. Custom-made products (e.g. personalized chips)
Please note that products that are made according to your wishes (such as personalized chips, personalized playing cards, game cloths) may have production-related design deviations (in color and shape) between the representation of the template medium sent to us (e.g. graphics) and the manufactured product and that these deviations and other production-related deviations (such as color bleeding), provided they do not exceed a reasonable level, do not represent a defect in the product and a complaint about this product cannot be accepted for the reasons mentioned. In order to prevent misunderstandings, we recommend ordering prototypes before ordering a product that is made according to your wishes in order to be able to check the quality of your product in particular for the expected quality. Please also note that the announced delivery times are the estimated delivery times and delays in the production and delivery of goods can occur. Exchanges and returns of personalized products are excluded.
18th OS platform
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address is: Info@4aces-poker.de