General Terms and Conditions (AGB)
Strassganger Strasse 291
E-mail address: [email protected]
Sales tax ID: ATU71765217
General, Scope of the General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online offer of Florian Müller (hereinafter referred to as “Landania”) at https://www.Landania.net/ or https://shop.Landania.net between Landania and customers who are consumers and have their residence / habitual abode in Austria or Germany. The GTC apply in their respective current version at the time of the order by the customer.
As a service provider, Landania is not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. Landania reserves the right to exclude the customer from the game at any time and without giving reasons and does not guarantee permanent availability of the service.
Acknowledgement of the GTC, legal capacity
The customer acknowledges these GTC and agrees to them as soon as he makes an order / a call. By making a purchase, the customer expressly assures that he/she is of legal age or capacity or, in the case of minors, that his/her parents or legal guardians have given their consent.
III. defense clause
The inclusion of general terms and conditions or contractual conditions of the customer, which deviate from these GTC, is rejected, unless these are expressly accepted in writing by Landania.
Description of services
The main service of Landania is to provide the customer with digital products such as ranks, upgrades or treasure chests (“Products”) electronically. These products are available to the customer after payment. The nature of the Products and their prices are conclusively determined by the information on the website or the order documents. Landania shall not be responsible that these products meet the customer’s expectations. Landania shall be entitled to modify the products at any time if a modification is necessary and such modification does not lead to a more than insignificant negative deviation from the quality agreed upon at the conclusion of the contract.
Landania is obligated to keep the products available and accessible to the customer for use via the Internet almost around the clock. However, Landania cannot guarantee that the products are accessible at all times and Landania shall not be liable for system failures or other technical defects.
The prerequisite for the use of the products by the customer is compliance with common technical system requirements. The customer is prohibited from using the products in a manner that endangers the security or performance of the Landania infrastructure.
The customer is not entitled to maintain the server in the version existing at the time of the conclusion of the contract. Landania reserves the right to discontinue operation at any time without giving reasons.
The selected product will be assigned to the player name entered at the time of purchase. The purchase entitles to the installation / execution of the desired service (product) idR within 48 hours after ordering on the Landania.net server.
Conclusion of contract
Internet presentation of Landania on the website https://shop.Landania.net
The product or service presentation on the website does not represent an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing the order.
By entering the order data, the customer selects the products he wants. By clicking the button “continue”, the ordering process is then continued. The customer then selects the desired payment method and enters the data required for the execution of the payment. When choosing external payment services such as PayPal, the customer may be redirected to the external website of the respective payment service provider, which will also transmit an order confirmation. Before the order is placed, the data relevant to the order is summarized in an “order summary”. The customer is free to check his details in the order overview once again and correct them if necessary before he sends his order to Landania by clicking on the button “order with obligation to pay”. By clicking on the button “order subject to payment”, the customer submits a binding offer to purchase the goods or services selected by him.
Acceptance of the purchase offer
The order confirmation does not constitute an acceptance of the customer’s purchase offer by Landania. The acceptance of the offer by Landania shall be expressly effected by the activation / provision of the ordered products. If Landania rejects the conclusion of the contract, the customer shall be notified thereof.
Storage of the contract text
The text of the contract, i.e. the information provided by the customer regarding the order process, shall be stored by Landania and can be viewed by the customer under the link “My Account” > “My Orders”. Independently of this, Landania will send the order confirmation described under V.3. and these GTC to the e-mail address provided by the customer.
VII. Cancellation Policy
In principle, the customer has the right to revoke a contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has or has taken possession of the goods. The right of withdrawal is extended by 12 months if the customer has not received correct information about the right of withdrawal.
To exercise the right of withdrawal, the customer must send to
Strassganger Strasse 291
E-mail address: [email protected]
by means of a clear statement (for example, a letter sent by mail or e-mail) the decision to revoke this contract.
Sample text for the revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
*delete as applicable
In order to comply with the cancellation period, it is sufficient that the customer sends the notification of the exercise of the right of cancellation before the end of the cancellation period.
Landania points out that the right of withdrawal for a contract for the delivery of digital products not on a physical medium expires when Landania has started the execution of the contract after the consumer has
has expressly consented to the contractor commencing performance of the contract prior to the expiry of the revocation period, and
has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the contract.
Consequences of the revocation
If the customer revokes this contract, Landania shall repay all payments that Landania has received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by Landania), without undue delay and no later than within fourteen days from the day on which Landania has received the notification of your revocation of this contract. For this repayment, Landania shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees due to this repayment. Landania may refuse repayment until Landania has received the goods back or until the customer has provided proof that the customer has returned the goods, whichever is earlier.
The customer must return or hand over the goods to Landania without undue delay and in any case no later than within fourteen days from the day on which the customer notifies Landania of the revocation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days. The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
End of the cancellation policy
All prices are total prices; they include the statutory sales tax (VAT).price errors are reserved. If the correct price is higher, the customer will be contacted; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.
Online login / delivery conditions
Each customer who has received an online login to the provided products may use it exclusively for himself. The online login is only valid for a specific person. Passing on the online login to third parties is not permitted.
Landania does not bear any responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Landania is not responsible, Landania shall be entitled to withdraw from the contract in whole or in part. Landania shall notify the customer of this without delay. Claims for damages shall be excluded in this case. The customer shall be informed of any existing delivery restrictions prior to the start of the order process.
Due date and retention of title
The purchase price is due at the latest upon delivery of the goods / call-off of the products. The delivered goods remain the property of Landania until full payment has been made.
Terms of payment
Landania offers among others the payment via PayPal. Provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). If you select payment via PayPal, the payment data you enter will be transmitted to PayPal. Customers can find more information about this at www.paypal.com/at/home.
Landania assumes no liability and no guarantee for the correctness of the products and the statements made. Furthermore, there is no guarantee of success or any other kind.
Unless otherwise stipulated, the general statutory provisions on liability and warranty shall apply.
The warranty is excluded in case of defects caused by the customer. This is particularly the case in the event of improper handling or use.
A shortened limitation period of one year shall not apply to claims for damages by the customer based on injury to life, body or health, or to other damages based on a grossly negligent breach of duty by Landania or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Landania. Furthermore, a shortened limitation period of one year shall not apply to claims for damages based on the negligent or intentional breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
If delivered items / called-off products show obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
Insofar as a manufacturer’s warranty exists, the customer shall assert the claims arising therefrom directly against the manufacturer. Landania’s liability under the warranty is excluded.
XIII. Exclusion of liability
Claims for damages by the customer against Landania shall be excluded unless Landania or its vicarious agents have acted with intent or gross negligence.
In particular, Landania assumes no liability for the retrieved content. And in this regard also gives no promises and / or guarantees.
This shall not affect liability for damages arising from injury to life, limb and health, for negligent or intentional breach of material contractual obligations or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage. Material contractual obligations are obligations the fulfillment of which is essential to the proper performance of the contract and compliance with which the customer may regularly rely on.
XIV. Force Majeure
Landania shall not be liable for impossibility, delays or deficiencies in performance insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. server, Internet failure, operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in procuring necessary official permits, official measures, terrorism, natural events, insurrection, revolution, civil war, etc.) for which Landania is not responsible.
If such events make it substantially more difficult or impossible for Landania to perform and if the impediment is not only of temporary duration, Landania shall be entitled, at its option, to terminate the contract without notice or to withdraw from the contract.
In the event of hindrances of temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot reasonably be expected to accept the performance as a result of the delay, the customer may terminate the contract by giving immediate notice in text form to Landania. As a rule, unreasonableness shall be deemed to exist if the hindrance lasts for a continuous period of more than 90 days.
Right of set-off, right of retention
The customer shall not be entitled to set off any claims against claims of Landania unless the customer’s counterclaims have been legally established or are undisputed.
The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
XVI. data protection
Landania has copyrights to all products, images, films, texts, etc. published on their websites. The customer only receives a non-exclusive, non-transferable license for his own use of the products. Any further use of the products, images, videos, films, texts, etc. is not permitted without the express written consent of Landania.
XIX Applicable law
For customers with domicile / habitual residence in Germany, the laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of conflict of law provisions. For customers with domicile / habitual residence in Austria, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of reference norms.
Place of jurisdiction
In the event of disputes arising from contracts concluded under the validity of these GTC, either the Austrian courts or the courts of the place where the customer has his domicile/habitual residence shall have jurisdiction for actions brought by the customer. German courts shall have jurisdiction for actions brought by Landania against German customers. After the dispute has arisen, the parties shall be free to agree on a place of jurisdiction in Austria or Germany.
XXI. Amendment of the General Terms and Conditions / Reservation of Right of Amendment
Landania shall be entitled to unilaterally amend these General Terms and Conditions of Business to the extent that this is necessary to eliminate equivalence disruptions that arise subsequently or to adapt to changes in the legal or technical framework conditions. Landania will inform the customer of an amendment by notifying the customer of the content of the amended provisions to the customer’s last known e-mail address / or will do so via the website. The amendment shall become an integral part of the contract if the customer does not object in writing to Landania’s inclusion in the contractual relationship within six weeks after receipt of the notification of amendment.
XXII. Information on dispute resolution
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Landania does not participate in this platform.
XXIII. severability clause
If any provision of these GTC should be invalid, the validity of the remaining provisions shall not be affected.