KING Art GmbH Terms and Conditions for Online Sales
1.1. These terms and conditions shall apply to all orders by customers in the online store of KING Art GmbH, Tiefer 5, 28195 Bremen, Germany (in the following called “KING Art“). They provide for the conclusion of the contract between KING Art and a customer, the implementation of concluded contracts and the mutual rights and duties.
1.2. The legal aspects of the business relation KING Art and the customer shall be determined solely by the following terms and conditions in the version applicable at the time the order is placed.
2. Provider and Contractual Partner
The online store is provided by, and the contractual partner of the customer is:
KING Art GmbH
Kleine Waagestraße 1
tel. +49 (0) 421 322 76 0
fax +49 (0) 421 322 76 20
Directors (Geschäftsführer): Marc König, Jan Theysen
Place of business: Bremen, Germany
Company register: Amtsgericht Bremen
Registration number: HRB 24793
VAT identification number: DE 25 96 188 65
3. Conclusion of Contract, Language, Saving the Text of the Agreement
3.1. Conclusion of Contract when Orders are placed in the Online Store
3.1.1. The presentation of the goods in the online store as such shall not constitute a binding offer by us to the customer but is intended merely as an invitation to treat (invitation to bargain), similar to a non-binding display in a catalogue.
3.1.2. In submitting the order by clicking on the „Buy now“ button („Jetzt kaufen“) the customer is submitting a binding offer to KING Art for the conclusion of a contract to purchase the goods in the order, subject to the terms and conditions communicated with the order.
3.1.3. After receiving the order KING Art will send an email to the customer in which the receipt of the order by KING Art is confirmed and the details are listed (confirmation of the order and contract).
3.1.4. In case physical goods are purchased, KING Art‘s acceptance of the customer’s offer is declared by sending the confirmation of the order and contract to the customer. In case digital content is purchased (for example games to be downloaded), KING Art‘s acceptance of the customer’s offer is declared by providing the download link on the online store website to the customer for the first time or by sending the confirmation of the order and contract to the customer, whichever is earlier.
3.2. Contract Language and Saving the Text of the Agreement
3.2.1. The contract may be concluded in German or in English.
3.2.2. The text of the agreement with a customer (the order) is stored by us. This stored text as such is not accessible to the customer. However, the customer may archive the text of his order pursuant to the following provisions.
3.2.3. The customer may view these terms and conditions in the online store at any time in the then current version. Outdated versions are not held available, however. Users may download and print this document, using the appropriate functions of their browser (typically “print file”, “save as” or similar).
3.2.4. In addition, the customer may archive the data of his order by waiting for the confirmation of the order and contract which we will send to him, after the conclusion of the order, by email to the email address he has designated. This email will contain the data of the customer’s order and these terms and conditions and can be printed out or stored by the customer’s email program. If the customer has a customer account he may also view his orders there as long as the account is active.
4. Prices and Payment Terms
4.1. All prices given in our online store are inclusive of the statutory value added tax. All prices are ex store including packaging and in addition to the agreed costs of shipment, insofar as the product is shipped instead of being provided by download.
4.2. The customer may pay for his order by credit card or through Paypal. The payment procedure takes place following the clicking of the „Buy now“ button („Jetzt kaufen“).
4.2.1. Paying with credit card: When paying with a credit card please enter your credit card data in the course oft he ordering procedure. Please note that your credit card account will be charged right after you have placed the order.
4.2.2. Paying through Paypal: To pay through Paypal you need to have a Paypal user account. In the course of the ordering procedure in our online store a modal window or pop-up from Paypal will open automatically. In this, you will be asked to login with your data in order to confirm the payment. In case you do not already have a Paypal user account you may register on https://www.paypal.de.
5. Delivery of Physical Goods and Providing of Digital Content
5.1. The delivery of the ordered goods shall take place ex store to the shipping address designated by the customer.
5.2. Unless the product description on the website states otherwise, digital content (for example games to download) shall be provided by us by providing a download link to the customer on our website directly after the successful completion of the payment procedure. In addition, the download link shall at the same time be sent by email to the email address designated by the customer. In case of a gift purchase the download link will only be sent to the email address designated by the customer as the gift recipient’s email address. For technical reasons, the download link will be valid only for 30 minutes after the email is sent. If the customer has set up a customer account the digital content he has purchased will also be provided to him for download there, unless they have been purchased as a gift for a third party. In case the customer (or the recipient of the gift) does not manage to start the download in time, and does not yet have a customer account with KING Art, he may set up a customer account by using the same email address which has been used in the purchase and access his downloads through this customer account.
6. Customer Account
6.1. Customers may set up a customer account on the website kingart-games.com. Through this customer account, for example, digital content purchased by the customer may be provided to him for download.
6.2. The customer may not give the login data for his customer account to third parties. If the customer suspects or becomes aware that the login data has become known to a third party he must change his login data without delay. A customer must also inform KING Art without delay when he becomes aware of indications of a third party misusing the customer‘s customer account.
7. Warranty (“Gewährleistung“)
The customer shall have the applicable statutory warranty claims.
8.1. KING Art shall be liable according to statutory law for damages suffered by the customer that were caused by intentional or grossly negligent behavior on the part of KING Art or its vicarious agents (“Erfüllungsgehilfen”); and for personal injury; and for damages under the German Product Liability Act (“Produkthaftungsgesetz”).
8.2. In all other cases, KING Art's liability for damages – regardless of the legal grounds on which a claim is based – shall be limited as set out below unless KING Art has accepted a guarantee which states otherwise:
Insofar as KING Art is liable for slight negligence, KING Art's liability shall be limited to the typically foreseeable damage.
8.3. The above provisions shall apply to a limitation of the obligation to indemnify the customer for futile expenses (section 284 German Civil Code).
8.4. The above limitations of liability shall also apply in favour of KING Art's vicarious agents as well.
9. Governing Law and Place of Venue
9.1. This agreement is subject to the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), even if the customer has his place of residence or his place of business abroad. In relation to consumers, this choice of law shall only apply insofar as it does not deprive the consumer of such legal protections which are conferred upon him by mandatory statutory provisions, i.e. such provisions which cannot be waived by agreement, of the country where he has his habitual abode. A customer is deemed a consumer if the relevant legal transaction (for example to ordering of the goods in the shopping cart) is made for a purpose which cannot be considered to be predominantly within his trade, business or professional activities.
9.2. If the customer is a merchant (“Kaufmann” in the terms of the German Commercial Code HGB), a public law legal entity or a special public law fund, the exclusive venue for all current and future claims directly or indirectly arising out of or in connection with the contractual relationship between the parties shall be at KING Art’s principal place of business. The same venue shall apply if the customer does not have a domestic general venue in Germany, or if he has moved his residence or usual place of abode to another country after conclusion of the contract, or his residence or general abode is unknown at the time the law suit is filed.
This venue shall not apply, however, if the customer is a consumer and has his residence or habitual abode in an EU member country. In such case the claim must be brought before the competent court in such country.