General Terms and Conditions of Use/
Consumer Information for www.tabletennismanager.com
§ 1 Basic Provisions
(1) The following terms and conditions of use apply to the use of the offers on the website www.tabletennismanager.com between Wolfgang Scheidle, Von-Stein-Weg 8, D-86874 Tussenhausen, and the users of the website, and are expressly acknowledged by registering with the site operator or claiming the services provided.
In addition, the respective game rules and play instructions of the online browser game Table Tennis Manager, which can be viewed on the website of the site operator, apply.
(2) Within the definition of the following regulations, a consumer is any natural person who enters into a legal transaction for a purpose which cannot be attributed to their commercial or self-employment activities. An entrepreneur is a natural or legal person or a legal person who is exercising his professional commercial or self-employment activities at the time of the conclusion of the contract.
(3) The contract language is German. The contract will be stored by the provider. The storage period is, however, only limited in time, wherefore the customer himself has to ensure the he/ she either stores the contract or prints a copy.
§ 2 Subject Matter of Use
The site operator maintains an online browser game, which can be played free of charge by registered users (hereafter referred to as users) via this website. The creation of a premium account as well as the purchase of game currency are subject to a fee.
§ 3 Registering as a User
Use of the online browser game requires registration as a user. This is free of charge and does not imply any obligations whatsoever. Within the scope of the registration, a user account is set up under the user name and password chosen by the user. Once the registration has been submitted, the user will be sent an e-mail containing a link to activate his or her account. The user account is not transferable.
If desired, the transmitted data and the user account will be deleted by the site operator without delay.
§ 4 Terms of Use
(1) The content and process as well as the other prerequisites for participation are published on the website of the website operator.
(2) The site operator reserves the right to change the content and rules of the online browser game at any time, to partially or completely discontinue the game, or to exclude individual users. The user is not entitled to participate in the free game.
(3) Multiple accounts prohibited! Operating multiple accounts from the same PC without prior authorisation is not prohibited. Should this be necessary, however, authorisation can be obtained from contact (at) tischtennis-manager.com. Logging in with multiple accounts from the same computer will automatically lock all accounts that do not have permission.
Without prior permission from the administrators, passing an account on to another player is not permitted. Such accounts are excluded from the game.
In particular, selling an account is forbidden.
(4) Name rights may not be violated! It is not permitted to use club names, club logos, and players names from the first and second table tennis league or clubs and players that are known around the world. This also applies in the event that only the last name of a player matches and the first name is different. Furthermore, modified surnames of the aforementioned players are not permitted, as long as it is clear which real-life player this name refers to. In case of any violations, the user is excluded from the game. If the failure to adhere to these rules results in costs to the operator of Table Tennis Manager, the owner of the account has to cover these costs!
(5) Disabling / Deletion of User Accounts: The disabling or deletion of a user account is particularly justified in case
- of insults, threats, racist actions, and slander by the user
- the user uses more than one account
- the user shares his account with another user
- the user gains an unfair advantage through secret agreements
- the user accesses Table Tennis Manager on a automated basis (via so-called bots, for example)
- the user violates the law or the rights of third parties
- the user knowingly uses a system error known or unknown to the operator to his advantage
- the user provided incorrect data when signing up
§ 5 Conclusion of Contract /Payment
(1) The premium accounts and offers for the purchase of game currency constitute a binding offer for the conclusion of a contract according to the conditions listed on the page „Premium“.
(2) Clicking on one of the run durations on the „Premium“ page or on the game currency packages does not yet result in a binding contract. Instead, the user has the possibility to correct his inputs and to correct or cancel the purchase via the Internet browsers „Back" button. Only with the selection of one of the offered payment methods and payment, this option is no longer available. Once the payment process has been completed, the user accepts the offer from the site operator and the contract is subject to the receipt of the payment to the account of the site operator.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email.
The user must therefore ensure that the e-mail address he has provided the provider with is correct, the reception of e-mails is technically possible, and is not prevented by SPAM filters in particular.
(4) The premium account or the game currency will be released within 2 days after the conclusion of contract (in case of advance payments, only after the receipt of the full purchase price).
§ 6 Term of the Contract/ Termination of Premium Accounts
(1) The premium account agreement between the provider and the user shall have the agreed maturity, unless otherwise agreed upon between the parties.
(2) The right to terminate without notice for good cause remains unaffected. The user is obligated to pay damages in case of an extraordinary termination by the site operator.
(3) When the account is deleted, the remaining game currency balance as well as existing premium services are lost. A claim for reimbursement is not possible in this case.
§ 7 Prices, Payment Terms
(1) The prices quoted in the respective offers are final prices. They include all price components, including all applicable taxes.
(2) The user is entitled to the payment options specified in the specific offer. Invoices submitted by the operator are payable immediately.
(3) The VAT is shown separately in the invoices submitted by the site operator.
§ 8 Liability
(1) The website operator shall be liable for damages resulting from a breach of life or health as long as he maliciously conceals a defect or has given a guarantee for the condition of the purchased item in all cases of intent and gross negligence, in the case of damages under the Product Liability Act, or as far as otherwise mandatory by law.
(2) Insofar as essential contract obligations are affected, whose infringement is putting the achievement of the purpose of the contract at risk, the liability of the site operator is limited to contractual, foreseeable damages in the case of slight negligence.
(3) In the case of infringement of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the present state of the art, data communication via the Internet cannot be guaranteed without errors and/ or at any time. The site operator is neither liable for the continuous nor uninterrupted availability of the website and the services offered.
§ 9 Place of Jurisdiction, Court of Jurisdiction
(1) German law applies under the exclusion of UN purchase law. In the case of consumers, this choice is valid only insofar as the protection afforded by mandatory provisions of the law of the state of the habitual residence of the consumer does not become void (principle of validity).
(2) The place of fulfilment for all services arising from the business relations with the site operator as well as the court of jurisdiction is the seat of the site operator insofar as the user is not a consumer, but a merchant, a legal person of the public law or public special law.
The same applies if the user does not have a general court of jurisdiction in Germany or the EU, or if the place of residence or the customary residence is not known at the time the action is brought. The power to bring the court to another legal court also remains unaffected.
§ 10 Change of Terms and Conditions
The site operator reserves the right to change these terms and conditions at any time without giving any reasons. The terms and conditions will be sent to the user by e-mail no later than two weeks before their entry into force. If the recipient does not object to the validity of the new terms and conditions within two weeks after the receipt of the e-mail, the amended GTC shall be deemed accepted. The site operator will indicate the importance of this two-week period in the e-mail containing the amended terms and conditions.
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for a purpose which cannot be attributed to either their commercial or self-employed activities)
Revocation Instructions
Right of Withdrawal
You have the right to revoke this agreement within fourteen days without giving any reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform Wolfgang Scheidle, Von-Stein-Weg 8, D-86874 Tussenhausen, contact@tabletennismanager.com, phone: +49 (0) 8268 904 995, about your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by mail or an e-mail). You may use the enclosed sample revocation form, although this is not required. In order to comply with the revocation period, it is sufficient that you send the notice of revocation before the expiry of the revocation period.
Consequences of Revocation
If you revoke this agreement, we will reimburse you for all payments we have received from you, including the cost of delivery (excluding the additional costs resulting from the fact that you have chosen a different type of delivery than the one offered by us, the cheapest standard delivery option) without delay and within a period of fourteen days from the date on which the notice of revocation of this contract was received by us at the latest. For such repayments, we use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise; in no case will you be charged any fees for such repayments.
If you have requested that the valuation be commenced during the period of revocation, you shall pay us an appropriate amount equal to the proportion of the time until you informed us of your exercise of the right of revocation with respect to this agreement and compared to the total scope of the services provided for in the contract.