GENERAL TERMS AND CONDITIONS
Scope and Applicable Law
To contracts on the delivery of goods, which are concluded with us, exclusively the following general terms and conditions shall apply. Different terms and conditions by our customers will not be recognised unless we have explicitly agreed to such terms and conditions.
Individual agreements made on an a case by case basis take priority over the present general terms and conditions.
Moreover, the law of the Italian Republic shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Conclusion of Contract
The representations and descriptions of products on our websites do not contain any offers for conclusion of a purchase contract. These are non-binding invitations to place an order.
You can select goods from our range of products and collect them via the "Buy Now" button in a so-called "shopping basket". By clicking on the "Confirm order" button, you make a binding offer for purchase of the goods in the shopping basket. Prior to sending the purchase order, you can have access to your data and modify them at any time. The purchase order, however, can only be transmitted, when you have accepted the present general terms and conditions as part of your offer by clicking on the "Accept General Terms and Conditions" button. The purchase order text will be stored with us and can be retrieved and printed out within your customer account after completion of the order process. Your order data are also included in the order confirmation sent by e-mail immediately after having placed the order. The contract is concluded by confirmation of your order by us. The order confirmation contains in particular your order data as well as a request for payment of the invoice amount.
Availability of Goods
If the product selected is not available, we will inform you immediately after receipt of your purchase order. In that case we are allowed to withdraw from contract, if we have already confirmed your order. Payments already made will be reimbursed immediately.
Prices and Shipping Costs
The prices specified on our websites include applicable, statutory V.A.T. For deliveries to countries outside the European Union, however, we do not charge any V.A.T. The shipping charges occurred will be charged separately for each order process and specified within the order process prior to ordering. They include the costs for shipping and packaging. In the case of deliveries to countries outside the European Union, you will bear moreover all additional costs incurred in connection with border crossing (e.g. customs duties, fees etc.), and have to pay these yourself at the competent authority.
In the case of withdrawal, you will bear the regular costs of the return shipment, if the product delivered corresponds to the product ordered. Otherwise, we will bear the costs of return shipment.
The costs for return shipment from countries outside the European Union, however, will in no case be reimbursed.
Payment of the goods occurs by transfer, credit cards or PayPal. We reserve the right to exclude certain payment methods in individual cases or permit other payment methods.
Shipment of the goods occurs not later than on the second working day (Monday to Friday) after receipt of the entire invoice amount by mail, DHL, UPS, etc.
Retention of Title
The goods delivered remain our property until full payment.
The statutory guarantee provisions shall apply. A guarantee, in particular a guarantee of quality or durability, only exists, if it has been given by us explicitly concerning the respective product in the order confirmation.
Limitation of Liability (LOL)
Unless otherwise specified in the present general terms and conditions including the subsequent provisions, we are liable for damages in accordance with statutory provisions.
We are liable for damages - irrespective of legal grounds - in the case of intent and gross negligence.
In the case of simple negligence we shall be liable only for damages from injury to life, body or health;
for damages from breach of a material contractual obligation (material obligations are those the fulfilment of which is required for achieving the objective of the contract); in that case, however, our liability is limited to compensation of the foreseeable, typically occurring damage. Limitations of liability according to above subsection “Availability Of The Goods” do not apply, if we have fraudulently concealed a defect, have undertaken a procurement risk or a guarantee for the quality of the product. Moreover, claims in accordance with the Product Liability Act remain unaffected.
Right of Withdrawal
Consumers, according to the Italian Civil Code, have the right to withdraw their contractual declaration in accordance with the statutory provisions. In case of a valid withdrawal, the consumer has to bear the direct costs of return shipment. With respect to products, which by their nature are not suitable for return shipment by post, the costs of return shipment are estimated at a maximum of approximately 500 EUR. To exercise the right of withdrawal, the consumer may use the model withdrawal form, which is available on our websites, but it is not obligatory.
Instruction concerning the Right of Withdrawal
Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us,
c/o SWEETGAMES SrL
Via Idiomi, 26
20090 Assago (MILANO – ITALY)
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 500 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Return goods to our warehouse:
c/o SWEETGAMES SrL
Via Idiomi, 26
20090 Assago (MILANO – ITALY)
A right of withdrawal does not exist for distance selling contracts:
- for the delivery of goods, which are manufactured to customer specifications or are clearly tailored to personal requirements, or which, due to their quality, are unsuitable for a return shipment or are easily perishable or whose expiry date would be exceeded,
- for the delivery of audio and video recordings or of software, insofar as the data carriers delivered have been unsealed by the consumer, or
- for the delivery of newspapers, periodicals and magazines
For all mutual claims of the contractual partners, Milano shall be agreed as place of performance and place of jurisdiction, if the contractual partners are merchants, legal entities under public law or fund assets under public law. In that cases, however, we reserve the right to sue them at their place of general jurisdiction. Milano shall also be agreed as place of performance and place of jurisdiction, if you do not have a place of general jurisdiction within the country. If any provision of the present general terms and conditions is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which fulfils the purpose of the invalid provision to the greatest possible extent.
Assago, July 17th 2019