- Scope
- These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Klooz, Dominik Michael; Klooz, Marc-Philip GbR (see 1.2, hereinafter "we" or "Escapeverse") and our customers (see 1.3) via our online shop (www.escapeverse.net). In addition to the provisions of these GTC, the statutory provisions apply.
- User of these GTC is:
Klooz, Dominik Michael; Klooz, Marc-Philip GbR (Escapeverse)
Gartenstr. 60
76135 Karlsruhe
Germany
Phone number: +49 (0) 711 96896574
Email address: info@escapeverse.de - Customers are natural persons who are either participants in one of our online escape games or, regardless of participation, purchase such a game.
- Deviating, conflicting or supplementary GTC of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
- In some of our games Google Maps APIs are used. For these games, the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps.html) and the Google Privacy Policy (https://policies.google.com/privacy) automatically apply.
- Conclusion of a contract, storage of the contract text
- In order to enter into a contract with Escapeverse, the customer must have reached the minimum age of 13 years. The customer assures this by agreeing to these GTC.
- The contract is concluded by the customer completing the order process on our website (http://www.escapeverse.de) and purchasing one or more access codes to one of our games.
- The order process to purchase access codes is carried out in the following steps:
- Selecting the game and starting the ordering process by clicking on the "Buy Now" button of the desired game.
- Entering the desired number of access codes (only one code per group necessary!), the email address and accepting the GTC and the privacy policy. Confirming the entries by clicking on the button "To the payment options".
- Checking the information provided in the order overview and, if necessary, correcting any incorrect information using the "Correct information" button. Then selecting the desired payment method (see under 3.).
- Entering the data required to make the payment in the pop-up of the payment service provider and binding submission by pressing the "Pay now" button (depending on the selection of the payment method, possibly also "Buy now" or "Continue").
- By ordering an access code by clicking on the "Pay now" button at the end of the ordering process, a customer submits a binding offer to conclude a purchase contract. The contract is not concluded until we send an order confirmation by email.
- Access codes are redeemable for one year after purchase and entitle any number of teammates to play once. An access code expires one hour after the first player has completed a game. All players already participating can still complete the game, but no new access will be granted.
- Storage of the contract text for orders via our website: If an invoice is requested during the ordering process, we send the customer the order data by email. The order data is no longer accessible via the Internet for security reasons.
- Payment, due date
- The stated prices do not include VAT, as we make use of the small business regulation (“Kleinunternehmerregelung“) according to §19 UStG (German VAT Act). Payment of the total invoice amount is due immediately.
- The payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg (hereinafter "PayPal") and is subject to the PayPal Terms of Use (available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) if a PayPal account is used, otherwise the provisions for payments without a PayPal account apply (available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). The following payment methods are available, whereby PayPal can also use the services of third party payment service providers: PayPal, SEPA direct debit, giropay, instant bank transfer, debit/credit card. Depending on the invoice amount, the technical availability of a payment method and country from which the payment is made, the selection of payment methods offered may vary.
- Discount codes
- Discount codes that have a maximum number of redemptions and/or a redemption period can only be redeemed as long as the number of redemptions has not been exceeded and/or the redemption period has not expired. If a discount code does not have a maximum number of redemptions or a redemption period, the discount code can be redeemed only once. Likewise, if the redemption is limited to certain games, the discount code can only be redeemed for those games.
- Discount codes can only be used to pay for our games. A claim for cash payment of discount codes against Escapeverse is excluded. If the discount amount is greater than the invoice amount, the remaining amount is forfeited and there is no right to cash payment.
- A maximum of one discount code can be redeemed per purchase. The discount code must be redeemed before completing the purchase process. Discount codes cannot be redeemed retroactively after the purchase process is completed.
- If a discount code has an associated minimum order value, this value must be met or exceeded for the code to be redeemable.
- Redeeming a discount code is done in the following steps:
- Open the discount code entry box by clicking the "Redeem Discount Code" button in the order form (see step 2 under 2.3).
- Enter the discount code in the "Code" input field and confirm by clicking the "Redeem" button.
- Right of withdrawal
Since the services offered by us are services in connection with leisure activities, there is no right of withdrawal according to § 312g para. 2 no. 9 BGB (German Civil Code).
- Cancellations or changes on the part of Escapeverse
We reserve the right to change or cancel an already completed booking if there are errors in the booking system or there are other objectively justified reasons. In the event of a change or cancellation, we will inform the customer immediately and fully refund any payments already made in the event of cancellation. In case of significant changes, there is a possibility to step back from the booking, in which case we will also fully refund payments already made. For cancellations or changes due to force majeure, we assume no liability.
- Liability of Escapeverse
- Any claims for damages on the part of our customers are excluded, unless the damage is caused by gross negligence or intent on the part of Escapeverse. Escapeverse assumes no liability for damages caused by third parties. Excluded from this are damages caused by gross negligence or intent on the part of Escapeverse, our legal representatives or a vicarious agent. Damages resulting from injury to life, body or health remain unaffected by any exclusion of liability.
- In case of slight negligence, Escapeverse is only liable if an obligation is breached, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which endangers the compliance with the purpose of the contract and the compliance with which our customers may regularly rely on (Cardinal Obligations). In the event of a breach of a Cardinal Obligation, Escapeverse's liability is limited to the foreseeable damage typical for the contract. The exclusion of liability does not apply to claims under the German Product Liability Act or other mandatory statutory provisions.
- The statutory liability for defects shall apply and claims arising therefrom shall remain unaffected by the above restrictions.
- These liability regulations do not cover claims under data protection law.
- Changes to the GTC
- Escapeverse reserves the right to make factually justified adjustments to these GTC at any time if
- adaptations to the applicable law are necessary, in particular in the event of changes in the legal situation or changes in case law, as well as in order to comply with official or court decisions
- adjustments are necessary for the further development of existing services or the offer of new services, which do not entail any disadvantages for the existing contractual relationship
- adjustments are necessary due to procedural or technical changes, provided that this does not have a negative impact on customers
- changes in our economic circumstances or in market conditions, make adjustments necessary.
- Changes to our GTC will be announced 30 days in advance on our website and announced by email for binding bookings already made. Within the period of 30 days there is the possibility to object to this change in writing (by email or via the contact form under https://www.escapeverse.de/en/contact). If we do not receive a written objection within the aforementioned period and our services continue to be used, the amended contractual terms shall become effective and shall be incorporated into the existing contractual relationship. We shall point out the right of objection and the intended significance of silence separately at the beginning of the period.
- Escapeverse reserves the right to make factually justified adjustments to these GTC at any time if
- Contract language
German and English are available as the contract language.
- Final clause
German law shall apply to the exclusion of the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods.