General Terms and Conditions (GTC) of Goodgames AG

Version: 19 January 2025
Goodgames AG, Bern

1. Scope

These General Terms and Conditions (GTC) apply to all offers, sales, deliveries and services provided by Goodgames AG, regardless of whether they are made through the online shop, by e-mail or in-store.

Any terms and conditions of the customer that differ from these GTC shall only apply if expressly accepted by Goodgames AG in writing.

The processing of personal data is governed by the separate Privacy Policy of Goodgames AG.

2. Registration / Customer Account

Each natural person is entitled to maintain only one customer account.

Customers are required to provide complete, current and accurate information during registration and to update such information without delay if it changes.

Goodgames AG reserves the right to merge, suspend or delete multiple registrations and to temporarily or permanently restrict or block customer accounts in cases of suspected abuse or violation of these GTC.

3. Offers, Prices and Conclusion of Contract

The presentation of products, prices, availability and delivery times in the online shop, in-store, in newsletters, on social media or in other sales materials does not constitute a legally binding offer, but merely a non-binding invitation to place an order.

By submitting an order, the customer makes a binding offer to enter into a purchase contract. An automatically generated order confirmation only confirms receipt of the order and does not constitute acceptance of the customer’s offer.

A purchase contract is only concluded once Goodgames AG expressly accepts the offer, dispatches the goods, confirms collection, issues a payment request after final review, or hands over the goods in-store.

Goodgames AG is entitled to reject orders in whole or in part without stating reasons, in particular in cases of:

• unavailable or incorrect stock information,

• obvious pricing, assortment or inventory errors,

• suspected abuse,

• previous outstanding payments by the customer,

• unusual order quantities,

• market-related or procurement-related price fluctuations for unpaid pre-orders.

For unpaid pre-orders, Goodgames AG reserves the right to adjust the originally stated pre-order price on or after the official release date to the current selling price applied by Goodgames AG at that time, in particular for high-demand, limited or speculation-sensitive products. The price determined by Goodgames AG at the time of contract acceptance or payment request shall be decisive.

The customer will be informed of any adjusted price before contract acceptance or before being asked to make payment. If payment of the adjusted price is not made within the specified period, no purchase contract shall be concluded and/or the pre-order may be cancelled by Goodgames AG.

Goodgames AG is under no obligation to reduce the originally stated pre-order price if market prices, procurement prices or selling prices decrease. However, Goodgames AG may, at its sole discretion, voluntarily offer a lower price to the customer.

Any payments already made will be refunded if no contract is concluded or if the order is cancelled. Any further claims by the customer are excluded to the extent permitted by law.

4. Delivery

Deliveries are generally made to the delivery address specified by the customer. Unless otherwise agreed, shipments are mainly sent via Swiss Post or another shipping provider selected by Goodgames AG.

Any delivery periods or delivery dates stated are non-binding estimates unless explicitly confirmed in writing as binding.

If an item is not in stock or procurement is delayed, delivery may be delayed accordingly. Goodgames AG is entitled to make partial deliveries where reasonable for the customer.

Benefits and risk pass to the customer upon handover of the goods to the transport company, to the extent permitted by law. Goodgames AG shall not be liable for delays, damage or loss caused by the transport company unless caused by Goodgames AG’s own fault.

Visible transport damage must be reported by the customer immediately upon receipt of the shipment to both the transport provider and Goodgames AG.

5. Payment Terms

The prices and payment methods indicated during the relevant sales process shall apply.

Unless otherwise agreed, the invoice amount is payable within 7 days from the conclusion of the contract. For pre-sale or pre-order items, the payment period shall begin no earlier than the official release date of the relevant item, unless an earlier or different payment arrangement is specified during the ordering process or in the payment request.

For unpaid pre-orders, Goodgames AG may request payment from the customer on or after the release date based on the current price applicable under Section 3. If payment is not made on time, Goodgames AG is entitled to cancel the pre-order without further notice.

If the customer fails to pay the amount due on time, Goodgames AG is entitled to terminate the contract in whole or in part without further notice and sell the goods elsewhere.

Goodgames AG reserves the right to charge a reasonable administrative fee for expenses incurred as a result of late payment, non-acceptance or failure to collect goods.

The goods remain the property of Goodgames AG until full payment has been received.

6. Defects / Liability

The customer must inspect the delivered goods immediately upon receipt and notify Goodgames AG in text form without delay, and no later than within 5 calendar days of receipt, of any obvious defects, incorrect deliveries or incomplete deliveries. Hidden defects must be reported immediately after discovery.

In the event of defects reported in due time, Goodgames AG shall decide at its own discretion whether to provide repair, replacement, a price reduction or cancellation of the transaction, to the extent permitted by law.

For used goods, the warranty period may be reduced to 1 year from delivery, provided that the item was expressly sold as used.

Any liability of Goodgames AG for slight negligence, indirect damage, consequential damage, loss of profit and damage resulting from delivery delays is excluded to the extent permitted by law.

Liability for intentional misconduct or gross negligence on the part of Goodgames AG, as well as for mandatory statutory claims, remains reserved.

7. Voluntary Right of Withdrawal

Under Swiss law, there is no general statutory right of withdrawal or cancellation for online purchases.

Notwithstanding the above, Goodgames AG grants customers a voluntary right to withdraw from the purchase contract in text form within 14 days of receipt of the goods or collection in-store.

Dispatch of the withdrawal notice within the applicable period shall be sufficient to meet the deadline.

The voluntary right of withdrawal does not apply in particular to:

• single cards,

• opened, unsealed or no longer originally packaged products,

• used or damaged items,

• items specially procured for the customer,

• pre-orders and pre-sale items after procurement, reservation or allocation,

• gift vouchers,

• digital content or services once performance has begun.

Goodgames AG reserves the right to reject withdrawal requests outside the voluntary withdrawal policy or to charge a reasonable administrative fee in such cases.

8. Return Conditions

Returns will only be accepted if the goods are:

• in their original packaging,

• unused,

• complete,

• clean,

• undamaged, and

• returned together with the receipt or order details.

The goods must be returned to Goodgames AG either by post or in-store.

Returns are made at the customer’s cost and risk unless the return is due to an error attributable to Goodgames AG.

Any refund will only be processed after receipt and inspection of the returned goods. Shipping costs will not be refunded unless the return is due to a defect or incorrect delivery for which Goodgames AG is responsible.

If the value of the goods has been reduced due to improper handling, damaged packaging, missing accessories or missing components, Goodgames AG may deduct an appropriate amount from the refund or refuse the return.

9. Cancellations and Failure to Collect

Cancellations of orders are only possible with the consent of Goodgames AG.

If an order has already been processed, picked, prepared for shipment, specially procured, allocated to a customer or dispatched, Goodgames AG may charge a cancellation fee of 5% of the order value.

For pre-orders and specially procured items, cancellation may be excluded once procurement, reservation or allocation has taken place.

If goods made available for collection are not collected within 14 days from notification that they are ready, Goodgames AG is entitled to cancel the order or reservation without further reminder.

Any payments already made for uncollected goods will be refunded after cancellation. However, Goodgames AG is entitled to deduct a reasonable administrative fee as well as any special expenses or costs already incurred, to the extent permitted by law.

For unpaid goods that are not collected, any claim to reservation or handover of the goods shall lapse after expiry of the collection period. Goodgames AG is entitled to sell the goods elsewhere.

For goods that have already been shipped, the customer also bears the cost of return shipping. Any refund will only be made after receipt and inspection of the returned goods in accordance with these GTC.

10. Governing Law and Jurisdiction

These GTC and all contracts concluded under them shall be governed exclusively by substantive Swiss law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

To the extent permitted by law, the exclusive place of jurisdiction shall be Bern.

Mandatory statutory places of jurisdiction for consumers remain reserved.

The parties shall endeavour to settle disputes amicably wherever possible before initiating formal legal proceedings.