General Terms and Conditions (GTC)
Straßganger Straße 291
E-Mail: [email protected]
- General, scope of application of the General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online offer of MineStudio GmbH (hereinafter referred to as “MysteryMod”) at https://www.mysterymod.net between MysteryMod and customers who are consumers and have their domicile / habitual residence in Austria or Germany. The GTC apply in their respective current version at the time of the order by the customer.
MysteryMod as a service provider is not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. MysteryMod reserves the right to exclude the customer from the game at any time and without giving reasons and does not guarantee the constant availability of the service.
- Acknowledgement of the GTC, legal capacity
The customer acknowledges these GTC and agrees to them as soon as he/she places an order / retrieves an order. With the purchase, the customer expressly assures that he/she is of age or of legal capacity or, in the case of minors, that his/her parents or legal representatives have given their consent.
III. Defence clause
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these GTC is rejected unless these are expressly accepted in writing by MysteryMod.
- Service description
MysteryMod’s main service is to provide the Customer with digital products such as ranks, upgrades or treasure chests (“Products”) electronically. These products are available to the customer after payment. The nature of the Products and their prices are conclusively determined by the information on the website or the order documents. MysteryMod is not responsible for ensuring that these products meet the Customer’s expectations. MysteryMod is entitled to change the products at any time if a change is necessary and these changes do not lead to a more than insignificant negative deviation from the quality agreed upon at the conclusion of the contract.
MysteryMod is obliged to keep the products available and accessible to the customer for use via the Internet almost around the clock. However, MysteryMod cannot guarantee that the products will be accessible at all times and MysteryMod is not liable for system failures or other technical defects.
The prerequisite for the use of the products by the customer is compliance with common technical system requirements. The customer is prohibited from using the products in a manner that endangers the security or performance of the MysteryMod infrastructure.
The customer has no right to maintain the server in the version existing at the time of the conclusion of the contract. MysteryMod reserves the right to discontinue operation at any time without giving reasons.
The selected product is assigned to the player name entered at the time of purchase. The purchase entitles the customer to set up / execute the desired service (product) on the MysteryMod.net server, usually within 48 hours of ordering.
- Conclusion of contract
- Internet presence of MysteryMod on the website https://MysteryMod.net
The product or service presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to make an offer himself. The offer in the legal sense is made by the customer by placing the order.
- Order process
By entering the order data, the customer selects the products he wants. By clicking on the “continue” button, the ordering process is then continued. The customer then selects the desired payment method and enters the data required for the execution of the payment. When choosing external payment services such as PayPal, the customer may be redirected to the external website of the respective payment service provider, which will also transmit an order confirmation. Before the order is placed, the data relevant to the order is summarised in an “order summary”. The customer is free to check his details in the order overview once again and correct them if necessary before sending his order to MysteryMod by clicking on the button “order subject to payment”. By clicking on the button “order with obligation to pay”, the customer makes a binding offer to purchase the goods or services selected by him.
- Acceptance of the purchase offer
The order confirmation does not constitute acceptance of the customer’s purchase offer by MysteryMod. The acceptance of the offer by MysteryMod takes place expressly through the activation / provision of the ordered products. If MysteryMod rejects the conclusion of the contract, this will be communicated to the customer.
- Storage of the contract text
The text of the contract, i.e. the information provided by the customer regarding the order process, is stored by MysteryMod and can be viewed by the customer under the link “My Account” > “My Orders”. Independently of this, MysteryMod sends the order confirmation described in V.3. and these GTC to the e-mail address provided by the customer.
VII. Cancellation policy
In principle, the customer has the right to revoke a contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has or has taken possession of the goods. The right of withdrawal is extended by 12 months if the customer has not received correct information about the right of withdrawal.
To exercise the right of withdrawal, the customer must send to
Straßganger Straße 291
E-Mail: [email protected]
by means of a clear declaration (for example, a letter or e-mail sent by post) of the decision to revoke this contract.
Sample text for the revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
*Delete as applicable
In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
MysteryMod points out that the right of withdrawal in a contract for the supply of digital products not on a physical medium expires when MysteryMod has begun the execution of the contract after the consumer has
- has expressly consented to the Contractor commencing performance of the contract before the expiry of the withdrawal period, and
- has confirmed his knowledge that by his consent he loses his right of withdrawal at the beginning of the execution of the contract.
Consequences of the revocation
If the Customer cancels this contract, MysteryMod must repay all payments MysteryMod has received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favorable standard delivery offered by MysteryMod), without undue delay and no later than within fourteen days from the day on which MysteryMod receives notification of your cancellation of this contract. For this repayment, MysteryMod will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees because of this repayment. MysteryMod may refuse repayment until MysteryMod has received the goods back or until the Customer has provided proof that the Customer has returned the goods, whichever is earlier.
The Customer must return or hand over the goods to MysteryMod without undue delay and in any case no later than fourteen days from the day on which the Customer notifies MysteryMod of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days. The customer shall bear the direct cost of returning the goods.
The customer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
All prices are total prices; they include the statutory sales tax (VAT).price errors are reserved. If the correct price is higher, the customer will be contacted; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.
- Online login / delivery conditions
Each customer who has received an online login to the provided products may use it exclusively for himself. The online login is only valid for a specific person. Sharing the online login with third parties is not allowed.
MysteryMod does not bear any responsibility in case of delivery obstacles in the area of suppliers or manufacturers. If the delivery or compliance with an agreed delivery time becomes impossible due to circumstances beyond MysteryMod’s control, MysteryMod is entitled to withdraw from the contract in whole or in part. MysteryMod will inform the customer immediately in this regard. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.
- Maturity and retention of title
The purchase price is due at the latest upon delivery of the goods / call-off of the products. The delivered goods remain the property of MysteryMod until full payment.
- Terms of payment
- MysteryMod offers, among other things, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). If you select payment via PayPal, the payment data you enter will be transmitted to PayPal. Customers can find more information about this at www.paypal.com/at/home
- MysteryMod assumes no liability and no warranty for the accuracy of the products and the statements made. Furthermore, there is no guarantee of success or any other kind.
- Unless otherwise specified, the general statutory provisions on liability and warranty apply.
- The warranty is excluded in case of defects caused by the customer. This is particularly the case in the event of improper handling or use.
- A shortened limitation period of one year does not apply to claims for damages by the customer due to injury to life, limb, health and other damages based on a grossly negligent breach of duty by MysteryMod or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of MysteryMod. Furthermore, a shortened limitation period of one year does not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.
- If delivered items / called-off products show obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
- If there is a manufacturer’s warranty, the customer must assert the claims arising from this directly against the manufacturer. MysteryMod’s liability under the warranty is excluded.
- Claims for damages by the customer against MysteryMod are excluded insofar as MysteryMod or its vicarious agents have not acted with intent or gross negligence.
- In particular, MysteryMod assumes no liability for the retrieved content. And also gives no promises and / or guarantees in this regard.
- This shall not affect liability for damages resulting from injury to life, limb and health, for negligent or intentional breach of material contractual obligations or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on.
XIV. Force majeure
MysteryMod is not liable for impossibility, delays or deficiencies in performance, insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. Server, Internet failure, operational disruptions of any kind, difficulties in obtaining materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures, terrorism, natural events, insurrection, revolution, civil war, etc.), for which MysteryMod is not responsible.
Insofar as such events make it significantly more difficult or impossible for MysteryMod to perform and the hindrance is not only of temporary duration, MysteryMod is entitled to terminate the contract without notice or to withdraw from the contract at its discretion.
In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the Customer cannot reasonably be expected to accept the service as a result of the delay, he can terminate the contract by immediate declaration in text form to MysteryMod. As a rule, unreasonableness is deemed to exist if the hindrance lasts for a continuous period of more than 90 days.
- Right of set-off, right of retention
- The customer is not entitled to offset against MysteryMod’s claims unless the customer’s counterclaims are legally established or undisputed.
- The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
MysteryMod has copyrights to all products, images, movies, texts, etc. published on their websites. The customer only receives a non-exclusive, non-transferable license for his own use of the products. Any further use of the products, images, videos, movies, texts, etc. is not allowed without the express written consent of MysteryMod.
XIX. Applicable law
For customers with domicile / habitual residence in Germany, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of reference norms. For customers with domicile / habitual residence in Austria, the law of the Republic of Austria applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of reference norms.
In the event of disputes arising from contracts concluded under the validity of these GTC, the courts of Austria or the courts of the place where the customer is domiciled/usually resides shall have jurisdiction over customer actions. German courts are responsible for lawsuits of MysteryMod against German customers. After the dispute arises, the parties are free to agree on a place of jurisdiction in Austria or Germany.
XXI. Amendment of the General Terms and Conditions / Reservation of Right to Amend
MysteryMod is entitled to unilaterally amend these GTC, insofar as this is necessary for the elimination of subsequent equivalence disruptions or for adaptation to changes in the legal or technical framework. MysteryMod will inform the customer about an amendment by notifying the content of the amended regulations to the last known e-mail address of the customer / or will do this via the website. The change will become part of the contract if the customer does not object in writing to MysteryMod’s inclusion in the contractual relationship within six weeks of receipt of the change notification.
XXII. Information on dispute resolution
The European Commission provides under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage provides a platform for online dispute resolution. MysteryMod does not participate in this platform.
XXIII. Severability clause
If any provision of these GTC should be invalid, the validity of the remaining provisions shall not be affected.