Terms and Conditions

General Terms and Conditions

§ 1 Scope, Definitions
(1) TCC GmbH, Auredder 47, 24783 Osterrönfeld, Germany (hereinafter referred to as "we" or "PokeGeoDude") operates an online store for goods and digital products under the website https://pokegeodude.shop. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as "Customer" or "You") in their version valid at the time of the order, unless otherwise expressly agreed.

(2) "Consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity. "Entrepreneur" refers to a natural or legal person or a partnership with legal capacity, acting in the course of their commercial or self-employed professional activity, with a partnership being a legal entity capable of acquiring rights and incurring obligations.

§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following rules regarding the conclusion of contracts apply to orders through our online store at https://pokegeodude.shop.

(2) Our product presentations on the Internet are non-binding and not an offer to conclude a contract.

(3) Upon receiving an order in our online store, the following applies: The customer makes a binding offer by successfully completing the ordering process provided in our online store. The order process involves:

Selecting the desired goods or digital products,
Adding products by clicking the corresponding button (e.g., "Add to Cart," "Add to Bag," etc.),
Checking the details in the shopping cart,
Opening the order overview by clicking the corresponding button (e.g., "Proceed to Checkout," "Proceed to Payment," "Order Overview," etc.),
Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions, and the cancellation policy,
Confirmation of the negative agreement on the condition of goods if the agreed condition deviates from the usual condition and use requirements,
Confirmation of the limitation of the statute of limitations in the case of purchasing used items,
Completing the order by clicking the "Buy Now" button. This represents your binding order.
The contract is concluded when an order confirmation is sent to your provided email address within three working days.

(4) In the case of contract conclusion, the contract is concluded with Marvin Meier-Drüke, c/o Postflex #3787, Emsdettener Str. 10, 48268 Greven, Germany.

(5) Before ordering, the contract data can be printed or electronically saved using the browser's print function. The processing of the order and transmission of all necessary contract-related information, especially the order data, terms and conditions, and cancellation policy, will be sent by email after you place the order, partially automated. We do not store the contract text after conclusion.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., using the "Back" button of the browser). You can also correct them by prematurely canceling the order, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all necessary contract-related information is partially automated and sent by email. You must ensure that the email address provided is correct and that the receipt of emails is technically ensured and not blocked by spam filters.

§ 3 Subject Matter of the Contract and Key Features of the Products
(1) The subject matter of the contract in our online store includes:

The sale of goods. The specific goods offered can be found on our product pages.
The sale of digital products, such as software or media downloads. The specific digital products offered can be found on our product pages.

(2) If a contract for goods with digital elements or digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the functional updates and necessary security updates are also part of the contract.

(3) The essential characteristics of the goods and digital products can be found in the product description. If the agreed condition of the goods deviates from their usual condition and usage requirements, this will be explicitly mentioned in the product description (negative agreement on condition). If the customer has expressly consented to the negative deviation of the condition, it defines the subject matter of the contract.

(4) For the sale of digital products, the product description will specify any restrictions, particularly related to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the contract is for private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The purchase price is due before the delivery of the product (prepayment), unless we expressly offer payment on account. The available payment methods are listed in the online store or in the respective offer. Unless otherwise specified for each payment method, payment is due immediately.

(3) In addition to the prices listed, shipping costs may apply, unless the product is listed as free of charge. Shipping costs will be clearly communicated in the offers, possibly in the shopping cart system, and on the order overview.

(4) All offered products are, unless otherwise specified in the product description, ready for shipment immediately (delivery time: 7 days after payment receipt).

(5) There are the following delivery area restrictions: Delivery is available to the following countries: Germany, Austria.

§ 5 Updates, Mitigation Obligations of Consumers
(1) If a contract for goods with digital elements or digital products (digital content and services) is concluded with a consumer, and the statutory update obligation is not effectively excluded, we will provide regular updates to ensure the functionality and (IT) security of the purchased item (e.g., security updates against new threats, etc.).

(2) We are authorized to use a third party (e.g., the manufacturer or its supplier) to provide updates.

(3) The period during which updates are provided depends on the type of purchased item and is explained in the product description.

(4) Consumers will be informed about the availability of updates and how to install them (via email).

(5) The customer is required to install provided updates according to the installation instructions.

§ 6 Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the full purchase price has been paid.

§ 7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is regulated by our withdrawal policy.

§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches and unlawful actions is limited to intent or gross negligence.

(2) We are liable for slight negligence in the event of injury to life, body, or health or in the case of a breach of a material contractual obligation. If we are in default with the performance, if the performance becomes impossible, or if we violate a material contractual obligation due to slight negligence, the liability for resulting property and financial damage is limited to the foreseeable damage typical for the contract.

(3) If the customer fails to install an update within a reasonable time after it has been provided and they have been informed about its availability, we are not liable for defects that are solely caused by the absence of this update.

§ 9 Language of the Contract
The language of the contract is exclusively German.

§ 10 Warranty
(1) The warranty is governed by the statutory provisions.

(2) For the purchase of used goods, the warranty period is 12 months.

(3) For entrepreneurs, the warranty period for delivered goods is 12 months.

(4) As a consumer, you are asked to immediately inspect the goods or services upon contract fulfillment for completeness, obvious defects, and transport damages, and notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(5) Box Break (BB) products are excluded from warranty as these products are opened in the stream. These products can only be returned in exceptional cases (e.g., incorrect products opened).

§ 11 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

(3) If the customer is a merchant, a public law entity, or a public law special asset, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider.

(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 12 Grading
Hello, and thank you for choosing the PokeGeoDude service. By using this service, you automatically accept the terms and conditions listed below and on our website www.pokegeodude.com, including our privacy policy.

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