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General Terms of Use

Terms of Use in other languages as PDF: German, Italian, Spanish, French

NOTE FOR US CUSTOMERS: We have put this up front (and in caps) because it is important:

THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER PROVISION FOR US CUSTOMERS. IF YOU ACCEPT THESE TERMS OF USE, AS A US CUSTOMER YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND GAMIGO AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 24) IF YOU PREVAIL IN THE DISPUTE. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. SECTIONS 2 AND 24 APPLY EXCLUSIVELY TO US CUSTOMERS.
Contents
1 Scope of Application

1.1 These Terms of Use shall apply to all games, user forums and other services offered by the companies of the gamigo group with reference to these Terms of Use. The respective contractual partner results from the information on the respective website on which reference is made to these Terms of Use ("Provider"). They apply to the relationship of the respective user to the Provider of the respective Games or other services offered.

1.2 The Provider (hereinafter also referred to as “gamigo”) objects to the validity of any general terms and conditions of the user. These shall only become part of the contract if the Provider expressly agrees to them in advance and in writing.

1.3 Additional terms of use, rules, participation requirements and communication rules of the respective Games (together: "Game Rules") established by the respective Provider are published on the Provider's websites or forums or in the Games, as applicable. The user also recognizes these Game Rules as binding with his participation in the respective Game. In the event of any inconsistency between these Terms of Use and the Game Rules, the Terms of Use shall prevail over the Game Rules, unless the Game Rules expressly provide for priority over the Terms of Use.

1.4 The Provider may organize individual contests, tournaments, sweepstakes and other special promotions within Games. These may be subject to separate terms and conditions, which may be pointed out to the user separately.

1.5 The Provider may use third-party services for the Games or other services ("Third-Party Services"), for example app stores and social networks. Third-Party Services are subject to the general terms and conditions of the respective third-party providers. The user's contractual partner for Third-Party Services is the respective third-party provider.

1.6 The Games of the Providers are offered and distributed on their own websites or in their own online stores or distributed via third-party websites, online stores or app stores. The operator of the website, online store or app store can be determined from the information provided there. Insofar as distribution is carried out by third-party providers, the general terms and conditions of these third-party providers shall apply to the respective purchase or conclusion of the contract. However, regardless of who distributes the Games, these Terms of Use shall at the minimum apply to the use of the Games and the other offers of the Providers.
2 Scope of Application for US Customers

2.1 For residents of the United States ("US Customers"), these Terms of Use apply differently in part than for residents of other countries. Cases in which the Terms of Use apply differently to US Customers shall be expressly mentioned in these Terms of Use or gamigo shall indicate this. The following Sections 2.2 and 2.3 apply specifically to US Customers.

2.2 As a US Customer, you enter into these Terms of Use in the State of Texas, and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding the choice of law rules. For purposes of these Terms of Use, "Disputes" shall mean any dispute, claim or controversy (other than those expressly excluded below) between a US Customer and gamigo relating to the use or attempted use of the Games provided by gamigo generally, including without limitation the validity, enforceability or scope of this section on binding individual arbitration. For all Disputes not subject to binding individual arbitration as provided in the section immediately below, you, as a US customer, and gamigo agree to submit to the exclusive jurisdiction of the State of Texas, Travis County, or, if federal court jurisdiction applies, the United States District Court for the Western District of Texas. The US Customer and gamigo agree to waive any jurisdictional, legal venue or improper legal venue objections to such courts (without prejudice to the right of either party to refer a case to federal court if permitted) and any right to a jury trial. The Convention on Contracts for the International Sale of Goods is not applicable. Any law or regulation stipulating that the wording of a contract shall be construed against the drafter shall not apply to these Terms of Use. This paragraph shall be interpreted as broadly as permitted by applicable law.

2.3 As a US Customer, you and gamigo agree to resolve Disputes between both parties in individual arbitration (not in court). We believe that the alternative dispute resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than a formal court process. Section 24 explains the procedure in detail. To the extent permitted by applicable law, you and gamigo agree to bring Disputes only in an individual capacity and will not attempt to commence, join or participate in any class or representative action, collective or class-wide arbitration or other proceeding ("class action") in which any other person or entity is acting in a representative capacity, or to consolidate or combine individual proceedings or permit an arbitrator to do so, without the express consent of all parties to these Terms of Use and any other action or arbitration. More detailed information is provided in Section 24.
3 Description of Games

3.1 "Games" within the meaning of these Terms of Use are all online games, browser games, mobile games, social games and other digital game offerings offered by the Provider for any end devices (e.g. PCs, smartphones, tablets, connected devices such as streaming or set-top boxes, smart TVs and consoles) and/or online platforms (e.g. social networks).

3.2 In addition to the "Games", the Provider also offers the purchase of additional services, as the case may be, such as virtual items or so-called "Virtual Currency", which can be exchanged for virtual items, downloadable content, additional bundles, additional features, server changes, in-game name changes or other additional features, and the purchase of virtual items for real currency (together: "Premium Features") as well as the purchase of subscriptions. In addition, the Provider may also offer other free services, especially in the area of communication with other players (e.g. forums, chats, profile pages for users, rankings, etc.), whereby these are provided by the Provider without any contractual obligation to do so. If new functions are introduced, the Provider reserves the right to offer them subject to special terms of use to be agreed separately, which may deviate from and take precedence over these Terms of Use.

3.3 Depending on the type of Game in question, the following specific regulations apply. The type of the respective Game can be found in the product descriptions of the respective Game.

3.4 The use of specific Games may require the installation of additional software, e.g. so-called launchers, or the creation of a customer account. In this case, the product description expressly refers to this.
4 “Free-2-Play” Games

4.1 Within the meaning of these Terms of Use, "Free-2-Play Games" are Games that the user can by and large use free of charge. Free-2-Play Games contain Premium Features, i.e. some features or content of Free-2-Play Games can be subject to the payment of virtual or real currency. The provision of a Free-2-Play Game by the Provider constitutes a digital service.

4.2 The conclusion of the contract for the use of a Free-2-Play Game takes place online by submitting the registration form on the website of the respective Game or on another website of the Provider, in the Game itself, via the registration function of a social network such as through Facebook Connect, via the respective third-party platform or via another website or landing page with a corresponding registration function (collectively: "Offer of the User") and the acceptance by the Provider by email or the activation of access to the Free-2-Play Game. The Provider reserves the right to make the activation of the user account subject to the use of a confirmation link, which will be sent to the user by email.

4.3 When purchasing directly via the Provider, the user's right of withdrawal is determined by the provisions pursuant to Section 14.1. of these Terms of Use.

4.4 By concluding the contract, the user acquires a simple, non-transferable right of use, limited in time to the contract term, to use the respective Free-2-Play Game in its current version.

4.5 The use of the respective Free-2-Play Game is subject to the system requirements indicated in the respective product description. Compatibility with the user's system is ensured only if at least the minimum requirements are met.

4.6 The user may terminate the contract for the use of a Free-2-Play Game at any time by notifying the Provider in text form (e.g. by email) or, if applicable, by using a provided termination button. The Provider may terminate the contract for the use of the Free-2-Play Game at any time by giving two weeks' notice in text form (e.g. by email), unless otherwise agreed in special terms of use.
5 Subscription Services

5.1 "Subscription Services" within the meaning of these Terms of Use are Games or Premium Features, in particular Virtual Currency or virtual items, which can be used in exchange for a recurring payment. The provision of a Subscription Service by the Provider constitutes a digital service.

5.2 When concluding the contract for the use of a Subscription Service directly via the Provider, the conclusion takes place by selecting the respective Subscription Service and clicking the order button ("Buy Now" or similar) (Offer of the User) and the acceptance by the Provider via email or via the activation of the Subscription Services or Premium Features. When purchasing from third parties, the purchase is carried out according to their terms and conditions.

5.3 When purchasing directly via the Provider, the user's right of withdrawal is determined by the provisions pursuant to Section 14.1. of these Terms of Use.

5.4 By concluding the contract, the user acquires a simple, non-transferable right of use, limited in time to the subscription term, to use the respective Subscription Service in its current version.

5.5 The use of the respective Subscription Service is subject to the system requirements indicated in the respective product description. Compatibility with the user's system is ensured only if at least the minimum requirements are met.

5.6 In the event of cancellation of a contract for a Subscription Service ("Subscription"), the agreed payments shall be continued by the user until the end of the subscription period. If a shorter notice period is expressly provided for, e.g. in special terms of use, or if the Subscription is for an indefinite period, payments shall continue until the end of the notice period. If the user has concluded a Subscription for the recurring purchase of Premium Features, in particular Virtual Currency, and if such Subscription is terminated prematurely without good cause by cancellation of the user's account, Section 21.7 shall apply mutatis mutandis with respect to any outstanding payments until the next regular termination date of the Subscription. Insofar as the user has already received the services to be provided by the Provider, there is no entitlement to reimbursement. In particular, there will be no refund for Premium Features that the user has ordered from the Provider and already received.

5.7 Subject to Section 21.1, the user may terminate a Subscription at any time with effect from the next possible termination date by clicking on the appropriate button or by notifying the Provider in text form (e.g. by email). When concluding a Subscription via third-party providers, the Subscription must be cancelled with the respective third-party provider and not with the Provider. If the user cancels the Subscription, the Provider shall not refund any fees already paid and shall also not pay out in real currency the virtual credit balance credited to the user's account, subject to the conditions regulated in these Terms of Use. The Provider may terminate Subscriptions at any time at the end of the term. In the case of contracts with an indefinite term, a Subscription may be terminated with one month's notice, whereby the usage fees already paid shall be refunded pro rata temporis.
6 Digital Content

6.1 For the purposes of these Terms of Use, Digital Content means Games or extensions of Games, individual graphics, pieces of music or contents that are offered to the user for download, that do not require an ongoing online service to use and that can be used by the player in exchange for a one-time payment of a sum of money or Virtual Currency.

6.2 When concluding the contract for the purchase of Digital Content directly via the Provider, the conclusion takes place by completing the order process and clicking the order button ("Buy Now" or similar) (Offer of the User) and the acceptance by the Provider via email or via the making available of the digital content by the Provider.

6.3 The user's right of withdrawal with respect to Digital Content directly from the Provider is determined by the provisions pursuant to Section 14.2. of these Terms of Use.

6.4 By concluding the contract, the user acquires a simple right of use to use the Digital Content in its respective updated version. Updates include updates to maintain functionality, but do not include the entitlement for successor products or new functionalities that are to be purchased separately to be made available.

6.5 The use of the respective Digital Content is subject to the system requirements indicated in the respective product description. Compatibility with the user's system is ensured only if at least the minimum requirements are met.
7 Premium Features

7.1 The provision of Premium Features, in particular Virtual Currency, is a digital service by the Provider. Premium Features can only be used in the Games for which they are offered, unless otherwise expressly stated in the product description. Premium Features can be provided permanently or with a term. If a service is subject to payment, the user will be informed of the costs incurred, the terms of payment and other relevant details before the service is used.

7.2 In case of purchase directly from the Provider, the user makes an offer to purchase or use Virtual Currency or other Premium Features by selecting the type and quantity and clicking the order button ("Buy Now" or similar). The purchase contract is concluded when the Provider declares acceptance by email, or executes the order and provides the corresponding Virtual Currency or the corresponding Premium Features. This creates a separate contractual relationship regarding the Premium Features, which is subject to these Terms of Use as well as any special terms of use, as the case may be. When purchasing from third parties, the order process may be regulated differently. In this respect, their terms and conditions apply.

7.3 The user's right of withdrawal with respect to Premium Features is determined by the provisions pursuant to Section 14.1. of these Terms of Use.

7.4 By concluding the contract, the user, if he has purchased a Premium Feature with a term, acquires a simple, non-transferable right of use, limited in time to the respective term, to use the respective Premium Feature. If the user has purchased a Premium Feature without a term, by concluding the contract he acquires a simple, non-transferable right of use, limited in time to the term of the respective contract for the use of the Game or Games, to use the respective Premium Feature. A transfer is only possible if the respective Game mechanics explicitly allow a transfer of Premium Features to other players.

7.5 If the user acquires Virtual Currency that is not game-specific, then it does not expire as long as the respective underlying usage contract between the user and the Provider exists. In the event that the user account or access to a particular game is blocked, the Provider shall have a right to refuse service for the duration of the block.

7.6 In the case of the provision of Virtual Currency which the user can also gain by playing, the Provider reserves the right that, when Virtual Currency is used, Virtual Currency purchased with real currency is consumed before Virtual Currency that was gained by playing.

7.7 Due to the ongoing further development of the Games, the Provider reserves the right to offer new Premium Features, in particular Virtual Currencies, and/or to discontinue existing Premium Features in the future or to make them available in the free basic version. The Provider also reserves the right to introduce bonus programs ("Loyalty Program"). These may require the user to purchase a certain number of a particular Premium Feature, including Virtual Currencies in particular. A Loyalty Program may also be designed to include multiple Providers. The exact terms and conditions of the respective Loyalty Program will be published separately by the respective Provider or Providers, if applicable.
8 Digital Vouchers

8.1 A Digital Voucher entitles the holder of the voucher to purchase from the Provider or from a third party, according to the content of the voucher, a specific good, a specific Digital Content or a specific Digital Service, or a good for the equivalent value of the voucher. The respective voucher is subject to specific terms of use, which are referenced separately.

8.2 When concluding the contract for a Digital Voucher acquired directly via the Provider, the conclusion takes place by completing the respective order process and clicking the order button ("Buy Now" or similar) (Offer of the User) and the subsequent acceptance by the Provider via email or via delivery of the Digital Voucher by the Provider.

8.3 The user's right of withdrawal with respect to Digital Vouchers is determined by the provisions pursuant to Section 14.2. of these Terms of Use.

8.4 Digital Vouchers are valid for three years from the end of the year in which the Digital Voucher was purchased.
9 Merchandising Articles and Other Goods

9.1 The conclusion of the contract for the purchase of merchandising articles or other goods, including Games on data carriers, takes place by completing the order process and clicking the order button ("Buy Now" or similar) (Offer of the User) and the subsequent acceptance of the order via email or via shipment of the goods.

9.2 The user's right of withdrawal with respect to the purchase of merchandising articles or other goods is determined by the provisions pursuant to Section 14.3. of these Terms of Use.

9.3 Shipping costs may vary depending on the delivery location and shipping method and will be displayed before completion of the order.

9.4 Unless a delivery period is agreed, delivery shall be made within 14 days from the conclusion of the contract.

9.5 The Provider shall not be responsible for any delay in delivery due to lack of delivery to himself, provided that he has made a timely sufficient covering transaction and is not responsible for the non-delivery.

9.6 The Provider is entitled to withdraw from the contract if, despite having concluded a corresponding covering transaction, he is not supplied by his own suppliers for reasons for which he is not responsible and this situation persists for more than 4 weeks from the date of the user's order.

9.7 The goods remain the property of the Provider until full payment.

9.8 Vouchers in printed form are valid for three years from the end of the year in which the voucher was purchased.
10 Changes of Games and Premium Features

The Provider is entitled but not obligated to make changes to Free-2-Play Games, Subscription Services, Digital Content, Games on data carriers and Premium Features that go beyond what is necessary to maintain conformity with the contract pursuant to Section 327e Paragraphs 2 and 3 BGB (German Civil Code) and Section 327f BGB (German Civil Code). Reasons for changing the Games are: Adapting the Games to new technical environments, changes in the legal framework, increased numbers of users, or changes required for other important operational reasons, as well as improving the user experience, especially by adding new content.
11 Scope of Services

11.1 With regard to all Games and Premium Features that require a permanent internet connection, the Provider guarantees an accessibility of 95% on an annual average for each Game or Premium Feature. This does not apply to times when the servers for the respective Games and Premium Features cannot be reached due to technical or other problems beyond the control of the Provider (e.g. force majeure, fault of third parties, etc.). Also excluded are times when routine maintenance is being performed. The Provider may restrict access to the Games and Premium Features if this is required for the security of network or Game operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data. These times shall also not be taken into account in the calculation of accessibility. The liability of the Provider for non-availability of the servers in case of intent or gross negligence remains unaffected. The Games and Premium Features of the Provider may not be usable in all countries for legal or licensing reasons. Whether a Game requires a permanent internet connection is indicated in the system requirements of the respective Game.

11.2 If and as long as the user does not fulfill his payment obligations, his access to the Premium Features to be provided under the respective contract, in particular the Virtual Currency, may be denied. In this case, already existing claims for payment on the part of the Provider against the user that result from the contract remain unaffected and do not expire.

11.3 If access to Premium Features purchased by the user, in particular virtual currencies, is temporarily not possible within the scope of the owed availability pursuant to Section 11.1, such downtimes shall not be appended to the term of the subscription.

11.4 Warranty is provided in accordance with the statutory provisions, taking into account Section 18. Additional warranties are only granted within the scope of the respective product description.

11.5 The user has no claim to the maintenance or causation of a certain state or functional scope of the respective Game (e.g. game progress, game states, high scores, achievements). Any claims on the part of the user for defects relating to the technical playability of the Game itself, as well as Section 327r Paragraph 2 BGB (German Civil Code), shall remain unaffected.
12 Authorized Users

12.1 The Games and other services offered by the Provider are aimed exclusively at consumers. Use for commercial or business purposes is not permitted.

12.2 Use of the services is restricted to persons who have reached the age of 16 and are either of legal age in their country of residence or whose legal representatives have given their consent to use the respective service. Expressly ineligible to participate are all persons whose user account or access to the respective service has been blocked by the Provider in accordance with these Terms of Use or who have not yet reached the age of 16.

12.3 If the user is a minor, he assures the existence of the consent of his legal representative. The Provider is entitled, but not obliged, to request, at any time, written proof of the user's age of majority or the declaration of consent of the user's legal representative.

12.4 As soon as an underage user uses its user account after reaching legal age, all contracts concluded in connection with said user account before reaching full age shall be deemed to have been approved.
13 Payment Conditions and Provision

13.1 For payment, the Provider is entitled to offer the user different payment methods (e.g. prepayment, PayPal, payment by credit card), although there is no claim that all payment methods or a specific payment method are always offered. If the payment is processed via a payment service provider (e.g. PayPal), the terms of use and terms of business of the relevant payment service provider shall apply exclusively to the payment processing and shall be referred to separately in this case.

13.2 The Provider may, in compliance with the statutory provisions, make the immediate provision of Digital Content or Digital Vouchers conditional upon the user's waiver of any existing rights of withdrawal. If the user does not waive the existing withdrawal rights, the Provider may wait until the expiration of the withdrawal period to provide the Digital Content or the Digital Voucher.

13.3 When purchasing Digital Content, Premium Features, in particular Virtual Currency, a Subscription Service, Digital Vouchers, merchandising items or other goods through an app store, a social network or other third-party platform, their respective terms and conditions shall apply in addition to these Terms. In that case, these third-party providers are also to be addressed and responsible for payment processing, warranty or termination of contracts.

13.4 Offsetting by the user is only possible with undisputed or legally established counterclaims against the Provider. The user may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

13.5 All stated fees include the applicable statutory value added tax, if applicable.
14 Information Concerning the Exercise of the Right of Withdrawal

14.1 If the user is a consumer, the user shall, for purchases directly from the Provider, have a statutory right of withdrawal in accordance with the following withdrawal policy with respect to contracts for Free-2-Play and Subscription Services, as well as with respect to Premium Features:
<h3>Withdrawal policy</h3>
Right of withdrawal

The user has the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

In order to exercise his right of withdrawal, the user must inform the Provider (gamigo US Inc., 3800 Quick Hill Road, Austin, TX 78728, USA, phone: +1 512 623 5900, email: gloriavictissupport@gamigo.com) by means of a clear declaration (e.g. a letter sent by mail or an email) of his decision to withdraw from this contract. For this purpose, the user may use the attached sample withdrawal form, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that the user sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If the user withdraws from this contract, the Provider shall reimburse the user for all payments received by the Provider from the user, including delivery costs (with the exception of additional costs resulting from the fact that the user has chosen a type of delivery other than the most inexpensive standard delivery offered by the Provider), without undue delay and no later than within fourteen days from the day on which the Provider receives the user's notification of withdrawal from this contract. For this reimbursement, the Provider shall use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In no case shall the user be charged any fees due to this reimbursement.

If the user has requested that the digital service begin during the withdrawal period, the user shall pay the Provider an adequate amount corresponding to the proportion of the digital services already provided up to the time the user notifies the Provider of the exercise of the right of withdrawal with respect to this contract, in relation to the total scope of the digital services intended for in the contract.

Premature expiration of the right of withdrawal

The user's right of withdrawal shall expire prematurely if the Provider has provided the digital service in full and has only begun to perform the digital service after the user has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Provider.

The sample withdrawal form for the cancellation of contracts with respect to Free-2-Play and Subscription Services, as well as Premium Features can be downloaded here.

14.2 If the user is a consumer, the user shall, for purchases directly from the Provider, have a statutory right of withdrawal in accordance with the following withdrawal policy with respect to contracts for digital contents or Digital Vouchers:
<h3>Withdrawal policy</h3>
Right of withdrawal

The user has the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

In order to exercise his right of withdrawal, the user must inform the Provider (gamigo US Inc., 3800 Quick Hill Road, Austin, TX 78728, USA, phone: +1 512 623 5900, email: gloriavictissupport@gamigo.com) by means of a clear declaration (e.g. a letter sent by mail or an email) of his decision to withdraw from this contract. For this purpose, the user may use the attached sample withdrawal form, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that the user sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If the user withdraws from this contract, the Provider shall reimburse the user for all payments received by the Provider from the user, including delivery costs (with the exception of additional costs resulting from the fact that the user has chosen a type of delivery other than the most inexpensive standard delivery offered by the Provider), without undue delay and no later than within fourteen days from the day on which the Provider receives the user's notification of withdrawal from this contract. For this reimbursement, the Provider shall use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In no case shall the user be charged any fees due to this reimbursement.

Premature expiration of the right of withdrawal

In the case of a contract for the supply of Digital Content or Digital Vouchers that are not on a physical medium, the user's right of withdrawal shall expire prematurely if the user has given his express consent to the Provider commencing performance of the contract prior to the expiry of the withdrawal period and the user has confirmed his knowledge that by consenting he loses his right of withdrawal upon commencement of performance of the contract, but not before the Provider has provided the user with a confirmation of the contract setting out the contents of the contract on a durable medium (email will suffice).

The sample withdrawal form for the cancellation of contracts with respect to Digital Content and Digital Vouchers can be downloaded here.

14.3 If the user is a consumer, the user shall, for purchases directly from the Provider, have a statutory right of withdrawal in accordance with the following withdrawal policy with respect to contracts for merchandising articles or other goods:
<h3>Withdrawal policy</h3>
Right of withdrawal

The user has the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period expires fourteen days from the day on which the user or a third party named by the user, who is not the carrier, has taken possession of the goods.

In order to exercise his right of withdrawal, the user must inform the Provider (gamigo US Inc., 3800 Quick Hill Road, Austin, TX 78728, USA, phone: +1 512 623 5900, email: gloriavictissupport@gamigo.com) by means of a clear declaration (e.g. a letter sent by mail or an email) of his decision to withdraw from this contract. For this purpose, the user may use the attached sample withdrawal form, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that the user sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If the user withdraws from this contract, the Provider shall reimburse the user for all payments received by the Provider from the user, including delivery costs (with the exception of additional costs resulting from the fact that the user has chosen a type of delivery other than the most inexpensive standard delivery offered by the Provider), without undue delay and no later than within fourteen days from the day on which the Provider receives the user's notification of withdrawal from this contract. For this reimbursement, the Provider shall use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In no case shall the user be charged any fees due to this reimbursement. The Provider can refuse the reimbursement until he has received the goods back or until the user has provided proof that he has sent the goods back, whichever is earlier.

The user shall return or hand over the goods to the Provider without undue delay and in any case no later than within fourteen days from the day on which the user notifies the Provider of the withdrawal from this contract. The period is met if the user sends the goods before the expiry of the period of fourteen days. The user bears the direct costs of returning the goods. The user shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods in a manner that is not necessary for testing the quality, characteristics and functioning of the goods.

The sample withdrawal form for the cancellation of contracts with respect to merchandising articles and other goods can be downloaded here.