The following General Terms and Conditions are valid for all contracts, deliveries and other services. Possible contradictory business terms of the customer are explicitly excluded. Additional agreements or amendments to the contract are only effective if they are confirmed in writing.
obutto Europe is at all times entitled to change or supplement these General Terms and Conditions including all possible enclosures with an adequate term of notice. Orders made previous to possible changes will then be processed according to the old General Terms and Conditions.
Small deviations and technical changes to our pictures or descriptions are possible.
All prices contain the legal VAT of a current sum of 23%. The prices are, if not agreed upon otherwise, ex warehouse.
4. Conclusion of a contract
Your order is an offer to obutto europe for the conclusion of a purchase contract. If you make an order at obutto Europe ( www.obutto.eu ), we will send you an e-mail which confirms the receipt of your order and which lists the details. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract only materializes with the shipment of the dispatch confirmation or the delivery of the products.
5. Shipment, delivery and payment
The delivery will follow ex warehouse to the delivery address given by the customer. The delivery and payment conditions will be pointed out in more detail in the product description. There is no minimum order amount. obutto Europe is also entitled to limit the quantity ordered to commercial amounts. We reserve the right to make a partial delivery in so far as this appears to be advantageous for speedy handling and in so far as this is reasonable for you. You will have no additional shipping costs. Special forms of shipment which are requested by our customers will be billed with the customary additional fees.
Payment is due immediately after the binding order. In so far as has not been agreed upon otherwise, payments must be made exclusively with prepayment, or with PayPal credit card.
6. Delivery times
Goods which are in the warehouse will be shipped within 1 up to 2 working days after receipt of payment. If the goods are not available when the order is made, we will strive for delivery as soon as possible. In case the failure to comply with a delivery or service deadline can be traced back to an act of god, industrial conflict, unforeseen complication or other condition for which we are not at fault, the deadline will be extended accordingly. If failure to comply with a delivery deadline is due to another reason than named above, the customer is entitled to set an appropriate new deadline with the threat of rejection and if this new deadline is not met he can cancel the delivery named in the contract or the service from the contract. If the delivery is not possible due to the inability of the manufacturer or our suppliers, both we and the customer can cancel the contract in so far as the agreed upon delivery date has been exceeded by more than 2 months. Claims for damages due to default or inability or failure to fulfill obligations, even those which arose by the withdrawal from the contract, are excluded. That is unless a legal representative of obutto Europe has acted deliberately or negligently.
7. Right of revocation
Customers are entitled to withdraw from the contract within 2 weeks without giving reasons in text form (e. g. letter, fax, e-mail) or - if the object has been left to you before the expire date - by returning of the goods. The term begins on receipt of this instruction in text form but not before the entrance of the goods at the receiver (by the returning delivery of similar goods not before the entrance of the first part of the delivery). For the protection of the revocation term the punctual sending of the revocation or the goods is enough. The revocation and returns have to be sent to:
GAME TECH, LDA
SBA Office Center
Rua Fialho de Almeida, N.º 14, 2º esq., Esc. A17
In the case of an effective withdrawal, the services received by both parties are to be refunded and if necessary the services drawn (e.g. interest) are to be returned. If you cannot refund the services received in full or partially or only in a deteriorated state, you must in this respect pay us compensation for the value. This is not valid if the deterioration of the goods can be exclusively traced back to their check as would have been possible for you in a shop. Incidentally you can avoid the obligation to the worth substitute for one by the introduction as directed of the thing occurred deterioration, while you do not take the thing like your property in use and refrain from everything what impairs their value.
Transportable goods have to be sent back.
The customer has to carry the expenses of the return if the delivered goods correspond to the ordered ones. No transportable goods will be fetched at your address. The customer has to fulfil obligations to the allowance of payments within 30 days after sending of the revocation.
8. Passing of the risk
With shipment of the goods, by our risk. With returns, the sender carries the risk, in particular the transport risk, until the goods have been received by obutto europe as well as the transport costs. In the case of a guarantee claim, the customer can claim his postage costs for the most simple way of sending with supporting documents.
obutto guarantees that the purchased goods were free of material and manufacturing flaws at the time of the transfer of the goods and that they have the guaranteed quality set down in the contract.
Upon receipt, the customer must inspect the goods immediately for flaws and quality. In the case of apparent flaws, these must be reported to us in writing within 10 days after their discovery, the same is valid for latent defects. Otherwise the guarantee for these defects does not apply.
The guarantee is for 24 months after shipment.
With complaints, the purchase date must be proven with a bill. The article being complained about with full accessories together with an exact description of the error must be sent in together with a copy of the delivery receipt in the original packaging with suitable outer packaging, with sufficient postage paid. The guarantee does not cover normal wear and tear. The guarantee expires if the customer changes the goods delivered. With defects which are the fault of the buyer because of improper handling, the buyer is committed to carry all resulting subsequent improvement and transport costs. obutto europe has the right to subsequent improvement free of charge during the guarantee period.
10. Reservation of title
obutto europe reserves the title to delivered goods and services until the complete payment of all demands which have resulted or will result on part of the buyer from the business relationship, no matter what kind and which legal ground.
11. Storage of data
According to § 28 of the Federal Law for the Protection of Data (BDSG), we point out that the data necessary within the scope of the conclusion of the transaction is processed and stored using an EDP system according to § 33 (BDSG). Personal information will of course be treated confidentially. The person making the order explicitly agrees with this raising, processing and use of personal information.
We do not give your personal data including your house address and e-mail address to third parties without your explicit consent which can be revoked at any time.
The exception to this is our service partners which need the data for handling the order (e.g. the shipping company which has been assigned with the shipment and the credit institution which the handling of payment has been assigned to).In these cases, the scope of the transmitted data is limited to the necessary minimum.
12. Concession of rights, customer assessments
If a user decides to write a obutto europe assessment, he allows obutto Europe an exclusive license which is unlimited pertaining to time and place for the further use of the customer assessment for any purpose online as well as offline. obutto Europe reserves the right to not show an assessment or to show it for a limited time on the website as well as to shorten or change it. Customer assessments exclusively reflect the opinions of the customers. The contents do not necessarily comply with the opinions of obutto Europe.
13. Place of execution and legal venue
The place of execution and legal venue for both parties is the location of obutto Europe (with commercial customers), with private customers the place of execution and legal venue is the location of the customer. In so far as the person making the order resides outside of Portugal, the exclusive legal venue is the location of obutto Europe. The law of the Republic of Portugal exclusively applies.
14. Claims for damages
Claims for damages exist exclusively with intentional or grossly negligent fault on part of the director or assignees of obutto Europe.
15. Severability clausec
If one of these regulations should be ineffective or challengeable, the effectiveness of the other regulations remains unaffected. In place of the ineffective clause, a legally admissible regulation will take its place which efficiently is closest to it.
Return Policy for European Costumers::
We guarantee that all merchandise sold online by obutto Europe can be returned within 14 days from the receipt of shipment. If you are not completely satisfied with your purchase for any reason you may return any unused merchandise in original packaging including the complete accessories and get the complete purchase price refunded
• We will refund for you the purchase price (excluding shipping costs) to your bank account or PayPal account , as soon as we have received the returned goods.
• The customer has to carry the expenses of the return if the delivered goods correspond to the ordered ones.
• If the return is by reason of a defect within the warranty period or by reason of a miscarriage obutto Europe takes over the shipping costs. Please pay attention that obutto Europe can only take over the expenses for the regular dispatch.
• obutto Europe cannot guarantee return credit for orders that are not returned in accordance with our return regulations.
Please contact us if you want to return a product.