PSgameroom

Article 1 – Definitions and Applicability

1. PSgameroom, located in Amstelveen, Netherlands, Chamber of Commerce number 88142833, is referred to as “Seller” in these terms and conditions.
2. The counterparty of the Seller is referred to as “Buyer” in these terms and conditions.
3. “Parties” refers to Seller and Buyer together.
4. “Agreement” refers to the purchase agreement between the parties.
5. These terms and conditions apply to all offers, agreements, and deliveries of services or goods by or on behalf of the Seller.
6. Deviations from these conditions can only occur if expressly agreed upon in writing by both the parties.

Article 2 – Offers, Prices, and Payments

1. Offers are non-binding unless a term of acceptance is specified. If not accepted within that term, the offer expires.
2. Delivery times in quotations are indicative and do not entitle the Buyer to dissolution or compensation if exceeded unless expressly agreed otherwise in writing by Seller.
3. Offers and quotations do not automatically apply to reorders. Parties must expressly agree to this in writing.
4. The price on offers, quotations, and invoices consists of the purchase price including the due VAT and any other government levies.
5. Full payment is always required immediately in the webshop and processing and delivery of ordered goods is only after this payment has been received.

Article 3 – Delivery and Risk Transfer

1. Delivery takes place ‘ex works/shop/warehouse’. This means that all costs are for the Buyer.
2. The Buyer is obliged to take delivery of the items when the Seller delivers them or has them delivered, or at the time when these items are made available to them according to the agreement.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the Seller is entitled to store the item at the Buyer’s expense and risk.
4. If the items are delivered, the Seller is entitled to charge any open delivery costs.
5. If the Seller requires information from the Buyer for the execution of the agreement, the delivery time starts after the Buyer has made this available to the Seller.
6. A delivery term stated by the Seller is indicative. This is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.
7. The Seller is entitled to deliver the items in parts unless the parties have agreed otherwise in writing or if partial delivery has no independent value. The Seller is entitled to invoice these parts separately when delivering in parts.

Article 4 – Retention of Title

1. The items present at the Seller and delivered items and parts remain the property of the Seller until the Buyer has paid the entire agreed price. Until that time, the Seller can invoke its retention of title and take back the items.
2. If the agreed advance payments are not paid or not paid on time, the Seller has the right to suspend the work until the agreed part is paid. There is then creditor default. A delayed delivery cannot be held against the Seller in that case.
3. The Seller is not authorized to pledge the items falling under its retention of title or to encumber them in any other way.
4. The Seller undertakes to insure the items delivered to the Buyer under retention of title and to keep them insured against fire, explosion, and water damage as well as against theft and to make the policy available for inspection on first request.
5. If items have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the Seller has the right of retention. The item will then not be delivered until the Buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency, or suspension of payment of the Buyer, the Buyer’s obligations are immediately due and payable.

Article 5 – Right of Withdrawal

1. The consumer has the right to dissolve the agreement without giving reasons within 14 days after receipt of the order. This period starts to run from the moment that the entire order has been received by the consumer.
2. There is no right of withdrawal when sealed new games have been unsealed or otherwise opened by Buyer
3. The consumer can use a withdrawal form from the Seller. The Seller is obliged to make this available to the Buyer immediately upon request.
4. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the Seller, in accordance with the reasonable and clear instructions provided by the Seller.

Article 6 – Liability

1. Any liability for damage resulting from or related to the execution of an agreement is always limited to the amount that is paid out in the relevant case by the concluded liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy.
2. Not excluded is the liability of the Seller for damage that is the result of intent or deliberate recklessness of the Seller or his managerial subordinates.

Article 7 – Complaints

1. The Buyer is obliged to report complaints about the work performed directly to the Seller via contact@psgameroom.com. The complaint contains a description of the shortcoming that is as detailed as possible so that the Seller is able to respond adequately.
2. If a complaint is justified, the Seller is obliged to repair the good and possibly replace it.

Article 8 – Guarantees

1. Guarantees (if any) do not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
2. If the guarantee provided by the Seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 9 – Intellectual Property

1. PSgameroom retains all intellectual property rights (including copyright, patent rights, trademark rights, designs and models rights, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties and/or make available or use in any other way the intellectual property rights mentioned without prior written permission from PSgameroom.

Article 10 – Applicable Law and Competent Court

1. Dutch law exclusively applies to every agreement between parties.
2. The Dutch court in the district where PSgameroom is established is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in a legal procedure one or more provisions of these general terms and conditions are considered unreasonably onerous, the other provisions remain in full force.

Article 11 – Changes to the Terms and Conditions

1. PSgameroom is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 12 – Privacy Policy

By creating an account with PSgameroom, you consent to us collecting and storing the necessary personal information about you to successfully conclude a transaction. For more information about our use of this information, please see our Privacy Policy.

Article 13 – Returns and refunds

For our Return and refund policy please Click here

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Article 14 – Contact Information

Should you have any questions, queries, or comments, please don’t hesitate to contact us at:
contact@psgameroom.com  

Distribution/shipping from Amsterdam/Amstelveen

The Netherlands Chamber of Commerce number: 88142833

PSgameroom will endeavor to respond to any and all communication within 3 working days.

These terms and conditions are effective as of: August 25th, 2024