General
These terms and conditions (hereinafter referred to as "Terms") represent the general conditions and rules of business on our online store at the internet address kerbergames.com (hereinafter referred to as the "Site") and which were adopted by the company Kerber Games street: Gornjacka 11, Pancevo, Republic of Serbia, Identification Number 21670774 (hereinafter "Company", "Kerber Games", "Merchant" or "We"), which claims ownership rights, rights of use and management, as well as rights regarding content and publications on the Site.
The purpose of these Terms is to define and regulate the rules of communication, transactions, contractual and business obligations arising on or in connection with the activities on the Site, as well as the resulting rights and obligations and responsibilities between the Company, on the one hand, and visitors, customers or user of services on the Site (hereinafter "Visitor", "Customer", "User", "Consumer" or "You").
The application to the contractual or business relationship created on the Site of any general conditions of other merchants, their associations or associations, etc., as well as any other general conditions or rules highlighted or indicated, or referred to by the Service Users or Customers, or any which Visitor on the Site.
The Company has the right at any time to amend and/or supplement these Terms and to post these new Terms on the Site, whereby the new version of the Terms will replace the previous ones and become valid, applicable and binding on the business and/or contractual relationship between the Company and any Visitor Site in any capacity that he performs.
These Terms, as well as any and all business and contractual relations, transactions, communication, etc., arising on the Site or in connection with the goods and services offered on the Site, as well as with regard to any and all rights and obligations and responsibilities of any of any person participating in those relationships, transactions or communication is exclusively the valid law of the Republic of Serbia, and the courts of the Republic of Serbia are exclusively competent according to their actual and local jurisdiction.
The sale of goods (products) or services via the website kerbergames.com is carried out as part of the registered activity of the company Kerber Games: Gornjacka 11, Pancevo, Republic of Serbia, Identification Number 21670774. The goods and services sold via the website have the properties required for the regular use of that type of goods. in accordance with its purpose, which is defined in the instructions that come with the product.
The place of conclusion of the contract on the sale of goods/services on the Site is Pancevo, Republic of Serbia, Gornjacka 11 street.
Conformity of the goods according to the contract is determined EXCLUSIVELY according to the properties and purpose of the goods as defined by the description on the Website. The selling price of the goods is indicated on the Site with each item offered for sale, and the possibility of buying goods with special price benefits or with special sales incentives (promotional sales) is carried out in accordance with special conditions if they are published on the kerbergames.com Site. All prices are expressed in dinars (RSD).
We strive to be as precise as possible in the product description, image display and prices themselves, but we cannot guarantee that all information is complete and error-free. Images do not have to be 100% identical to the products. All items displayed on the Site are part of our offer and do not imply that they are available at all times.
General conditions for ordering and concluding sales contracts
General terms of payment
Payment for products on our online store can be made in one of the following ways: with payment cards - VISA, Maestro, MasterCard, DinaCard or AMEX that support payment via the Internet. Payment by card is realized in cooperation with AllSecure Ltd and Banca Intesa and is done in a safe and certified way through the AllSecure Paymet Gateway, by simply entering data from the payment card.
After entering the card details and confirming the payment, the bank authorizes the transaction and thus the order is approved and enters the further process of preparation for delivery. The amount will be reserved on your card (account) and will not be available for any other purpose.
The transaction will be completed and the amount deducted from your account only when the products are prepared for transport and handed over to the courier service. In case the payment is not completed, that is, the amount is not removed from the account within 14 days from the acceptance of your order, the order will be canceled and deleted. After the expiration of the 14-day period, the money reserved in your account is released and will be available to you again. After that, you can repeat the same or a new order, and make a payment related to them.
Check with the bank that issued the card whether your card supports payment via the Internet.
Data protection when paying by card
When entering payment card data, confidential information is transmitted via a public network in a protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. Payment card information is never available to the merchant.
3D Secure protection for all merchants and customers - AllSecure Payment Gateway uses the highest global standards of data protection and privacy. Stand merchants using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, thus guaranteeing customers the security of their purchases. Customers' payment card numbers are not stored on the merchant's system, and the registration itself is protected by SSL data encryption.
PCI DSS Standards - AllSecure Payment Gateway constantly complies with all requirements of card organizations in order to increase the security level of merchants and customers. From 2005 to today, without interruption, the system has been certified as PCI-DSS Level 1, which represents the highest standard in the industry. PCI Data Security Standard (PCI-DSS) is a norm that defines the necessary security measures for processing, storing and transmitting sensitive card data. PCI Standards protect sensitive data about the card user during the entire payment process: from the moment of data entry at the merchant's point of sale, during communications between the merchant and relevant banks and card organizations, as well as the subsequent storage of such data.
Statement of Conversion
All payments will be made in the local currency of the Republic of Serbia - dinar (RSD). For informative display of prices in other currencies, the middle exchange rate of the National Bank of Serbia is used. The amount for which your payment card will be charged will be expressed in your local currency through conversion to the same at the exchange rate used by the card organizations, which cannot be known to us at the time of the transaction. As a result of this conversion, there is a possibility of a difference from the original price listed on our Site.
Delivery in Europe, USA and Canada
We send all your confirmed orders from the Site to you by courier service, to the address you provided us on the Site.
The costs of delivery will be as displayed to you on our website.
We use a third party courier to deliver your order and we will deliver your order as soon as reasonably possible. During the order process we will let you know when we will aim to deliver the product(s) to you.
If our supply of the product(s) is delayed by an event outside our control such as fire, terror, flooding, pandemic, epidemic, or governmental action or direction then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local delivery depot.
If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
Free delivery
Free delivery of purchased goods is possible for special promotions that we offer from time to time and if you have met the requirements for a certain level of our loyalty program. For more information about our loyalty program, you need to subscribe to our newsletter.
Delivery delay
The moment we hand over your package to the courier, we are no longer able to influence the delivery time, nor do we change the data you provided to us. We recommend saving your courier trasking number and contacting their call center in case of delay. If you still don't know where your package is located, please contact us at we@kerbergames.com.
Correctness of data
When placing your order, please carefully check the information you entered for delivery, address and phone number, as well as correct and complete information about the goods from the Site that you are ordering. If the data is not good, the order will not reach you, and it will create unnecessary costs for us.
Complaints
The products sold on our website are accompanied by all legally necessary documentation, including manufacturer's warranty sheets (if and in the manner and under the conditions that manufacturers provide such warranties). If there is a need to advertise a specific article on quality, we will fulfill all legally defined obligations for the seller, in the same way as if you bought the goods in a traditional store.
Goods covered by the manufacturer's warranty are sold with the manufacturer's warranty extended to the Buyer. The complaint procedure is initiated at the customer's request. If you want to start the complaint process, you need to send us a Complaint Request to the address: we@kerbergames.com.
Kerber Games does not assume any responsibility for customer errors, wrongly purchased products or any other errors related to your actions when purchasing on the Site. If you have difficulties in activities when purchasing products on the Site or you have not received the purchased product, please contact customer service (we@kerbergames.com) and we will do our best to eliminate the irregularities so that you can order the desired product and receive the purchased product. If any product you purchased is defective or does not function properly for any reason, please contact our customer service (we@kerbergames.com).
The right to a refund or exchange of goods
In case of withdrawal from the contract, the consumer has the right to a refund or exchange for another product. The amount is returned to the customer upon receipt of the product, and after it is determined that the product is returned undamaged and correct.
The right to withdraw from the purchase
The law for the case of distance sales establishes the right of the buyer, who is considered a consumer (a natural person who buys a product to satisfy his individual needs, and not to perform professional activities), to withdraw from the contract within 14 days from the day the product was handed over to him . When canceling, the customer may or may not state the reasons for canceling. The form/Declaration of withdrawal from the contract produces legal effect from the day it is sent to the merchant. In case of withdrawal from the contract, the consumer has the right to a refund or exchange for another product. The price is returned to the customer upon receipt of the product, and after it is determined that the product is undamaged and correct. The buyer is obliged to return the product without delay, and no later than within 14 days from the day he sent the cancellation form. After the expiration of 14 days from the day he sent the cancellation, the product can no longer be returned. When returning goods, it is mandatory to return them in a correct and unused condition and in the original, undamaged packaging, and the original fiscal receipt must be attached. Upon receipt of the product, it will be determined whether the product is correct and undamaged. The customer is responsible for malfunctioning or damage to the product that is the result of inadequate handling of the product, i.e. the buyer is solely responsible for the reduced value of the product that occurs as a result of handling the goods in a way that is not adequate, that is, exceeds what is necessary to establish its nature, characteristics and functionality. If it is determined that the product is defective or damaged due to the buyer's fault, the price refund will be refused and the product will be returned to him at his expense. The merchant is obliged to return to the consumer the amount paid by the consumer under the contract without delay, and no later than within 14 days from the day of receipt of the declaration of withdrawal, and after receipt of the product.
Costs for returning goods and money
The costs of returning goods and money are borne by the buyer, except in cases where the buyer receives a defective or wrong item.
User privacy protection
On behalf of kerbergames.com and Kerber Games, we are committed to protecting the privacy and personal data of all our customers. We collect only necessary, basic data about customers/users and data necessary for business operations and informing users in accordance with good business practices and with the aim of providing quality service. We give customers choices including the ability to decide whether or not they want to be removed from mailing lists used for marketing campaigns. All data on users/customers are kept strictly confidential and are available only to employees/employees of the Company who need this data to perform their work. All Kerber Games employees/engaged persons (and business partners) are responsible for compliance with applicable regulations in this area.
Refunds
In the case of a refund to a customer who previously paid with one of the payment cards, partially or in full, and regardless of the reason for the refund, this refund is made exclusively via the same VISA, Maestro, MasterCard, DinaCard or AMEX card that was used for payment. This means that our bank will refund the funds to the cardholder's account at our request.
VAT statement
Kerber Games d.o.o. is not liable for VAT.
Copyright and intellectual property rights
Any and all copyrights and intellectual property rights on the Site or its content and data, as well as on any goods (products) or services offered or sold on the Site remain at all times the copyrights and intellectual property rights of the Company, i.e. its business partner, and you are not transferred or assigned any of those copyrights or intellectual property rights by visiting the Site, or leaving data on it, or ordering or purchasing goods or services on the Site.
Responsibility
The Company's liability for damages for ordered and purchased goods and services on the Site, as well as for any statement or activity of the Company on the Site, is limited to the amount of the advertised value of the goods/services you ordered/purchased on the Site, plus the actual delivery costs.
Any liability of the Company for any lost benefit, lost profit, consequential or indirect damage, etc. is excluded.
Force Majeure
Merchant will not will be responsible for the impossibility of fulfilling obligations, if the non-fulfillment is directly caused by force majeure. In case of force majeure, the Company is obliged to inform you in a timely manner about the circumstances that it claims are grounds for exclusion of liability due to force majeure.
Force majeure means an event beyond the control of the contracting party, which was affected by that event without its own fault or negligence, and which could not have been foreseen or prevented even with the utmost care of the contracting party. Force majeure events include the following: acts of nature (including fire, flood, earthquake, storm, or other natural disaster), epidemics, strikes, riots, war, invasion, acts of terrorism, military or other usurpation of political power, or seizure of property (confiscation). , nationalization, government sanctions or embargoes, decisions of competent authorities, cessation or difficulty in the supply of equipment and materials, blackouts of electricity, water, fuel or any other interruption of the supply of public services, the Internet or communication links, cessation of the provision of services by third parties on which it depends operation and functionality of the Site or other extraordinary events beyond the Company's control.
If force majeure lasts longer than 30 days, either party reserves the right to unilaterally terminate the business/contractual relationship.
Coming into effect
These Terms and Conditions have been adopted by the Company and are effective as of June 29th, 2022.
If there is a translation of these Terms into any other language, these Terms in the Serbian language have priority in interpretation and application in relation to them.
In Pancevo, in 2022
KERBER GAMES d.o.o. Pancevo
Address of the registered office: Gornjacka 11, 26000 Pancevo, Republic of Serbia
Manufacturer of games and toys, 3240
ID: 21670774; VAT identification number: 112420770
www.kerbergames.com
Contact phone number: +381631289363
E-mail: we@kerbergames.com