Terms of Sale

Acceptance of the Terms of Sale

Thank you for visiting the Kalypso Media Store (the “Store”). These Terms of Sale govern your purchase of software products, digital content, content subscriptions, virtual currency, in-game content, physical goods such as merchandise or any other physical or digital product or service (each a “Kalypso Media Content“) available through as https://www.kalypsomedia.com or other affiliated sites.

These terms constitute a binding, legal agreement between you (hereinafter referred to as “you“), and Kalypso Media Group GmbH and its subsidiaries and affiliates (“Kalypso”, “we” or “us”).

Any purchase of any Kalypso Media Content on the Store is governed by these Terms of Sale, which supplement the Kalypso Media Terms of Use and Privacy Policy. Additionally, your use of certain Kalypso Media video game and software shall be governed by the terms of an applicable End User License Agreement (“EULA“).

If there is any inconsistency between provisions in different parts of our policies and terms, those parts shall have precedence as follows (unless expressly agreed otherwise): (a) Terms of Sale, (b) Privacy Policy; (c) EULA; and (d) Terms of Use.

If you purchase Kalypso Media Content from a third party, your purchase is with that third party and not with Kalypso Media. Please contact such third party should you have any questions or complaints regarding such purchase.

PLEASE NOTE THAT A PURCHASE CAN ONLY BE MADE BY ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE.

PLEASE READ THEM CAREFULLY.

Making a purchase on the Store

The presentation of the products on the webstore is not a legally binding offer, but a non-binding online catalog. By clicking on the [Buy / Order] button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt and acceptance of your order is made directly after you have placed your order. As soon as you have received the confirmation email, the contract is concluded.

To make a purchase on the Store you require a Kalypso Media Account (“Account(s)”). If you do not have a Kalypso Media Account you need to create one before purchasing Kalypso Media Content, by providing a correct email address and billing information. The use of the Accounts is governed by the Terms of Use and the Privacy Policy and we advise you to please read these documents carefully before creating an Account. 

No child under the age of 16 is allowed to open a Kalypso Media Account. Kalypso Media may offer Content for individuals between the age of 13 and 18, but it sells them only to adults who can make purchases with a credit card or such other means online.

If you are under the age of 18, you must have your parent’s or guardian’s consent before making any purchase. Please note that other specific age restrictions may apply to certain contents or events.

You can find more information about age restrictions in the Privacy Policy and the Terms of Use

Liability for Unauthorized Transactions

You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account or password, unless as otherwise specified hereunder. You are responsible for all purchases of Kalypso Media Content on this Store, including any unauthorized purchases and uses made through your Account. Kalypso Media shall not be liable for any loss that you may incur as a result of unauthorized purchase or uses of your Account, when such loss is due to your failure at maintaining the security and confidentiality of your Account.

Use of registration information and non-personally identifiable information

Kalypso Media may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Kalypso Media business, such as process orders and payments for any Kalypso Media Content you purchase.

For additional information about how Kalypso Media handles the information you provide us through the Store, please read our Privacy Policy. Please note that your use of the Store constitutes your acceptance of the Privacy Policy.

Prices

The price you will have to pay is the price indicated on the checkout page before you finalize your purchase.

The price displayed on the Store and in the confirmation email will include any applicable Sales Tax, GST and VAT.

Kalypso Media reserves the right to change the price and availability of any and all Kalypso media Content at any time without notice; provided that such price change will not affect your purchase price for orders that Kalypso Media has already received from you and processed.

Delivery of Kalypso Content

Kalypso Media will strive to deliver properly ordered digital content to you within a reasonable amount of time.

However, occasionally, technical problems and/or a manual review of the order may delay or prevent delivery of the ordered digital content. Your remedy with respect to a digital content that is not delivered within a reasonable amount of time is to either receive a replacement of such digital content, or a refund of the purchase price paid for such a digital content. Our obligation to deliver the digital content to you shall be complete at such time as, and place where, you first receive the downloaded digital content.

You may buy a maximum of three (3) activation codes for a single digital content through a Kalypso Media Account.

Furthermore, any sale of activation codes is for non-commercial purposes only and any sale or distribution of the Products to third parties for commercial purposes is strictly forbidden.  In cases of suspected fraud or illegal trade with our activation codes, Kalypso Media reserves the right to lock your activation code(s). Furthermore, Kalypso Media will not supply any Products or services to you until your credit card issuer has authorized the use of your card for payment of the digital content ordered.

If you purchase a software license prior to the release date of the applicable digital content, once the purchase has been completed, you will receive an email containing the activation code for the digital content. On the release date of the applicable digital content, you will be able to download the digital content from the respective digital platform (f.e. Steam).

REQUIRES INTERNET CONNECTION AND FREE STEAM ACCOUNT TO ACTIVATE. Notice: Product offered subject to your acceptance of the Steam Subscriber Agreement ("SSA"). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see http://www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should not activate the product on Steam. Please contact our customer support, if you have not activated the product until now. More information and requirements for your Right of Withdrawal can be found under “Right of Withdrawal”.

Use of discount vouchers

The following conditions count for each discount voucher issued through Kalypso Media; provided there has not been any other declaration.

a)     Applicability

  • Each discount voucher code can only be used once
  • Each customer can only use one discount voucher code per order
  • Combining different discount vouchers is not possible
  • Selling discount voucher codes is forbidden
  • A payout of discount vouchers is not possible

b)     Validity

Discount vouchers are only redeemable for a limited time und may lose their validity on the date mentioned in the delivery email. Furthermore, Kalypso Media reserves their right to end validity anytime in exceptional situations.

c)     Minimum order value

The minimum order value is generally 20 $ (US) / 20 £ (UK) / 20 € (EU) for a discount voucher issued by Kalypso Media.

d)     Refund of products

If you choose to use your right of withdrawal, you will get a full refund on the reduced purchase price. Please note that the discount voucher won’t be refunded or retrieved in this case.

Payment methods

When you purchase Kalypso Media content via this Store, you may pay for your purchase using any payment method (the “Payment Method”) that is offered by Kalypso Media on the webstore.

Please note that you will be bound by your chosen Payment Method provider’s terms and conditions, such as for example PayPal. Please contact such third party should you have any questions regarding your chosen Payment Method provider‘s terms and conditions.

Refunds

Kalypso Media does not offer refunds for Kalypso Media Content purchased through the Store unless as otherwise specified herein and subject to any rights you may have under applicable law.

a)     Right of Withdrawal for residents in EU/EEA

If you reside in the EU/EEA, you have the right to withdraw from a purchase of Kalypso Media Content within fourteen (14) days without giving reason. The withdrawal period expires fourteen (14) days from the day the Kalypso Media Content was delivered to you. In order to exercise your right of withdrawal, please send a letter or an email to:

Kalypso Media Group GmbH
Wilhelm-Leuschner-Str.
11-13
D-67547 Worms

Germany

Telefon: +49 6241 506 19 00

support@kalypsomedia.com

In order for you to meet the withdrawal deadline, it is sufficient that you send us your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

b)     Consequences of your withdrawal

If you decide to withdraw from the purchase, we will refund to you all payments received from you without undue delay and in any event no later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the purchase. The refund will be done by the same Payment Method which you have used for your purchase.

IMPORTANT NOTICE REGARDING DIGITAL CONTENT

Please note that you will lose your right of withdrawal for purchased digital content as soon as you have expressly consented to the performance of the digital content and have acknowledged that you will therefore lose your right to withdraw from the contract, and/or as soon as and have started to download such Digital Content on your computer or personal device, whichever occur first.

The conditions for your right of withdrawal can also be found in the Right of Withdrawal legal lines.

Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE STORE ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KALYPSO MEDIA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS,  COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING  WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE STORE,  WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KALYPSO MEDIA AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT KALYPSO MEDIA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY KALYPSO MEDIA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

Dispute

The European Commision provides through https://ec.europa.eu/consumers/odr/ an Online Dispute Resolution platform for residents from the EU. This online platform is dedicated to helping consumers and traders resolve their disputes out-of-court. We are neither willing nor obliged to participate in a dispute resolution procedure in attendance of an arbitration board.

Electronic Contracting

When you visit the webstore or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Revision of Terms of Sale

Kalypso reserves the right to change, modify, add or delete the clauses of these Terms and other notices contained on the Kalypso Services, at any time, temporarily or permanently and entirely at its own discretion. This may be the case, if legal requirements make it necessary to change these terms. Furthermore, the possibility for changes does also apply to the duty to report and the like.

Kalypso will inform you of any change, modification, addition or deletion to these Terms by posting, on the website of the Services concerned by these Terms, a notification informing the User of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force one month after the publication of said notification. If you do not agree to the changes made to these Terms, you may close your account in accordance with the Terms of Use. You will be informed explicitly about this possibility when you receive the notification.

You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.

Governing Law and Jurisdiction

These Terms of Sale are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. You agree to submit to the personal jurisdiction of the courts of the Federal Republic of Germany for any cause of action arising out of or relating to your purchase.

Kalypso Media Group GmbH
Wilhelm-Leuschner-Str.
11-13
D-67547 Worms
Germany

Telefon: +49 6241 506 19 00

support@kalypsomedia.com

 

Latest Update: November 14, 2017