1.2 Different conditions apply if a contract is concluded by the customer on the sales platform. Depending on the object of the contract, i.e. the product to be purchased and/or the service ordered, a contract is concluded between the customer and various companies:
1.2.1 If software is acquired by download, i.e. simulations, other games, add-ons and other software, the customer's contracting partner is always the producer specified in each case (also referred to as the "Publisher"). In these cases Simplace is therefore merely the representative (also authorised recipient) of the producer specified in each case and takes receipt of the customer's declarations on the sales platform as well as payments in order to forward them to the respective producer as the customer's contracting partner. Contrary to aforementioned, in these cases (subsection 1.2.1 sentences 1 and 2) Simplace and not the publisher is considered as contractual partner for VAT purposes, where a EU resident is the (non-taxable) final consumer and as such the recipient of the download services.
1.2.2 Different conditions apply if software is purchased on data carriers pre-produced by the producer and if hardware is purchased. Either the customer's contracting partner is the producer specified in each case; in these cases Simplace is therefore also merely the representative (also authorised recipient) of the producer specified in each case. Alternatively, Simplace becomes the customer's contracting partner, i.e. sells the product in his own name and for his own account, so that a legal relationship is not formed between the producer of the product and the customer. Within the scope of the ordering process Simplace clarifies to the customer for each individual product prior to concluding the contract which of the two conditions applies and who the customer's respective contracting partner is. Regardless of whether the customer's contracting partner is Simplace or the respective producer, Simplace may engage the producer to render support services to the customer.
1.3 The customer is personally responsible for the topicality and suitability of the software and hardware he uses.
1.4 Any provisions or general terms and conditions of business of the customer deviating from these terms and conditions shall only apply if Simplace has expressly agreed to their application in writing beforehand.
1.5 All prices mentioned on the sales platform include the respective applicable VAT.2 Conclusion of the contract
2.2 The customer shall submit this offer by sending the order through activation of the "Buy" button after going through the ordering process. The customer may view, amend and delete the order data at any time before sending off the order.
2.3 After ordering the customer will be sent an order confirmation by email via the internet to the email address he specified during the ordering process. This order confirmation is not an acceptance of the offer, but merely information concerning receipt of the order reiterating the order data.
2.4 The contract between the customer and the contracting partner pursuant to subsection 1 shall be formed in the case of subsection 1.2.2 through dispatch of the ordered product and in the case of subsection 1.2.1 through provision of the link to download the product. It is at Simplace's own discretion whether to accept the offer.3 Payment
Withdrawal instructionsRight of revocation
If you cancel this contract, we shall pay back to you all the payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from that fact that you chose a different type of delivery than the cheapest standard delivery that we offer) promptly and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment we shall use the same mode of payment that you used for the original transaction unless otherwise expressly agreed with you; on no account will you be charged a fee for this repayment. We may refuse to repay you the money until we have received the goods or until you have furnished proof that you have sent back the goods, whichever is the earlier.You shall send back the goods to the producer or surrender to them without delay and in each case no later than within fourteen days from the date on which you inform us of the revocation of this contract. The deadline has been met if you dispatch the goods before the end of the deadline of fourteen days."You shall bear the direct costs of returning the goods.You must only pay us compensation for loss of value of the goods if this loss of value is attributable to unnecessary handling of the goods to examine the quality, characteristics and functionality of the goods.
5 Delivery of the goods or provision of the download link
5.1 In the case of subsection 1.2.2 the goods shall be delivered to the delivery address stated within the scope of registration.
5.2 In the case of subsection 1.2.1 delivery shall be through provision of a link for downloading the product. The link shall be provided on Simplace via the customer account after completion of the ordering and payment process.
5.3 The goods will not be delivered and/or the download link will not be provided until after payment has been received.
5.4 The permanent provision of backup files and product keys in the customer account is a free service of Simplace. However there is no aquired entitlement to this service that can be stopped at any moment after delivery of the product purchased and no legal claim can be made to this service. The customer is responsible for securing the delivered product keys and/or downloaded files for future use.
6 Offset, right of retention
The customer only has a right to offset if his counterclaims have been finally established in law or have been recognised by Simplace. In addition, he is authorised to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.
7 Liability and warranty for defects
7.1 The customer's warranty rights are laid down by law.
7.2 Claims for damages due to a breach of duty and for a tortious act are excluded vis-á-vis both Simplace and its assistants and vicarious agents.
7.3 The liability restriction under subsection 7.3 does not apply if the damage was caused intentionally or through gross negligence and in the event of the infringement of essential contractual obligations, i.e. such obligations whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place, the observance of which the customer may therefore normally rely upon and whose infringement on the other hand places the achievement of the purpose of the contract at risk. The liability restriction also does not apply to damage arising from loss of life, personal injury or illness if Simplace is responsible for the breach of duty. The restriction shall also not apply to damage which is based on the lack of an assured characteristic or for which liability under the Netherlands Product Liability Act (article 6:190 of the Civil Code) is envisaged.
8 Customer Accounts
Customer accounts are not transferable. Granting access to third parties is strictly prohibited.
The use of personal data is explained in our data protection declaration.
The Netherlands law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Additional information:No commercial use