General Terms and Conditions

I. Scope of application

 

1.    These General Terms and Conditions apply for the business relations between Fortune Oceans Holdings Ltd, Unit 1303, 13/F, Podium Plaza, 5 Hanoi Road, Tsimshatsui, Kowloon, Hong Kong and the customer. Conflicting conditions or conditions divergent from these General Terms and Conditions are not accepted and are hereby emphatically objected by the Fortune Oceans Holdings Ltd. Conflicting conditions of the customer only apply when Fortune Oceans Holdings Ltd has explicitly agreed in written form.

2.   The Fortune Oceans Holdings Ltd is at any time entitled to change or amend these General Terms and Conditions. For contracts that were placed before the change of the General Terms and Conditions, the version that was valid at the point of the order applies.


II. Fundamental features of the Fortune Oceans Holdings Ltd’ services

1.    Fortune Oceans Holdings Ltd offers services in connection with online games. These services are destined for a “character” that the customer operates in an online game or for an online game customer account. Fortune Oceans Holdings Ltd provides the customer with “virtual goods” that mainly consist of virtual valuables, with which the customer can equip his character or account. Fortune Oceans Holdings Ltd does not offer virtual goods of which we know or have reason to believe that they were acquired by means of so-called “cheating”.

2.   Fortune Oceans Holdings Ltd additionally offers to conduct arranged tasks with the customer’s character that lead to an increase in points in the online game’s account (high-skilling, high-leveling). Fortune Oceans Holdings Ltd takes part in the online game with the customer’s account or character respectively until the goals that were agreed-upon are reached. This service especially includes the carrying out of specific tasks (“quests”) such as reaching a certain number of experience points or “levels” or obtaining certain “skills.” Fortune Oceans Holdings Ltd does not use “cheats” to carry out these tasks.

3.   Fortune Oceans Holdings Ltd sells software and CD-keys for online games.


III. Customer requirements

The customer has to fulfill certain requirements depending on the online game in order to be able to use the services of Fortune Oceans Holdings Ltd. These requirements usually consist of being registered with the operating company of the online game, to have an account and to buy software. We point out the resulting legal relations with the operating company and the connected costs. 

IV. Risks for the customer regarding the services

1.    Fortune Oceans Holdings Ltd takes all possible precautions in order to keep the customer’s account information secret and to avoid spying by a third party. The customer is obliged to enhance the security by means of encrypted data transmission and changes of password after the service provision.

2.   Fortune Oceans Holdings Ltd is not an operator of online games and therefore does not take responsibility for circumstances that lie beyond its sphere, especially regarding the accessibility or operation of the particular online game after the service provision by Fortune Oceans Holdings Ltd.

3.   The use of services by Fortune Oceans Holdings Ltd can lead to the closing of the customer’s account by the operator of the online game or similar measures. In these cases Fortune Oceans Holdings Ltd does not take any liability.

V.  Steps to the Conclusion of the Contract

1.    The customer chooses a product by clicking the button “buy now.” The product will be placed into the shopping cart and the shopping cart will be displayed with the relevant product information. In order to select another product the customer can navigate towards it and click on it. The product will be added to the shopping cart and the updated shopping cart with the articles that it contains will be displayed. This process can be repeated. The updated content of the shopping cart can be viewed by clicking the button “update.” Products can be removed from the shopping cart by clicking the button “remove”.

2.   When the customer has completed his selection, he clicks on the “pay now “ button. If he is not registered yet, he has to complete a registration now by clicking on the link “continue” for new customers and following the instructions. Registered users enter their registration information and click on the “log in” button.

3.   The customer thereby gives a binding offer to Fortune Oceans Holdings Ltd. Entry errors can be corrected via the common keyboard and mouse functions before sending the order.

VI. Conclusion of the contract

1.    The article catalogue that is displayed on this website does not constitute an offer in a legal sense, but rather an invitation to the customer to submit an offer. Not until the customer places an order does he extend his offer towards a conclusion of a contract between the Fortune Oceans Holdings Ltd and the customer.

2.   After the incoming of the customer’s offer at Fortune Oceans Holdings Ltd, the customer receives a confirmation email that confirms the incoming of the order at Fortune Oceans Holdings Ltd (order confirmation).

3.    The customer has to make sure that his reachability via Email is guaranteed so that Emails from Fortune Oceans Holdings Ltd can reach him. He should therefore check the security settings, for example of the spam-filter and possible junk mail-accounts.

4.    The conclusion of the contract between the customer and Fortune Oceans Holdings Ltd is only effectuated when the customer receives an explicit order confirmation. This order confirmation contains all details regarding the customer’s order and can also fulfill the function of an acknowledgement of receipt.

VII. Payment

1.    The payment methods are limited to advance payment (bank transfer, cash, check) and PayPal. The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only Fortune Oceans Holdings Ltd is authorized to offer this payment method. For payment on account, the payment period is 10 days.

2.   The customer is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed.

3.   The customer can only exercise a right of retention when his counterclaim is based on the same contractual relationship.

VIII. Scope of services and service reservations

1.    Fortune Oceans Holdings Ltd generates the services that are agreed upon via contract according to the current status of the online game concerned. Especially in cases of changes of the online game by the operator, Fortune Oceans Holdings Ltd reserves the right to render the services divergent from the information on the website, as long as the basic service content is not affected by this.

2.   By means of service provision, Fortune Oceans Holdings Ltd transmits only such rights onto the customer to which Fortune Oceans Holdings Ltd is authorized to having in regards to the immaterial and other rights of the game operator.

3.   Fortune Oceans Holdings Ltd is authorized to withdraw from the contract as far as it does not receive the object of services despite previous conclusion of a contract. Fortune Oceans Holdings Ltd will immediately inform the customer regarding the failure of the delivery to us from our suppliers and will refund the already received payment promptly without delay in case of the customer’s withdrawal from the contract.

IX. Service time and default

1.    The rendering of services takes place after the payment has been received on the account of Fortune Oceans Holdings Ltd.

2.   The delivery deadline is to be gathered from the article description. The customer is authorized to withdraw from the purchase if the rendering of services is not possible due to extraordinary situations.

3.   In case of a failure to comply with the delivery deadline for other reasons, the customer is further authorized to set an adequate grace period in writing under penalty of refusal and to withdraw from the contract after the unsuccessful expiration of the contractual services or delivery. Fortune Oceans Holdings Ltd reserves the right to partial performance if this option seems beneficial for a speedy processing and is reasonable for the customer.

X.  Receipt of Services

1.    The modalities for services and receipt of services by the customer are adjusted to the respective circumstances of the online game and are to be taken from the article description.

2.   For the provision of virtual goods, acts of cooperation by means of the contract partner might be necessary, especially regarding a virtual manner of acceptance in such a way that one of each contract party's characters meet in the online game in order to exchange the virtual goods. In such a case, Fortune Oceans Holdings Ltd will suggest date, time and location of the meeting to the customer and take the customer’s wishes into consideration as far as possible.

3.   The services for “high-skilling” or “high-leveling” comply with the online game’s guidelines.  It requires at least the transmission of the account dates (login-name and password and further information) by the customer to Fortune Oceans Holdings Ltd. In the course of the service provision and the use of the account by Fortune Oceans Holdings Ltd the customer is not allowed to use the account simultaneously.

XI. Limitation of Liability

The liability of Fortune Oceans Holdings Ltd for contractual breaches of duty as well as offense is limited to criminal intent and criminal neglect. This does not apply for injuries of life, body or health of the customer or claims regarding breach of cardinal obligations or compensation for damage caused by delay. In the aforementioned respect, Fortune Oceans Holdings Ltd is liable for any degree of fault.


XII Guarantee

The guarantee takes place according to the legal provisions.

XIII Reservation of Ownership


Rights transferable to the customer in compliance with § VIII.2 of these regulations by Fortune Oceans Holdings Ltd do not precede until the complete payment.   

XIV. AOB

1.    The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable.

2.   The contract data consisting of the wording of the contract and the general terms and conditions are saved by Fortune Oceans Holdings Ltd. The customer can request the saved data after the conclusion of the contract from Fortune Oceans Holdings Ltd via Email (Email address: support@ibay24.de) The customer can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s).

3.   The contractual language is in English. Contends in other languages on this webpage are non binding translations.

4.   If the customer is a merchant or has no general jurisdiction (legal domicile) within the country, Hong Kong is the exclusive local jurisdiction for any disputes arising from this contractual relationship.

5.   Hong Kong law applies to the exclusion of the Uniform Law on the International Sale of Goods (CISG).

6.   Should one clause of this agreement become completely or partially ineffective or loses its validity later on, the validity of the remaining regulations remains unaffected. In place of the ineffective regulation the legal specifications apply.

 

Operator of this Webshop:
Fortune Oceans Holdings Ltd
Unit 1303, 13/F, Podium Plaza, 5 Hanoi Road, Tsimshatsui
Kowloon
Hong Kong

Legal agent: CEO Jifang Wang

Trade Register Hong Kong: No 1061766

Email: support@ibay24.de

The address that was stated above is at the same time the cargo capacity address.

Date: June 2008

Copyright © lawyer’s office Sonnenberg, Düsseldorf; www.ra-sonnenberg.de
All rights reserved.

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