This agreement applies as between you, the User of this Web Site and Rochade Kids UG trading as Chess Tales, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Chess Tales” means Rochade Kids UG (haftungsbeschränkt) of Cannstatter Strasse 13, 71394 Kernen, Germany;
“Service” means collectively any online facilities, services or information that Rochade Kids UG makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Rochade Kids UG makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Rochade Kids UG and acting in the course of their employment
“Web Site” means the website that you are currently using (www.chess-tales.com).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Rochade Kids UG, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Rochade Kids UG.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Rochade Kids UG or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.chess-tales.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Rochade Kids UG. To find out more please contact us by email at info@chess-tales.com.
Your Account
Using our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.
To access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
Basis of Sale and Service
Rochade Kids UG’s employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by Rochade Kids UG in writing. In entering into this agreement, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and Rochade Kids UG .
Sales literature, price lists and other documents issued by Rochade Kids UG in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by Rochade Kids UG and no contract for the sale of the Goods and Services shall be binding on Rochade Kids UG unless Rochade Kids UG has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:- Rochade Kids UG ‘s written acceptance; delivery of the Goods; or Rochade Kids UG ‘s invoice.
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Rochade Kids UG shall be subject to correction without any liability on the part of Rochade Kids UG .
The Goods
No order submitted by the Customer shall be deemed to be accepted by Rochade Kids UG unless and until confirmed in writing by Rochade Kids UG ‘s authorised representative.
The specification for the Goods shall be those set out in Rochade Kids UG ‘s sales documentation unless varied expressly in the Customer’s order (if accepted by Rochade Kids UG ). The Goods will only be supplied in the minimum units (or multiples) stated in Rochade Kids UG ‘s price list or in multiples of the sales or as specified. Orders received for quantities other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by Rochade Kids UG are intended as a guide only and shall not be binding on Rochade Kids UG .
Rochade Kids UG reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to Rochade Kids UG ‘s specification, which do not materially affect their quality or performance.
No order which has been accepted by Rochade Kids UG may be cancelled by the Customer except with the Agreement in writing of Rochade Kids UG on the terms that the Customer shall indemnify Rochade Kids UG in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Rochade Kids UG as a result of cancellation.
Price
The price of the Goods and Services shall be the price listed in accepted order current at the date of acceptance of the Customer’s order or such other price as may be agreed in writing by Rochade Kids UG and the Customer.
Rochade Kids UG reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to Rochade Kids UG which is due to any factor beyond the control of Rochade Kids UG (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Rochade Kids UG adequate information or instructions.
Except as otherwise stated under the terms of any accepted order or in any price list of Rochade Kids UG , and unless otherwise agreed in writing between the Customer and Rochade Kids UG , all prices are inclusive of Rochade Kids UG ‘s charges for packaging and transport as specified in the accepted order.
Privacy
For the purposes of applicable data protection legislation, Rochade Kids UG will process any personal data you have provided to it in accordance Privacy Policy available on the Rochade Kids UG website or on request from Rochade Kids UG.
You agree that, if you have provided Rochade Kids UG with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rochade Kids UG and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Rochade Kids UG’s website or otherwise provided a copy of it to the third party. You agree to indemnify Rochade Kids UG in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
Rochade Kids UG makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Rochade Kids UG accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Rochade Kids UG accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Rochade Kids UG’s liability for death or personal injury resulting from any negligence or fraud on the part of Rochade Kids UG.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the German Act against Unfair Competition. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@chess-tales.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Rochade Kids UG shall be governed by and construed in accordance with the Law of Germany and Rochade Kids UG and you agree to submit to the exclusive jurisdiction of the Courts of Baden-Württemberg.
