Terms and conditions of business

1. Scope of application 

Only the following General Terms and Conditions apply to the business rela-tions between our company (in the following referred to as "OUR COMPANY", operator of the fan shop www.iwfriends.com) and the cus-tomer in their form at the date of the order. OUR COMPANY does not acknowl-edge differing conditions of the customer except if OUR COMPANY had ap-proved their application expressly and in writing.

2. Registration/IW points 

In order to be able to purchase a product offered by OUR COMPANY or to re-ceive payments of a credit from a betting account with Interwetten Gaming Ltd.., the customer has to register with OUR COMPANY. A registration of persons un-der 18 years is inadmissible. When registering, an account is created for the customer; the IW points purchased by the customer are credited to this ac-count and the customer may only claim his IW points from Interwetten Gaming Ltd. by payments according to the General Terms and Conditions of Interwetten Gaming Ltd. and when purchasing products from OUR COMPANY IW points are charged off.

The customer may purchase IW points by payments of a credit with Interwetten Gaming Ltd. in the following currencies:

• 1 EUR –  100 iwEUR
• 1 USD –  100 iwUSD
• 1 CHF  –  100 iwCHF
• 1 GBP –  100 iwGBP
• 1 SGD –  100 iwSGD
• 1 TRY –  100 iwTRY
• 1 RON –  100 iwRON
• 1 CZK –  100 iwCZK
• 1 PLN –  100 iwPLN
• 1 HUF –  100 iwHUF
• 1 DKK –  100 iwDKK
• 1 SEK –  100 iwSEK
• 1 NOK –  100 iwNOK 

The currency the customer's account with Interwetten Gaming Ltd. is in shall match the currency the account of the same customer with OUR COMPANY is in. After registration, the customer may order services from the complete product range of OUR COMPANY (goods and vouchers). Vouchers may only be purchased if the customer also holds a betting account with Interwetten Gaming Ltd. All price quotations published by OUR COMPANY in IW points or the customer's account's currency do not include value-added tax. Taxes as well as delivery and forwarding charges are calculated based on the delivery address and are announced to the customer before they issue their order.

3. Offers 

The product range offered by OUR COMPANY is divided into physical goods on the one hand and vouchers on fixed deposited values of the currency the customer's account with OUR COMPANY is in which are only useable with Interwetten Gaming Ltd. on the other hand. A condition for the purchase of vouchers is a registration on the website of Interwetten Gaming Ltd. (www.interwetten.com) (see paragraph 2). Vouchers are non-transferable.

4. Making a contract 

The display of goods and vouchers on the OUR COMPANY

website only repre-sents an invitation to offer. When submitting an order the customer issues a binding offer to make a purchase contract. Any contract only forms with receiving the confirmation of order by OUR COMPANY via e-mail. The purchase price becomes due immediately after ordering. Delivery is only made after full arrival of the purchase price. If the outstanding amount has not arrived fully to OUR COMPANY within 14 days, OUR COMPANY reserves the right to withdraw from the contract. In case of withdrawal from the contract, partial payments which were already made are reimbursed to the customer the same way the corresponding payment was made. The customer shall bear arising bank charges.

All offered products may only be ordered online. We reserve the right to change the prices before ordering. Goods and vouchers are not intended to be resold and are available while stock lasts. Physical goods are sold only in small amounts. Please note that OUR COMPANY offers its range of physical goods only partly in particular countries. For the time being physical goods are only available to customers with a delivery address in Austria or Germany.

5. Ordering limit 

There is an ordering limit for new customers paying by credit card. Customer service may individually adjust the limits for specific customers.

6. Payment

The customer may only pay the purchase price for the physical goods and vouchers offered by OUR COMPANY by bank transfer, credit card or with IW points saved on their trade account. Payment in cash is excluded in any case. In case the customer does not have sufficient IW points on their trade account, it is possible to pay the remaining amount by credit card or bank transfer. New customers whose IP address does not match the country they have stated as their domicile may only pay by bank transfer.
 
If the customer pays by credit card, OUR COMPANY charges the customer with a handling charge of 2% of the order price (exclusive of delivery charges and VAT if applicable); in case of payment by bank transfer the customer shall bear all bank charges.

7. Right of withdrawal

A consumer may withdraw from a contract formed in distant selling or a con-tractual statement made in distant selling within the statutory period. It is suffi-cient if the withdrawal notice is sent within the period. The withdrawal period is 4 weeks. In case of a contract on delivery of goods it starts with the con-sumer's acceptance of the goods, in case of a contract on services on the day of contract formation, in case of purchase of vouchers on the day the voucher is purchased. The withdrawal period ends 3 months after delivery of the goods if OUR COMPANY has not fulfilled its legal duty of information. If OUR COMPANY fulfils its duty of information within this period, the period of 4 weeks to execute the customer's right of withdrawal starts at the time of the in-formation transfer by OUR COMPANY.

To meet the deadline for execution of the right of withdrawal timely mailing of withdrawal notice by mail, e-mail or fax to the following address shall suffice.

Withdrawal notice shall be addressed to:
 

OUR COMPANY 
2nd Floor, Global Capital Building
Testaferrata Street
Ta'Xbiex XBX 1403
Malta
E-Mail:service.de@iwfriends.com
Fax:  +356 2327 6400 

In case of withdrawal the customer shall return the purchased goods and vouchers affected by the withdrawal to OUR COMPANY immediately after issuing the withdrawal notice. To ensure quicker processing they shall enclose a copy of the bill and a completed return form. The customer bears the return costs except for delivered goods which do not match the ordered goods. In case of a voucher purchase, the voucher is cancelled by OUR COMPANY after receiving the withdrawal notice.

Returned goods shall be sent to:
PRO PREMIO Promotion Products

Grodnau 41
7433 Mariasdorf
Austria
 

The right of withdrawal does not apply in case of distance selling contracts:

a) on delivery of goods that have been manufactured according to cus-tomer specifications or clearly tailor-made to personal needs or that are not suitable for returning due to their nature or may spoil quickly or that are past their expiry date; 

b) on delivery of audio or video recordings or of software if the delivered data carrier has been unsealed by the consumer or 

c) on delivery of newspapers, journals and magazines. 

d) for the purchase of vouchers that are not returnable by the customer as they have already been used up.

8. Consequences of withdrawal 

In case of an effective withdrawal, the services received by both parties shall be given back and, if applicable, a reasonable remuneration for use including a reimbursement for lowering of the service's general value shall be paid. If it is not possible to return the received service of OUR COMPANY fully or in part the customer shall pay compensation for the service's value in so far. In case of surrender of goods, compensation for the service's value shall not be paid if the deterioration of the item only can be reduced to its examination - as it would have been possible in a shop. 

For products returned in time, OUR COMPANY immediately reimburses the pur-chase price less forwarding costs to the customer the same way the corre-sponding payment was made. The customer shall bear arising bank charges.

9. Delivery 

Delivery of physical goods is made at risk and cost of the customer to the de-livery address stated by the customer. Vouchers directly show on the betting account the customer holds with Interwetten Gaming Ltd. and can be called up on the website www.interwetten.com. The customer may use up the vouchers via their betting account on the payment site of Interwetten Gaming Ltd. per mouse click. A voucher may only be used up in full. There is no bill issued for vouchers.

Delivery is made to the address stated by the customer which may differ from the address stated at registration. For the time being physical goods are only available to customers with a delivery address in Austria or Germany. The bill is issued to the registration address in any case and sent to the customer via e-mail.

If OUR COMPANY is not able to deliver the ordered product through no fault of OUR COMPANY because OUR COMPANY's supplier does not fulfil its contractual obligations, OUR COMPANY has the right of withdrawal towards the customer. In this case the customer is informed immediately that the ordered product is not available.

10. Warranty 

There is a warranty period of 24 months for physical goods delivered by OUR COMPANY. Obvious faults have to be announced immediately with evi-dence and in writing, the latest within 14 days after the goods' acceptance by the customer. If the purchased item is faulty, OUR COMPANY is obliged to cor-rect the faults or to deliver a replacement. If it is not possible to correct the faults / deliver a replacement, the customer is entitled to rescission of sale. Cession of this claim by the customer is ruled out.

If the supplementary performance has been made by delivering a replace-ment, the customer is obliged to return the previously delivered goods to OUR COMPANY within 30 days at cost of OUR COMPANY. If the goods do not ar-rive at OUR COMPANY within this period, OUR COMPANY is entitled to charge the purchase price for the replacement product to the customer's account. 

11. Liability 

OUR COMPANY is only liable in case of intent or criminal neglect of OUR COMPANY or its bodies and vicarious agents; liability for minor neglect is excluded. The preceding limitation of liability does not apply if a personal injury is at hand. Furthermore, it does not apply if the customer put forth a product liability claim. 

12.  Refund of IW points

IW points credited to the customer's account may be converted into money at any time and its payment per bank transfer may be requested. The customer shall bear all bank expenses. IW points may only be converted and paid in money of the currency the customer's betting account with Interwetten Gaming Ltd. is in.

13. Privacy 

The customer agrees that OUR COMPANY automatically saves and processes the recorded data. The personal data, bank information and possible credit card numbers connected to orders or registration are processed electronically according to effective data protection regulations and used to identify the cus-tomer, process the order and delivery and for marketing purposes.

The customer agrees that the recorded data is passed on to Interwetten Gaming Ltd. to use up vouchers, convert credit of the customer with Interwetten Gaming Ltd. to IW points and identify the customer, process the orders and for market-ing purposes. The customer is entitled to protest against the use of their data any time. The protest shall be sent via e-mail to the address ser-vice.de@iwfriends.com or by fax to the fax number +356 23 276 401. The customer expressly agrees that their account with OUR COMPANY is shut down at the receiving of their protest against the further use of their personal data, bank information and credit card numbers. Possible existing IW points are converted automatically to the corresponding currency units and paid off to-gether with other credit amounts less bank charges. Payment may only be made in the currency the customer's account with Interwetten Gaming Ltd. is in. The data is not passed on to any third party. On request of the customer, cus-tomer data is deleted on fulfilment of contract and expiry of the warranty period but otherwise saved for seven years after processing the customer's last transaction with OUR COMPANY.

14. Final clause

It is taken as agreed that Maltese law applies excluding conflict rules. Any possible disputes will be settled exclusively before the court of law locally and factually competent for Valetta (Malta). 

If individual contract regulations are or become invalid in part or in full, the rest of the contract remains effective. In case of such invalidity the contract parties will agree on a legally effective replacement regulation commercially as close to the invalid regulation as possible. The same applies if a gap in the contract is discovered. 

There are no oral supplementary agreements. To be effective, changes or amendments to the regulations included in these Conditions need to be set down in writing. 

Version 6.3

General Terms and Conditions as amended: 26.10.2011