General Terms and Conditions (GTC) of Chaos Industries
Introduction
These General Terms and Conditions (“GTC”) govern the relationship between Chaos Industries (“Chaos Industries”) and you, the customer. The Privacy Policy of Chaos Industries (“Privacy Policy”), as amended from time to time, as well as all rules and instructions for specific activities, surveys, or other offers that expressly amend these GTC (all such terms hereinafter collectively referred to as “Chaos Industries Terms”), govern your use of the website and all other products, online services, or websites offered by us. These GTC may be adjusted from time to time. The use of Chaos Industries’ services constitutes acceptance of these terms. If you do not agree to these GTC, you must immediately cease using the Chaos Industries services and website or any part thereof.
§ 1 Scope and Contractual Basis
(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers via the online shop of:
Chaos Industries
Proprietor: Dietrich-Gabriel Bunga
Wellhauserweg 16
8500 Frauenfeld
Switzerland
Email: office@chaos-industries.info
Phone: +41 79 554 32 10
UID Number: CHE-385.799.778
(hereinafter referred to as the “Seller”)
(2) These GTC are an integral part of every purchase contract. By submitting an order, the customer agrees to these GTC in their entirety and without reservation. A purchase is not possible without accepting these GTC. Acceptance is given by actively ticking a designated checkbox during the ordering process.
§ 2 Customer Account and Registration
(1) To make purchases in our webshop, the creation of a customer account on the Chaos Industries website is required. For questions regarding account registration, please contact us at office@chaos-industries.info.
(2) You are responsible for procuring all necessary equipment and telecommunication services to access the Chaos Industries services at your own expense.
(3) Only “natural persons,” as opposed to any kind of legal entities (e.g., corporations, limited liability companies, and/or partnerships), are permitted to create an account. By accepting these GTC and creating an account, you represent that you are of legal age and have the legal capacity to enter into contracts in your jurisdiction.
(4) You agree to comply with these GTC on your own behalf and not to share this account with any other person. You are solely responsible and fully liable for all activities conducted through your account and are responsible for ensuring that your password is not known to third parties.
§ 3 Account Deletion and Termination
(1) Deletion by the Customer: You have the right to delete your account at any time. To do so, please contact office@chaos-industries.info. Upon your request, Chaos Industries will delete all personal data for which storage is not required by law (e.g., tax retention obligations).
(2) Termination by Chaos Industries: Chaos Industries is entitled to suspend or terminate your account after informing you of a material breach of these GTC, or of any illegal or improper use of your account or the Chaos Industries services.
(3) Consequences of Termination: Termination may result in the loss of data stored in your account. If your account is terminated by Chaos Industries, you may not create a new account or participate in our services without our express written consent. To request reinstatement, contact us at office@chaos-industries.info.
(4) Chaos Industries reserves the right to refuse to maintain accounts and provide services to any individual at its sole discretion. You are not permitted to allow individuals whose accounts have been terminated by us to use your account.
§ 4 Nature of the Goods (Digital Goods)
(1) Digital goods within the meaning of these GTC include in-game elements such as spaceships, vehicles, characters, items, points, and credits (collectively “virtual goods”), pledges that grant you access to said game elements, as well as blueprints for creating such elements in the respective game, and complete game accounts.
(2) Virtual goods remain the property of the respective game provider at all times. You acknowledge and agree that by purchasing, you acquire a limited license right to access and use virtual goods, subject to the terms of service of the respective game provider.
(3) Virtual goods can at no time be redeemed for monetary amounts or monetary value from the respective game provider.
(4) The corresponding game provider is, in particular: ► Cloud Imperium Games for the digital merchandise for the game Star Citizen.
(5) Chaos Industries also offers content for games prior to their final release (“Pre-Release Content”). You agree that digital goods for such games may not be available in-game at the time of purchase and that this content may be changed by the game developer without separate notice until the game’s release. If you are unsure whether an item is already available in-game, please contact our customer service.
§ 5 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
(2) By clicking the button [Text of the order button, e.g., “Order with obligation to pay”], you place a binding order for the goods in your shopping cart.
(3) We will confirm receipt of your order immediately by email. This confirmation of receipt does not yet constitute acceptance of your purchase offer.
(4) The purchase contract is concluded only when we accept your order through a separate order confirmation by email or by dispatching the goods.
§ 6 Prices and Payment Terms
(1) The prices listed on the product pages are final prices in US Dollars (USD) and include statutory value-added tax (if applicable).
(2) We reserve the right to change our prices, fees, and billing methods listed on the website at any time. Such changes will become effective immediately upon their publication on our website. However, the price applicable to your order will always be the price displayed at the time of the binding order. Prices published on other platforms by Chaos Industries do not apply to purchases made via the Chaos Industries website.
(3) Additional shipping costs may apply and will be displayed during the ordering process.
(4) For deliveries to countries outside of Switzerland, additional customs duties, taxes, and fees may apply, which are to be borne by the customer.
(5) The customer may use the following payment methods: PayPal, Credit Card, Cryptocurrency (Bitcoin, USDC, USDT).
(6) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Goods, Delivery, and Acceptance of Digital Goods
(1) A prerequisite for receiving digital goods is an active and valid game account with Cloud Imperium Games for the game “Star Citizen”. The customer is solely responsible for the creation and management of this account.
(2) Chaos Industries offers new customers the following benefit: If a customer creates their Star Citizen account via the referral link provided by Chaos Industries, https://www.robertsspaceindustries.com/enlist?referral=STAR-PFSL-BZ55, and subsequently makes their first purchase from Chaos Industries, we will grant a one-time credit of 5 US Dollars. At the discretion of Chaos Industries, this credit will be issued either as a refund on the completed order or as credit for a future purchase in the customer’s account. This offer is applicable only once per customer.
(3) We reserve the right to inform you of any errors in the product description or pricing before dispatching the goods. If you agree to the delivery under the modified conditions, the contract is concluded accordingly. In the event of material errors in product listings, we are entitled to cancel and refund your purchase.
(4) You acknowledge that item images are example screenshots and that non-game-relevant details (e.g., creation date) may differ.
(5) We strive to deliver digital goods within 24 hours. Title and risk pass to you upon delivery to the specified delivery address (e.g., email or game account). It is your responsibility to accept the delivery. If you do not accept a delivery within 180 days, you forfeit your rights to the item.
§ 8 Right of Withdrawal for Consumers in the EU
Consumers with a habitual residence in the EU are entitled to the following statutory right of withdrawal:
Information on the Right of Withdrawal
Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us ( Chaos Industries, Wellhauserweg 16, 8500 Frauenfeld, Switzerland, Phone: +41 79 554 32 10, Email: office@chaos-industries.info ) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, i3ncluding the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contr4act.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To: Chaos Industries, Wellhauserweg 16, 8500 Frauenfeld, Switzerland, Email: office@chaos-industries.info
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Expiration of the Right of Withdrawal for Digital Goods The right of withdrawal for digital content expires prematurely if you have expressly consented during the order process by actively ticking a checkbox with the following content: “☐ I expressly agree that you shall begin with the performance of the contract before the withdrawal period has expired. I am aware that by giving my consent, I lose my right of withdrawal upon the commencement of the contract’s performance.” With this active consent, the performance of the contract begins before the end of the withdrawal period, and your right of withdrawal expires at that moment. Refund Fees and Partial Refunds Insofar as a refund is granted and is not due to a fault of Chaos Industries or does not fall under the statutory right of withdrawal, the customer agrees to the following conditions: a) A refund fee of 5% of the refund amount will be retained. This fee covers the transaction fees retained by the payment processor and costs associated with the administrative effort of Chaos Industries. If the fee retained by the payment provider for the transaction exceeds 5%, the actual fee of the payment provider will be deducted instead. b) Products that have been duly delivered are generally non-refundable, as set out in the “Expiration of the Right of Withdrawal” section. c) If a refund is requested and granted for a specific item within a multi-item order, Chaos Industries will process the refund exclusively for that specific item.
§ 9 Warranty (Liability for Defects) and Exclusion of Liability for Manufacturer Defects
(1) The customer acknowledges and accepts that Chaos Industries is not the manufacturer of the digital goods sold, but offers them as a seller.
(2) For this reason, the warranty and liability for defects of the Seller is limited as follows: The Seller exclusively warrants the proper and as-described delivery of the digital item to the game account or email address specified by the customer. A defect exists only if the wrong item is delivered or if a feature explicitly guaranteed at the time of purchase is missing upon delivery.
(3) Any warranty and liability for the functionality, appearance, features, or future changes to the digital good by the manufacturer, Cloud Imperium Games, is hereby completely excluded.
(4) For a defect as defined in paragraph 2, the following applies to customers from the EU: If such a defect becomes apparent within the first year after delivery of the goods, it shall be presumed that the defect already existed at the time of delivery.
§ 10 Chaos Industries Security Program
(1) Our Star Citizen products are subject to the “Chaos Industries Security Program,” which offers additional protection after purchase.
(2) This program covers the following for a period of up to 100 days after purchase:
- a) Assurance of correct product delivery.
- b) Protection against fraudulent removal of items after delivery.
- c) Support in case of discrepancies regarding the delivered item.
- d) Protection against account recovery by the original owner (applies only to purchased game accounts).
(3) In the event of a problem covered by this program, Chaos Industries will ensure that a solution is found, a suitable replacement product is delivered, or the purchase price is fully refunded.
(4) You acknowledge and agree that the protection from this program is voided if you open a dispute with your payment provider (e.g., a credit card chargeback) before contacting our support team to find a solution.
(5) We point out that the security program does not apply in cases where the game developer has imposed a ban or other sanctions due to violations of its terms of service.
(6) For claims under the security program, please contact Chaos Industries support via live chat or by email at office@chaos-industries.info.
§ 11 Liability
(1) The Seller is unrestrictedly liable for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty.
(2) For other damages, the Seller is liable only for intent and gross negligence.
(3) To the extent permitted by law, you acknowledge that Chaos Industries is not liable for the acts or omissions of third parties regarding conduct, communication, or content on the website.
(4) In no event shall the total liability of Chaos Industries exceed the amount you paid for the respective product. Liability for indirect or consequential damages, including lost profits, is excluded.
(5) Chaos Industries is in no way liable for problems or damages that occur with the game provider (Cloud Imperium Games) and are related in any way to the use of digital goods purchased from Chaos Industries.
§ 12 Data Protection
The Seller processes the customer’s personal data for specific purposes and in accordance with statutory provisions (in particular the Swiss Federal Act on Data Protection, FADP, and the EU General Data Protection Regulation, GDPR). Further information can be found in our separate Privacy Policy at: [Link to your Privacy Policy].
§ 13 Online Dispute Resolution for Consumers in the EU
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/.
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board
§ 14 Final Provisions
(1) Applicable Law: These GTC are governed by and construed in accordance with Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with a habitual residence in the EU, the mandatory provisions of the consumer protection law of their home country also apply.
(2) Dispute Resolution and Jurisdiction: You agree to first enter into direct negotiations with Chaos Industries in the event of a dispute. If no agreement can be reached, the place of jurisdiction shall be your place of residence or our place of business in Frauenfeld.
(3) Severability Clause: Should any provision of these GTC be found to be invalid, it shall be interpreted in a manner consistent with applicable law to reflect the original intentions of Chaos Industries as closely as possible. The validity of the remaining provisions shall not be affected.
(4) Waiver: The failure of Chaos Industries to exercise or enforce any right or provision of these GTC shall not constitute a waiver of such right or provision. Any waiver is effective only if in writing and signed by Chaos Industries.
(5) Force Majeure: Chaos Industries shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control (Force Majeure).
(6) Service Interruptions: Chaos Industries reserves the right to temporarily suspend its online services for maintenance without prior notice or compensation.