DNCIS is a part of Inspective Crime Games. Inspective Crime Games is kocated at the Staverenstraat 19-9, 7418CJ in Deventer, The Netherlands. The terms and conditions have been deposited at the Chamber of Commerce in Amsterdam under number 34231158.
1. Territory
All relationships, present, and future, between the Netherlands-based offices of Inspective Crime Games and the counterparty are subject to these General Terms and Conditions.
2. Application
These General Sales and Delivery Conditions (hereinafter referred to as GSC) apply to all our legal relationships. The GSC applies even if they may deviate from the general conditions set by the counterparty or if the applicability of our general conditions is excluded. By placing the order, the counterparty has submitted to our GSC. In the case of specific conditions agreed upon, our GSC remains in force for the rest. Oral agreements regarding deviations from our GSC are only binding when confirmed in writing by us. In the event of a lack of written documentation, deviations can be proven by the parties through all legal means.
3. Mutual Obligations
Inspective Crime Games must exercise due care in its service provision and delivery. It will, to the best of its ability, take into account the interests of the counterparty. The counterparty must ensure that orders, statements, and communications to Inspective Crime Games are clear and contain the correct information. The counterparty must use information carriers, communication means, or forms in accordance with the instructions of Inspective Crime Games. Inspective Crime Games is authorized not to execute orders and requests if Inspective Crime Games' established (electronic) forms or other communication means are not used.
4. Quotations
All quotations, offered prices, and conditions provided by Inspective Crime Games are at all times entirely non-binding.
5. Prices
All prices are inclusive of VAT. If, due to any government measure, cost-increasing taxes, levies, or import duties are changed before delivery, we reserve the right to pass on this change, even if the price has been agreed to be fixed. Prices are valid for delivery free to an address within the Netherlands via regular PostNL mail delivery, provided that the transportation costs for courier delivery necessary by Inspective Crime Games or the counterparty will be charged additionally. If the price has not been agreed upon in advance between the counterparty and Inspective Crime Games, Inspective Crime Games will charge the usual prices. Inspective Crime Games ensures that information on prices of standard products is available via the internet. If the data provided by the customer for the placed order is incomplete and/or incorrect, Inspective may charge additional costs for subsequent delivery. Additional shipping costs will also be charged for resending.
6. Transportation
Transport takes place ex warehouse for the customer's risk. The choice of the mode of transport lies with Inspective Crime Games, without us being liable to the customer. We insure transportation only if expressly requested by the counterparty and then at their expense. Shipping via track & trace is only provided when the customer bears the costs of parcel shipping.
7. Delivery Times
Stated delivery times shall never be considered fixed deadlines unless expressly agreed otherwise. Inspective Crime Games will exercise the utmost care in receiving and executing orders for products and in assessing requests for service provision. The delivery address is the location communicated by the customer to Inspective Crime Games. The customer is responsible for providing the correct address details. The risk of damage and/or loss of products rests with Inspective Crime Games until the moment of delivery to the customer or a designated representative known to Inspective Crime Games, unless expressly agreed otherwise.
When placing an order for a game, the customer must provide a date on which the product will be used. Considering the delivery period of PostNL, Inspective Crime Games will dispatch the ordered product as soon as possible to ensure that the customer receives the material before this date. However, Inspective Crime Games is reliant on the customer's order date and delivery by PostNL. Inspective Crime Games can never guarantee that an order will be delivered by the customer's chosen date.
8. Suspension and Termination
Inspective Crime Games has the right, at its discretion, without judicial intervention and without being held to any damages, upon written notice, either to entirely or partially terminate the agreement or to suspend the execution of the agreement until the force majeure situation (as discussed below) has ended, but for a maximum period of 6 months, notwithstanding our right during this period to still choose termination as mentioned above in the following cases: force majeure — this shall include: epidemics, natural disasters, strikes, lockouts, fire, wartime conditions, terrorism, mobilization, unrest, import and export restrictions, shortage of raw materials, auxiliaries, ready products, or labor, non-delivery by third parties for any reason, transport difficulties, and the like, even if these difficulties occur with the supplier to whom we have placed our order for whatever reason.
In the cases referred to in sub 14 below, we additionally reserve the right, without further notice of default or judicial intervention, to declare all agreements concluded with the counterparty dissolved, without prejudice to any other rights we may have.
9. Partial Deliveries and Duplicate Deliveries
When a part of an order is ready, we may, at our discretion, deliver this part or wait until all the ordered items are ready. If Inspective Crime Games decides, for any reason, to resend an order, the customer must at all times return the duplicate received order unopened and undamaged to Inspective Crime Games. If the customer opens the order and/or returns incomplete material to Inspective Crime Games, the costs for the missing and/or damaged materials will always be borne by the customer. The shipping costs for returning the order are the customer's responsibility. After receiving the returned package, the amount will be refunded within fourteen days.
10. Deviations in Quantity
The admissibility of deviations from the ordered quantity is a maximum of 10%. Within this margin, the buyer is obligated to accept the surplus and to deal with the deficit, of course at a proportionately higher or lower price.
11. Payment
Payments must be made without any deduction or compensation to our office in Deventer or to our bank account, at the latest upon the start of the game.
12. Late Payment and Debt Collection
In case of non-payment of a claim on the due date, the counterparty is obliged, from that moment on, to pay a 2% credit restriction surcharge and late payment interest of 1% per month, where any part of a month is counted as a full month. All costs, both judicial and extrajudicial, incurred to collect the invoice amount, will be borne by the counterparty.
13. Ownership Rights and Usage
All received materials are protected by copyright and other intellectual property rights under Dutch and foreign laws and international agreements. The files are provided solely for your information and personal use during the game and it is prohibited to be copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any other purpose. Inspective Crime Games expressly reserves the rights to the games and their content. You agree not to engage in the copying or distribution of any content. You agree not to circumvent the non-security-related features of the games or features that prevent or limit the use or copying of content or enforce restrictions on the games or their content.
14. Return of Physical Files upon Cancellation of Physical File
If the order of the physical file is canceled within 14 days of purchase, the physical file must be returned within 14 days to qualify for the reversal of charges.
15. Intellectual Property Rights of Websites
The content of the DNCIS website and the game websites, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and logos, are the property of Inspective Crime Games. They are protected by copyright and other intellectual property rights under Dutch and foreign laws and international agreements. The content of the websites is provided as is solely for your information and personal use and must not be copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any other purpose. Inspective Crime Games reserves the rights not expressly permitted in and to the websites and their content. You agree not to engage in the copying or distribution of any content other than expressly permitted, including any use, copying, or distribution of user submissions obtained through the websites for any commercial purpose. You agree not to circumvent the non-security-related features of our websites or features that prevent or limit the use or copying of content or enforce restrictions on the Inspective Crime Games Website and its content.
16. Single Use
The materials received for Inspective Crime Games' games may be used once by the buyer to play the game. This can only take place on the scheduled play date specified at the time of booking or during the indicated registration for a single play game. If the customer reuses the materials and subsequently replays the game with the same or different participants, the customer will be liable to Inspective Crime Games for the purchase amount of the game again, whether or not the replay is facilitated by Inspective Crime Games.
17. Payment and Termination
In case of non-payment of a demandable amount, a request for suspension of payment, an application for or declaration of bankruptcy, a decision to liquidate in the event of the death of the counterparty, as well as in the event of dissolution or termination of the purchasing company, we shall have the right to cancel the order or the part of it that is yet to be delivered, and the supplied items, if any of our invoices are outstanding, will be reclaimed as our property, without prejudice to our rights to compensation for any loss or damage. In all the aforementioned cases, our claims on the counterparty become due and immediately payable to the extent that they were not already.
18. Liability
We limit our liability to damages suffered by the counterparty as a result of intent or gross negligence on our part and otherwise subject to the following. Consequential damages, such as those caused by business interruption for any reason, are not eligible for compensation. The counterparty should, if desired, insure themselves against the damages. Furthermore, the liability is limited to the invoice amount. Notwithstanding the above, if we are insured for the specific damage, our liability is limited to the amount payable under the insurance by the insurer.
19. Warranty
Warranty is granted only if expressly and in writing agreed upon.
20. Indemnification
The counterparty is obligated to indemnify and hold us harmless for all costs, damages, and interests that may arise for us as a direct result of third-party claims against us regarding goods supplied by us.
21. Certain parts of our games are custom-made, and materials in the dossier cannot be resold to other customers after shipment. Therefore, the "Distance Selling" law is not entirely applicable, and the free cancellation of the order is only possible when the following conditions are met:
The remaining amount of the game's price will be refunded in the case of cancellations within 14 days if the entire package is returned unopened and undamaged. If the envelope containing the dossiers has been opened, the full amount of the order is due. Orders canceled after 14 days cannot be refunded. Even when canceling an order, the package with dossiers, content, and associated materials must always be returned unopened. If the package is not returned, a penalty will always be charged for the copyrighted material. If we receive the package unopened, unwritten on, undamaged, and in its original condition within 14 days of the order being placed, only the cancellation fees will be charged.
A digitally ordered murder mystery game cannot be canceled once logged into the game's website. Once logged in, you have used the digital product, and we cannot refund the purchase. A played game cannot be canceled.
22. Jurisdiction
Dutch law shall apply to all transactions concluded by us.
23. Disputes
All disputes arising from the agreements to which these conditions apply shall be settled by the competent court in Amsterdam, without prejudice to our right to submit the dispute to the court designated by law or the treaty.
24. Website Access
A.
Inspective crime games hereby grants you permission to use the website of Inspective crime games and all websites belonging to the games, as described in these terms of use, provided that: (i) your use of the Website is for personal, non-commercial use only; (ii) you do not copy or distribute any part of the Website in any medium without the prior written consent of Inspective crime games; (iii) you do not modify any part of the Website in any way other than as intended or necessary for the proper purpose of the Website; and (iv) you otherwise comply with the terms of use as stated in these terms of use.
B.
To access the webshop of the Website, you will need to create an account. It is not permitted to use another person's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for the activities that occur under your account, and you must keep secure and confidential the password associated with your account. You must immediately notify Inspective crime games if you become aware or suspect that your password is no longer confidential or that your account has been used without your permission. Although Inspective crime games cannot be held liable for any losses due to any unauthorized access to your account, you may be liable for the losses of Inspective crime games or others due to this unauthorized use.
C.
You are not to use or start any automatic system, including, without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a way that sends more requests to the Inspective crime games servers within a certain time than a human can reasonably produce in the same time frame using a conventional web browser. Notwithstanding the foregoing, Inspective crime games grants permission to operators of public search engines to use spiders to copy material from the Website solely for the purpose of creating publicly accessible searchable indexes of the material, without caching or archiving this material. Inspective crime games reserves the right to revoke these exceptions in general or in specific cases. You agree not to collect personally identifiable information, including user account names, from the Website or to use the communication system provided by the Website for any commercial purpose.