General Terms and Conditions of Sale

These terms and conditions of sale (the “Terms”) apply when you buy from Gaim Immersive Technology Group AB, corporate identity number 559183-9047, Jägershillgatan 26, 213 75 Malmö, +46 40 685 37 00, info@gaim.com(“Gaim”) via Gaim’s e-commerce platform (the “Store”).

Your purchase may relate to physical hardware, software or other digital elements included in a physical product, as well as separate digital content or digital services. Digital services may also be offered as subscriptions. In the Terms, “product” is used as a collective term for what you buy from Gaim. The Store shows what is included in your purchase, whether anything is provided as a subscription and which technical or other requirements apply.

Specific information provided before the order about the relevant product or order supplements the Terms and applies to that purchase. If such specific information differs from the Terms, the specific information applies to that extent, unless the information is obviously incorrect or mandatory law provides otherwise. Please read the Terms before making a purchase.

The Terms displayed and accepted in the Store at the time of your order apply to the purchase. Changes to the Terms do not apply to purchases already made, unless the change is required by law or you expressly accept it.

Information about Gaim’s processing of personal data is available in Gaim’s privacy policy on Gaim’s website.

Sales via the Store are made only to consumers, i.e. natural persons acting mainly for purposes outside their trade or business.

You must be at least 18 years old and have the right to enter into contracts. At the time of purchase, the Store shows the countries to which delivery is offered.

All prices in the Store include VAT and are shown in the currency indicated in the Store when you make your purchase.

Payment for ordered products is made when the order is placed, using the payment methods made available in the Store. The price, currency, any delivery costs and, for a subscription, information about recurring fees, minimum term, payment intervals, any renewal and cancellation are shown in the Store before the order is completed.

When you submit your order, Gaim receives it for processing. An automatic confirmation that the order has been received does not in itself mean that a binding contract has been concluded. A binding contract is concluded when Gaim accepts the order by sending an order confirmation. The order confirmation sets out the order that Gaim has accepted and confirms the relevant details of the purchase, for example which products and services are included, the price and, where applicable, delivery, subscription period, renewal and other specific terms for the order. Gaim also provides the Terms and other contract information that must be provided on a durable medium by law. If Gaim does not accept the order, no contract is concluded and Gaim will refund any amount paid without undue delay.

Certain payment methods, for example invoice, instalment payment or credit, may be provided by an external payment service provider. If you choose such a payment method, the provider’s terms also apply. The provider may carry out a credit assessment and decides which payment methods and amounts can be offered to you. If you withdraw from the contract or are entitled to a refund, your payment is handled by the provider in accordance with the law and the provider’s terms.

Delivery takes place within the time stated in the Store or in the order confirmation. If delivery is delayed, you have the rights you have under the law.

A physical product is considered delivered when you, or someone you have designated, have received it. If the product contains software or other digital content, you will receive information on how to access it in connection with or after delivery. You may need to meet certain technical requirements and comply with the Terms in order to use the digital content.

The physical product is delivered to the address provided with the order. You are responsible for providing correct and complete delivery details. If a parcel is not collected, Gaim may charge the actual, reasonable additional costs incurred for return shipping and handling, to the extent permitted by law.

Information about shipping costs is shown in the Store before you order. If you withdraw from the contract, you pay the direct cost of the return, unless Gaim has expressly offered free returns for that purchase. If a complaint is accepted, Gaim bears the necessary costs in accordance with the law.

If you do not pay on time, the rules on late payment, interest and fees that follow from the law apply.

If payment for a separate subscription or other recurring digital service is not made, Gaim may, after a reminder and in accordance with applicable law, restrict or terminate that particular service. This does not affect your rights to a physical product already paid for or to digital elements that are to be supplied under the contract or mandatory law.

As a general rule, you have the right to withdraw from the contract within fourteen (14) days from the day on which you, or someone you have designated, received the physical product. If a physical product is delivered in several parts, the period begins when you have received the last part. For separate digital content or a separate digital service, the withdrawal period begins when the contract is concluded. Special rules apply as set out below.

The right of withdrawal also applies to separately purchased digital content. If you exercise the right of withdrawal, Gaim may end your access to the digital content. You may then no longer use the content or make it available.

If you expressly request that a separate digital service or a subscription begin to be provided during the withdrawal period and you then withdraw from the contract, you may have to pay for the part of the service you have received up to the time you exercised the right of withdrawal. You will be informed of this before the purchase and before the service begins to be provided.

Certain products are exempt from the right of withdrawal by law, for example products made to your specifications or clearly personalised. Information about such exemptions is provided before the purchase.

You must send back the physical product no later than fourteen (14) days after you have informed Gaim that you are exercising the right of withdrawal.

You may examine the physical product as much as is necessary to establish its nature and how it works, much as you could have done in a physical shop.

If you handle the product beyond that and its value is reduced as a result, you may have to compensate for the reduction in value. A parcel that is not collected is not in itself a notice that you are withdrawing from the contract. If you exercise the right of withdrawal, you pay the direct cost of the return, unless Gaim has expressly offered free returns for that purchase.

When you withdraw from the contract, Gaim refunds all payments Gaim has received from you, including the cost of the least expensive standard delivery method offered by Gaim. Gaim does not refund additional costs for a more expensive delivery option. The refund is made no later than fourteen (14) days from the day on which Gaim received your notice that you are withdrawing from the contract. However, for purchases of a physical product, Gaim may withhold the refund until the product has been returned or you have shown that you have sent it back, whichever occurs first. If the withdrawal concerns separate digital content or a separate digital service and no physical product is to be returned, Gaim’s right to withhold the refund under the previous sentence does not apply.

The refund is made using the same payment method you used for the purchase, unless you have expressly agreed otherwise. You will not be charged any fees for the refund.

To exercise the right of withdrawal, you must, before the withdrawal period expires, inform Gaim of your decision to withdraw from the contract by a clear statement. You can use the contact details below or the model withdrawal form in Appendix 1, but you are not required to use any particular form.

You can send your notice of withdrawal to info@gaim.com or by post to Gaim Immersive Technology Group AB, Jägershillgatan 26, 213 75 Malmö, Sweden. If the contract was concluded through the Store, you can also withdraw from the contract using the withdrawal function in the Store. The withdrawal function is available throughout the withdrawal period.

Gaim will send an electronic confirmation without delay on the durable medium you have specified or accepted. The confirmation states when your notice of withdrawal was received.

If your withdrawal concerns a physical product, Gaim will provide information on how the product is to be returned.

You always have the rights in respect of defects that follow from consumer legislation. Gaim does not provide any additional voluntary guarantee (commercial guarantee), unless one is expressly stated for the relevant product.

If a product is defective, you have the right to make a complaint. Depending on the situation, you may for example be entitled to repair, replacement, a price reduction, termination of the contract or damages. Which right applies follows from the law. The Terms do not limit your statutory rights.

If you want to make a complaint about a product, you can contact Gaim on +46 40 685 37 00, at info@gaim.com or via the contact details on Gaim’s website. Please state your order number and describe the defect as clearly as possible. Please contact Gaim before returning the product, so that Gaim can provide return or troubleshooting instructions. This does not affect your right to make a complaint within the time that follows from the law.

When software, an app, digital content or other digital elements are included in or provided with a product, you may use the material for the product’s intended purpose and for your own private use. The right is personal and applies for the period during which the digital element is to be supplied under the contract. If a specific licence or subscription period is stated at the time of purchase, that period applies.

Unless a specific licence or subscription period is stated at the time of purchase, the licence to the base software, to scenarios included in a physical product’s bundle and to separately purchased scenarios is not limited in time. The expiry of the update period does not mean that the licence ends.

Gaim or its licensors own the intellectual property rights in the software, the app, the digital content, the documentation, the graphics and other material.

Except as permitted by law, you may not copy, modify, distribute, rent out, lend or sell the software or the digital material separately. Nor may you circumvent technical protection measures or attempt to derive the software’s source code. This does not prevent a physical product from being resold.

If the product’s digital elements require a GAIM account or a licence key, you must keep your login details and licence keys secure and not share them with anyone else. When a licence is linked to your GAIM account, it is not linked to a particular headset. If you change headset, you can log in to your GAIM account and install the digital elements on the new headset, to the extent that follows from the contract and the information provided in the Store or the product documentation.

A licence key may be used within the scope stated in the Store or in the documentation provided with the product. If a physical product is transferred, Gaim may, after you contact support and in accordance with its procedures at the time, help transfer access to the digital elements that were included in the physical product. Separate subscriptions, personal accounts and separately purchased digital products are not transferred automatically. This does not limit any rights to digital elements that accompany the product under mandatory law.

If the product or a related service enables you to create, save, upload, share or publish courses, stages, scenarios, settings or other content (“User Content”), you retain any rights you may have in such content.

This does not affect the rights of Gaim or its licensors in software, templates, graphics, material and other elements provided by Gaim, even when they form part of User Content. You are responsible for having the rights required for User Content that you create, upload, share or publish.

You grant Gaim a non-exclusive, worldwide and royalty-free right to store, copy, process, back up, display, technically adapt and make available User Content to the extent necessary to provide the functions you use, operate, secure and troubleshoot the service, handle support and comply with applicable law.

Gaim may also use User Content internally to improve and develop Gaim’s products and services, for example to analyse how courses are built and used, test new functions and improve Range Builder. Such use does not mean that the content is published or made available to other users.

Where possible, Gaim uses the content without a direct link to your account and in accordance with Gaim’s privacy policy. Gaim may allow companies in the same group and suppliers engaged by Gaim to exercise the right under the section “User Content” on Gaim’s behalf.

If Gaim offers a function for selling, licensing or otherwise commercially making available User Content, whether by you selling it yourself or by Gaim doing so, special terms apply to that function, which you accept if you choose to use it.

If you choose to share User Content with other users, Gaim may make the content available to the users covered by the sharing function you have chosen, and those users may use the content in the service in accordance with the function.

If you choose to publish User Content or otherwise make it available to all users, you also grant Gaim a non-exclusive, worldwide and royalty-free right to use the content in Gaim’s products and services and in the marketing of them. The right includes, among other things, displaying, featuring and making the content available to all users, including it in collections, challenges and competitions in the service, technically adapting it to new versions of the service and using images or video clips of the content in marketing. Gaim may grant the right to companies in the same group and, within the service, to other users. Gaim is not required to name you as the author, but will not alter or use the content in a way that is prejudicial to your honour or reputation. Gaim decides at its own discretion whether and how the content is used under this paragraph.

You can stop sharing or unpublish User Content at any time. This applies for the future. Gaim will then stop offering the content to new users, but this does not affect copies that other users have already downloaded or marketing material that Gaim has already produced.

You may not create, upload, share or publish content that is illegal, infringes the rights of others, uses images, names or other identifying features of real persons or groups of persons as targets, is threatening, harassing or discriminatory, incites violence, contains personal data about someone else without a legal basis or contains malicious code.

Anyone who considers that content in the service is illegal can submit a notice to info@gaim.com. Gaim may restrict, remove or disable access to content if it is contrary to law or these Terms. Gaim acts objectively and proportionately. Notices are reviewed and decisions are taken manually.

If Gaim takes such a decision, Gaim will notify you and state the reasons for the decision, unless prevented by law. You can request a review of the decision, free of charge, by contacting Gaim at info@gaim.com within six (6) months of the decision.

Users and authorities can contact Gaim about content in the service via info@gaim.com, in Swedish or English.

User Content is stored for as long as you have access to the function to which the content belongs, unless you delete it yourself or the content is removed under the subsection “Content rules, notices and moderation”.

Once your Range Period has ended, Gaim has no obligation to store User Content. Gaim may choose to store the content for a time, so that you can regain access to it if you purchase a new Range Period, but the content may be deleted at any time after the period has ended. The maximum period for which Gaim stores the content is set out in Gaim’s privacy policy. Gaim may remind you before deletion if Gaim has your electronic contact details.

You can delete User Content and can request that your GAIM account be closed. Please note that your GAIM account is needed to use the digital elements of your product. You may also be entitled to obtain data under data protection rules; see Gaim’s privacy policy.

Gaim’s right under the section “User Content” ends when the content has been deleted. However, this does not apply to backups that are deleted in accordance with Gaim’s normal procedures, data that Gaim must retain by law, copies that other users have downloaded, marketing material that Gaim has already produced or content that has been combined with other material so that it cannot be separated or linked to you.

If you withdraw from or terminate a contract for digital content or a digital service, Gaim will not use User Content contrary to what follows from the law. At your request, Gaim will make the content available to you free of charge, within a reasonable time and in a commonly used, machine-readable format, to the extent required by law. This subsection takes precedence over the other provisions of the section “User Content”.

A separate digital service or a subscription covers only the functions, content or services stated in the Store. The price, contract term, payment intervals, any renewal and how the contract can be cancelled are stated before the purchase.

If Gaim needs to change the price of a separate digital service or a subscription, Gaim will inform you in advance. A price change must be based on a valid reason stated in the information, for example changed costs, changed taxes or changed technical conditions. If you do not accept the change, you have the right to cancel the service or subscription before the new price takes effect.

When a separate subscription or a separate digital service ends, this affects only the part covered by the service or subscription. It does not affect digital elements included in the original purchase or that Gaim must by law continue to supply in order for a physical product already purchased to work.

GAIM Range applies for the period stated at the time of purchase. Unless otherwise expressly stated at the time of purchase, Range applies for twelve (12) months from the day on which the service is activated or otherwise begins to be provided. Range does not renew automatically. If you purchase a new Range Period before an ongoing period has ended, the new period begins when the ongoing period ends, unless otherwise stated at the time of purchase.

When the Range Period ends, only functions and content covered by Range are affected. The base software, scenarios that were included in the physical product’s bundle and separately purchased scenarios remain available in accordance with the contract and applicable law. Access to Range Builder and to your own and shared stages ends when the Range Period ends. What applies to User Content thereafter is set out in the section “User Content”.

Information about technical requirements and compatible products, operating systems and versions from other suppliers is provided in the Store or in the product documentation. If use of a product requires a product from another supplier, for example a VR headset, this is stated before the purchase. Such a product is not included in the purchase unless expressly stated for the relevant product.

Products and services from other suppliers, for example VR headsets, operating systems, app stores and network services, have their own terms and may be changed by the respective supplier.

Gaim is not responsible for new or future products or versions that were not stated as compatible when you bought the product. This does not affect Gaim’s obligations under the law.

Gaim provides security updates and other necessary updates for the digital elements included in a physical product for at least three (3) years from delivery. The commitment covers the headset models and technical environments that were expressly stated as compatible at the time of purchase. For GAIM Range, such updates are provided during the agreed subscription period. This does not limit obligations that follow from mandatory law. Gaim does not promise new functions, new content, improved performance or compatibility with future products or technical environments, unless expressly stated at the time of purchase.

If you do not install an update within a reasonable time, Gaim is not liable for defects that result solely from the update not having been installed. This applies only if Gaim has informed you about the update, the consequences of not installing it and how to install it.

If Gaim supplies separate digital content, a digital service or a subscription on a continuous basis, Gaim may change the content or service if there is a valid reason, for example a new legal requirement, a security risk or a technical change. The change must not cost you anything.

If the change impairs your ability to use the content or service more than to a minor extent, Gaim will inform you in accordance with the law. You then have the right to terminate the contract free of charge and with immediate effect. Termination must take place no later than thirty (30) days from the information about the change or from the day the change was made, if that day is later. The right to terminate does not apply if Gaim allows you, at no extra cost, to keep the content or service unchanged and it still conforms to the contract.

Gaim may make necessary updates and changes to digital elements included in a physical product. The changes must not mean that the product no longer works or no longer conforms to what was agreed at the time of purchase. If the product becomes defective, you have the rights you have under the law.

Gaim does not offer any separate repair or servicing service beyond the assistance Gaim must provide if a product is defective or if something else has been expressly agreed. In individual cases, Gaim may offer voluntary assistance beyond what follows from the law or the contract. Such voluntary assistance does not constitute any commitment for the future.

Gaim processes personal data when carrying out, handling and administering purchases and when the products are used. More information about the processing, how long the data is retained and your rights is available in Gaim’s privacy policy on the website.

For connected products and related services covered by Regulation (EU) 2023/2854 (Data Act), Gaim provides the product data information required under the Data Act before the contract is concluded. The information is provided in the Store or in another manner indicated there.

The product data information describes, to the extent required under the Data Act, among other things which product data and related service data are generated, the main characteristics of the data, how and for how long the data is stored, how the data can be accessed or made available, who the data holder is and the purposes for which Gaim uses readily available non-personal data.

Where Gaim is the data holder, Gaim uses such readily available non-personal data only for the purposes stated in the product data information and to the extent that follows from the Data Act, the contract and other applicable law. The part of the product data information that states Gaim’s purposes of use forms part of the contract with you. You have the right to access product data and related service data and may, where applicable, request that data be shared with a third party, to the extent and on the terms that follow from the Data Act and other applicable law. User Content, for example courses and stages that you create, is governed by the section “User Content” and not by this section. Information about the processing of personal data is available in Gaim’s privacy policy.

You may not use, sell, export, re-export or otherwise deal with the product in breach of applicable sanctions or export rules. Gaim may refuse or cancel a purchase if necessary to comply with such legislation.

If Gaim has to cancel an order for this reason, Gaim will notify you as soon as possible and refund what Gaim has received for the part of the order that cannot be fulfilled, unless a refund is prohibited by law.

Gaim is liable for defects, delays and damage in accordance with mandatory consumer legislation. The Terms do not limit any liability or rights that may not be limited by law. Gaim is not liable for business losses, as the products are sold only to consumers for private use.

Gaim aims to ensure that the information in the Store, including prices, product descriptions and images, is correct and up to date. If a price or other information is obviously incorrect and you realised or should have realised the error, Gaim is not bound by the incorrect information. In that case, Gaim may cancel the order before delivery and will refund what you have paid. Gaim may stop selling a product, without affecting orders already confirmed or your statutory rights.

Gaim may change the Terms for future purchases. The version that applied when your order was confirmed applies to that purchase. For digital services, digital content and digital elements, the specific rules on updates and changes in the section “Compatibility, updates and changes” also apply.

Gaim is not liable for delays or for an obligation not being fulfilled if this is due to something beyond Gaim’s reasonable control that Gaim could not reasonably have avoided or overcome. This does not limit your rights under the law.

The Terms do not limit your rights under consumer legislation that cannot be contracted out of. If any provision of the Terms is invalid, this does not affect the other provisions.

For purchases by consumers in Sweden, the Terms are provided in Swedish.

If the Terms are available in several languages, the language version in which the Store was displayed when you made the purchase applies.

This does not affect mandatory rules on the language in which consumer terms must be provided.

If you and Gaim cannot reach agreement, you can turn to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN), www.arn.se, to the extent the Board is competent to examine the dispute. If you live in another country, you can also turn to the competent alternative dispute resolution body there, to the extent such an option exists. If Gaim rejects a claim in whole or in part, Gaim will inform you of the relevant alternative dispute resolution body and whether Gaim intends to participate in the proceedings.

Swedish law applies to the Terms and to the contract between you and Gaim. The choice of law does not limit the protection you have under mandatory consumer protection rules in the country where you normally live, where such rules apply. Which court can examine a dispute is determined in accordance with the law.