Terms and conditions, customer information and revocation instruction

 

 A. Terms and Conditions

1. Coverage

1.1 These Terms and Conditions (T&C) by United Games Entertainment GmbH,  Plochinger Straße 14, 73230 Kirchheim unter Teck, Germany (hereinafter: United Games or provider) apply to all contracts concluded through our website www.gamesrocket.com

1.2 Customers in terms of these conditions are both consumers and contractors.

1.3 Entrepreneur is every natural person or legal entity that acts in exercise of its trade, business or profession, when entering into this agreement.

1.4 A consumer is every natural person who enters into a legal transaction for a purpose that cannot be attributed to its commercial or self-employed professional activity.

1.5 The inclusion of the consumer's own terms is revoked insofar as not agreed otherwise.

 

2. Contractual Object, License for Use

2.1 The object of the contract is the sales of goods or downloads of software products (digital contents). The details, especially the significant characteristics of the respective software are obtained from the article description and the supplementary details provided on United Games' website.

2.2 The offered software is copyright protected. The customer receives a simple license for use with every purchased software product, insofar as not stated differently in the respective article description on our website.

 

3. Registration and User Account

3.1 In order to acquire software from United Games, the customer has the option to create a user account by registrating, using the customer's e-mail address and a personal password. The registration is free of charge. To activate the user account, the customer is required to click and follow the link to be found in the confirmation e-mail, sent to the customer after completion and submission of the online registration form.

3.2 Upon registration the user can also state a user name and further information. Providing this information is voluntary and not necessary for creating the account. The customer is to ensure, no third party can access his account. He must not hand over his access data to a third party and he is to keep and store them protected from access by any third party. At the customer's first suspicion of a possible access to his account by a third party, he is to immediately change his access data.

3.3 If and when the customer's personal data changes, it is his own responsibility to update them. All changes can be made online in the user account under the menu item "My Account". A transfer of the user account to a third party is excluded.

3.4 By registering to gamesrocket.com as a user/customer, you declare your consent to regularly being informed about new products and special offers by United Games Entertainment GmbH via e-mail. This consent also includes requests to evaluate the shop or the products, e.g. Trustpilot. Your data will not be transmitted to any third party. You can revoke this consent at any time in writing.

4 Conclusion of agreement in case of postal delivery (meaning excluding download products)

4.1 Product descriptions by United Games on the internet are non-binding and do not constitute a binding offer for contract conclusion.

4.2 The customer can place a binding offer to buy (order) online. In doing so, the goods intended for purchase are placed in the "cart". The "cart" can be opened by the customer and changes to it can be made at any time. After calling up the page "checkout", any new customer is required to register by creating a user account. Any user already registered has to log in with his access data. After registration or login, all information about the order will be shown once again on the page to finalize the order. Before submitting the order, the customer is given the chance to double check and/or change all information or to cancel the purchase. By submitting the order with the button "buy now" the customer places a binding offer to the provider. After this, the customer receives an automated e-mail as order confirmation, not representing contractual conclusion.

4.3 Accepting the offer and thereby contractual conclusion will happen within twenty-one (21) days by written confirmation (e.g. via e-mail), in which United Games will confirm to the customer either the execution of the order or the shipping of the goods (order confirmation).

 

5 Conclusion of agreement in case of purchase of download products

5.1 With software products that are provided to the customer exclusively by download, United Games presents a binding offer for conclusion of a purchase agreement already by publishing the respective article on its website, under the conditions presented in the product description. The postal shipping of product packaging including product keys for later download does not represent a contract for a download-only product. This process is in general equivalent to the shipping of CD, DVD or other data storage devices and hence the conclusion of such contract follows No. 4.

5.2 With products exclusively obtained via download, the purchase agreement through gamesrocket.com is concluded as follows: The download products intended for purchase are put into the "cart". Via the corresponding "cart"- button, the customer can access his shopping list and make changes to it at any time. After calling up the page "checkout" and entry of a new customer's personal information or a registered customer's login and accepting the payment conditions, finally all information about the order will be shown in the order overview. Here the customer has the opportunity to check or change all information once again or cancel the purchase, before submitting the order. By submitting the order via the button "buy now" the customer declares his legally binding acceptance of the offer. By this the purchase contract is directly concluded.

5.3 The order processing as well as the transmission of all necessary information related to the conclusion of the contract will happen via e-mail, generally automated. That is why the customer has to ensure his e-mail address given to United Games is correct and valid and the receipt of the e-mails is guaranteed from a technical standpoint and especially not blocked by junk filters.

 

6 Prices, Terms of Payment and Shipping

6.1 The prices shown on the article pages are final prices. They include the statutory value-added tax (VAT), all other price components as well as the shipping costs, explicitly identified on the article page. Special offers in our shop can be limited in time and/or quantity. Particulars can be obtained from the respective article description.

6.2 The purchase price is due immediately upon receipt of the order confirmation. When ordering software the customer can choose to pay either with credit card or via PayPal or Amazon Payments.

6.3 Payment will hence always happen through external payment service providers. For payment processing the customer will be forwarded to the respective page of the chosen payment service provider. Depending on the provider of choice, payment may require setting up a user account. Please obtain further information on this from the payment service provider's terms of use. If the customer subsequently reverses his payment to the payment service provider, despite continued payment obligation he is bound to reimburse United Games for any processing or cancellation fees to said institutes.

6.4 For a software download, no other fees occur than the regular online fees payable by the customer. In the case of postal shipping of the software or the corresponding download or access codes, the according shipping fees will be specified before contractual conclusion upon product selection, or such transparency is achieved by direct linking of a shipping cost page.

 

7 Reservation of Title

7.1 Delivered goods remain property of United Games until total payment.

7.2 Before transfer of ownership, pledge, chattel mortgaging, processing or transformation is not permitted without United Games's consent.

 

8 Warranty

8.1 In case of deficiency, statutory warranty conditions apply.

8.2 In deviation from 9.1, the following applies to entrepreneurs:    

• For new goods, the limitation period for deficiencies is one year.

• For used goods it is 6 months after transfer of risk.

8.3 In deviation from 8.1, the following applies to consumers:    

• For new goods, the limitation period for deficiencies is two years from shipping to the consumer.    

• For used goods, the limitation period for deficiencies is one year from shipping to the consumer.

8.4 The forementioned abridgements to limitation periods do explicitly not apply to the customer's claims for compensation because of damage to life, limb or health as well as claims for compensation because of violation of essential contractual obligations. Essential contractual obligations are such that are required for reaching fulfillment of the contractual goal. The forementioned abridgement to limitation periods does also not apply to claims for compensation based on intentional or grossly negligent breach of duty by United Games or their legal representative or vicarious agents. Liability under German Product Liability Act (Produkthaftungsgesetz) also remains unaffected.

 

9 Liability

9.1 Compensation resulting from a violation of contractual obligations is to be paid under statutory preconditions.

9.2 United Games is liable without limitation for damages caused intentionally or as a result of gross negligence. Furthermore, United Games is liable for slight negligence resulting in violation of essential obligations, jeopardizing the fulfillment of the contractual goal, as well as for the violation of duties that would need to be carried out to achieve proper contractual execution in the first place, and in which the customer regularly relies on and may rely on. In this case, United Games is only liable for foreseeable damages within the contractual scope.

9.3 United Games is not liable for slightly negligent violations of any other obligations than the two, mentioned in paragraphs 9.1 and 9.2.

9.4 The forementioned limitations of liability do not apply to violations of life, limb or health. Liability under German Product Liability Act (Produkthaftungsgesetz) also remains unaffected.

 

10 Others, Place of Jurisdiction

10.1 German law shall apply, excluding both referral norms of international private law and the UN Sales of Goods Law. In business transactions with customers with residence the EU, by way of exception, the law at the place of residence may apply, if those are mandatory consumer protection provisions.

10.2 Place of jurisdiction in business with merchants, legal entities governed by public law or separate funds under public law for all legal disputes regarding the concluded contract, is the registered office of United Games. Alternatively, in this case, judicial procedure can also be held at the customer's place of jurisdiction or another legal place of jurisdiction, by choice of United Games.

10.3 Should any provision of these terms and conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory regulation shall replace the invalid provision.

10.4 Contractual language is German.

 

B. Customer Information

1. Information about the Identity of the Provider

United Games Entertainment GmbH, Plochinger Straße 14, 73230 Kirchheim / Teck, e-mail: support@gamesrocket.com, phone: +49 (0) 345 51646001, fax: +49 (0) 345 51646009 commercial register AG Stendal under HRB 23637 managing director: Helmut Schmitz; sales tax identification number: DE267780912

- Attention: no telephone support! Support requests only via e-mail! –

 

2. Information on Technical Steps Leading to Contract Conclusion

1. Regularly no binding offer for contract conclusion is submitted by United Games by publishing products on their website - except contracts for download-only products. The postal shipping of product packaging including product keys for later download does not represent a contract for download-only product. This process is in general equivalent to the shipping of CD, DVD or other data storage devices. The customer can place a binding purchase offer (order) online. In doing so, the goods intended for purchase are being placed in the "cart". The "cart" can be called up and changes be made to it by the customer at any time. After calling up the page "checkout" a new customer has to create a user account by registration. The customer places a binding offer to United Games by submitting the order by using the "buy now"-button.

2. Afterwards, the customer will initially receive an automatic order confirmation, which does not yet lead to contract conclusion. Accepting the offer and thereby contractual conclusion will happen within two days by written confirmation (e.g. via e-mail), in which United Games will confirm to the customer either the execution of the order or the shipping of the goods (order confirmation).

3. In case of distribution of download-only products exclusively through the internet, the purchase agreement is concluded as follows: download products intended for purchase are placed in the "cart". By using the corresponding "cart"-button, it can be called up and changes can be made to it by the customer at any time. After calling up the page "checkout" as well as the customer's login and choice of payment conditions, finally all order information will be shown in an order overview for review or modification. By submitting the order with the button "buy now" the customer declares the legally binding acceptance of the offer, whereby the purchase agreement is directly concluded.

 

3. Information about Storage of the Text of the Contract

1. The text of the contract is saved and stored on the provider's internal systems and is not accessible to the customer.

2. Order information will be sent to the customer together with T&Cs and customer information via e-mail.

4. Information about the Technical Means to Recognize and Rectify Input Fields

1. In both contract procedures presented in paragraph 2, the customer can check his entries before placing a binding offer and continuously rectify them, by using the customary mouse and keyboard functions in the respective input fields.

2. Furthermore, before the binding placement of the order, all entries will be shown in an order overview and changes can be made to it by using the customary mouse and keyboard functions.

5. Information about Languages Available for Contract Conclusion

1. Exclusively the German language is available for contract conclusion.

C. Revocation Instruction for the Consumer

1. Revocation Instruction

 ------------------------------------------------------------------------------------------------

Right of Revocation

Customers are entitled to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day you or a third party nominated by you (not the carrier) have taken possession of the goods, if one or several goods were ordered and delivered as one single order. In case of the purchase of digital contents, exclusively transmitted through the internet, the revocation period shall be fourteen days from the day of contract conclusion. In order to execute your right of revocation, United Games Entertainment GmbH, Plochinger Straße 14, 73230 Kirchheim unter Teck, e-mail: support@gamesrocket.com; phone: +49 (0) 345 51646001, fax: +49 (0) 345 51646009, is to be informed about your decision to revoke this contract by clear statement (e.g. by mailed letter, telefax or e-mail). For this purpose, you can but do not have to use our sample revocation form. Compliance with the deadline requires only that the declaration of revocation be sent by this deadline. Consequences of Revocation If you revoke this contract, we have to refund all payments we received from you, including shipment fees (except additional cost resulting from your choice of a form of delivery different from the most inexpensive standard version, offered by us). This refund shall happen immediately and at the latest within fourteen days after the day of our receipt of your notice of revocation. For this refund we will use the same payment method you used in your initial transaction, except for explicit different agreement. In no case will you be charged fees for this refund. We can refuse the refund, either until we received the goods back or until you provided evidence you returned (shipped) them to us, depending on which of the two happened the earliest. You are to ship or hand over the goods to us immediately and in any case at the latest within fourteen days from the day you informed us about your revocation of the contract. The time limit is complied with, if you mail the goods before the expiration of the deadline of fourteen days. The charges for the reshipment defrays the United Games Entertainment GmbH. 

------------------------------------------------------------------------------------ 

End of revocation instruction

 

2. Exclusion of the Right of Revocation

2.1 The right of revocation does not include distance contracts for delivery of sound or video recordings or computer software in sealed packing, if said sealing has been removed after delivery.

 

3. Expiration of the Right of Revocation in the case of Download-Only Products

The right of revocation for distance contracts for delivery of digital contents not stored on a physical data storage device (e.g. download of software) expires prematurely, if the provider began execution of the contract after the consumer explicitly agreed to the entrepreneur beginning execution of the contract before expiration of the revocation period, and confirmed his knowledge and awareness of his loss of right of revocation with his agreement to the beginning of the execution of the contract.

 

4. General Information

Please avoid damages and contamination. If possible, please return the goods to us in their original packaging and with all accessories and all packaging components. If necessary, please use a protecting repackaging. If you no longer have the original packaging, please use appropriate repackaging to make sure, no transport damages occur and to avoid claims for damages as result of inadequate packaging. Please note, these modalities are no condition for the effective exercise of the right of revocation.

5. Revocation - Sample Form

(If you want to revoke the contract, please fill out this form and send it back.) To United Games Entertainment GmbH, United Games Entertainment GmbH, Plochinger Straße 14, 73230 Kirchheim unter Teck, e-mail: support@gamesrocket.com; phone: +49 (0) 345 51646001, fax: +49 (0) 345 51646009 I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the delivery of the following service (*) Ordered at (date) (*) / received at (date) (*) Consumer's name Consumer's address Consumer's signature (only with notification on paper) Date, _________________ (*) please remove information that does not apply