§ 1 Field of application
1. The following General Terms and Conditions are part of each agreement between Gamesrocket GmbH, Würzburger Straße 152, 63743 Aschaffenburg, Germany (henceforth referred to as "provider") and its customers as well as their legal successors.
2. The provider renders its services exclusively based on these General Terms and Conditions.
3. The validity of these General Terms and Conditions includes all offered services of the provider. The customer acknowledges these General Terms and Conditions as binding by utilizing the services of the provider.
§ 2 Object of agreement
4. The provider places specific products in the area of computer games at the disposal of its customers in return for payment. These products include especially computer software as well as data which may be used to activate or use software that has already been purchased or is already available to the customer (software key). Beyond that, customers may purchase further online game products, for example items, on this website.
§ 3 Registration
1. Requirement for the utilization of services offered by the provider is the registration in accordance with the regulations according to the default procedure of this online presence.
2. The customer is obligated to supply the required data in the context of the registration truthfully and completely as far as it is not marked as voluntary information.
3. The provider establishes an account for the customer after successful registration which functions as a means to purchase and process products offered by the provider. A license agreement is concluded by registering a customer account. This license agreement is independent of the utilization of the offered services.
4. Both the customer and the provider may terminate the account at any time without adhering to a deadline and without assigning reasons for the termination.
5. The account cannot be transferred from the customer to third parties.
§ 4 Conclusion of contract
1. The presentation of products by the provider, especially in brochures, adverts and on this online presence, does not yet constitute a binding offer from the provider but merely a prompt for the submission of a bid.
2. The agreement between the provider and the customer results from the submission of a bid by the customer and
a) the individual acceptance of a contract in written form by the provider or
b) conclusively by rendering the services requested by the customer.
3. An order confirmation that is sent to the customer automatically by email does not yet constitute an acceptance of a contract on behalf of the provider. It only serves to inform the user that the provider received their order.
4. The provider is entitled to adopt measures to identify the customer as well as to examine the data provided during the registration process after the submission of a bid. For that purpose, the provider is, among other things, entitled to request the customer to send a copy of his valid identity card as well as to contact the customer by phone.
§ 5 Product activation
1. In some instances, the usage of products from the provider is only possible if a product activation has taken place before at the provider. In these cases, the customer will receive the activation code as well as instructions how to activate the product from the provider when the contract is concluded and the payment has been received in full. The customer is obliged to store this data carefully.
2. If the customer or the person who has purchased the product from the customer should want to install the product on another computer, it might become necessary to activate the product again.
3. If the activation code should not or no longer work, the re-activation of the code or delivery of a new code takes place on request.
4. A re-activation or the delivery of a new code is only possible if the provider has previously been accurately informed about the originally delivered code.
§ 6 Right of Withddrawal
You are entitled to withdraw from your contractual declaration within 14 days without giving reasons in text format (e.g. letter, fax, email) or – if the item is released to you before the expiry of the term – by sending back the item. The term begins with the receipt of this instruction in text format but not before the conclusion of the contract and not before the item arrives at the recipient (in case of a recurring delivery of similar wares not before the arrival of the first partial delivery) and also not before the fulfillment of our information obligations according to article 246 §2 in association with §1.1 and 2 of the Introductory Act to the German Civil Code (EBGBG) as well as our duties according to §312e.1 clause 1 of the German Civil Code (BGB) in association with article 246 3 4 of the Introductory Act to the German Civil Code (EGBGB). In order to maintain the cancellation period, it is sufficient to send the withdrawal or the item in time. The appeal for withdrawal must be directed to:
Würzburger Straße 152
- Germany -
E-Mail: Contact form
Consequences of withdrawal
In case of an effective withdrawal, services that have already been received on both sides must be given back and possible uses (e.g. interest) be issued. If you cannot give back the received service completely or partially or only in a deteriorated state, you will possibly have to render a compensation to us to this extent. This may lead to you nevertheless having to fulfill the contractual payment obligations for the period of time until the withdrawal. In case of the cession of items the compensation obligation does not apply if the deterioration of the item is only attributable to the examination of the item as it would have been possible in a retail shop. Apart from that you can avoid the compensation obligation for a deterioration occurring from the commissioning of the item according to the regulations by not commissioning the item as your property and refraining from every action that may compromise its value. Items that are capable of being shipped as a parcel have to be returned to us on our peril. You have to bear the costs of the return if the delivered goods match the order and if the price of the item to be returned does not exceed an amount of 40 euro or if you have not rendered the consideration or a contractually agreed partial payment at the time of the withdrawal in case of a higher price of the item. Otherwise the return is free of charge for you. Items which are not capable of being shipped as parcel will be picked up from you. Obligations about the refund of payments have to be fulfilled within 30 days. The term begins for you with the dispatch of the declaration of revocation or the item and for us with the receipt of it.
Your right of withdrawal will expire prematurely if the contract is completely fulfilled on both sides at your express request before you have exerted your right of withdrawal.
Exclusion of withdrawal
The provider points out that according to §312d.4 of the German Civil Code a right of withdrawal does, among other things, not apply if the delivered product has been purpose-built according to the wishes of a customer or obviously fitted to the personal necessities of a customer or if the product is not suitable to be returned due to its nature.
According to § 312 d 3 2 of the German Civil Code (BGB), withdrawal does not apply if the customer initiates the execution of the service themselves.
According to § 312 4 2 of the German Civil Code (BGB), withdrawal does not apply if the customer unseals the ordered software after receipt.
§ 7 Agreement for the coverage of costs
If you make use of your right of withdrawal, you have to bear the costs of the return if the delivered goods match the order and if the price of the item to be returned does not exceed an amount of 40 euro or if you have not rendered the consideration or a contractually agreed partial payment at the time of the withdrawal in case of a higher price of the item.
§ 8 Terms of payment / Delay
1. The prices are valid as specified on the internet site of the provider at time of the order.
2. The purchase price becomes due with the conclusion of the contract immediately without deduction. The payment of the purchase price takes place at the customer's option by means of the payment methods which are indicated during the ordering process.
3. All prices are to be regarded as final customer prices including the legal value added tax.
§ 9 Reservation of ownership
Until all claims regarding the purchase including payment of the purchase price are fulfilled, the provider reserves the ownership of the sold products.
§ 10 Conditions of use
1. The provider grants the customer a non-exclusive right of use for the products that are purchased on this online presence. According to § 31 II of copyright law (UrhG), holder of a general right of use is who was given the right to transfer the work in an arranged way by the author of the work. In case of a purchase of a non-embodied product, this usage right is not transferable (see §10.6).
2. In case of the download of products, the customer is entitled to save these data on a storage location on the computer which has been used for the download.
3. The customer is furthermore entitled to create a copy of the products purchased from the provider for the purpose of creating a backup.
4. Any commercial usage of the products from the provider is forbidden. The distribution and duplication of the products are especially prohibited. The creation of a backup copy according to § 10.3 of these General Terms and Conditions does not come under this prohibition.
5. The products from the provider may not be used on different computers at the same time. If a product shall be used on a different computer than the one it was used on before, the product needs to be deleted from the computer it was previously used on before it may be installed on the computer it should be used on afterwards.
6. A resale of the products purchased from the provider on this online presence is only permitted if the customer receives these as an embodied item from the provider. This implies that products which are only offered as downloads from the provider may not be resold from the customer to third parties. In case of the existence of an inherent eligibility to resell, the resale may only take place once on behalf of the customer. Should a backup copy of the product exist or should the product be installed on a computer, these need to be deleted before the resale to a third party.
7. Any changes to the products sold by the provider are forbidden. This in particular applies to decompiling (retranslation of the entrusted program code into other code configurations) of the source code of the software.
§ 11 Obligations of the customer
1. The customer is obliged to store the personal access data for his account as well as the necessary data to use the products from the provider in a secure way so that third parties can not gain access to these.
2. Copyright mentions as well as other references to trademark rights may neither be removed nor changed.
§ 12 Breaches of duty by the customer
1. The customer is obliged to compensate the provider for any loss that may result from the violation of the obligations of the customer according to these General Terms and Conditions, especially § 3.1, 3.4 6.3 and 9.
2. In case that third parties enforce a claim against the provider due to a violations of the obligations of the customer, the customer is obliged to release the provider from these at first request. The customer has to bear the costs for a necessary legal representation of the provider including all court and lawyer’s fees as far as they are appropriate. In case of an utilization by other users or third parties, the user is obliged to give the provider all available information which are necessary for an examination of claims and a legal defense immediately. Further claims for compensation of the provider against the customer remain unaffected.
3. The regulations §12.1 and §12.2 of these General Terms and Conditions do not apply if the violation of the obligations is not attributable to the fault of the customer.
§13 Limitation of liability /Indemnity from liability
1. For any other resulting damages than violation of life, body and heatlh, the provider can only be held responsible for the liability if these are based on deliberate or grossly negligent acts or culpable violation of a crucial contractual obligation by the provider, its employees or its vicarious agents. This also applies to damages resulting from the violation of duties at contract negotiations as well as from the performance of unlawful acts. A liability for compensation beyond that is prohibited.
2. The liability is limited to the typically predictable damages at the conclusion of the contract, except for deliberate or grossly negligent behavior, the violation of a cardinal duty or the violation of life, body and health by the provider, its employees or its vicarious agents, and furthermore limited in the amount on the average damages typical for a contract. This also applies for indirect damages, especially loss of profit.
3. No liability and / or responsibility is assumed for information / contents which are accessible via a link on this website.
4. The regulations of the product liability law remain unaffected.
§ 14 Final provisions / Salvatorius clause
1. The provider reserves to change the provisions of these General Terms and Conditions regarding to statutory conditions at any time and without mentioning of reasons.
2. If a customer disagrees with the validity of the new General Terms and Conditions within a a term of four weeks, the provider reserves the right to terminate the contractual relationship with the customer.
3. In the event of individual provisions of this contract being or becoming ineffective, this shall not affect the validity of the contract as a whole.
4. German law is agreed upon for the contractual relationship.
5. a merchant in the sense of the German Commercial Code (HGB) the place of jurisdiction for is the place of business of the provider.