1. 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:

 

Gamesrocket GmbH

Würzburger Straße 152

63743 Aschaffenburg

- Germany -

 

 

E-Mail: Contact form

 

 

2. 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.

 

 

3. Specific indications

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.

 

 

4. 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.

 

 

 

 

Explanation of Right of Withdrawal:

 

Gamesrocket points out that, according to § 312d 4 (BGB), the right of withdrawal does, among other things, not apply if the delivered good was made according to customer specifications or was tailored to the customer’s needs or if the good is not suitable for a return due to its nature.

The right of withdrawal does not apply for digital goods such as eBooks, audio books, audio or video files, eSeminars or other software as they are not suitable for a return due to their nature.

 

At the moment, Gamesrocket is only offering digital goods in its shop. A return of goods and a corresponding refund of the purchase price cannot be granted after the download link and the activation code have been made available for the customer because the product is deemed to be unsealed and is consequently not suitable to be returned.

In exceptional cases, the customer support can initiate a special audit for refund if the related request is made no later than 24 hours after purchase.