General terms and conditions of rocket-games.ch
1. General points
1.1. The general terms and conditions (hereinafter referred to as General Terms and Conditions) regulate the comprehensive terms and conditions and services between Rocket Games AG (hereinafter referred to as rocket-games.ch) and its customers.
1.2. All correspondence is handled via rocket-games.ch customer service, Glattalstrasse 501, 8153 Rümlang by email to support@rocket-games.ch.
2. Offer
2.1. The offer from rocket-games.ch is aimed at capable customers over the age of 18 who live in Switzerland or the Principality of Liechtenstein. The offers from rocket-games.ch are subject to change and are not to be understood as binding offers.
2.2. The customer receives a confirmation of order receipt, which is not binding. In particular, rocket-games.ch reserves the right not to accept orders if more than normal household quantities of an item are ordered. An order is only concluded upon confirmation of dispatch or readiness to collect the ordered goods.
3. Order and delivery
3.1. Orders are accepted via the website www.rocket-games.ch and in the branches. If it is determined after the order has been confirmed that an item is not available, the corresponding order will be canceled. The customer cannot assert any further claims.
3.2. The delivery period stated in the offer or in the order confirmation is only a guideline and is not binding. If a delivery deadline cannot be met by rocket-games.ch, the customer can withdraw from the order 14 days after confirmation of order receipt by notifying customer service in writing.
Note: There is no right of withdrawal for controllers that the customer puts together individually using the configurator on the online site www.rocket-games.ch.
3.3. rocket-games.ch is entitled to make partial deliveries. If part of the ordered goods cannot be delivered, there is no right to cancel the entire order. The customer cannot assert any further claims.
3.4. Delivery takes place in Switzerland and to Germany, Austria and the Principality of Liechtenstein at the customer's expense and risk. In principle, deliveries are only made to the customer's curbside/mailbox. When ordering, the customer has the option of choosing the paid transport guarantee option, which ensures that the value of the ordered goods will be compensated in the event of transport damage.
3.5. We operate a pickup service
3.6. The customer undertakes to immediately check the delivered/collected goods for accuracy, completeness and integrity. Damage to the delivered/collected goods must be reported to the transport company and rocket-games.ch as quickly as possible, but no later than 5 calendar days after delivery. In the event of complaints, all parts of the original packaging must be retained. These may only be disposed of after the written consent of the transport company or rocket-games.ch.
4. Prices
4.1. Rocket-games.ch has the right to change the price at any time. The price published at the time of the order applies. Price changes that occurred after the order was placed will not be taken into account.
4.2. All rocket-games.ch prices include value added tax (VAT) and advanced recycling fee (VRG) in Swiss francs. Additional costs (e.g. shipping costs, packaging costs, surcharges for certain means of payment, transport guarantee, services and installation fees) are not included in the price and are shown separately and can be charged additionally. Technical changes, errors and printing errors remain reserved.
5. Payment and retention of title
5.1. The payment methods specified on www.rocket-games.ch apply. rocket-games.ch can exclude individual payment methods generally or for individual customers without further justification. rocket-games.ch has the right to charge surcharges on individual payment methods. rocket-games.ch reserves the right to obtain credit checks about the customer and can forward customer data to third parties for this purpose. In the case of a chargeable purchase on account, the customer is obliged to pay the invoice amount within 10 calendar days of receipt of the delivery without any (discount) deductions. In the event of a partial return of the delivered products, the invoice amount can be reduced accordingly with the agreement of customer support.
5.2. Rocket Games Hammerbauer charges a handling fee of CHF 20 for the 2nd and final reminder. If reminders are unsuccessful, the invoice amounts can be assigned to a company commissioned with debt collection (Intrum, Eschenstrasse 12, 8603 Schwerzenbach). In this case, an additional effective annual interest rate of up to 15% may be charged on the invoice amount owed from the due date. The company responsible for debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
Costs in case of late payment:
Processing fee (at the earliest from day 70 after the invoice date, when handed over to a debt collection service provider) depending on the amount of the claim, maximum amount in CHF:
50 (to 20); 70 (to 50); 100 (to 100); 120 (up to 150); 149 (to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the claim (from 50,000).
5.3. When purchasing with debit and credit cards, charges will be made at the time of ordering. When paying via credit and debit cards, the data is transmitted encrypted. When purchasing in advance, the order will only be placed once the corresponding payment has been received by rocket-games.ch. The desired items cannot be reserved during this time. If there is limited availability of goods, it may happen that goods with the status "in stock" can no longer be delivered immediately until the order is placed. If payment has not been received by rocket-games.ch within 5 days, rocket-games.ch can cancel the order. If it is agreed that the ordered goods are picked up by the customer at a rocket-games.ch branch, the entire purchase price including additional costs must be paid upon collection.
5.4. The products delivered by rocket-games.ch or picked up by customers remain the property of rocket-games.ch until the entire purchase price (including all surcharges) has been received by rocket-games.ch. The customer undertakes to treat the products with care as long as they are the property of rocket-games.ch.
6. Warranty and Repairs
6.1 Right of return and exchange (see 10.0 Special features for modified controllers)
The customer has no general right of return or exchange. There is a right of return for individual items subject to compliance with the return conditions. Exchanges are excluded. The delivery note is considered a guarantee certificate. This must be stored carefully. In any case, the return must be requested in writing via email. A return is only possible up to 2 weeks (14 calendar days) after receipt of the goods. The date of delivery is decisive. The goods must be returned in their original packaging, complete with all accessories and accompanied by the delivery note/warranty note. It is carried out at the customer’s expense and risk – rocket-games.ch recommends shipping via registered post with the additional “Assurance” service.
6.2 Procedure for defective devices
The customer can claim a defect in the device, provided there are no reasons for exclusion. Reasons for exclusion can include, in particular, natural damage, moisture damage, impact or fall damage, natural wear and tear, failure to descale household appliances, software problems, incorrect manipulation, damage caused by external influences and interventions in the product or its modification. Excluded from the guarantee are wearing parts, batteries, accumulators, projection lamps and housing parts. If there is a defect that does not fall under the reasons for exclusion, the customer should contact the person designated by the manufacturer or at www.rocket-games.ch using the repair form or via support. In any case, the return to rocket-games.ch must be agreed upon in advance with rocket-games.ch (support@rocket-games.ch). Otherwise, rocket-games.ch can claim business compensation.
Defective devices will not be picked up. The customer must send the defective device to the designated service point or hand it in at the designated location at his own expense and risk. The devices must be sent in with all accessories in the original packaging accompanied by the sales receipt, stating an identification number for the return of goods (RMA number) assigned by the supplier. If the original packaging is missing, the device must be packaged so that it can be transported. Returned devices that are not covered by the warranty period, are sent to an incorrect address, whose return was not agreed upon and/or whose packaging was defective or where the accessories are missing can be returned by rocket-games.ch. Business compensation can be claimed.
If it is determined that a device sent in is not covered by the warranty, a cost estimate will automatically be created for the expected repair costs. This will be invoiced to the customer at a flat rate of CHF 45. If the customer decides to carry out a repair, the flat rate fee for the cost estimate will not be charged to him. If the customer does not respond to the cost estimate, the device will be disposed of after 4 weeks.
6.3 Guarantee period and manufacturer's guarantee
The guarantee period can be seen on the delivery note for each item. This is at least 2 years for new devices. The warranty exchange or warranty repair does not lead to an extension of the original warranty period. The guarantee does not limit the statutory warranty obligation. The guarantee period begins at the time of delivery. If there is a waiting period until delivery, the guarantee period does not yet run. In this respect, in the case of a partial delivery, the warranty period may vary for several devices ordered at the same time.
The guarantee provisions, in particular the manufacturer's guarantee duration, are decisive for the items purchased at rocket-games.ch. The customer must claim this directly at the service point designated by the manufacturer. The customer acknowledges that the manufacturer's warranty provisions generally only provide for a right to improvement (repair) or replacement (replacement delivery), provided there are no grounds for exclusion. The customer is not entitled to any claims for damages or compensation for expenses.
The decision on how to remedy the defect usually lies with the manufacturer. There is no entitlement to a free replacement device for the duration of the repair or the time until a replacement device is delivered. If the defective device is replaced by the manufacturer, the replacement device will be adjusted to the current value of the defective device. The defective device or the replaced parts become the property of the manufacturer. Repairing or replacing a device does not result in an extension of the original rifle performance. If the manufacturer decides to pay compensation instead of repairing or replacing a device, this will be adjusted to the current value of the defective device. The compensation is in no case higher than the purchase price and takes into account that the customer was able to use the device until the defect occurred. If it is determined that the device has no defects or that these are not covered by the warranty, the return shipment will be at the customer's expense and risk. Compensation for business activities can also be charged.
7. Liability
Claims for damages arising from impossibility of performance, from breach of contract, from negligence in concluding the contract and from unlawful acts are excluded, unless there is intentional or grossly negligent action. Liability for indirect damages and consequential damages resulting from use, incorrect performance or loss of performance is excluded.
8. Data protection
Generally
Based on Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these sites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
In collaboration with our hosting providers, we strive to protect the databases as best as possible against unauthorized access, loss, misuse or falsification.
We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.
By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to you personally. As far as personal data (e.g. name, address or e-mail addresses) is collected on our pages, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.
Processing of personal data
Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, transfer, procurement, deletion, retention, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. If and to the extent that the EU GDPR is applicable, we also process personal data on the following legal bases in conjunction with Art. 6 (1) GDPR:
lit. a) Processing of personal data with the consent of the data subject.
b) Processing of personal data to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.
c) Processing of personal data to fulfill a legal obligation to which we are subject under applicable EU law or under the applicable law of a country in which the GDPR applies in whole or in part.
lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject outweigh this. The legitimate interests include, in particular, our commercial interest in being able to provide our website, information security, the enforcement of our own legal rights and compliance with Swiss law.
We process personal data for the period necessary for the relevant purpose or purposes. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.
Cookies
This site uses cookies. These are small text files that make it possible to store specific user-related information on the user's device while the user is using the website. In particular, cookies make it possible to determine the frequency of use and the number of users of the pages, to analyze behavioral patterns of page use, but also to make our offering more customer-friendly. Cookies remain stored beyond the end of a browser session and can be accessed again when you visit the site again. If you do not want this, you should set your internet browser so that it refuses to accept cookies.
8.3 Advertising and newsletters
The data collected may be evaluated and used for marketing and advertising purposes. rocket-games.ch is not interested in the purchasing behavior of individual people. With purpose-specific evaluations, rocket-games.ch forms target groups that enable customers to be informed individually about offers and other services. However, the customer has the option to forego advertising at any time. If you decide that you no longer want advertising, you can report this to customer service. Such a waiver relates solely to advertising in connection with rocket-games.ch and does not affect the advertising of Rocket Games per se. Every customer can subscribe to an electronic newsletter, which they can easily unsubscribe from at any time. rocket-games.ch uses Google Analytics and uses so-called cookies, text files that are stored on your computer and which enable analysis of the use of the website.
8.4 Data sharing
The combined data may be passed on to Rocket Games companies for advertising purposes. They have the right to process the data for their own marketing purposes and to supplement it with additional characteristics (such as household size, home ownership, age, income class, etc.) through address dealers. Data is also passed on to companies that process the data as part of a contractual relationship. In individual cases, data may be transferred abroad (Germany). It is ensured that the commissioned companies do not use the data beyond the specific order and that they neither use the data for themselves nor pass it on to a third party.
8.5 Retention obligation / deletion of data
The data will be retained for 10 years after the end of the contractual relationship and then deleted.
9. Place of jurisdiction, applicable law
These general terms and conditions may be changed at any time. Only Swiss law applies. The place of jurisdiction is the customer's place of residence or Rocket Games' headquarters.
10.0 Special features of modified controllers from Rocket Games
(1) The customer has two options in this respect: On the one hand, he can select a controller pre-configured by Rocket Games from the range offered in the online shop http://www.rocket-games.ch by clicking on it. On the other hand, he can use the configurator contained in the online shop to put together a controller individually by clicking on the components offered there for selection (which will be individually manufactured according to the customer's specifications selected in the configurator when the contract is concluded).
(A) Second step: Confirmation of the selection by the customer by clicking the “ADD TO CART” button; The ordered goods are then placed in the shopping cart by the online shop's electronic system.
(B) Third step: If the selected goods have been successfully placed in the shopping cart, the customer receives the confirmation "The item has been successfully placed in the shopping cart". On the one hand, the customer then has the opportunity to check the shopping cart and, if necessary, edit or correct it by clicking on the "VIEW CART" button (the customer will be taken to another page after clicking on "VIEW CART") where the customer can check and edit his selection and in this way correct it if necessary). As a second option, the customer can click on "PAY" and will then be directed to a page where the customer data is recorded or where the customer (if he is already registered) can log in.
The customer also has the option of selecting the payment method from the four payment methods offered there by clicking on it. Further up (review section) on the page, the customer has the opportunity to read, download and permanently save these terms and conditions by clicking on them. The customer confirms that he agrees to the terms and conditions by completing the purchase with the BUY button. "I have read the terms and conditions and agree to their validity
(C) Receipt of the order will be confirmed by Rocket Games by an automatically generated confirmation of receipt by email. This does not constitute acceptance of the offer (see above).
(2) The customer knows and agrees that the refinement is carried out in such a way that Rocket Games uses a commercially available standard controller (these are original controllers of the model/manufacturer selected by the customer) as the basis and its exterior Changes the design, as can be seen from the respective offer in the online shop, and makes the technical modifications to the controller specified in the online shop or selected via the configurator (e.g. installing so-called “paddles”). Due to the conversion that is taking place, it is necessary to examine the functionality of the controller and test it before shipping it to the customer. Therefore, there may be minor signs of wear and tear on the controllers refined and delivered by Rocket Games.
(3) Preconfigured controllers will be sent by Rocket Games to the customer within thirty days of sending the order confirmation. Controllers configured by the customer using the configurator will be sent by Rocket Games to the customer within thirty days of sending the order confirmation.
10.1 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must contact Rocket Games Hammerbauer Glattalstrasse 501, 8153 Rümlang, represented by its managing director Fabian Hammerbauer. E-mail: info@rocket-games.ch) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to revoke this contract.
Note: There is no right of withdrawal for controllers that the customer puts together individually using the configurator on the online site www.rocket-games.ch.
10.2 Warranty for modified controllers
The following components of the goods are covered by the 2-year guarantee:
- Paint on the controller
- Buttons on the controller
- Smart triggers
- Smart Pumpers
- Rocket Sticks excluded from warranty (The controller stick drift is up to 90 days covered by manufacturer's warranty from the day of delivery)
- Rocket Paddles
- The warranty does not cover mechanical damage or damage caused by incorrect use of the goods, particularly when the controller is hit, thrown or pressed excessively.
10.4 What is not covered by the warranty and what is excluded from this warranty?
- “Normal Wear and Tear”: Wear and/or defects resulting from normal use, wear and/or aging.
- Intentional or negligent damage to the product by the user, such as improper use, dropping, throwing or other misuse of the product.
- Excessive or unreasonable use of the product, such as: B. commercial use.
- Using the product near liquids, moisture or chemicals.
- Modifications or manipulations of the product, such as: B. Attempts to open, disassemble, modify, customize or repair the product yourself.
- Using the product at extreme temperatures or under extreme conditions.
- Attempt to charge or charge the Product through electrical outlets and/or connect the Product to faulty power cords or to power cords that exceed the Product's rated ratings.
- Electrical damage from power surges, lightning, or other sources external to the product.
- Scratches, dents or other visual changes to the product or its appearance compared to its original condition.
10.5 Rocket Guard is a protection option for customers
Rocket Guard helps you repair your controller outside of warranty. Some defects due to use and wear are not covered.
10.6 Further information about sticks
Here is a report about PS5 sticks from hardwareluxx.de
''Since the stick has a total lifespan of 2 million cycles, the durability is around 400 hours - at least when extreme maneuvers and inputs are used for certain games. So even if the stated lifespan is only an estimate from iFixit, it could be an indicator that there will be more problems for PS5 owners in the future. The sticks are put under a lot of strain, especially in first-person shooters.''
Source: Link
11.0 General Conditions for Care+ Subscribers
- Care+ Basic or Premium is additional protection insurance for your controller including stick drift. The monthly installments are debited via the credit card.
- Care+ can only be subscribed to when purchasing a new controller. The subscription is automatically recorded and activated in the system. Rocket Games AG checks the subscription receipts on a daily or weekly basis. Rocket Games AG reserves the right to cancel subscriptions that were not subscribed to as a result of a new purchase or due to suspicion of fraud and to withdraw from the contract between the customer and Rocket Games AG.
- The term after 12 months is not automatically extended.
- If the monthly fee of a subscription is interrupted or canceled, the customer has no right to a repair.
- Care+ can only be used once for a general repair including stick drift. After the first general repair including stick drift, the customer has no right to a second repair.
- The purchase of the controller including subscription can only be completed using a credit card.
- A Care+ repair can be registered via our RepairPortal.
- The customer has the right to withdraw from the purchase of the subscription without reason within 14 days (support@rocket-games.ch).