Customer and Consumer Information and General Terms and Conditions of Use and Business of GameCycle recommerce GmbH

GameCycle is a service through which you can easily sell used products – particularly mobile phones, DVDs, CDs, books, consoles, playback devices, as well as video and computer games (provided they are listed in our product catalog) – to us at a fixed price (see in particular § 2 "Purchase by us"). In addition, you have the option to purchase both used products and new books as well as accessories for mobile phones and tablets from us at attractive prices (see in particular § 3 "Sale by us"). The following general terms and conditions of use and business (T&Cs) apply to the use of our website, our app, and our service.

1 General Terms of Use and Common Provisions for Purchases and Sales

I. Applicability of these T&Cs; Contracting Party; Contract Language and Applicable Law; Availability of Contract and Account Data; Customer Service; Trusted Shops

  • All contractual relationships between you and us are subject to these T&Cs. Subject to priority individual agreements, we expressly do not recognize any deviating or supplementary provisions and T&Cs. This applies both to the use of our service and to any purchase and sales contracts between you and us. Our offer is expressly directed exclusively to end consumers; the sale of our products is therefore only for private use. Should you buy or sell as a business contrary to this requirement, GameCycle is not liable for the resulting financial or legal disadvantages. In your capacity as a business, the statutory provisions apply to your purchase or sale. This means that you have no right of withdrawal, warranty rights are limited to 1 year, and the "GameCycle Guarantee" does not apply. In addition, you bear the transport risk for both purchases and sales, i.e., the risk of accidental damage, deterioration, or destruction of the goods during transport. Businesses are also subject to the obligation to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). Separate invoicing for businesses is not provided. Furthermore, no emission credits can be issued for purchases of used devices via GameCycle.
  • The usage relationship as well as all purchase and sales contracts are concluded between you and us, GameCycle recommerce GmbH, with registered office at Erkelenzdamm 11-13, 10999 Berlin. The company is legally represented by the managing directors Dr. Philipp Gattner and Marcel Erian and is registered in the Commercial Register of Charlottenburg under HRB 109344 B.
  • The exclusive contract language is German. Subject to priority mandatory provisions of foreign law, only German law applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
  • We commission companies of the GameCycle Group to provide logistics, repair and/or service (customer service) for you.
  • Should individual provisions of the contract between you and us, in particular provisions of these terms of use and contract, wholly or partially violate mandatory law or be void or invalid for other reasons, the validity of the remaining provisions of the contract and these terms of use and contract shall remain unaffected.
II. Contract Text and Account Data; Customer Service

  • Contract texts are stored by us in accordance with legal requirements as part of our commercial accounting. If you wish to view your contract texts, please contact our customer service: https://webexplainerium.com/my/contact. We also recommend that you save or print out the contract documents sent to you by email for your records. If you have carried out your purchase or sale directly via www.gamecycle.de, you can view your data as well as the status of your current purchases and sales at any time via the "My Account" link on www.gamecycle.de. This option is not available if the purchase or sale was made via the website of one of our partners.
  • Our customer service is available for questions, complaints, and grievances. You can reach us via the following link: Contact Customer Service
III. Use of Our Service; Registration and Deregistration; Newsletter; Use of Your Data by Us; Reviews and Grant of Rights

  • To use our services, you must have full legal capacity and register on our pages. Registration is free of charge.
  • For registration, you must complete the online registration form for account opening in full (including first and last name) and truthfully. Changes to your data must be updated by yourself. All changes can be made online after logging in under "My Account". To prevent misuse, you are obligated to treat your registration data confidentially and not make it accessible to third parties. Each customer may only open one customer account. In case of violations, we reserve the right to block subsequently created customer accounts or to terminate the business relationship completely.
  • Furthermore, it is at the sole discretion of GameCycle to enter into or maintain business relationships with you. We expressly reserve the right to suspend business relationships temporarily or permanently for other reasons as well, particularly in case of violations of these General Terms and Conditions.
  • If you wish to delete your data with us, use our contact form at https://webexplainerium.com/my/contact. Then select the topic "Delete account". We will then send you an email with a link through which you can confirm the deletion of your account. Your account will be blocked immediately; the deletion of the stored data will take place separately after all outstanding purchase and sale transactions have been completed and statutory retention periods have expired. Therefore, please make backup copies of all data in your account that you still need beforehand.
  • Insofar as you have placed an order with us, it is part of our service to inform you about the status of your delivery by the shipping service provider.
2 Purchase of Your Products by Us (Purchases)

I. Conclusion of Contract and Further Process

  • You can make us an offer to purchase your products by using one of the corresponding purchase functions on our website at www.gamecycle.de or in our app (classic purchase or purchase as part of a trade-in, i.e., with simultaneous creation of a purchase and sale).
  • To do this, you specify the offered product using our product catalog and describe its condition if necessary (for this we usually provide a criteria catalog). We only purchase products that are included in our product catalog and meet our requirements for condition. You can then review your information and correct it if necessary before submitting a binding sales offer to us by clicking on the "Complete Sale" button or completing the trade-in order process. You can revoke your offer until the product is shipped by canceling the order. Once the product has been received by the shipping service provider, it is no longer possible to revoke the sales offer. We also reserve the right to cancel an order created by you at any time until handover to the shipping service provider without giving reasons.
  • You have 14 days from submission of your sales offer to send us the product you have offered. As soon as the product has been received by us, we will immediately check its condition. Please note that we may reject entire shipments regardless of the condition of individual products if inspection of the shipment contents is unreasonable for health reasons. As a rule, this is the case when the shipping packaging or parts of the contents are heavily soiled or odors indicate moisture or mold formation. Any additional costs incurred are to be borne by you. If the product, including its condition, corresponds to your description, we will accept your offer by email at the previously determined price. This establishes a corresponding contract between you and GameCycle. This also applies if you use our service via the pages of one of our cooperation partners.
  • If the inspection of the goods reveals that the actual condition deviates from the condition specified in your condition description, we reject your sales offer and submit a new purchase offer to you by email with a price adjusted according to our criteria and the actual condition of the goods (counteroffer).
  • You can accept or reject this counteroffer within 14 days of receiving our email. For this purpose, we provide you with a separate website that you can access via the link contained in the email. If you accept our counteroffer, the contract is concluded between you and us on the basis of the counteroffer.
  • If you reject our counteroffer, no contract is concluded. We will send your product back to you at the address you provided free of shipping costs and at our risk after prior notification by email.
  • If you do not respond to our email with the counteroffer within 14 days, i.e., neither expressly accept nor reject it, we assume that you wish to accept our counteroffer. In this case, a contract is also concluded on the basis of our counteroffer. We will expressly point out this consequence to you again in the email with the counteroffer.
  • If our inspection of the items you have sent reveals that we cannot purchase the products (e.g., items not included in the range or books marked as reading, review, or examination copies) or cannot offer you a price (e.g., defective goods), we reject your sales offer and offer to send the product back to you at the address you provided free of shipping costs and at our risk. Alternatively, you can choose for the product to transfer to our ownership and thus remain with us.
  • Insofar as you have sent us a product from the media category (e.g., book, DVD, computer game) and do not respond to our counteroffer within 14 days, we assume that you wish to accept our counteroffer. In this case, a corresponding contract is also concluded on the basis of our counteroffer. We will expressly point out this consequence to you again in our email with the counteroffer.
  • If you offer us several products, a separate purchase contract is concluded for each individual product (for identical products only under the following conditions).
  • A purchase is only made in customary quantities for private customers. If you offer us the same product multiple times or an unusually high number of products from the same category, we expressly reserve the right to make acceptance of your offer dependent on the prior submission of proof of ownership for the products offered. The same applies if you offer us an unusually high number of products for sale overall for a consumer or create an unusually high number of individual orders. Should we exercise this right, you will be contacted by our customer service.
  • Notwithstanding this, we reserve the right to submit a new offer (counteroffer) to you for each of these products in the above-mentioned cases, to reject your offer, or to classify you as a commercial customer.
  • Should you send us additional products beyond those specified in your offer in the package, we assume, due to the shipment arranged by you, that you also wish to sell and transfer ownership of these products to us without additional compensation at the expected price stated on our website or in the app, unless other circumstances indicate otherwise or you provide a corresponding declaration within 10 working days from handover of the package to the transport service provider. Other circumstances exist in particular when it is evident that the enclosed items were not knowingly and willingly sent, for example identity documents, cash, or other securities. In these cases, our customer service will contact you.
  • Insofar as we accept your offer, the stated price also includes all products from the package you sent for which you have not previously created a separate offer on our website or in our app. Upon acceptance by us, the entire contents of the package become our property in full.
  • Should we offer you a new price for the product due to a deviating condition of the product you offered, this offer also applies to the complete contents of the package you sent, unless a separate offer was previously generated by you via our website or our app for other products from the package, or if these are items that were evidently not knowingly and willingly enclosed.
  • We reserve the right to return products to you that were not included in your online offer and to charge you the costs for the return shipment.
  • If we receive a product that we cannot assign to any customer or order, we will store it for a total of 3 months from receipt. If the product cannot be assigned to a customer within this period, ownership of the product transfers to GameCycle GmbH. It will then be utilized or disposed of by GameCycle.
  • GameCycle reserves the right to request proof of ownership in order to assign the product to a person.
  • During the inspection of goods offered by GameCycle, minor changes to the item may sometimes occur, which are as follows:
  • Removal/blackening of personal dedications, stickers, or addresses
  • Removal of personal protective covers/bindings
  • Opening of shrink-wrapped/originally packaged products and accessories
  • Attaching a removable sticker (object ID)
  • Removal of protective films and embellishments
  • Removal of dirt
  • Attaching security labels at relevant locations
  • The inspection of the goods sent in takes place before we accept your offer or submit a counteroffer. Should you reject a counteroffer from us, this means that your item will be returned to you with corresponding minor modifications.
  • Insofar as this is expressly stated in the purchase process, GameCycle offers so-called express processing for certain items. You can optionally request this function. Since the execution of express processing depends on various internal and external factors (e.g., correspondence of package contents with the created sales order, condition of the shipment, logistics capacities), there is no entitlement to express processing. If you express the wish for such express processing in the purchase process, GameCycle will, as far as possible, process your sales order with priority. This means that the order will be processed within one business day after receipt of the shipment and, in accordance with the requirements of § 2.I. No. 1–5, will either (i) be accepted and payment will be initiated in accordance with § 2.III. (Payments), or (ii) be rejected and—only if the requirements are met—a counteroffer will be made. Insofar as it is not possible for GameCycle to complete these steps within one business day after receipt of the shipment, the sales order will nevertheless be processed according to the aforementioned requirements of § 2.I. No. 1–5. In this case, if your sales offer is accepted, GameCycle will pay you the displayed price for the sales order plus the express amount, so that you do not suffer any financial disadvantage.
II. Submission for Purchase; Submission Costs; Transport Risk; Data Backup and Data Deletion

  • The submission of products from Germany and Austria is free of charge for you if you use the postage label provided by GameCycle or arrange for collection at your residential or business address by GameCycle (through a transport company commissioned by GameCycle). Collection at your residential or business address by GameCycle is only possible from Germany. GameCycle provides the postage label free of charge for printing on the website after placing the order. Shipping with the postage label is insured. If you wish to have the goods collected and the handover to the transport company fails for reasons attributable to you, the collection will not be carried out again. Free collection is then no longer possible. In all other cases, submission is at your expense. The acceptance of unpaid or insufficiently franked submissions may be rejected by GameCycle. You must cover any additional costs incurred.
  • All products that you send to GameCycle must be carefully packaged and sent insured with the return label provided by GameCycle. Should you not comply with these requirements, the risk of damage, and in the case of private shipment also of loss, during transport lies with you. Furthermore, GameCycle reserves the right to request proof of ownership or purchase receipts for the products you have shipped. If you are not the owner of the shipped products or cannot prove your ownership of the shipped products to GameCycle, the risk of damage and also of loss during transport also lies with you.
  • When shipping products to GameCycle, you must comply with all regulations that apply to the sender of hazardous goods.
  • Hazardous goods are defined as substances and objects that, due to their nature, properties, or condition, pose a danger to public safety or order. This regularly includes, but is not limited to, lithium-ion batteries installed in electronic products.
  • If you wish to send a product to GameCycle that is operated with the help of a lithium-ion battery, this battery must have been properly inserted into the device before shipping.
  • If you wish to send more than two products with inserted or permanently installed batteries in one package to GameCycle, you are also obligated to mark your package with the legally required sticker as a hazardous goods shipment. The same obligation applies to you if you have not inserted the battery belonging to the product into the device or have enclosed a spare battery.
  • I notice you've sent the English translation back again. Is there additional German text you need translated, or would you like help with something else?
  • You are not permitted to send devices to GameCycle whose battery has already expanded to such an extent that the back cover of the device bulges or detaches. This applies to both permanently installed and merely inserted batteries. An ordinary return shipment of such a device to you with this defective battery is prohibited by law. GameCycle will inform you of this circumstance.
  • Should we discover a defect in the battery during the inspection of your device that results in the return shipment of the battery being prohibited, we will inform you of this circumstance. You then have the choice between the safe return shipment of your device without the battery or the free disposal of the entire device by GameCycle.
  • Attaching security labels at relevant locations
  • You undertake to back up data such as address book entries, messages, photos, music, etc. from devices before sending them in and then permanently and securely delete them. GameCycle typically carries out—without being obligated to do so—data deletion, factory resets, and, if necessary, software updates as part of goods receipt and inspection, which regularly result in the permanent deletion of existing data. GameCycle is therefore neither responsible for the backup and preservation of personal data nor for ensuring that this data does not fall into the hands of third parties.
III. Payments

  • If you submit an offer to GameCycle to purchase products, payment will be made immediately after acceptance of the relevant offer, counteroffer, or new offer by us or you via the payment method you have selected. The payment methods available to you are bank transfer to your bank account, transfer to your PayPal account, and payment in the form of a GameCycle voucher. When creating a trade-in, only a transfer to your PayPal account is possible, as an exception.
  • Should you choose payment by bank transfer to your bank account, the risk of an incorrect transfer due to incorrectly provided bank details lies with you. Depending on the bank and country, payments are credited to your bank account 2 to 7 business days after instruction by GameCycle. In the case of a transfer abroad, you bear any costs incurred. Please inquire about any costs for your specific transfer request with your banking institution.
  • Should you choose payment to your PayPal account, the risk of an incorrect transfer due to incorrect specification of your PayPal account lies with you.
  • Should you choose payment in the form of a GameCycle voucher, you will receive an email with the voucher code to the email address stored in your customer account upon completion of processing of your order. The voucher value consists of the purchase price of your products and a premium of 10% of the purchase price. The exact payment amount will be displayed to you at the end of the order process in your order summary. Payment of the voucher value in cash is excluded. Otherwise, the General Voucher Terms and Conditions (VIII) apply.
  • If you express the wish for an express order in the purchase process, but we cannot fulfill this wish, in the case of acceptance of your sales offer by GameCycle, we will pay you the price displayed to you for the created sales order plus the amount for express processing, so that you do not suffer any financial disadvantage.
IV. Ownership and Assurances Regarding Products upon Purchase; Indemnification by You

  • By submitting your offer to GameCycle, you assure that you are the lawful owner of the offered product and have the authority to sell this product to GameCycle and transfer ownership of it. You further assure that the products you offer are free from any rights of third parties.
  • Furthermore, by submitting your offer to GameCycle, you undertake to indemnify GameCycle against all claims of third parties of any kind and origin relating to the offered products, as well as to compensate for any damages, including the costs of potentially necessary or advisable legal and/or court assistance arising therefrom or in connection therewith.
3 Sale of Products by Us to You (Sales)

I. Conclusion and Process of the Contract; Retention of Title; Default

  • The presentation of products in GameCycle's online shop does not constitute a legally binding offer, but merely a non-binding online catalog.
  • By selecting one or more products on GameCycle's pages (in this catalog), adding them to your virtual shopping cart, completing the further order process, and finally clicking the correspondingly marked "Buy Now" button, you submit a binding order (purchase offer) to GameCycle for the products contained in your shopping cart. Please note that products in the virtual shopping cart do not constitute a reservation.
  • Before sending an order, you have the option to review your order at GameCycle once more and, if necessary, correct or completely delete it by clicking the correspondingly labeled buttons.
  • After you have sent your order, we confirm receipt of your order by email, which contains the content of your order and all contract information. This email (order confirmation) already constitutes our acceptance of your offer. If you have chosen the payment methods advance payment, PayPal, PayPal Express, credit card, or instant bank transfer, we will execute your order immediately upon receipt of full payment. We will ship the ordered goods to the address you provided. We will inform you about the shipment of the ordered goods by means of a shipping confirmation via email. The shipping confirmation additionally contains a link to your invoice.
  • All goods remain the property of GameCycle until full payment. This also applies to businesses until the complete settlement of our future claims arising from the ongoing business relationship, including interest and costs.
  • If the customer is in default with payment obligations to GameCycle, all existing claims become immediately due.
II. Subject Matter and Condition of Contract

  • The subject matter of the contract are the products specified by you as part of the order (placed in the shopping cart and subsequently ordered) and mentioned in GameCycle's order and order confirmation at the final prices stated therein.
  • Befindet sich der Kunde GameCycle gegenüber mit Zahlungsverpflichtungen in Verzug, so werden sämtliche bestehenden Forderungen sofort fällig.
  • Used goods may show signs of use, soiling from previous use, minor defects or functional limitations that do not or only slightly restrict normal use, as well as similar limitations typical for used goods. This is stated in GameCycle's product descriptions in the catalog; please read the product description carefully to avoid misunderstandings.
  • For hygienic reasons, headphones are not included when ordering electronic products from GameCycle.
  • The images on GameCycle's website and in the catalog may only represent the offered products inaccurately; in particular, colors may deviate considerably for technical reasons. Images serve merely as illustrative material and may differ from the product; in some cases, they are symbolic images or type representations, not images of the specific product. If this is the case, GameCycle expressly informs you of this. Information such as drawings, illustrations, technical data, weight, dimensions, and performance descriptions are customary approximate values.
  • Reviews of GameCycle products reflect solely the opinion of the respective author. They are not part of the product description or condition specifications; no claims against GameCycle can be derived from them.
  • Technical devices from GameCycle should generally only be put into operation once they have fully reached ambient room temperature; devices may cool down particularly during transport, which must first be equalized before commissioning.
  • Some of the electronic products offered by GameCycle are advertised by their manufacturers as water-protected and are marked with a corresponding IP rating. The requirements for certification were tested under controlled laboratory conditions. Devices certified according to IP68 are considered water-protected for a depth of up to 6 meters and a duration of up to 30 minutes. Devices certified according to IP67 are considered water-protected for a depth of up to 1 meter and a duration of up to 30 minutes. Protection against water and dust is not permanent and decreases with use of the device. We therefore sell our devices as not water-protected, as we cannot verify the degree of wear from previous use. This means that the agreed condition of the devices offered by GameCycle does not include water protection, and warranty as well as guarantee claims for any type of water damage are excluded.
  • The water resistance advertised by the manufacturer regularly refers only to contact with clear water. The protection advertised by the manufacturer does not apply to saltwater, soapy water, alcohol, or other liquids and is only provided if the SIM card holder is completely inserted in the device so that no water can penetrate. A GameCycle device that has become wet or damp should be switched off and not used until it is completely dry. Under no circumstances may it be charged until the device is completely dry. For more detailed information about the water protection advertised by the manufacturer and the exact handling of devices that have become damp or wet, we refer you to the manufacturer's specifications and the operating instructions for the corresponding device.
  • Some devices from GameCycle, for example certain smartwatches, are additionally certified according to ISO standard 22810:10 and are considered waterproof up to 50 meters. This means that these devices are suitable for activities in shallow water, such as swimming in a pool or in the sea. Water protection does not apply when jumping into water and during other water activities at high speeds or those where the device is exposed to high pressure. The protection applies only to water and does not extend to other liquids such as soapy water, juices, or alcohol. For additional information on the water resistance of correspondingly certified devices, we refer to the manufacturers' specifications.
III. Prices and Payment Terms

  • All prices stated in our GameCycle product catalog are final prices in euros and are exclusive of shipping costs. The customer receives a link to their invoice with stated VAT with the shipping confirmation, provided it is not goods subject to margin taxation. In the case of margin taxation, VAT is included in the purchase price but is not separately stated in accordance with the provisions of the Value Added Tax Act.
  • Your payment can generally be made to GameCycle via bank transfer (advance payment), instant bank transfer, credit card, PayPal, PayPal Express, or the payment service provider Klarna. For the payment of a product as part of a trade-in, only payment via PayPal is possible, as an exception.
  • If you select advance payment as the payment method, we will provide you with GameCycle's bank details in the order confirmation and also on the completion page as soon as the order has been placed. The invoice amount must be received in GameCycle's account within 10 days.
  • For payment by credit card, the invoice amount is collected immediately by GameCycle upon conclusion of the contract.
  • The operator of the "Instant Bank Transfer" service, Sofort GmbH, has taken out insurance on your behalf that compensates for damages in case of misuse according to certain provisions. The corresponding provisions can be viewed at the company. This is intended to protect you from potential liability risks within the scope of the insurance coverage. In this context, we point out that there are many banks and savings banks that assume that the use of the "Instant Bank Transfer" service by GameCycle leads to a shift in liability in case of misuse by third parties due to the use of your PIN and TAN. This may result in these banks refusing to cover the damage in case of misuse, and ultimately you having to bear the damage.
  • The operator of the "Instant Bank Transfer" service, Sofort GmbH, has taken out insurance on your behalf that compensates for damages in case of misuse according to certain provisions. The corresponding provisions can be viewed at the company. This is intended to protect you from potential liability risks within the scope of the insurance coverage. In this context, we point out that there are many banks and savings banks that assume that the use of the "Instant Bank Transfer" service by GameCycle leads to a shift in liability in case of misuse by third parties due to the use of your PIN and TAN. This may result in these banks refusing to cover the damage in case of misuse, and ultimately you having to bear the damage.
  • In order to offer you purchase on account as a payment method, GameCycle cooperates with Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). If an effective purchase contract is concluded between you and GameCycle when using Klarna invoice purchase, GameCycle assigns its payment claim to Klarna. Otherwise, Klarna's General Terms and Conditions apply. These are part of these General Terms and Conditions and apply whenever you choose Klarna invoice purchase as a payment method. If you choose Klarna invoice purchase as a payment method, you consent, as part of your order, to the disclosure of your personal data and the data relating to your order to Klarna for the purpose of identity and credit checks as well as contract processing.
  • We reserve the right to provide you with vouchers at our discretion, which may be subject to additional conditions such as minimum order values or redemption deadlines. Such conditions will be noted on the respective voucher. Only one voucher can be redeemed per order. A voucher cannot be combined with other vouchers from, for example, other promotions. Vouchers linked to new customer status are limited in quantity to one voucher per customer. In case of exceeding the quantity limit, we reserve the right to make the voucher value from unauthorized redeemed vouchers the subject of set-offs and/or to charge you the amount. Vouchers are not applicable to purchases via the GameCycle marketplace platform.
  • In the case of a collective order, the voucher will be proportionally offset against the ordered goods and their purchase price, so that in the event of a withdrawal (see § 3 V. of these T&Cs) regarding individual goods from a collective order (partial withdrawal), we will pay you the purchase price reduced by the proportionally credited voucher value.
  • You have the option to purchase virtual gift vouchers for GameCycle's online shop. The gift vouchers are available with various predefined monetary values. After payment of your GameCycle gift voucher, you will receive the voucher code by email to the email address stored in your customer account. To redeem the voucher, you must enter the voucher code in the designated field during the payment process. The voucher value will then be deducted from the amount to be paid. The remaining value of the voucher will be credited to your voucher account for use with your next purchase. More detailed information can be found in the General Voucher Terms and Conditions (VIII).
IV. Delivery; Shipping Costs; Order and Shipping of Items Without Youth Clearance; Transport Risk

  • As soon as the ordered goods are available, we will send them, unless otherwise agreed with you, immediately (for the payment methods advance payment, PayPal, credit card, or instant bank transfer: immediately upon receipt of payment) to the address or Packstation you specified when placing the order with GameCycle.
  • When ordering items without youth clearance, delivery to a Packstation by GameCycle is unfortunately not possible.
  • The delivery time depends on the transit time with the commissioned shipping company and is 1–5 business days, starting from receipt of payment, unless otherwise stated in GameCycle's offer.
  • Should delivery to you by GameCycle not be feasible because the delivered goods do not fit through your front door, entrance door, or stairway, or because you cannot be reached at the delivery address you provided, you bear the costs for the unsuccessful delivery.
  • Should the delivery of the goods fail due to your fault despite two delivery attempts, we at GameCycle hereby declare our withdrawal from the contract. Any payments made by you will be refunded immediately; this applies minus the incurred shipping costs. We reserve the right to make these the subject of a set-off.
  • For items without youth clearance, we are legally obligated to ensure that such items can only be purchased and ordered by adults and that they are only delivered and handed over to the person who ordered the product. To do this, we ship using the "personally" shipping method and have the delivery company conduct a "face-to-face" age verification, which requires you to show your identity card. The delivery address must match the address on your identity card. This is indicated for the affected GameCycle products. Increased shipping costs resulting from the aforementioned shipping method, see below.
  • The shipping costs indicated in GameCycle's order process apply. For items without youth clearance, the indicated surcharge for the USK verification service ("identity and age verification") applies.
  • If you make a purchase for a purpose that cannot be attributed to either your commercial or self-employed professional activity (consumer), we at GameCycle bear the transport risk until the goods are handed over to you by the carrier. The transport risk also transfers to you as soon as the goods have been delivered to a preferred location you have specified with the shipping service provider.
V. Right of Withdrawal for Contracts with Consumers

  • If you are a consumer, i.e., you make the purchase for a purpose that can predominantly be attributed to neither your commercial nor your self-employed professional activity, you have the right of withdrawal described below vis-à-vis GameCycle.
  • The right of withdrawal does not exist, among other things, according to § 312g Para. 2 BGB (German Civil Code) for the following contracts: contracts for the delivery of sealed goods by GameCycle that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
  • Before returning data carriers and devices with internal data carriers (e.g., internal hard drives, flash memories, and other storage devices), you must yourself ensure the prior backup and effective deletion of the data you have stored on them. GameCycle assumes no responsibility for the backup of this data and its effective deletion before reselling these products to third parties.
  • When returning the goods, please use the original packaging if possible and, if necessary, protective outer packaging. Should you no longer have the original packaging, please ensure adequate protection of the goods against transport damage with suitable packaging to avoid claims for damages due to damage to the goods resulting from inadequate packaging. The goods must be returned including the original GameCycle accessories. If these accessories are missing, the refund amount will be reduced accordingly. The same applies if original accessories marked with a GameCycle seal are returned without this seal.
  • When returning the goods, please use the original packaging if possible and, if necessary, protective outer packaging. Should you no longer have the original packaging, please ensure adequate protection of the goods against transport damage with suitable packaging to avoid claims for damages due to damage to the goods resulting from inadequate packaging. The goods must be returned including the original GameCycle accessories. If these accessories are missing, the refund amount will be reduced accordingly. The same applies if original accessories marked with a GameCycle seal are returned without this seal.
  • For the refund of the purchase price, we use the same payment method that you used during the original transaction with GameCycle. If you redeemed a voucher with a collective order, the purchase price to be refunded by us is reduced by the voucher value credited to the respective product, see § 3 III 3. of these T&Cs.
  • For a transfer to a GameCycle bank account, depending on the bank and country, payments will be credited to your bank account 2 to 7 business days after instruction by us. In the case of a transfer abroad, you bear any costs incurred. Please inquire about any costs for your specific transfer request with your banking institution.
VI. Warranty, Limitation Period and Limitation of Liability, Backup and Deletion of Data, Requirement of Defect Notification (only for Businesses)

  • I see you've sent back the English translation. Do you have more German text you'd like me to translate?
  • If a warranty case exists, please contact us via our contact form: [GameCycle Contact Form]. Additionally, you can access our returns portal on our page [GameCycle Returns Portal]. Please note that the goods must be returned including the original GameCycle accessories. If these accessories are missing, a possible refund amount will be reduced accordingly. The same applies if original accessories marked with a GameCycle seal are returned without this seal.
  • In the case of a refund of the purchase price, we use the same payment method that you used during the original transaction with GameCycle.
  • Bei einer Überweisung auf ein Bankkonto von GameCycle werden je nach Bank und Land Auszahlungen nach 2 bis 7 Werktagen nach Anweisung durch uns Ihrem Bankkonto gutgeschrieben. Im Falle einer Überweisung ins Ausland tragen Sie ggf. anfallende Kosten. Bitte erfragen Sie etwaige Kosten Ihres konkreten Überweisungswunsches bei Ihrem Bankinstitut.
  • The legally mandated warranty rules and limitation periods apply, with the following restrictions:
  • If you make a purchase for a purpose that can predominantly be attributed to neither your commercial nor your self-employed professional activity (consumer), the statutory warranty period of 24 months applies to new goods from GameCycle, beginning with the delivery of the goods. The warranty period for defects in used goods is 12 months, also beginning with the delivery of the goods.
  • The warranty is provided in accordance with legal provisions, i.e., for defects already present at the time of transfer of risk, you have a right to supplementary performance (rectification of defects or new delivery at your choice) by GameCycle. If the defect in the item occurs within the first twelve months after transfer of risk, it is presumed that the item was already defective at the time of transfer of risk. However, this does not apply if the defect that occurred cannot be reconciled with the presumption due to its nature. In the event of unsuccessful supplementary performance, you have a right to price reduction or withdrawal from the contract as well as damages; damages are subject to the following restrictions. The transfer of warranty rights to third parties is excluded.
  • Limitation and Limitation Period of GameCycle's Liability for Damages and Expenses
  • Subject to the following exceptions, claims for damages and compensation for expenses (hereinafter claims for damages) against GameCycle are limited to the contractually typical and typically foreseeable damage, excluding any loss of profit. In the case of data loss, GameCycle is only liable for damages if you have demonstrably backed up your data regularly and at least once a day and can prove this; in terms of amount, liability is therefore limited to the restoration costs (restoring the backed-up data to a replacement data carrier).
  • Before returning data carriers and devices with internal data carriers (e.g., internal hard drives, flash memories, and other storage devices), you must yourself ensure the prior backup and effective deletion of the data you have stored on them. GameCycle assumes no responsibility for the backup of this data and its effective deletion before reselling these products to third parties.
  • These substantive and temporal restrictions do not apply to GameCycle.
  • in cases of injury to life, body, health and/or by GameCycle
  • in cases of intent or gross negligence by GameCycle or our vicarious agents, and/or
  • in cases of breach of essential contractual obligations by GameCycle or our vicarious agents.
VII. GameCycle Guarantee: Scope, Prerequisites, Exceptions and Exclusion

  • Scope of the "GameCycle Guarantee"
  • In addition to the aforementioned statutory warranty, we, GameCycle GmbH, offer the 36-month "GameCycle Guarantee" for electronic items when purchasing through our online shop. The statutory warranty rights as well as the "GameCycle Guarantee" can be claimed free of charge. Statutory warranty rights are not restricted by claiming the "GameCycle Guarantee". Our guarantee covers all functions of the purchased device that are defined by the manufacturer as technical specifications of the respective device upon factory delivery. In the event of defects in these functions within the guarantee period, you can return the product to us. For free return shipping, simply use our postage label in our returns portal at https://webexplainerium.com/my/return-order. Please note that the goods must be returned including the original GameCycle accessories. If these accessories are missing, a possible refund amount will be reduced accordingly.
  • The guarantee period is 3 years from the day of delivery to you. There is no extension of the guarantee period, for example, due to the provision of guarantee services. In these cases, the guarantee period does not restart either.
  • After you – if you are a consumer – have returned the purchased goods, we will inspect the goods for defects in the sense of the above-mentioned functional defects. If we determine defects, we are free to repair the goods, refund you the device value in the form of a merchandise voucher redeemable in our online shop, or provide you with a defect-free replacement device. The standard case is the repair of the old device. Should this not be possible, we will keep the device and refund you the purchase price paid in the form of a merchandise voucher redeemable in our online shop or provide you with a defect-free replacement device. The decision whether repair, refund in the form of a merchandise voucher, or replacement is appropriate is at our discretion and requires no further justification. We will contact you regarding the return of goods; we bear the costs of the return shipment.
  • Insofar as a merchandise voucher is issued to you, you can redeem it in our online shop for a period of 3 years. Cash payment of the voucher is not possible.
  • When claiming the "GameCycle Guarantee", you must notify us of the defect immediately after it occurs; the declaration of exercise of the "GameCycle Guarantee" must be received by us within 3 years from the delivery date. The declaration must be sent by email to our customer service, which you can reach via our contact form on the page https://webexplainerium.com/my/contact. Additionally, you can access our returns portal to report the guarantee case on our page www.gamecycle.de at https://webexplainerium.com/my/return-order.
  • The transfer of the GameCycle Guarantee to third parties is excluded.
  • Exclusion of the "GameCycle Guarantee"
  • The "GameCycle Guarantee" does not apply to
  • Wear parts, such as removable memory cards, closure pieces on cameras and lenses;
  • I notice you've sent back the English translation. Do you have more German text you'd like me to translate?
  • Verbrauchsmaterial, wie z.B. Batterien bzw. Akkus;
  • Software defects, such as the manufacturer no longer providing necessary software updates;
  • Operating and handling errors, damage caused by aggressive environmental influences, chemicals, cleaning agents;
  • Defects in the product caused by installation and transport;
  • Seal breakage (removal/damage of the GameCycle seal);
  • Media items, such as DVDs, books, software, music, games, etc.
  • The "GameCycle Guarantee" does not apply to
  • Defects caused by your improper handling, excessive use, incorrect handling or operation of the goods, particularly also incorrect storage as well as dropping or strong impact to the goods.
  • Examples of this are:
  • Broken display and/or housing;
  • Cable break in non-replaceable headphone cable;
  • Water damage
  • Electrical defects due to chargers not approved by the manufacturer;
  • Installation of software not approved by the manufacturer (including apps, etc.);
  • Failure to comply with the assembly, care, and operating instructions;
  • Damage attributable to normal wear and tear (e.g., signs of use on the housing and/or display) or intentional damage;
  • Improper commissioning;
  • Inadequate or incorrect maintenance;
  • Damage to the device that indicates use not in accordance with its intended purpose;
VIII. GameCycle Gift Vouchers: General Voucher Terms and Conditions

  • You have the option to purchase virtual gift vouchers with a monetary value of 10, 20, 50, and 100 euros for our online shop.
  • After you have decided to purchase a gift voucher, you will receive an email with your personal voucher code to the email address stored in your customer account. You can redeem this code yourself or pass it on and give it as a gift. If you wish to redeem your voucher, you can first shop as usual in the GameCycle online shop and add products to the shopping cart. After selecting the payment method, you can now enter your voucher code in the designated field. The voucher value will then be credited to your voucher account and deducted from the price to be paid. Should the invoice amount exceed the value of your gift voucher, you can only pay the remaining amount with PayPal or credit card. If the invoice amount of your order is lower than the voucher value, the remaining value of the voucher remains as credit on your voucher account. The amount on your voucher account is automatically credited to your next order.
  • Vouchers can be applied to all products offered directly by us.
  • You can return products that you have purchased with a gift voucher as usual. In that case, the purchase price refund is made in the form of a credit to your voucher account. If you have used another payment method in addition to your gift voucher when paying, the purchase price refund is made primarily and up to the voucher value via a credit to your voucher account. If the return amount is higher than the amount you paid with your voucher, the remaining amount will be refunded via the payment method selected when placing the order.
  • GameCycle cannot be held liable if the payment of an order with a gift voucher is temporarily not possible for technical reasons. Please contact our customer service in this case.
  • GameCycle gift vouchers are valid for 3 years from the date of purchase.
  • You have the right to withdraw from the purchase contract for the gift voucher within 21 days after conclusion. Withdrawal is carried out in accordance with legal provisions.
IX. Device Insurance

  • You can take out device insurance for certain electronic items purchased from us. The insurer is Axeria IARD, S.A., the insurance intermediary is PROTECT RE, SAS ("Evy"). GameCycle is not a party to the insurance contract. For all questions that arise in this context, please therefore contact Evy or Axeria. For further details, please refer to the insurance documents.
X. Unused Electrical and Electronic Equipment; Disposal of Electrical and Electronic Equipment, Batteries and Packaging

  • Unused Electrical and Electronic Equipment
  • Unused devices are often not yet ready for disposal, but can continue to serve their purpose! GameCycle has also made it its mission to keep these devices in the circular economy and reduce electrical waste (WEEE). That is why we purchase used electrical and electronic equipment, refurbish it, and then sell it. You too can be part of our movement by selling your used electronics to us!
  • Disposal of Electrical and Electronic Equipment and Meaning of the Symbol According to Annex 3 of the ElektroG
  • Owners of old equipment must ensure that it is collected separately from unsorted municipal waste. Old electrical and electronic equipment must not be disposed of as unsorted municipal waste and does not belong in household waste. Old electrical and electronic equipment must be collected separately and disposed of via local collection and take-back points.
  • Before you dispose of your devices that contain batteries and/or lamps, you must remove the batteries/lamps that are not enclosed in the device. The removed batteries must then be handed over free of charge for disposal at sales outlets for batteries or at recycling centers or other battery collection facilities.
  • You can identify old devices that must be collected separately from unsorted municipal waste by the symbol according to Annex 3 of the ElektroG. The symbol for the separate collection of electrical and electronic equipment depicts a crossed-out wheeled bin.
  • For our customers, we have joined the take-back system elektroretoure24.de of EARN Elektroaltgeräte Service GmbH. This provides you with corresponding free disposal options via the collection points accessible at the following link:
  • shippable devices: https://www.elektroretoure24.de/gamecycle/
  • non-shippable large old devices: https://www.elektroretoure24.de/gamecycle/#ruecknahmeinformation
  • FAQ: https://www.elektroretoure24.de/gamecycle/#faq
  • WEEE Reg. No.: GameCycle GmbH is registered with the ear foundation under the number 68465740
  • Disposal of Batteries and Rechargeable Batteries
  • Batteries and rechargeable batteries may not be disposed of in household waste. They are also marked with the symbol of the crossed-out trash bin:
  • Below this sign you will additionally find the following symbols with the following meaning:
  • Pb: Battery contains lead
  • Cd: Battery contains cadmium
  • Hg: Battery contains mercury
  • There is a legal obligation to return old batteries. Old batteries can contain pollutants that can harm the environment or your health if not properly stored or disposed of. Special care is required when handling lithium-containing batteries due to the special risks involved. Therefore, tape over the terminals of lithium batteries before returning them to avoid short circuits. However, batteries also contain important raw materials such as iron, zinc, manganese, or nickel and can be recycled.
  • We are part of a take-back system, so you can return old batteries free of charge in the immediate vicinity (e.g., in retail stores or at municipal collection points). You also have the option to return old batteries to GameCycle free of charge. The return is limited to quantities customary for end users and to old batteries of the category that GameCycle carries or has carried as new batteries in its range.
  • The statement of environmental costs according to Art. 74 Para. 5 BattVO can be found on the GameCycle website in the Battery Take-Back section.
  • The statement of environmental costs according to Art. 74 Para. 5 BattVO can be found on the GameCycle website in the Battery Take-Back section.
  • data deletion
  • Certain electrical and electronic end-of-life devices contain data storage that may still hold personal or other confidential information, which should not fall into the hands of third parties (e.g., computers, laptops, tablets, smartphones, etc.). GameCycle expressly points out that, as the end user of these devices, you are solely responsible for deleting any personal and other confidential data on the devices to be disposed of.
XI. Value Added Tax (VAT) Refund for Residents Abroad (Non-EU)

GameCycle does not provide a refund of the value-added tax (VAT) for private exports of goods to countries outside the European Union.

4. Dispute Resolution

Notice pursuant to § 36 of the VSBG:

GameCycle does not participate in any dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.