Damaged, Defective & Wrong Item Policy

This Damaged, Defective & Wrong Item Policy explains what happens if a Product purchased through socialwipeout.com arrives damaged, defective, incomplete, incorrect or otherwise does not conform to your order.

This Policy is separate from the statutory Right of Withdrawal applicable to eligible change-of-mind purchases.

Nothing in this Policy excludes, restricts or limits any mandatory consumer right available under applicable law.

1. Contact Information

If there is a problem with your order, contact:

Social Wipeout
Crooswijkseweg 108
3034 HP Rotterdam
The Netherlands

Email: socialwipeout.business@gmail.com
Website: socialwipeout.com

When contacting us, please include:

• your full name
• your order number
• a clear description of the problem; and
• photographs or other reasonable evidence where necessary to assess the issue

2. When This Policy Applies

This Policy applies where a Product:

• arrives damaged
• contains a manufacturing defect
• is materially defective
• is missing cards or components
• contains incorrect components
• is different from the Product ordered
• arrives materially incomplete
• does not correspond to the agreed Product description; or
• otherwise fails to conform to the sales contract under applicable law

A Product does not become defective merely because a Customer changes their mind, dislikes the gameplay, finds particular content offensive or does not personally enjoy the Product.

Change-of-mind returns are governed separately by our Returns & Refund Policy and Right of Withdrawal.

3. Products Damaged During Delivery

If your Product arrives damaged during transportation, please contact us as soon as reasonably possible after discovering the damage.

Where reasonably necessary, we may ask you to provide photographs showing:

• the damaged Product
• damaged cards or components
• the outer shipping packaging
• the Product packaging; and
• the shipping label

This information helps us determine what happened and, where appropriate, make a claim against the fulfilment provider or carrier.

Your rights against Social Wipeout are not conditional on whether Social Wipeout successfully recovers money from a carrier or fulfilment provider.

4. Manufacturing Defects

A manufacturing defect may include, depending on the circumstances:

• materially misprinted cards
• unusable cards
• incorrectly cut cards
• significant printing defects
• missing printing
• damaged components caused during manufacturing
• materially defective packaging affecting the Product
• missing components caused during production; or
• another manufacturing problem that prevents the Product from reasonably conforming to the sales contract

Minor variations that do not materially affect the Product may not constitute a defect.

5. Normal Manufacturing Variations

Physical Products may have minor variations arising from manufacturing, printing, cutting or packaging processes.

For example, insignificant differences in colour reproduction, positioning, finish or packaging that do not materially affect the Product’s appearance, functionality, safety or conformity may not constitute defects.

This provision does not allow Social Wipeout to supply a Product materially different from the Product advertised or ordered.

6. Missing Cards or Components

If your Social Wipeout game arrives with missing cards or components, contact us and explain what is missing.

Where reasonably necessary, we may ask you to:

• photograph the contents received
• provide photographs of the box or packaging
• identify the missing component; or
• provide other reasonable information necessary to verify the issue

If the Product is incomplete and Social Wipeout is legally responsible, we will provide an appropriate remedy.

Depending on the circumstances, this may include sending the missing component, replacing the Product, providing a proportionate price reduction or providing another remedy required by applicable law.

7. Wrong Item Received

If you receive a Product that is different from what you ordered, contact us promptly.

Please do not intentionally use the incorrect Product after discovering the error if you expect it to be returned.

Where the mistake is attributable to Social Wipeout, our fulfilment provider or another party for whom we are legally responsible, we will arrange an appropriate remedy.

You will not be required to bear return costs that applicable law requires Social Wipeout to bear.

8. Incorrect Quantity

If your order contains fewer Products than you purchased, contact us with your order number and details of the missing quantity.

We may verify the shipment against fulfilment, parcel-weight and carrier records where reasonably necessary.

If Products are confirmed missing and Social Wipeout is responsible, we will provide the appropriate remedy required by applicable law.

9. Product Not as Described

If the Product you receive materially differs from the description, characteristics or other information that formed part of your purchase contract, contact us.

We will assess the issue based on the Product ordered, the information provided before purchase and applicable consumer law.

Nothing in our Website, Terms or policies permits Social Wipeout to materially substitute a different Product without the Customer’s agreement where such agreement is legally required.

10. Evidence We May Request

To prevent fraud and allow us to investigate legitimate problems efficiently, we may reasonably request evidence relevant to the claim.

This may include:

• photographs
• video
• photographs of packaging
• photographs of shipping labels
• identification of missing cards/components
• batch or production information
• order details; or
• other information reasonably necessary to investigate the reported problem

Any request for evidence must be reasonable and proportionate to the circumstances.

We will not use unreasonable evidence requirements merely to obstruct a legitimate statutory claim.

11. Keep the Product and Packaging

Where reasonably possible, please keep the affected Product, packaging and relevant shipping materials until we have reviewed your claim and provided instructions.

Do not return the Product to China, our manufacturer, fulfilment provider or another address unless we expressly instruct you to do so.

12. Available Remedies

Where a Product is defective or non-conforming and Social Wipeout is legally responsible, the remedies available will be determined by applicable consumer law and the circumstances.

Depending on the situation, these may include:

• bringing the Product into conformity
• supplying missing components
• repair where appropriate
• replacement
• proportionate price reduction
• termination of the sales contract
• refund; or
• another remedy required by applicable law

The existence of one possible remedy does not automatically mean that the Customer is entitled to choose any remedy in every circumstance. The applicable statutory rules determine the appropriate remedy and order of remedies.

13. Replacement

Where replacement is an appropriate remedy, Social Wipeout may send a replacement Product or relevant replacement components.

A replacement will be provided without costs that applicable law requires Social Wipeout to bear.

Where legally appropriate, we may require the defective or incorrect Product to be returned.

14. Refunds

Where a refund is the appropriate legal remedy, we will refund the amount required by applicable law.

Refunds will normally be issued to the original payment method unless another method is lawfully agreed.

We will not require a Customer to accept store credit where the Customer is legally entitled to a monetary refund.

15. Return Shipping Costs

If applicable law requires Social Wipeout to bear the cost of returning a damaged, defective, incorrect or non-conforming Product, Social Wipeout will bear that cost.

We may provide:

• a prepaid return label
• reimbursement of reasonable return postage
• another suitable return arrangement; or
• instructions that a return is unnecessary

Please contact us before purchasing an unusually expensive return service.

Where we are legally responsible for reasonable return costs, this section will not be used to transfer those costs to the Customer.

16. Return Address

Unless Social Wipeout expressly provides different lawful instructions, EU/EEA returns should be sent to:

Social Wipeout
Crooswijkseweg 108
3034 HP Rotterdam
The Netherlands

The address printed on the parcel you originally received may belong to our fulfilment provider or logistics network and is not automatically the correct return address.

Do not return a Product to China unless we specifically instruct you to do so in writing.

17. China Fulfilment

Social Wipeout currently uses a third-party fulfilment provider in China.

The involvement of a manufacturer, fulfilment provider, warehouse or carrier does not remove responsibilities that applicable consumer law places on Social Wipeout as the seller.

If a legally valid claim concerns a Product supplied by Social Wipeout, we will not reject the claim merely by telling the Customer to resolve the matter directly with the Chinese manufacturer or fulfilment provider.

18. Carrier Responsibility

Where Social Wipeout arranges transportation and applicable consumer law places the transportation risk on us until delivery, damage or loss caused during transportation remains our responsibility toward the Customer to the extent required by law.

Any separate claim Social Wipeout may have against the carrier does not reduce the Customer’s mandatory rights.

19. What Is Not Normally Considered a Defect

Subject to applicable law, the following will not normally constitute a Product defect by themselves:

• changing your mind
• not enjoying the game
• finding a card embarrassing
• finding mature content offensive
• disagreement with the humour or style of the Product
• normal wear caused by use
• damage caused after delivery by the Customer or another user
• damage caused by improper storage
• deliberate damage
• unauthorised modification of the Product
• missing components caused after delivery
• cosmetic variation within reasonable manufacturing tolerances; or
• damage resulting from misuse

This does not prevent a Customer from exercising a statutory withdrawal right where that right separately applies.

20. Customer-Caused Damage

Social Wipeout is not responsible, to the extent permitted by applicable law, for damage caused after delivery by:

• misuse
• deliberate damage
• unreasonable handling
• liquid exposure
• fire or excessive heat
• improper storage
• unauthorised alteration
• neglect; or
• another cause attributable to the Customer or a third party after delivery

This exclusion does not apply where the underlying damage was caused by a defect for which Social Wipeout is legally responsible.

21. Damage Caused by Other Players

Social Wipeout is not responsible for physical damage to the Product caused by another player or third party after delivery unless applicable law provides otherwise.

For example, if another player tears, stains, loses or destroys cards during gameplay, this does not normally constitute a manufacturing defect.

22. Product Safety Issues

If you believe a Product presents a genuine safety issue, please stop using the affected Product where continuing to use it could reasonably create a risk and contact us promptly.

Please provide sufficient information to identify the Product and the suspected issue.

Social Wipeout may investigate the issue and, where appropriate or legally required, take measures including warnings, corrective actions, withdrawal, recall or notification to relevant parties or authorities.

Product-safety matters are also addressed in our Product Safety & Important Information.

23. Statutory Guarantee and Conformity Rights

Consumers may have mandatory legal rights where goods do not conform to the sales contract.

These statutory rights exist independently from any voluntary return or commercial guarantee Social Wipeout may offer.

Nothing in this Policy shortens, replaces or excludes a statutory guarantee or conformity period that applies under mandatory law.

24. Right of Withdrawal Is Separate

A defect claim and a statutory withdrawal are different legal mechanisms.

An eligible EU/EEA consumer may generally exercise the statutory right of withdrawal without having to prove that the Product is defective.

Conversely, the expiry of a 14-day withdrawal period does not automatically eliminate statutory rights concerning a Product that is genuinely defective or non-conforming.

25. Fraudulent Claims

Social Wipeout reserves the right to investigate reasonably suspected fraudulent or abusive claims.

Examples may include:

• falsely claiming that cards were missing
• deliberately damaging a Product and claiming it arrived damaged
• submitting photographs of another Product
• manipulating evidence
• returning a different Product
• falsely claiming that the wrong Product was delivered; or
• repeatedly making knowingly false defect claims

We may compare claims with order records, fulfilment information, parcel weights, batch information, photographs, tracking information and other relevant evidence where lawful and reasonably necessary.

Fraudulent claims may be refused and, where appropriate, reported or contested.

Nothing in this section permits us to obstruct or refuse a legitimate consumer claim.

26. Duplicate Compensation

A Customer is not entitled to receive duplicate reimbursement for the same loss.

For example, where a Customer has already received a full reimbursement from a payment provider or another responsible party for the same transaction, Social Wipeout may take that reimbursement into account to the extent permitted by law.

This does not affect any additional legal remedy to which the Customer is genuinely entitled.

27. Chargebacks

Customers remain free to exercise lawful rights available through their bank or payment provider.

Where a chargeback concerning a damaged, defective or incorrect Product contains materially inaccurate or fraudulent information, Social Wipeout may submit relevant evidence to the payment provider and contest the claim.

We encourage Customers to contact us first so that legitimate problems can be resolved efficiently, but doing so does not remove any statutory payment-dispute right.

28. Limitation of This Policy

This Policy does not create an unlimited guarantee against every form of loss, damage, dissatisfaction or misuse.

Social Wipeout’s responsibility is determined by the sales contract and applicable law.

To the maximum extent permitted by applicable law, Social Wipeout is not responsible under this Policy for loss or damage caused solely by misuse, deliberate damage, unauthorised alteration, independent third-party conduct or other circumstances for which Social Wipeout is not legally responsible.

29. Mandatory Rights Prevail

Nothing in this Policy excludes or limits liability, remedies, product-safety obligations, statutory conformity rights or other consumer rights that cannot legally be excluded or limited.

If any provision of this Policy conflicts with mandatory applicable consumer law, the mandatory law prevails to the extent of the conflict.

30. Changes to This Policy

We may update this Policy from time to time to reflect changes to our operations, Product or applicable law.

An update will not retroactively remove mandatory rights relating to an existing purchase.

The latest version will be published on socialwipeout.com with its updated date.

31. Contact Us

For damaged, defective, incomplete or incorrect Products, contact:

Social Wipeout
Crooswijkseweg 108
3034 HP Rotterdam
The Netherlands

Email: socialwipeout.business@gmail.com
Website: socialwipeout.com

Please include your order number and sufficient information for us to investigate the issue.

This Policy should be read together with our Terms & Conditions, Returns & Refund Policy, Shipping & Delivery Policy, Right of Withdrawal and Product Safety & Important Information.