Ultimate Choice

Individuelle Verkaufsbedingungen des Anbieters Ultimate Choice

SELLER’S TERMS AND CONDITIONS FOR PLATFORM TRANSACTIONS

DEFINITIONS



The provisions described in these DEFINITIONS have the following wording:



Product means a tangible item or digital content.
Terms and Conditions mean the rules for the Agreement between the Buyer and the Seller, including the complaint procedure.
Platform a marketplace connecting Sellers and Buyers for the sale of Products. In this case its www.gamivo.com
Buyer means a natural or legal person who purchases Products from the Seller on the Platform.
Consumer means a natural person residing in the European Economic Area who buys for non-business purposes.
Agreement means the contract of sale between the Seller and the Buyer on the Platform.
Goods means tangible movable items.
Seller means the individual or entity selling Products on the Platform in this case its Ultimate Choice.
Seller’s Store – the Seller’s dedicated space on the Platform displaying all offers and contact information.
Digital Content means digital products such as game activation codes, top-up cards, and subscriptions.
Order means the Buyer's declaration to purchase Products on the Platform.


GENERAL PROVISIONS



These Terms and Conditions apply to the Agreement between the Buyer and the Seller on the Platform.
The Buyer must read and comply with these Terms and Conditions to conclude and execute the Agreement.
Consumer rights under applicable law are not affected by these Terms and Conditions.
The Buyer can access these Terms and Conditions at any time via an option to contact seller either on the Product page or directly from the Seller’s Store,
The Buyer may not post or deliver illegal content, or use the Platform unlawfully or to infringe third-party rights.
The Buyer confirms they can legally enter into this Agreement under their domestic laws, and are not prohibited from purchasing Products from the Seller.
The Seller will use the Buyer’s data to perform the Agreement and deliver Products to the address provided.
The Buyer may contact the Seller via contact forms on the Platform or via other mediums if provided by the seller. Communication costs are borne by the Buyer.
The Seller warns of risks associated with using electronic services and advises appropriate technical measures to minimize risks.


ORDERS



The Buyer can place Orders for Products presented by the Seller on the Platform, 24/7. By placing an Order, the Buyer confirms the obligation to pay for the purchased Product, as well as any additional services, such as delivery costs and payment fees (if applicable).
Only Buyers who are legally able to make purchases and are at least 18 years old may place Orders on the Platform.
The Buyer may purchase additional services, such as delivery, insurance, warranty, value-added services, assembly, installation, or payment, if available on the Platform. However, the Buyer must purchase a Product before purchasing any additional service.
The Product information presented on the Platform is not a Seller's offer to sell the Product, but an invitation for the Buyer to submit an offer to purchase the Product (i.e., to conclude an Agreement).
By placing an Order, the Buyer submits an offer to the Seller to conclude an Agreement for the purchase of the Product. The Buyer must pay the entire price, including additional costs, in advance for the Products to which the Offer relates.
After placing an Order, the Seller will send an Order confirmation to the Buyer's email address using available Platform's facilitated electronic systems.
This confirmation is the Seller's declaration of acceptance of the Buyer's offer and the Agreement is concluded upon its receipt by the Buyer.
In some cases, the number of Products that the Buyer intends to buy may be limited, and the Buyer will be informed of this each time when placing an Order on the Platform.


PAYMENT



The prices displayed on the Platform include all applicable taxes and are expressed in the currency shown. However, other charges may apply, such as delivery costs or payment fees, which will also be visible during the check-out process on the Platform. The final price that the Buyer must pay in connection with the Agreement, including the costs of any additional services, will be visible at the last point of check-out.
The Buyer may choose from the payment methods that are displayed during the purchasing procedure on the Platform.
The Buyer must make all payments related to the Agreement during the purchasing process.
If the Buyer is a Consumer, the Seller is responsible for providing confirmation of the concluded Agreement on a durable medium within a reasonable time after the Agreement is concluded. If requested by the Buyer, the Seller must also fulfill any other legal obligations related to this confirmation.
The Seller contracts with payment service aggregation providers that collect and process payments for purchased Products from the Buyer, or connect the Buyer to the respective payment methods via the dedicated panel where appropriate. The Seller authorizes the charge to the Buyer either automatically. The Buyer agrees to have their payment accepted or cancelled by the Seller according to the Seller's chosen authorization of charge preference, which is also indicated clearly in the Seller's Store.
The Buyer agrees that the payment service provider(s) is entitled to share information on the status of payments from the Buyer for the Products with the Seller and/or persons or legal entities appointed by the Seller, in particular to persons or legal entities operating and maintaining the Platform.
The interactions between the Seller and payment service aggregation providers and/or payment service providers are not governed by these Terms and Conditions. Any relations between the Seller and payment service aggregation providers and/or payment service providers will be covered by separate agreements between the parties.
The Seller may participate in promotional programs for Sellers if available on the Platform. If the Seller chooses to include a specific offer in a promotional program, this will be reflected in the offer displayed on the Platform.


Digital Code Delivery



The Seller authorizes the delivery of the Digital Content automatically to the Buyer once the transaction is successful and the Buyer hereby agrees to receive the Digital Content in the manner authorized by the Seller.
The Products shall be delivered within the time limit described on the Seller’s Store or on the respective product page where the Products are presented.
The Buyer acknowledges that the Product may contain territorial restrictions in terms of its purchase, possession or use which are implemented by their producers or by law - information about these restrictions is always provided in the description of the Product on product page available on the Platform.
The product description provided by on the marketplace is governed by Platform and is accurate and complete to the best of our knowledge. Any mistakes or errors in product description are not considered to be our responsibility.
The Seller is obliged to deliver to the Buyer the Products that are the subject of the Agreement without defects.


LIABILITY



THE SELLER ACKNOWLEDGES, WARRANTS AND AGREES THAT THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, MAY NOT BE HELD LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR RELATING TO THE CONCLUSION AND EXECUTION OF THE AGREEMENT, AS WELL AS FOR VIOLATION OF THE RIGHTS OF THE BUYER OR INFRINGEMENT OF THIRD PARTY RIGHTS, IN PARTICULAR INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY.



THE SELLER ACKNOWLEDGES, WARRANTS AND AGREES TO INDEMNIFY AND DEFEND THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) CONCLUSION AND EXECUTION OF THE AGREEMENT; (B) THE USE OF THE PLATFORM BY THE SELLER OR THE BUYER; (C) BREACH OF THESE TERMS AND CONDITIONS; OR (D) BREACH OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY RIGHTS.



MISCELLANEOUS



The Seller can change these Terms and Conditions for important reasons, such as changing their business or adapting to the law, to make sure the Platform works properly and is secure for users. Any changes to these Terms and Conditions will not apply to Agreements made before the changes, unless the law says otherwise. The Seller and the Buyer agree to these Terms and Conditions without involving any other person or company.



Complaint policy
We are committed to providing excellent customer service to all our customers. In the event that the buyer encounters any issues with the gift card codes, they can contact us through the platform by submitting a support ticket or contacting us through the product or sellers page.



We will carefully examine each ticket and provide a resolution within a reasonable time frame. In order to facilitate this process, it is important for the buyer to provide accurate information regarding their issue, such as the issue type (invalid or used), proof of the issue with clearly visible screenshots, and any other information requested by us to complete the investigation. Failure to provide accurate information may result in delays in resolving the issue.



We have set the following Service Level Agreements (SLAs) for our customer service team:



Response Time: We aim to respond to all queries and concerns within a maximum of 48 hours of receipt.

Resolution Time: We aim to resolve all issues within a maximum 96 hours of receipt.



While we make every effort to ensure that our customer service meets our service level agreements (SLAs), we cannot guarantee that we will always meet these standards and shall not be held responsible for any failure to do so.



Refund policy
Ultimate Choice does not accept cashback, refunds or returns. Once the codes are delivered to the buyer, they are considered sold and cannot be returned for a refund or exchange. However, in the event of any problems with the codes, the buyer can contact our customer service through the platform, and we will make every effort to resolve the issue.





Warranty terms
Our gift cards are non-refundable once they have been delivered. If you experience any issues with the gift card, please contact us through the marketplace within 12 months of purchase with clear evidence of any defects or errors, and we will do our best to resolve the issue by either providing a replacement or a refund.







Other
For any other concerns feel free to contact us.