General Sale Conditions

General Sale Conditions

Welcome to GAMIVO.COM. Gamivo.com Limited and its affiliates provide you with the best quality service when you use our website, products and software. The following “General Sale Conditions” set out in this document are the mutual rules you are a subject to when using our website. For other terms, including the information of your personal data please refer to GAMIVO’s “Terms & Conditions”. Please read carefully and do not hesitate to contact us if we may be of any help. 

  1. Applicability

1.1. General Sale Conditions together with the Terms & Conditions with Privacy Policy and any other Platform’s documents apply to the relations between any person using the Platform, in particular the User,  and GAMIVO.com arising from and related to the use of the Platform. 

1.2. General Sale Conditions constitutes a legally binding agreement and are applicable to all Users.  

1.3. Before setting any Offer on the Platform Suppliers are encouraged to carefully familiarize with this document. General Sale Conditions may be amended. In that case the amend procedure set in the section 3 of the Terms & Conditions applies accordingly. 

1.4. In order to use the Platform to set an Offer, the Supplier agrees to and accepts the General Sale Conditions as a whole and without reservations. No transaction will be available without having the General Sale Conditions confirmed by the Supplier. 

1.5. GAMIVO may sign separate agreements for certain services with Users, that cover the matters regulated by the General Sale Conditions.  

1.6. General Sale Conditions are written in the English language. If this document is translated into any other language, the English version is binding. In the case of any conflict or discrepancies between the General Sales Conditions and additional agreements mentioned in 1.4., the additional agreements prevail over the General Sale Conditions unless explicitly stated otherwise in the additional agreements. In the case of discrepancies between the General Sale Conditions and the Terms & Conditions, the General Sale Conditions prevail.

  1. Definitions

2.1. The definitions set out in section 2 of the Terms & Conditions apply also to the General Sale Conditions. 

2.2. The capitalized terms and expressions used in this General Sale Conditions mean:

  1. Buyer – the User who enters the transaction by buying a Product on the Platform, 
  2. Supplier – the User who supplies Product to be sold on the Platform.
  3. Offer – the offer to sale the Product on the GAMIVO’s Platform, that includes the Product description and a price. 
  1. Product and the Offer

3.1. Subject to the provisions of the General Sale Conditions the Supplier supplies a Product to GAMIVO and the Buyer buys a Product specified in the Product description.  

3.2. The Supplier acknowledges and asserts that the Product: 

  1. originates from a lawful source,  
  2. was lawfully acquired by the Supplier, 
  3. is free from any legal of physical defect, 
  4. is genuine, appropriate, complete and lawful, 
  5. is allowed by the copyright or other intellectual property rights’ owner to be an object of trade and that the right to sale is not limited by any other rights of a third party.
  6. does not contain information that is threatening, harassing, obscene, controversial, offensive, explicit or discriminatory,
  7. does not include or encompass the copyrights or ownership of the game or software which can be retrieved or activated with the use of the Product.
  1. Price and payment

4.1. The price of the Product is set by the Merchant in the Offer. The total sale price for the Product visible in the offer is a gross Price and it contains the amount of VAT according to the provisions of applicable law.

4.2. The payment of the Price should be executed through one of the payment channels available on the Platform. 

4.3. The Buyer, using the payment channels available on the Platform, makes payment for the Products to the bank account of GAMIVO. After the funds are transferred the payment for the Product is considered successfully completed and transferred to the benefit of the Supplier.

4.4. The payment must be executed at the time the purchase order is placed on the Platform. The purchase can be completed only if the payment is successfully completed.

4.5. GAMIVO provides platform tools that allow Merchant to correctly settle VAT tax according to his national jurisdiction. GAMIVO denies any responsibility for the Merchant’s negligence or omission to settle tax obligations. Merchant is obligated to use the tax tools provided by GAMIVO according to Merchant’s legal obligations both in national or international legislation. Merchant is fully and solely responsible for a correct settlement and payment of the taxes.

 

  1. Delivery

5.1. Once the payment for the Product is completed in accordance with point 4.3 of this General Sale Conditions, the Buyer will receive the Product in electronic form by email on the Platform. The Product can be subsequently activated in particular on one of the following platforms e.g.: Steam, Origin, Battlenet, Uplay, PlayStation, XBOX, GOG and others from which the game or software can be retrieved.

5.2. In order to ensure the Product can be used and activated properly, and the corresponding game or software can be retrieved, the Buyer should have access to an operational workstation with access to the Internet and standard software necessary to browse the website.

5.3. Notwithstanding the above, in case of PRE-ORDER Products, the delivery will take place on the release date as set in the Offer. 

5.4. The delivery of the Product is free of charge. Use of the Platform for the purpose of purchasing the Product, activation, and use of the Product may be subject to data transmission or Internet charges and tariff plans on the part of the Buyer.

  1. Pre-orders policy

6.1. The Supplier may provide PRE-ORDER Products. 

6.2. The Supplier agrees and undertakes to pay a PRE-ORDER penalty to GAMIVO which constitutes the contractual protection relating to the Supplier’s obligation to deliver PRE-ORDER Offer. 

6.3. The PRE-ORDER penalty mentioned in point 6.2 is a fixed amount of €3 for each PRE-ORDER offer (key) sold but not delivered to the Buyer by the Supplier via the Platform.

6.4. PRE-ORDER Offers should be delivered to GAMIVO by the Supplier on the day before the release date at 23:59 CET.  Upon the Supplier 's request this time can be prolonged to 16:59 CET the next day. In order to do so, Supplier should contact GAMIVO Customer Support at least 1 day earlier.

6.5. GAMIVO will keep the Supplier’s pending balance according to the following details:

  • Pending balance for the sale of PRE-ORDER products will be released the day the keys are delivered for all the created orders.

6.6. The Supplier may change the value of the declared supply price of a given PRE-ORDER. However, it has no impact on the amount of the aforesaid pre-order advance accrued by GAMIVO if the Buyer has previously submitted an offer to purchase the given pre-order.

6.7. GAMIVO will keep the Supplier’s balance during the next 10 business days after the release date of a particular sold PRE-ORDER Product, no matter when it has been sold. It will be possible to set PRE-ORDER Offers even a couple of months earlier, but the balance will be released after the above mentioned period of time.

  1. Complaints procedure

7.1. The complaints related to the Products purchased via the Platform will be filled according to complaints procedure set in section 14 of the Terms & Conditions. The complaints will be processed according to the applicable law.

7.2. The complaints sent to the Support section of the Platform will be further passed to the Supplier.

7.3. The Buyer who acts as a consumer will be provided with the response to the complaint within 14 days from the day GAMIVO receives the consumer’s complaint. Any reimbursement, refund, revoke, or any other solution agreed upon with the Buyer, will be delivered within 7 days from the positive verification of the complaint.

7.4. The Buyer who made a wholesale purchase of Products on the Platform, will have 7 business days to check the validity of the Products and fill a complaint. For the period of 7 business days as aforementioned, GAMIVO will keep the Supplier’s founds from the wholesale transaction. If a complaint is not filled in the given term, the transaction funds will be released after above mentioned period of time. If a complaint is filled, GAMIVO will keep the transaction funds frozen until the complaint is processed.

7.5. In order for GAMIVO to accept the complaint for wholesale transaction as in point 7.4. at least 10% of the purchased Products batch must be confirmed to be faulty, but not less than 5 Products (keys). The Buyer must provide evidence for each reported Product. In case the Products provided by the Supplier differ from the wholesale offer, the criteria mentioned in the first sentence do not apply. 

  1. Return and refund procedure

8.1. If the verification of the User’s complaint as set in section 7, related to the Products purchased through the Platform is positive the Product may replaced, fixed or the Price returned.

8.2. If the verification of the wholesale transaction complaint as set in section 7, related to the Products purchased through the Platform is positive the Supplier may replace some or all of the wholesale Products or the Price shall be returned to the Buyer. In such a case the return of the Price will be made by GAMIVO with the wholesale transaction funds frozen on the Suppliers balance according to point 7.4.  

8.2. In the case the Buyer has already activated, retrieved, or redeemed the Product, such Product is considered used and cannot be replaced or refunded. 

8.3. The retail Buyer from the European Union, who acts as a consumer, has the right to withdraw from the contract within 14 days without giving any reasons. The period of revocation is 14 days from the day the Buyer buys the Product. In order to exercise the right of revocation, the Buyer must notify of his decision to withdraw from the contract by sending an unequivocal declaration (e.g. by post or e-mail). The Buyer will be deemed to have complied with the revocation period if he sends his notice of revocation before the mentioned 14-day period expires.

8.4. The right to withdraw from the contract does not apply, in case of the supply of Products which is not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent before the end of the withdrawal period and after his acknowledgement that he thereby loses his right of withdrawal.

8.5. The Buyer may declare a refund after the retail purchase. In that case GAMIVO will be obligated to charge 1€ fee per refund from the Supplier, if:

  1. the Product has been confirmed to be either invalid or duplicate and the Buyer did not want a replacement Products or if the replacement has also been faulty – this does not include order resignation in the instance of a non-delivered Products as well as PRE-ORDER cancellations upon receiving such request from the Buyer, 
  2. the Product was not matched with the Product’s description in the Offer (region, languages, platform), 
  3. There is no contact with the Supplier via GAMIVO Support Center for longer than 3 business days since the declaration of refund by the Buyer. 

8.6. If the Product came into possession of the Supplier unlawfully,  the Buyer may declare a revoke after the purchase. In that case GAMIVO is obligated to charge 10€ fee per revoked code from the Supplier’s available balance and freeze the balance amount of the total revoke volume for 2 months. If there is a threat of receiving more revokes from the Supplier, GAMIVO reserves the right to suspend the whole cooperation until further investigation.

  1. Communication

9.1. Any communication on the Platform will be affected by means of electronic communication with the assistance of GAMIVO.

9.2. If needed the Supplier may be contacted through GAMIVO, the company Gamivo.com Limited registered under laws of Malta, bearing Company Registration No. C 90983 and having its registered office at 99 Dingli Street, SLM 1905 Sliema, Malta, email address: office@gamivo.com.

  1. Prohibited actions

10.1. The Supplier acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:

  1. supplying of a Product, which was used or activated before;
  2. supplying of a faulty of invalid Product; 
  3. supplying of a Product of which the Supplier came into possession as a result of a crime.
  4. supplying a Product which description is fraudulent, 

10.2. In case the Product supplied by the Supplier is fulfilling the conditions of point 10.1. c), GAMIVO shall presume that the Supplier had the knowledge of the source of the Products and took part in the unlawful action. 

10.3. In case the Product offered by the Supplier is fulfilling the conditions of point 10.1. Supplier will be responsible for compensation of damages to GAMIVO. In case the Buyer filled for a chargeback from the bank, the chargeback shall weight the Supplier, subject to the following:

  • if a chargeback is declared on  transaction (can occur even up to 3 months after the transaction process), and it comes out because of the wrongly added code to the offer, or used code in the offer, GAMIVO reserves the right to charge the full amount from Supplier plus  additional costs of chargeback depending on the payment provider;
  • for PayPal, it is up to additional 15€, for credit cards up to 20€, 
  • GAMIVO will collect all the evidence coming from the acquiring bank or PayPal and based on that decide if it was or was not the Supplier's fault.

10.4. If the general activity of the Supplier is in violation of GAMIVO rules or good practices, GAMIVO may cancel or freeze cooperation with the Supplier and active Offers or take other means necessary to secure its rights. 

10.5. Every Merchant is subject to the automatic reaction system, that monitors the number of reports on each purchase made from the Merchant’s offer. When exceeding the limit of the reports, Merchant’s account will be automatically suspended, which means that all auctions are set to ‘inactive’ and balance is unavailable for withdrawal. Upon receiving such a hold, an email with proper information will be issued to the Merchant in question. In order to investigate further, Merchant will need to contact GAMIVO’s representatives through support board within Merchant’s account. Upon receiving such message, the unlock process will begin. Unlock conditions may vary depending on the situation. Every case will be reviewed separately, and Merchant will be asked to cooperate on the matter, in order to resolve the case as fast as possible. Multiple accounts of such blockade in a short period of time are subject to permanent account lock, without a possibility of reactivating it. All remaining funds will be then released after the investigation period, once all the cases with customers are settled and covered.

10.6. The rules set in section 9 of the Terms & Conditions will be applied accordingly.

  1. Documents

11.1. Supplier’s identity verification is required due to KYC/AML regulations in the jurisdictions in which the GAMIVO operates. It is GAMIVO’s policy that all suppliers upon their registration must be identified fully. Therefore every Supplier shall be obliged to provide GAMIVO with the following boarding documents:

  1. KYC Details - Individual Supplier,
    1. Supplier’s full name,
    2. Supplier’s Proof of Identification:
      1. Passport Copy;
      2. Driving Licence;
      3. State-Issued ID card;
    3. Supplier’s Proof of Address (must be less than three months old)
    4. Any information prescribed by regulations.
  2. KYC Details - Corporate Supplier
    1. Certificate of Incorporation
    2. Passport copy of all the Authorized Signatories,
    3. Copy of the company’s Memorandum and Articles of Association,
    4. Copy of the company’s Certificate of Good Standing,
    5. Copy of the company’s Letter of Incumbency,
    6. Corporate Board Resolution,
    7. Completed Supplier Information form,
    8. For all the Directors of the Company:
      1. Passport Copy,
      2. Proof of address (must be less than three months old),
    9. For Shareholders holding 25% or more of the Company Shares:
      1. Passport Copy,
      2. Proof of address (must be less than three months old),
      3. with a minimum of two forms of ID, evidence of identity being photographic and also evidence of residence e.g. a utility bill dated in the last three months.

11.3. Supplier is obliged to provide GAMIVO with updated documents mentioned in section 11.1., if a change in those documents would occur.

11.4. Any Power of Attorney provided by a Merchant may not be older than 3 months.

  1. Final Provisions

12.1. Without prejudice to the provision of law applicable in relations with the consumers, the Sale Conditions are governed by and should be interpreted in accordance with laws of Malta.

12.2. If any provision of the General Sale Conditions proves to be invalid or ineffective, it will not affect the validity of the remaining provisions. Invalid or ineffective provision will be replaced by such valid provision which reflects the economic value, the intention of the parties and objective of the invalid or ineffective provisions to the highest extent. The pertinent clause does not apply to the Users who act as consumers.

12.3. The Buyer has the possibility of having recourse to an out-of-court complaint and redress mechanism, in particular the Buyer is entitled to make use of the redress mechanism offered on the platform operated by the European Commission which can be accessed through this link: http://ec.europa.eu/consumers/odr/ which was introduced on the basis of the Regulation No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).