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.
1.2. General Sale Conditions constitutes a legally binding agreement and are applicable to all Users.
1.3. Before setting any Offer on the Platform Merchants 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 Merchant 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 Merchant. Setting an Offer on the Platform is equivalent to the Merchant having read, understood and accepted General Sale Conditions in full.
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.
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:
3.1. Subject to the provisions of the General Sale Conditions the Merchant sells and the Buyer buys a Product specified in the Product description.
3.2. The Merchant acknowledges and asserts that the Product:
4.1. The price of the Product is set by the Merchant in the Offer. The total sale price for the Product may be increased by the amount of VAT according to the provisions of applicable law. The gross price will be communicated to the Buyer before the contract is concluded.
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 purchased from the Merchant to the bank account of GAMIVO. After the funds are transferred (i.e., if the transfer was posted to GAMIVO’s bank account), the payment for the Product is considered successfully completed to the benefit of the Merchant.
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.
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. The Merchant is not responsible for the said costs.
6.1. The Merchant may sell pre-order Offers through the Platform.
6.2. The Merchant agrees and undertakes to pay a pre-order penalty to GAMIVO which constitutes the contractual protection relating to the Merchant’s obligation to deliver and sell pre-order Offer to the Buyer via the Platform.
6.3. The value of the pre-order penalty, mentioned in point 6.2., is 6% of the value of each pre-order Offer which the Merchant sold and did not deliver to the Buyer via the Platform. The Merchant will also pay a 1€ fee per each key in the undelivered pre-order offer.
6.4. Pre-order Offers should be delivered to GAMIVO by the Merchant on the day before the release date at 23:59 CET. Upon the Merchant's request this time can be prolonged to 16:59 CET the next day. In order to do so, Merchant should contact GAMIVO Customer Support at least 1 day earlier.
6.5. GAMIVO will keep the Merchant’s pending balance during particular time schedules. According to the following details:
If pre-orders are set no longer then 1 month before the release date, 50% of pending balance will be released right after the sales, according to the regular payout conditions.
6.6. The Merchant may change the value of the declared selling price of a given pre-order Offer. 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 Offer.
6.7. GAMIVO will keep the Merchant’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 is allowed to set pre-order Offers even a couple of months earlier, but the balance will be released after the above mentioned period of time.
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 Merchant.
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 by the Merchant and 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 Merchant’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.
8.1. If the verification of the consumer’s complaint as set in section 7, related to the Products purchased through the Platform is positive the Merchant may replace or fix the Product or return the Price to the Buyer.
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 Merchant may replace some or all of the wholesale Products or return the Price 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 Merchants 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 the Merchant 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. If the Buyer revokes this contract, the Merchant is required to refund all payments received from the User in the execution of that contract.
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 Merchant, if:
8.6. If the Product came into possession of the Merchant 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 Merchant’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 Merchant, GAMIVO reserves the right to suspend the whole account until further investigation.
9.1. Any communication between the Buyer and the Merchant will be affected by means of electronic communication with the assistance of GAMIVO. The Buyer and the Merchant can send a ticket through the Support section of the Platform, which will be further passed to the Merchant or the Buyer respectively.
9.2. For the purpose of the transaction, the Merchant can be easily and effectively 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: [email protected]
10.1. The Merchant acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:
10.2. In case the Product offered by the Merchant is fulfilling the conditions of point 10.1. c), GAMIVO shall presume that the Merchant 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 Merchant is fulfilling the conditions of point 10.1. Merchant will be responsible for compensation of damages to GAMIVO. In case the Buyer filled for a chargeback from the bank, the chargeback shall be made from the Merchant’s balance on the Platform subject to the following:
10.4. If the general activity of the Merchant on the Platform is in violation of GAMIVO rules or good practices, GAMIVO may cancel or freeze the Merchant’s account and active Offers or take other means necessary to secure its rights.
10.5. In case GAMIVO is charged with any penalty for illegal activities of a Merchant, by a private or public institution, GAMIVO will charge back the Merchant, whose actions caused the penalty, with the whole value of this penalty. GAMIVO may also apply security measures by freezing Merchant’s balance on the Platform to assure the payment of the mentioned penalty. Merchant will also be responsible for any damages caused to GAMIVO by his actions, lost income included. GAMIVO may also charge such a Merchant with a 50€ per Product to equalize the penalty and damages.
10.6. The rules set in section 9 of the Terms & Conditions will be applied accordingly.
11.1. Merchant’s identity verification is required due to KYC/AML regulations in the jurisdictions in which the Platform operates. It is GAMIVO’s policy that all suppliers upon their registration must be identified fully. Therefore Every Merchant shall be obliged to provide GAMIVO with the following boarding documents:
11.3. Merchant is obliged to provide GAMIVO with updated documents mentioned in section 11.1., if a change in those documents would occur.
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).