1.1. The General Sale Conditions (“Sale Conditions”) constitute an agreement which applies to the relations between the Buyer and the Merchant.
1.2. Any references in the General Sale Conditions to the singular include the plural and to plural include the singular. References to one gender include all genders.
2.1. Subject to the provisions of the Sale Conditions the Merchant sells and the Buyer buys an activation key for a product and a gaming platform specified in the product description (the “Product”)
2.2. The Merchant acknowledges and asserts that the Product:
a) is legally purchased or obtained,
b) originates from a lawful source,
c) is free from any physical and legal defects,
d) genuine, appropriate, complete and lawful,
e) does not contain information that is threatening, harassing, obscene, controversial, offensive, explicit or discriminatory, and that the Merchant has the right to sell such Product and that his rights in the product are not limited, in particular by copyrights, intellectual property rights or other rights of any third party,
f) the Product 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.
3.1. The total sale price for the Product described in point 2 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.
3.2. The payment of the sale price should be executed through one of the payment channels available on the trading platform available at gamivo.com (the “Platform”), as described on the Platform.
3.3. 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.
3.4. 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.
4.1. Once the payment for the Product is completed in accordance with clause 3 of this 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: Steam, Origin, Battlenet, Uplay, PlayStation, XBOX, GOG from which the game or software can be retrieved.
4.2. 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.
4.3. Notwithstanding the above, in case of pre-order Products, the delivery will take place on the release date.
4.4. 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.
5.1. The Merchant may sell Pre-order offers through the Platform. The Merchant agrees and undertakes to pay a Pre-order advance 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. The amount of Pre-order advance is 6% of the value of each Pre-order offer which the Merchant undertakes to sell to the Buyer via the Platform. Pre-order offers should be delivered to GAMIVO by the Merchant on the day before release date at 23:59 CET. The Pre-order advance is fully returnable within ten (10) calendar days from the abovementioned release day if the Merchant delivers all the Pre-order products to GAMIVO. The amount of Pre-order advance, which should be returned to the Merchant, will be proportionally reduced by the part of the Pre-order advance which refers to the number of undelivered Pre-order offers by the Merchant to GAMIVO. 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.
GAMIVO will keep the Merchant’s balance during the next 10 business days after the release date of particular sold PRE-ORDER product, no matter when it has been sold. It is allowed to set PRE-ORDER offers even couple of months earlier, but please note that balance will be released after above mentioned period of time.
6.1. Any complaints related to the Products purchased through the Platform should be filed to the Merchant through GAMIVO. The complaints should be sent to the Support section of the Platform and will be further passed to the Merchant. 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, be it a refund of the payment issued by the Buyer, 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.
6.2. Any complaint should include a detailed description of the problem, any evidence which may serve to prove the problem and the suggested solution satisfactory for the User.
6.3. If the verification of the complaint related to the Products purchased through the Platform is positive the Merchant may replace or fix the Product or return the sale price.
6.4. In the case the Buyer has already activated, retrieved, or redeemed the Product, such Product is considered used and cannot be replaced or refunded. The complaints will be processed according to the applicable laws.
6.5. Subject to point 5.6, the 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). If the Buyer wishes, the Buyer may use the below revocation form, but there is no requirement to do so. 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.
6.6. The right to withdraw from the contract does not apply, in case of the supply of digital content 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.
7.1. Any communication between the Buyer and the Merchant will be effected 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.
7.2. 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: firstname.lastname@example.org, customer service phone number: +356 99 543 688.
7.3. 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.
7.4. If any provision of the 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.
7.5. 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).
7.6. Provisions of Section 11 of the Terms and Conditions apply accordingly.
(complete and return this form only if you wish to withdraw from the contract)
Attn: Name and address of the Merchant
I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following Products:
(*) Delete where applicable