Standard Terms and Conditions
1.Scope of Application
（1）These Standard Terms and Conditions (hereinafter: “T&Cs) apply to the use of our internet marketplace and to the processing to be performed by XXXXX GmbH (hereinafter: “XXXXX”) of the legal transactions concluded by and between users on that marketplace and the legal transactions concluded by users with XXXXX.
（2）Divergent, conflicting or supplementing standard terms and conditions of users shall become integral parts of the agreement with XXXXX only and insofar as we grant our express consent to such terms.
2.Internet Marketplace, Contractual Relations
（1）XXXXX makes an internet marketplace available on which users are able to offer, sell and purchase particular, digital games contents, so-called “Skins”.
（2）XXXXX itself shall not become a contracting partner of a sales contract concluded between users.
（3）An agreement on processing of the transaction shall be brought about between the buyer and XXXXX (as the Merchant of Record) upon conclusion of the sales contract. Adyen N.V. as the payment service provider shall participate in the performance of the agreement on processing of the transaction. Prior to payment processing, users have to consent to the standard terms and conditions of Adyen N.V. (https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms), which will be pointed out to them especially.
3.User Account, Verification of Identity
（1）Registration as a user is required in order to use our internet marketplace. Registration is possible after the user has set up a user account. A user account can be set up free of charge.
（2）The data we request during setting up of a user account has to be provided in full and truthfully by the user. In case of changes to the data he provides, the user shall update such data promptly.
（3）Only companies and natural persons with full legal capacity who are at least 18 years of age are permitted to set up and use a user account.
Adolescents over the age of 14 are only permitted to use a user account that has been created by their legal guardian under the name and using the data of the legal guardian, provided that the legal guardian gives their consent to the use. The parent or legal guardian is solely responsible for monitoring the use of his or her user account by the minor.
We reserve the right to make our consent to the setting up of a user account dependent on the presentation of appropriate proof.
（4）Should there be doubts as to the identity of a user, we are entitled to require presentation of appropriate proof of identity from a user for the personal information provided, in order to establish his/her identity and to prevent fraud. The presentation of proof of identity of third parties is expressly prohibited.
（5）The setting up of a user account on behalf of third parties, the setting up of several user accounts for one and the same user (“Multi-Accounts”), the linking of an existing user account to other user accounts and the use of one account by several persons (“Account Sharing”) is not permitted.
（6）After having issued prior notification, we reserve the right to delete user accounts that are not fully set up or that remain unused over a longer period of time, unless the user account is subsequently completed or use is resumed. In case of deletion, the services provided by us shall be rescinded in accordance with the statutory provisions.
4.Posting of Contents
（1）Users shall ensure that the offers and contents they post do not violate statutory provisions and are free from third-party rights.
（2）The posting of goods other than Skins, in-game passes and in-game music kits on the internet marketplace is not permitted.
（3）We reserve the right to technically edit offers and other contents of users for the purpose of improved presentation.
（4）We reserve the right to remove content that violates legal regulations from our online marketplace. In such cases, 6 para. 1 of the terms and conditions applies additionally.
5.Fees and Payment Formalities, Executing and Aborting a Transaction
（1）Where a sales contract is concluded between users on our internet marketplace, we shall invoice the vendor for a brokerage fee the amount of which is determined by our price list in force at the time of conclusion of said contract. The brokerage fee is due for payment immediately.
（2）If XXXXX is required, due to country-specific tax regulations applicable to users, to withhold taxes that must be added to the purchase price, XXXXX will add these taxes to the purchase price and remit the tax amount to the respective tax authority. XXXXX will display the respective tax and the total purchase price calculated before the completion of the purchase process.
（3）When executing the transaction and the transfer of title, we as the Merchant of Record shall contact the buyer with regard to the transaction process, shall assist the users and handle any disputes between them concerning the goods, without ourselves being a contracting partner to the sales contract concluded by and between the users. We shall notify Adyen N.V. of the transaction, shall receive the invoice from Adyen N.V. and shall contact Adyen N.V. on behalf of the vendor. After successful processing of the payment, the product ordered shall be made available to the buyer via the marketplace. The buyer’s bank account will be debited with reference to the vendor and to us. During the transaction our fee will be directly deducted from the purchase price paid by the buyer to the vendor.
（4）The legitimacy of the brokerage fee we charge is independent of the legitimacy of the contract concluded between the users and of a legal dispute between the users concerning the exchange of performance and/or the usability of the content posted.
（5）Users may only make payments using their own banking connections and payment methods. Payments may not be made by third parties.
（6）In case of doubts about the identity of a user, XXXXX shall be entitled to suspend a transaction, disbursement of the credit balance and transmission of the XXXXX until the identity of the relevant user has been determined.
（7）Should there be indications of fraud or other criminal activities, XXXXX shall be entitled to prevent, rescind or abort transactions, disbursement of the credit balance and transmission of the Skins until the suspicion has been dispelled.
6.Blocking and Termination
（1）If users are in breach of statutory provisions, third-party rights or these T&Cs, we reserve the right to issue a warning to users. In case of repeated or severe breaches, XXXXX shall be entitled to block the user temporarily or permanently. In selecting the measure, the legitimate interests of the user, the nature of the breach and the degree of fault shall be taken especially into account. If a user deceives us as to his/her identity, if payments are made by a third party contrary to these T&Cs of if a user abuses the option of reimbursement of a credit balance, then we shall be entitled to delete the relevant user account immediately.
（2）Users may terminate this Agreement on use of our internet marketplace at any time, we may terminate subject to observance of 14 days’ notice to the end of the month.
（3）Contracts already concluded shall remain unaffected by blocking, deletion or termination and shall be processed in accordance with the statutory provisions.
7.Collection of Data
XXXXX collects and processes user data in accordance with the statutory provisions in force. Data requested during transactions shall be forwarded to Adyen N.V. in accordance with the statutory provisions, for execution of the transaction. Details are set out in the data privacy policy.
8.Limitation of Liability, Limitation Period
（1）Our non-contractual liability and liability for breaches of duty is limited to intent and gross negligence.
（2）Claims arising from the contractual relationship between XXXXX and the user shall become statute-barred after one year. The set period shall commence at the end of the year in which the claim arises and the creditor becomes aware, or in the absence of gross negligence should become aware, of the circumstances giving rise to the claim and the identity of the debtor.
（3）The limitations in paragraphs 1 and 2 do not apply to damage arising from injury to the life, body or health of the user that is caused by a negligent breach by XXXXX or by an intentional or negligent breach of duty by a statutory representative or vicarious agent of XXXXX, or to claims based on a breach of material contractual obligations. Material contractual obligations are obligations that enable proper performance of the contract in the first place, a breach of which jeopardizes achievement of the purpose of the contract. In this respect we are liable for any degree of fault. The curtailment of the limitation period does not apply to liability based on intent or gross negligence.
Further liability for damage of any kind is excluded. In particular, we are not liable for the usability of the contents posted by users.
9.Indemnification
The user shall indemnify us in accordance with the statutory provisions against all claims made by third parties against us on the basis of an infringement of their rights, claims arising as a result of the posting of contents by the user. The indemnification also includes the costs of a necessary legal defence in the amount determined by law. Upon our request the user shall promptly provide us with all accurate information required for verification and aversion of the claims.
10.Revocation Policy
（1）The revocation right set out below applies to users who, as consumers, enter into an agreement with XXXXX.
Revocation Right
You are entitled to revoke this Agreement within 14 days without stating any grounds. The revocation period is 14 days as of the date on which the Agreement is concluded.
In order to exercise your revocation right, you have to inform us (XXXXX GmbH) by means of an unequivocal declaration (e.g. a letter sent by post or an eMail) about your decision to revoke this Agreement. You can but do not have to use the attached revocation template for this purpose. In order to comply with the revocation deadline, it is sufficient for notification of exercise of the revocation right to be sent before the revocation period ends.
Consequences of Revocation
If you revoke this Agreement, we shall promptly return to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery we offered), no later than 14 days from the date on which we receive your notification of revocation of this Agreement. For repayment purposes we shall use the same means of payment used by you during the original transaction unless expressly agreed otherwise with you; on no account will you be invoiced for repayment charges.
If you have requested performance of the Agreement prior to expiry of the revocation period, your revocation right will expire if we notify you in advance that you will relinquish your revocation right when you grant your consent to the commencement of performance of the Agreement.
Revocation Template
(Please use this form if you wish to revoke the Agreement)
—
To XXXXX GmbH, Steiermärker Straße 3-5, 70469 Stuttgart
I hereby revoke the agreement I have concluded for the provision of the following services.
Ordered on:
Name of consumer
Consumer’s address
Consumer’s signature (for notification on paper only)
Date
—
（2）The revocation issued to XXXXX shall not constitute revocation of a sales contract concluded by and between users.
11.Final Provisions
We reserve the right to amend these T&Cs. An intended amendment will be notified to the user by us in text form with advance notice of one month before the date on which the new standard terms and conditions will take effect. The user’s consent to the new standard terms and conditions will be deemed granted unless he/she informs us of his/her objection to amendment of these T&Cs in text form by the amendment date, provided we have specifically pointed out to the user the significance of his conduct, at the start of the set period for his/her declaration. The user has a right of extraordinary termination with immediate effect, free of charge, up to the date on which the amendment takes effect.
The Agreement between us and the user as well as these T&Cs are governed by German law to the exclusion of the UN CISG unless the user is domiciled within the EU and specific consumer protection provision in the user’s home country are more favourable.