Terms and Conditions
This document defines the legal (contractual) relations between the User and DAILYGAMESALE.COM, defines the legal (contractual) relations between DAILYGAMESALE.COM and the Seller as well as defines legal relations between the User and the Selling User and between the User and the Seller.
User – any person using any of the Site’s functionalities and/or who has registered on the Site.
Buying User – any natural person or entrepreneur buying products via the Site;
Selling User – a natural person, who is not an entrepreneur, selling via the Site and being the owner of game-keys in the digital form.
Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and DAILYGAMESALE.COM, constituting terms and conditions for the provision of services via electronic means.
Seller – an entrepreneur operating in any form who sells its goods or services, especially game-codes in digital form to Users via the Site. The seller may also purchase goods/products from other Sellers via the Site.
Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality.
Durable Medium – any instrument which enables the User or the Seller or DAILYGAMESALE.COM to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the information.
All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.
1. Applicability and Acceptance of the Terms and Conditions
1.2 Members unable to conclude a legally binding agreement with DAILYGAMESALE.COM, with the Selling Users or with the Sellers and those who are prohibited from using the services due to the regulations of the State or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Site. The User hereby confirms that he or she is at least eighteen (18) years old (or has reached another age which in light of his or her domestic law entitles the User to conclude legally binding agreements), has full capacity to take legal actions and agrees to these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – he or she hereby asserts DAILYGAMESALE.COM that they are authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
1.3 The Seller hereby confirms that it is an entrepreneur and accepts these Terms and Conditions. Where the Seller uses the Site for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – hereby asserts DAILYGAMESALE.COM that he or she is authorized to commit, enter into obligations and incur any liabilities related to the conclusion of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such Seller is of the same effect as if they were accepted by such third party. The Seller states that there are no factual or legal grounds preventing him from the conclusion of this agreement with DAILYGAMESALE.COM and the Users through the Site aimed at sales of products and services to the Users.
1.4 DAILYGAMESALE.COM reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the amended Terms and Conditions on the Site. Therefore it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Site and services you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall come into effect automatically thirty (30) days after their publication on the Site. The modifications of these Terms and Conditions become binding for the Sellers at the moment of publication of the amended Terms and Conditions on the Site. To all the agreements between the User and the Seller or between the User and the Selling User which were signed before the modifications of these Terms and Conditions were introduced and which would be supposed to be realized after the moment in which the amended Terms and Conditions should enter into force – the Terms and Conditions from the not-amended (current) version are applied.
1.5 In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail.
1.6 Users or Sellers may conclude with DAILYGAMESALE.COM, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and DAILYGAMESALE.COM (Additional Provisions). In case of any conflict or discrepancy between the Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions unless explicitly provided otherwise in the Additional Provisions.
1.7 When using any services or sending e-mails to DAILYGAMESALE.COM, the User and the Seller communicate with DAILYGAMESALE.COM electronically. DAILYGAMESALE.COM communicates with the Users and Sellers by e-mail or by posting notices on the Site or through their distribution via communication channels within other services. For contractual purposes, the User and the Seller consent to receive communications electronically and they agree that all agreements, notices, disclosures and other communications that DAILYGAMESALE.COM electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
1.8 As part of the Site – within the scope of agreements concluded between the Seller and the User or between the Selling User and the User – DAILYGAMESALE.COM provides exclusively so called regular transfer, caching and hosting services (specified below in a), b) and c)). To such extent, DAILYGAMESALE.COM renders services based on making available a computerized infrastructure to intermediate in data transmission and in the storage and sharing of data by Users and Sellers.
a) DAILYGAMESALE.COM enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that DAILYGAMESALE.COM:
is not the initiator of the data transfer,
does not choose the recipient of the data transfer,
does not choose nor modify the information contained in the transfer. Within this scope DAILYGAMESALE.COM may conduct automatic and short-lasting, indirect storage of the transmitted data solely for the purpose of conducting transmission, whereas the data shall not be stored any longer than necessary in regular conditions to perform transmission.
b) DAILYGAMESALE.COM enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that DAILYGAMESALE.COM:
does not modify the data,
uses accredited and applied IT techniques determining technical parameters for the access to and updating of data,
does not disturb the use of IT techniques.
c) DAILYGAMESALE.COM makes available computerized system’s resources aimed at storage of data by Users and Sellers.
1.9 DAILYGAMESALE.COM provides the Users and Sellers with a digital trading platform to exchange information on products and services. In addition, DAILYGAMESALE.COM provides the possibility of establishing, presenting and completing transactions between Users and Sellers via electronic means, including in particular the sales of games and game codes to Users by Sellers, between the Selling User and the User, as well as between Sellers. DAILYGAMESALE.COM is neither a party to the agreement between the User and the Seller, nor between the Selling User and the User, nor between Sellers - it merely provides specific assistance and administration services to the Sellers and the Users.
1.10 Notwithstanding the provision in 1.9 above, DAILYGAMESALE.COM also sells its own products and services through the Site.
1.11 The technical requirement for the use of the Site by the User and the Seller is to possess an operational system-equipped workstation with access to the Internet and standard software necessary to view websites, including to enable support of cookies.
1.12 For the correct performance of some of the Site’s functionalities it may be necessary for the User/the Seller to be able to enable Java, Java Script, Flash support etc.
1.13 With regards to each agreement being concluded within the Service, User gives his/her consent to fulfil the obligation before the date of the agreement withdrawal. Moreover, User is obliged to file the representation concerning the consent to fulfil the obligation before the date of the agreement withdrawal in a separate form (excluding this provision) after first Seller’s or DAILYGAMESALE.COM’s request – in a situation when, on Seller’s clear demand, the obligation is to be fulfilled before the date of the agreement withdrawal.
1.14 User does not have a right to withdraw with regards to all the agreements which he/she concludes within the Service for providing digital content which is not recorded on a physical medium, in particular connected with the purchase of game codes.
1.15 The User having its place of residence, headquarter or place of habitual residence in the territory of the European Union or New Zealand shall execute this agreement with DailyGameSale LLC with its registered office at 8275 South Eastern Avenue 200 Las Vegas, NV 89123, USA. The Users having its place of residence, headquarter or place of habitual residence in other countries shall execute this agreement with DAILYGAMESALE.COM LIMITED with its registered office in Hong Kong, 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. If the Seller or the Selling User sells games codes to the User having its place of residence (headquarter or place of habitual residence) in the territory of the European Union or New Zealand then the Seller/Selling User executes an agreement pursuant to the Terms and Conditions with DailyGameSale LLC. If the Seller or the Selling User sells games codes to the User who is not having its place of residence (headquarter or place of habitual residence) in the territory of the European Union or New Zealand then the Seller/Selling User executes an agreement pursuant to the Terms and Conditions with DAILYGAMESALE.COM LIMITED.
1.16 The User, Buying User, Selling User and the Seller hereby agree on confirming or making available specific data in order to confirm their place of residence, headquarter or place of habitual residence if in doubt about this matter. The aforesaid agreement is connected with obligations and reporting tasks of DailyGameSale LLC (if this company is a party to the agreements referred to in this paragraph) in relation to Value Added Tax in particular under art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations no 282/2011 and 1042/2013.
2. Service Fees
Subject to point 2.1 above, DAILYGAMESALE.COM collects its commission or other possible fees (if such are due) from the amount of such a price
2.1 Joining DAILYGAMESALE.COM and buying items on sale through the Site is free of charge for the Users. The Users are charged only for the use of selected payment channels or for payments and commissions due to DAILYGAMESALE.COM. The amount charged is listed on the payment selection page. DAILYGAMESALE.COM shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The commission may vary depending on the payment provider used to finalize the transaction. Moreover, the commission is different for Selling Users and for Sellers. DAILYGAMESALE.COM also charges a fee for payouts done by Selling users and Sellers. This is mainly caused by the need to cover the bank or payment provider fees that DAILYGAMESALE.COM has to pay for the payout operation. The fee varies depending on whether the payment is to be made via the payment provider or directly to the bank account of the Seller or the Selling User. The added fee shall be visible after the User (or Seller making the purchase) selects the payment method used to finalize the transaction. DAILYGAMESALE.COM also charges a fee for putting a product on sale via the Site. The fees and commissions are specified in the “Table of fees and commissions” annexed to these Terms and Conditions.
2.2 The amount of the commission referred to in point 2.1. DailyGameSale LLC may add the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union which is connected with obligations of DailyGameSale LLC in relation to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.15.
The Selling User and the Seller gives his/hers consent to DailyGameSale LLC for adding to the price referred to in point 2.1. the amount of Value Added Tax valid at the place of residence, headquarter or place of habitual residence on the territory of the European Union of the Buying User who does not run a business activity. The aforesaid consent is connected with obligations of DailyGameSale LLC in relation to Value Added Tax in conformity with Community Law, in particular with those referred to in paragraph 1.15. In the present case the amount of the commission collected by DailyGameSale LLC shall be calculated on the amount of the selling price without including the amount of Value Added Tax.
2.3 The prices specified for each product or service do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. DAILYGAMESALE.COM reserves its right to temporarily suspend the Service Fees for promotional purposes (e.g. free bidding days) or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.
2.4 All fees are denominated in EUR, USD, GBP or PLN, otherwise changes will be communicated. The User and the Seller are obliged to pay such fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are obliged in particular to pay due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own. If certain payment method shall fail or an invoice is overdue, DAILYGAMESALE.COM reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
2.5 The User and the Seller should sign in to access and use the Site and all its functionalities.
2.6 Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. DAILYGAMESALE.COM may, at its absolute discretion, restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
2.7 The Users may make payments within the payment solutions available on the Site, such as PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers and other. All the payment solutions are described within the Site.
2.8 Any User (or Seller) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, DAILYGAMESALE.COM shall not be liable against the Users (or Sellers) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/Seller shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to DAILYGAMESALE.COM fault, the User shall inform DAILYGAMESALE.COM thereof by sending an e-mail to the address: support@DAILYGAMESALE.COM
2.9 The User and the Seller give their consent to DAILYGAMESALE.COM to transfer personal data of the User or the Seller, such as name, surname, address, as well as other data, such as the bank account number, to the payment services mentioned in 2.6 above, including the consent to processing these data by the payment services in order to realise the transaction in the form of the payment from the User to the Seller or the Selling User.
2.10 The User and Seller assert that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.
2.11 The User asserts that he/she is not the VAT taxpayer. When the User becomes or already is the VAT taxpayer, he is obliged to provide all the data required to issue the VAT invoice by DAILYGAMESALE.COM. Such an invoice shall be sent to the User’s email address.
2.12 The User is aware and hereby acknowledges that placing an order connected with purchase the game codes via the Site entails an obligation to pay.
2.13 To any User who has made a purchase on the Site, information may be sent randomly via e-mail that automatically one Bonus Person was assigned to him (please see Goldmine terms and conditions) together with information that conditional remuneration was therefore granted to him – indicating the remuneration amount. From this moment the User has three (3) months to decide whether to register with the Goldmine site and participate in the Goldmine Marketing Program. No registration within that period will result in the conditional remuneration being withdrawn and treated as undue because of the unfulfilled condition. In case the registration is made the remuneration defined in this section shall be paid into the technical account specified in point IV section 1 of the Goldmine terms and conditions. The provisions of this section are part of a marketing campaign valid until revoked. Revocation shall be made by striking out this section in accordance with these Terms and Conditions.
3. Users’ accounts
3.2 DAILYGAMESALE.COM is entitled to verify the data of the User or the Seller by requesting from the User or the Seller presentation of proper documents, their copies, scans, etc. In particular, DAILYGAMESALE.COM may request from natural persons not being entrepreneurs a scan of an identification document, and from natural persons being entrepreneurs, from legal persons, as well as from organisation units being the Sellers, presentation of proper documents which would confirm: the company address, being entered in the proper register, authorisation to represent the natural person or organisation unit, as well as to enter into obligations on his/her behalf for a person registering on the Site, VAT identification number and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 14 days since the day, on which DAILYGAMESALE.COM requested providing them from a person intending to register on the Site. The lack of providing these documents (their scans or copies) may constitute the reason to refuse registration on the Site. DAILYGAMESALE.COM may also request proper documents (their scans or copies) after registration of the User or the Seller – in that case the lack of providing the documents (their scans or copies) may constitute the reason to block the account of a given Seller or User or result in inability to sell the products or services via the Site by the Seller or the Selling User.
3.3 Following correct registration on the Site by the User he or she is provided with access to the full functionality of the Site after entering his or her login and password on the login page.
3.5 The User is obliged to exercise reasonable care to ensure that an updated e-mail address is always assigned to his account on the Site.
3.6 The account is made available to the User by DAILYGAMESALE.COM free of charge and allows him or her to use the services offered through the Site, which is possible from any place in the world via the Internet network.
3.7 In case of any violation of these Terms and Conditions and the law in force by the User, DAILYGAMESALE.COM reserves its right and possibility to block the User’s account.
3.8 Within the scope permitted by law, DAILYGAMESALE.COM reserves the possibility of temporary unavailability of the access to the Site or to accounts, which may occur due to modernization works conducted or technical problems. Where technical problems arise, DAILYGAMESALE.COM hereby commits to deal with them as soon as possible.
3.9 The User acknowledges that sharing their account with other people or giving access thereto to many persons other than the User’s personnel may cause irreversible damage to DAILYGAMESALE.COM, Sellers or other Users. The User is obliged to protect DAILYGAMESALE.COM and our partners against losses and damage caused by the use of their account by third parties.
3.11 The Seller is obliged to exercise reasonable care to ensure that an updated e-mail address is always assigned to his account on the Site.
3.12 In case of any violation of these Terms and Conditions and the law in force, etc. by the Seller, DAILYGAMESALE.COM reserves its right and possibility to block the Seller’s account. Provisions 3.8 and 3.9 above are applied do the Sellers’ accounts respectively.
3.13 The User and the Seller shall neither use other Users’ and Sellers’ accounts nor make their accounts available to other Users, Sellers or third parties. The above does not apply to the Seller in terms of making his/her account available to the persons entitled to act on his/her behalf and his/her employees, who are entitled by the Seller to use the account on the Site. DAILYGAMESALE.COM may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.
3.14 To the extent permitted by law, DAILYGAMESALE.COM assumes no responsibility against the Users and the Sellers, should they violate the provision specified in 3.13 above. The Users and the Sellers assume responsibility for actions and outcomes of actions of persons, whom they provided with the access to the account, in particular for the actions undertaken on the Site.
3.15 The account of the Seller and the Selling User may be blocked if it is noticed that the products put on sale by the Seller or the Selling User are faulty or had already been used.
4. General Terms and Conditions of Use
4.1 Subject to your compliance with the Terms and Conditions and your payment of any applicable fees, DAILYGAMESALE.COM or the Sellers, as the case may be, grant the Users (or other Sellers) a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by DAILYGAMESALE.COM (or the Sellers).
4.2 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by DAILYGAMESALE.COM or its owners, licensors, suppliers, publishers or other authorized persons.
4.3 You may not misuse the DAILYGAMESALE.COM services. You may use the DAILYGAMESALE.COM services only as permitted by law and the Users and Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.
4.4 Any texts, graphic materials, interactive functions, logos, photographies, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of DAILYGAMESALE.COM Limited. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for DAILYGAMESALE.COM Limited. Any trademarks, marks and trade names constitute DAILYGAMESALE.COM Limited property. Without explicit consent of DAILYGAMESALE.COM Limited, the User nor the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site Content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of DAILYGAMESALE.COM Limited. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other. All Rights Reserved. These materials constitute Works within the meaning of article 1 of the Act on copyright and is subject to protection under the Act on copyright and related rights of February 4th, 1994. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.
4.7 The User and the Seller hereby confirm and assert that they will not engage in the following:
a) they will will not upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);
b) they will not publish any false or misleading information, which may be detrimental to or may expose DAILYGAMESALE.COM or third parties to any harm;
c) they will not impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or DAILYGAMESALE.COM;
d) they will not use the Site for any other purposes than the use of services offered by DAILYGAMESALE.COM, other Sellers or Users;
e) they will not circumvent or disable the Site’s security;
f) they will not use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
g) they will not slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
h) they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
i) they will not modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
j) they will not in any way deliberately disturb the Site’s activity or disturb other Users or Sellers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc;
k) they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
l) they will not take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;
m) they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
n) they will not upload on the Site any data containing any personal data of third parties;
o) they will not in any way make other Users’ or Sellers’ use of the Site difficult;
p) they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
4.8 By posting or publishing their own content and materials on the Sites or by distributing them in any other way to DAILYGAMESALE.COM or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free licence, to use the said materials in any way and in any place by DAILYGAMESALE.COM. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of DAILYGAMESALE.COM, currently or in the future. The User acknowledges and warrants to DAILYGAMESALE.COM that he/she has sufficient means and rights to ensure such licence.
4.9 Selling such items/products as game accounts or other accounts (including selling of login and password), which are not designated for sell according to third party regulations and policies, is prohibited.
5. Obligations of DAILYGAMESALE.COM
5.1 Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller and the Selling User, DAILYGAMESALE.COM shall provide every Selling User and Seller with the opportunity to sell the product on the Site.
5.2 Unless otherwise provided by these Terms and Conditions, the Seller and the Selling User may only sell on the Site products in the digital form, i.e. such products which may be downloaded by the Users to their workstations’ hard drive. Such products are not storage on a material media carriers.
5.3 The Seller or the Selling User determines the price of products which he/she intends to sell on the Site. Subject to point 2.1 above, DAILYGAMESALE.COM collects its commission or other possible fees (if such are due) from the amount of such a price. The Users and the Sellers acknowledge and accept the fact that DAILYGAMESALE.COM may, as part of Additional Provisions mentioned in 1.6 above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
5.4 Offering the product sales by the Seller or the Selling User on the Site equals the consent to sell it on the Site and constitutes a sales offer in relation to the civil law. The offer is valid for an indefinite period, till the purchase of the product by the User or other Seller. Provided that no User (or other Seller) has accepted the offer, The Seller or the Selling User may change the product price. In case of the price change, provisions defined in 5.3 above are directly applied. The Seller and the Selling User acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.
5.5 Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers if they have purchased goods from other Sellers) shall be paid by these Users (or Sellers) by means of a chosen payment channel (e.g. PayPal, Skrill, DotPay, PaySafeCard, MoneyBookers) to the bank account of DAILYGAMESALE.COM. The Seller and the Selling User hereby entitle DAILYGAMESALE.COM to charge the Users (or Sellers) the full due amount to the bank account of DAILYGAMESALE.COM. From the funds collected on its account, DAILYGAMESALE.COM deducts its due commissions and fees from the Seller and the Selling User, by retaining its amount on the DAILYGAMESALE.COM’s bank account, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s bank account. The Seller and the Selling User agree that the transfer of the payment to the Seller or the Selling User shall follow within 30 days from the date of the funds reaching the DAILYGAMESALE.COM’s bank accounts. The Seller and the Selling User agree that the payment transfer for the Seller shall follow within 30 days after the money reaching the DAILYGAMESALE.COM’s bank account and after setting the payout with chosen payout option; for the Selling User within 14 days after the moneys reaching the DAILYGAMESALE.COM’s bank account.
5.6 The commission paid by the Seller to DAILYGAMESALE.COM is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased from the Seller, would have to be returned by the Seller to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller). Due to the commission being non-returnable, the Seller is not entitled to claim any compensation from DAILYGAMESALE.COM. Moreover, DAILYGAMESALE.COM may retain on its bank account the sums of back commissions, contractual penalties, costs which the Seller shall cover or compensations owed from the Seller.
5.7 The provision included in 5.6 above does not concern the Selling Users. In their case, DAILYGAMESALE.COM undertakes investigation (especially compensatory investigation defined in 10 below) in order to clarify the reasons for demanding refund to the User. Depending on the conclusions of such investigation, the funds shall be returned by the Selling User (including transfer of the funds from the DAILYGAMESALE.COM’s bank account to the User, instead of to the Selling User’s bank account) or shall not be returned to the User, who may vindicate his claims against the Selling User at court or in any other way.
5.8 Excluding the examples defined above, DAILYGAMESALE.COM is not entitled to dispose of and manage the funds transferred by the Users/Sellers in relation to purchases of products or services from the Seller or the Selling User.
5.9 The Seller and/or the Selling User give DAILYGAMESALE.COM their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller or the Selling User. The Seller and the Selling User are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. DAILYGAMESALE.COM is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab „product details”. However, DAILYGAMESALE.COM assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms DAILYGAMESALE.COM regarding the product, its access to a given gaming platform, etc. The Seller and the Selling User hereby entitle DAILYGAMESALE.COM to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.
5.10 DAILYGAMESALE.COM shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.
5.11 In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, DAILYGAMESALE.COM accepts and assumes (together with the Seller) responsibility against the User for a product sold by the Seller in the form of a game-key. DAILYGAMESALE.COM assumes responsibility against Users for the sold product in terms of order compliance, correct functioning, potential physical and legal faults as well as prompt delivery. DAILYGAMESALE.COM’s responsibility concerns solely these products, for which the Users pay to the Seller by means of a credit card. The responsibility described here does not constitute taking over the Sellers’ responsibility by DAILYGAMESALE.COM. It only concerns participation in this responsibility in the scope mentioned above which means in particular that the Seller still assumes the responsibility against the User in accordance with these Terms and Conditions. Participation in the responsibility does not mean that DAILYGAMESALE.COM becomes the owner or co-owner of the product sold by the Seller (nor that DAILYGAMESALE.COM is to be so treated) – the Seller remains the exclusive owner of the sold product.
5.12 Every User may purchase access to the security program for buyers („DailyGameSale Shield”). The fee for DailyGameSale Shield is displayed for each given product and is exclusive for individual products, in connection to which the User bought the DailyGameSale Shield. Every User may remove the DailyGameSale Shield option during the purchase, simply by unchecking the DailyGameSale Shield box. In the said case the fee for DailyGameSale Shield shall not be added. DailyGameSale Shield allows the User to receive the replacement product in case the purchased product was faulty or different from the description. If such a replacement cannot be granted the User who bought the DailyGameSale Shield shall receive a full refund for the said purchase. The User will also receive exclusive access to Livechat support and DailyGameSale Price Match. DailyGameSale Shield does not transfer responsibility for any product from the Seller or from the Selling User to DAILYGAMESALE.COM – it is an additional service that gives DailyGameSale Shield Users additional protection independently from the responsibility of the Seller/Selling User for the product and ultimate responsibility for the product always lies with the Seller/Selling User.
5.13 The User may choose to purchase a DailyGameSale Shield membership (the “membership”). The membership is free of charge for one month from the purchase (“initial term”) and shall last for undefined period of time unless earlier terminated by User. After the initial term is lapsed the User shall pay to Company the remuneration in the amount of 1 EUR (+VAT/GST/HST – if applicable - and fees due to payment services providers) per each month. If the User does not want to continue the membership after the initial term he/she needs to unselect membership in his/hers account panel which can be done only during the last two days of the initial term. After the initial term the membership can be terminated at any time. If the User deactivates the membership and after that he/she decides to purchase the membership again then the remuneration due to the Company amounts to 2 EUR (+VAT/GST/HST – if applicable - and fees due to payment services providers) per each month and shall be paid each time he/she purchases the membership. The aforesaid remuneration for the membership will be automatically deducted from the User’s credit card or DailyGameSale Wallet or any other available funds and the User accepts this.
5.13.1 The User that elects to purchase a membership, in addition to the standard benefits of DailyGameSale Shield shall be entitled to the following benefits, subject to these Terms and Conditions: a) reduced conversion fees for DailyGameSale Coins; b) free DailyGameSale Coin transfers;
and c) Shield cashback.
5.14 Each User who purchases the membership shall receive a full refund or the replacement product in case the purchased product was faulty or different from the description, regardless the product was purchased on the Site or from the Merchant integrated within DAILYGAMESALE.COM ecosystem. However, to benefit from the membership the product must be purchased with DailyGameSalePay solution. For the avoidance of doubt the “Merchant integrated within DAILYGAMESALE.COM ecosystem” shall mean a third party (business entity) operating an online shop who has integrated DailyGameSalePay solution within this online shop. To get the refund the User has to contact with DailyGameSale Shield specialist via Livechat communicator. The refund or replacement product shall not be granted if the User’s account was blocked or deleted or the User’s access to the Site was blocked due to violation of this Terms and Conditions.
5.15 DailyGameSale reserves the right to refuse to issue a replacement or refund if in DailyGameSale’s sole discretion DailyGameSale detects that a User has engaged in fraud, deception or abuse of the DailyGameSale Shield. Moreover, in the event that DailyGameSale detects a User has engaged in fraud, deceit or abuse after the issuance of a refund DailyGameSale reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s DailyGameSale Wallet.
5.16 The time to process User’s refund request depends on the User’s rating and his buying history in DAILYGAMESALE.COM ecosystem. The said rating is created by Users. For each transaction, Users can choose to rate each other by leaving a comment. Buyers can leave a positive, negative, or a neutral rating, negative or neutral rating plus a short comment. Sellers/Selling Users can leave a positive rating and a short comment.
a) Each User who has made a purchase covered with DailyGameSale Shield or DailyGameSale Shield membership (the “Privileged User”) can use the DailyGameSale Price Match service (“DailyGameSale Price Match”). DailyGameSale Price Match does not modify the price set by the Sellers/Selling Users but is an additional service that gives the Privileged User a benefit in DailyGameSale Coins in eligible cases.
b) DailyGameSale Price Match entitles the Privileged User to receive a difference between the price paid for the product marked with “Lowest Price” tag (“Lowest Price”) and the price of the same product (including model, version, date of release and the whole content) offered at onlineshop(s) being authorized sellers of such product or at online shop with daily visitors amount exceeding five thousand (“online shop(s)”) if the Lowest Price is higher than the price offered at online shop(s), provided however that the difference the Privileged User may receive shall not be greater than 10% of the Lowest Price.
c) The Privileged User can use DailyGameSale Price Match within 30 days from the day of purchase. In case of purchase of product(s) offered as a Pre-Order(s) DailyGameSale Price Match can be used any time.
d) DailyGameSale Price March does not cover products offered by online shops within sales promotions or limited offers.
e) The price which is compared should be a net product price (i.e. without any additional fees and taxes). The price at online shop should be a regular price excluding any discounts the User is granted as the online shop user.
f) The compared prices shall be always expressed in EUR.
g) The difference between the Lowest Price and the price at online shop(s) shall be transferred to Users balance within DailyGameSalePay Wallet and may only be redeemed for the purchase of products within the Service and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.
h) User confirms and accepts that terms and conditions regarding DailyGameSale Price Match may be changed or amended at any time without notice.
5.18 Promotional Cashback
Cashback codes and Shield cashback (collectively “Promotional Cashback”) provide a User with the ability to earn Promotional Cashback in the form of DailyGameSale Coins on each eligible purchase, as defined below, of a game-key in digital form.
Eligible Purchase Requirements for Cashback code DailyGameSale Coins
To receive DailyGameSale Coins for using a Cashback code, a User must: input the Cashback code prior to completing a purchase; the purchase must be for an eligible game-key in digital form, paid for using User’s DailyGameSale Wallet balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Cashback code amount in DailyGameSale Coins after satisfying the aforementioned eligibility criteria.
Eligible Purchase Requirements for Shield Cashback DailyGameSale Coins
To receive DailyGameSale Coins pursuant to Shield cashback, a User must: have a valid Shield membership; the purchase must be for an eligible game-key in digital form, paid for using User’s DailyGameSale Wallet balance; the game-key in digital form must be received by User; User must have a verified phone number; and finally User must elect to receive the Shield cashback amount in DailyGameSale Coins after satisfying the aforementioned eligibility criteria.
All Promotional Cashback DailyGameSale Coins are deposited in a User’s DailyGameSale Wallet as DailyGameSale Coins. Any Coins so deposited are subject to the rules and restrictions governing DailyGameSale Coins. These DailyGameSale Coins may be utilized by the User during a subsequent purchase on the Site.
Only certain products are eligible for Promotional Cashback and DailyGameSale reserves the right in its sole discretion to unilaterally and without notice change Promotional Cashback eligible products. The Promotional Cashback rates and percentages are set by DailyGameSale and the actual Promotional Cashback percentage may vary from product to product and is subject to change by DailyGameSale. The Promotional Cashback amount is calculated from the base price established by the Seller or Selling User (that is the price exclusive of VAT, GST, sales tax or any other costs or fees that may be levied upon the product).
The maximum Shield Cashback DailyGameSale Coin balance that any User may accumulate in any one month period is one thousand (1000) Coins and any Shield Cashback amount over said limit will not accumulate, rollover or carryforward to any subsequent months. DailyGameSale will not issue Promotional Cashback for any game-key in digital if the Promotional Cashback amount for that game-key in digital form is not at least 0,1 (one-tenth) of a DailyGameSale Coin. The entry by a User of a Cashback code on any purchase also eligible for Shield cashback will result in only the accumulation of the Cashback code amount and not the Shield cashback amount.
5.19 DailyGameSale Coins
a) Each User that has a verified phone number may purchase DailyGameSale Coins (“Coins”). Any purchased Coins will be deposited into the purchasing Users Account. All purchases of Coins are final and not subject to a right of withdrawal, return or rescission.
b) Purchased Coins may be redeemed on the Site and subject to the limitations set forth herein and any set forth in the Users Account, Coins may be freely transferred between Users that have a valid mobile phone number. Any User that elects to transfer Coins to a Person must initiate the transfer utilizing the mobile application. If the intended recipient of Coins is not a User then said recipient shall be required, prior to being able to collect transferred Coins, create an Account on the Site using a valid mobile number. If after a period of seven (7) days any transferred Coins remain unclaimed they shall be returned to the User who initiated the transfer of the unclaimed Coins.
c) Coins may only be redeemed for the purchase of products offered by a Payment Recipient and may not: be paid out, transferred to User’s bank account, transferred to any other account, resold, redeemed for fiat currency – unless required by law.
d) If User makes a purchase covered by DailyGameSale Shield or the DailyGameSale Shield subscription security program using Coins any refunds shall be made in Coins.
e) The availability of Coins may be limited in your jurisdiction by local law or regulation. By using Coins you agree that you are familiar with all laws and regulations in your jurisdiction and you shall indemnify and hold DailyGameSale harmless for any breach, violation of law or legal action resulting from your use of Coins.
g) DailyGameSale reserves the right to impose transaction limits on the purchase and/or transfer of Coins.
6. Obligations of the Seller and the Selling User
6.1 Every Seller and every Selling User warrants and acknowledges that:
b) by accepting this Terms and Conditions and by placing any services or products on the Site or selling it on the Site he/she confirm and assert that such services or products are legally purchased and/or obtained and originate from legal sources, are free from any defects (both legal and physical) and any third party rights and claims and that the Seller and the Selling User are entitled to place and sell such products or services, especially by way of copyrights possession, and that it has all the necessary licenses, rights, permits and consents to their use, distribution, posting, publication, sale etc., in particular the right to sale through the Internet, online system, as well as that the rights are not limited in any way;
c) the products and services offered by them through the Site (a) do not violate any third party rights, including copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, backbite, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights;
d) commits to use the Site and its functionalities in accordance with these Terms and Conditions, the law in force, rules of social conduct and good practices;
e) they will not engage in any activity detrimental to the good name and reputation off DAILYGAMESALE.COM, which may have negative effect on the Site, or the product and services sold via the Site;
f) they will not take any actions violating the law in force, contrary to good practices, rules of social conduct nor detrimental in any way to DAILYGAMESALE.COM interests;
g) they will not use the Site for any money laundering related activities nor for any actions providing to DAILYGAMESALE.COM the risk of being accused of using the Site for money laundering purposes.
h) will not use the Site to resell products which were acquired free of charge or with a discount connected with a charity event or supporting such an event.
i) will not use more than one account for selling or buying; will not use VPN connection unless it is necessary to run a registered business.
6.2 The Seller and the Selling User are obliged to provide information or documents concerning their business, company or products/services at first request of DAILYGAMESALE.COM. Each Seller and each Selling User represents, warrants, acknowledges and takes full responsibility that:
a) the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete; and
b) they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.
6.3 Furthermore, each Seller and each Selling User warrants, acknowledges and are responsible for the fact that the property on sale that they submit, present and publish through the Site will fulfill the following conditions and:
will be genuine, appropriate, complete and lawful;
will not be false, deceitful or unreliable;
will not infringe any applicable laws or regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition or fraudulent advertising) or promote any behaviour that might infringe or violate any applicable laws or legal provisions;
does not link, to any website(s) that might contain content infringing the above.
6.4 Furthermore, each Seller and each Selling User assumes responsibility, warrants and acknowledges that they:
will take all actions when visiting the Sites in accordance with applicable laws and regulations;
will deal with other Site Users properly and in good faith
will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;
will not use the Sites or any Sites for embezzlement or abuse of other Users (e.g. sale of stolen property, use of stolen credit/debit cards);
will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;
will not become involved in spamming or phishing (will not acquire information deceitfully);
will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
will not become involved in any attempt to reproduce, use or embezzle any legally reserved DAILYGAMESALE.COM address directories, databases and password lists;
will not use any computer virus or any other destructive equipment or code to destroy, tamper, intercept or appropriate any software or hardware, data or personal information whatsoever;
will not attempt to compromise the integrity of data, systems or networks used by DAILYGAMESALE.COM and/or any other Site User or gain unauthorised access to such data, systems or networks;
will not become involved in any action that might otherwise render DAILYGAMESALE.COM or our partners liable, in particular these specified in section 4.7 above.
6.5 If the Seller is a business representative of a company, it warrants and certifies that as such a representative he possesses the necessary consents and authorizations from their principal to:
a) act as a sales representative,
b) publish the contact details necessary to conduct business,
c) a third party will be able to use this data to contact him in matters important in the context of the business activity. In addition, the Seller certifies that third parties may contact the representative without the consent of his principal.
6.6 The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to DAILYGAMESALE.COM customer care department for DAILYGAMESALE.COM to provide its services depending on whether or not the Seller has violated the Terms and Conditions and/or a complaint against the User has been filed. If failure to do so is caused by any delay, suspension or denial of access to any Service, DAILYGAMESALE.COM will not be obliged to extend the term of such a service or held liable for any loss or damage caused by such a delay, suspension or denial.
6.6 Each Seller is obliged obliged to inform the User – at latest at the moment of expression by the User from the European Union the will to enter into agreement – in clear and understandable manner on:
a) the main characteristic of the service and the way of communicating with the User;
b) the data identifying DAILYGAMESALE.COM, in particular on the name, competent authority which has registered the economic activity and on the registration number;
c) the address of the enterprise, e-mail address and telephone number and/or fax number if available, at which DAILYGAMESALE.COM may be easily and effectively contacted by the User;
d) address where the complaints can be submitted (if it is different than set forth in point c) above);
e) the total price or remuneration for the services including tax, and when the character of the service does not make it possible to prior calculate its’ amount, after reasonable assessment, the way in which they shall be calculated as well as on the freight, delivery, postal and any other charges and if it is impossible to assess the amount of these charges – on a duty to pay the charges;
f) costs for using a means of distance communication in order to conclude the agreement it these costs are higher than costs usually use;
g) the method and term of payment;
h) the method and term of performance of the service by the Seller and on the Seller’s complaint handling policy;
i) absence of a right of withdrawal in circumstances where the User loses the right of withdrawal;
j) existence, terms and conditions and method of performance of warranty and aftersales services;
k) minimum duration of Users’ commitments arising from the contract;
l) the functionality, including applicable technical protection measures, of the digital content;
m) the relevant interoperability of digital content with hardware and software that the Seller is aware of or can reasonably be expected to have been aware of;
6.7. Every Buying User warrants and acknowledges that they:
b) will not engage in any activity detrimental to the good name and reputation of DAILYGAMESALE.COM, which may have a negative effect on the Site, or the products and services sold via the Site;
c) will not take any actions violating the law in force, contrary to goods practices, rules of social conduct nor detrimental in any way to DAILYGAMESALE.COM interests;
d) will not use the Site for any money laundering related activities nor for any actions which cause DAILYGAMESALE.COM to run the risk of being accused of using the Site for money laundering purposes;
e) will not use more than one account for buying; will not use VPN connection unless it is necessary to run a registered business.
6.8. The Seller may provide the aforementioned information through DAILYGAMESALE.COM and DAILYGAMESALE.COM may only pass the information without making any alterations.
6.9. The Seller is obliged to provide the User from European Union being a consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the contract. Such confirmation should contain information referred to in point 6.7 above unless the Seller has provided that information to the User on a durable medium prior to the conclusion of the distance contract. The aforementioned information through DAILYGAMESALE.COM and DAILYGAMESALE.COM may only pass the information without making any alterations.
6.10. The obligation referred to in point 6.7. and 6.9. above are binding for DAILYGAMESALE.COM only towards the Users from European Union being consumers and only in respect of contracts concluded after 24th December, 2014 the subject matter of which is to provide a teleinformatic platform and certain functions of the Site.
6.11. The obligation referred to in point 6.7. and 6.9. above are binding for DAILYGAMESALE.COM only towards the Users from European Union being consumers and only in respect of contracts concluded after 24th December, 2014 on the basis of which DAILYGAMESALE.COM sales game codes to the Users.
7. 1 Within the scope permitted by law, DAILYGAMESALE.COM’s liability shall be excluded in relation to:
any damages resulting from the use of the Site, accessing it or the inability to use the Site by a Seller or a User due to reasons beyond DAILYGAMESALE.COM control;
any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that DAILYGAMESALE.COM is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
implications of any access data or private information being accessed by any third party in an unauthorized manner, if it occurs due to reasons related to the User, in particular by reason of the User making his password available to third party;
any actions taken by DAILYGAMESALE.COM in relation to the User or Seller linked to any their infringement of the law in force or the Terms and Conditions, particularly such as account blockade or stopping access to the Site, limitation of possibilities to use specific services of functions within the Site;
infringing the law in force or any third party rights by the Sellers and/or the Selling Users, in particular in relation to any damages caused to third parties by the Sellers as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the Seller or/and the Selling User does not have copyrights or any other required titles;
any actions and results thereof related to any violation by the User or Seller of these Terms and Conditions or to submission by the Seller or the User of false data or submission of false or untrue statements and assurances, mentioned in these Terms and Conditions;
any actions based on collection of personal data by the Seller or the User in a manner contrary to the law in force, or their processing, in particular transfers of other Users personal data to unauthorized persons;
any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of DAILYGAMESALE.COM from any disputes between Users);
any harm, damages, claims, compensation, non-pecuniary damages, physical and legal defects of products and services sold through the Site by Sellers against Users or other Sellers – owing to the fact that within such scope, DAILYGAMESALE.COM is not a party to such legal relationship.
7.2 DAILYGAMESALE.COM shall not in particular bear any responsibility against any third parties related in particular to nonperformance or improper performance by the Seller of his agreement with the User (or other Seller), or to any delict committed by the Seller, any infringement by the Seller of the law in force or related to any false information, assurances or statements submitted by the Seller. Should any claims, complaints, petitions, pretensions, etc. be directed by third parties to DAILYGAMESALE.COM, related to Sellers' behavior specified in section 7.1. above, the Seller is obliged to take full responsibility against these entities, which means in particular that the Sellers shall bear all and any costs related thereto and borne by DAILYGAMESALE.COM or to which DAILYGAMESALE.COM will be forced through any kind of commitment, including where legal advice will be sought or any fees, damages, fines, penalties, notice charges, charges related to personal presence at court or in front of any authority and public administration body, correspondence costs and any other possible charges, fees, etc. Moreover, where third parties file any claims against DAILYGAMESALE.COM related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace DAILYGAMESALE.COM in such proceedings or shall act as a third party respondent. The provision 7.2 is accordingly applied to the Selling Users to the extent, which does not infringe the consumer rights.
7.3 Furthermore DAILYGAMESALE.COM does not guarantee that any Seller and User are capable of concluding an agreement through the Site, and in particular that such agreement will be performed. DAILYGAMESALE.COM is not responsible against Users and Sellers for any non-performance or improper performance of the agreement neither by the User against the Seller and the User against the Selling User nor by the Seller against the User and the Selling User against the User, nor the Seller against other Seller. DAILYGAMESALE.COM shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers and the Selling Users, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. DAILYGAMESALE.COM shall not be liable against the Sellers and the Selling Users for the correctness and validity of any statements made by the Users/Sellers, for their solvency or ability to conclude agreements with Sellers through the Site.
7.4 Notwithstanding the generality of the following guidelines, the Seller shall be held liable for gross violation of the Terms and Conditions and other obligations where:
In case of formal notification of a claim by third party against the Seller and where the Seller deliberately failed to reach/contact the harmed party or did not submit the relevant explanations to DAILYGAMESALE.COM or where he blatantly fails to fulfill his obligations, e.g. in case of non-delivery of the ordered product or service despite its cost being settled, or where the product or service delivered do not conform with the declared form or quality,
The Seller provided false, incomplete or misleading data,
Where there is reasonable probability that the Seller undertook actions which may be detrimental to DAILYGAMESALE.COM and/or its partners in terms of their assets or legal liability.
7.5 To the fullest extent permitted by law, all services provided by DAILYGAMESALE.COM on or via the Site are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and DAILYGAMESALE.COM hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the products and services sold by the Sellers or the Selling Users or sold by itself, unless consumers rights protection laws provide otherwise.
7.6 To the fullest extent permitted by law, DAILYGAMESALE.COM does not make any representation or give any warranty in relation to the quality, manufacturing, import, export, distribution, offering, presentation and/or use of any products or services offered on the Site nor does DAILYGAMESALE.COM take any responsibility for any potential infringements of third party rights related to the use of any services or products available through the Site.
7.7 Notwithstanding the foregoing, the total liability of DAILYGAMESALE.COM against the Sellers is limited to the amount of EUR 500. The foregoing sentence does not waive the need to prove and document the respective damage alleged to be sustained by the Seller. All claims arising from the use of the Sites or services have to be raised within fourteen (14) days after the date on which a problem occurs. In countries where limitation of liability against consumers is possible, the terms of the first and second sentence of this section shall apply accordingly.
7.8 The limitations and exclusions of liability under the Terms and Conditions apply to the fullest extent permitted by law and will be effective regardless of giving notice to DAILYGAMESALE.COM that such damage may occur.
8. Dealings between Users and Sellers
8.1 Users/Sellers acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. DAILYGAMESALE.COM uses its reasonable endeavors to verify the accuracy of the data and information provided by our Users/Sellers during the registration process as well as payment processes and when separate agreements and concluded with the Sellers. However, as the identity of Internet users is difficult to verify, DAILYGAMESALE.COM is unable to confirm and does not confirm the alleged identity of Users (including but not limited to Sellers). We recommend you to use various means, including common sense, to assess who you are dealing with.
8.2 Users/Sellers are personally responsible for observing all the terms and conditions of transactions conducted on, via or as a result of using the Site or services, in particular the Terms and Conditions and other commitments. This also includes, but is not limited to, payment terms, warranty, returns, delivery, time of delivery, insurance, fees, taxes, licences, or penalties.
8.3 The User/Seller agrees to provide all necessary information and documents that may be required in connection with transactions (between Sellers and Users or Selling Users and Users or between Sellers) and other obligations under these Terms and Conditions.
8.4 An agreement between the User and the Seller or the User and the Selling User or between Sellers becomes valid once the User (or the Seller making the purchase) confirms the payment using functionalities available on the Site. All further actions connected the agreement, rights and obligations, are regulated by adequate laws. ers or between Sellers) and other obligations under these Terms and Conditions.
8.5 By purchasing an activation code the User does not acquire copyright or ownership of the corresponding game or software connected with the use of the game.
9 Donating on the DAILYGAMESALE.COM Site
9.1 DAILYGAMESALE.COM supports:
a) charity activities,
b) initiatives for health and social care,
c) initiatives for environment and animal protection,
d) promoting human rights and freedom,
e) promoting art, culture and science. Therefore DAILYGAMESALE.COM enables all Users to donate moneys with the help of the Site (from here called Donations) to foundations, public benefit organizations and other subjects realizing goals mentioned from a) to e) (later called Beneficiaries)
9.2 In connection with Donations DAILYGAMESALE.COM shall create a subpage on the Site with information about currently supported initiatives and information that lets Users identify the Beneficiary.
9.3 Donations shall be transferred with the help of selected payment methods (e.g. Paypal, Skrill, Dotpay, Paysafecard, Moneybookers) to DAILYGAMESALE.COM’s bank account who acts as an intermediary. In the payment title the User shall specify which Beneficiary is chosen. If the User does not specify any Beneficiary DAILYGAMESALE.COM shall contact the User to determine the Beneficiary to which the Donation should go to. If the User does not specify the Beneficiary DAILYGAMESALE.COM shall return the funds donated.
9.4 DAILYGAMESALE.COM shall transfer the donated funds to the Beneficiary from their bank account not later than the end of the month that follows the quarter in which the Donation occurred (therefore the donation settlements shall occur 4 times a year after each calendar quarter). Any interest accumulated on DAILYGAMESALE.COM’s bank account connected with the Donations shall be transferred to the Beneficiaries. If there are more than one Beneficiaries the interest shall be transferred to them proportionally to the Donations made by the Users.
9.5 DAILYGAMESALE.COM shall not use the donated funds in any way other than described in paragraph 9.4. The Donations are owned by the Users until they are transferred to the Beneficiary. The Donations are to be returned on the User’s demand if the claim was made within 7 days from the date of the Donation.
10. Forbidden Actions – Anti Violation Procedures (a so called notice and takedown procedure).
10.1 Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller or a Selling User is obliged to notify the Site's operator thereof (to the e-mail address: support@DAILYGAMESALE.COM or via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'DAILYGAMESALE.COM' is defined), indicating and submitting:
a) the exact location of the data;
b) the right violated;
c) circumstances and evidence proving the legal title to bring an action in terms of the violated right together with a statement under the penalty of perjury to the effect that he or she is the sole person entitled to the data found on the Site (in particular games or game codes) and that the Seller or the Selling User has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'DAILYGAMESALE.COM' is defined)
d) his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;
e) a personal data processing statement consenting to processing for the purposes of the notice and takedown procedure (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'DAILYGAMESALE.COM' is defined).
10.2 Following the receipt of a credible notification specified above, DAILYGAMESALE.COM shall immediately block access to the data indicated in the notification (in particular, it shall delete them) and – as far as possible – it will notify the Seller or the Selling User responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
10.3 The Seller or the Selling User who has received notification mentioned in section 2 above may submit its reply and evidence confirming its rights to distribute, make available etc. the data, in particular evidencing copyrights, licenses or ownership rights to the games and game codes.
10.4 The Seller or the Selling User who notified DAILYGAMESALE.COM of the violation of his or her rights shall exercise due care so that any disputes in terms of the rights to data uploaded/made available on the Site by the Seller or the Selling User were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
uploaded back to the Site without amendments;
uploaded back to the Site, amended in accordance with the changes agreed by the parties;
permanently removed from the Site.
Any agreements between the parties allowing for the data to be uploaded back to the Site shall be made in writing, signed by the authorized persons and sent as an original via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'DAILYGAMESALE.COM' is defined.
10.5 Where it is not possible to determine the Seller or the Selling User responsible for publication of third party's data, their distribution etc. on the Site or the Seller or Selling User does not submit any reply to the notification of third party's claim within 14 days from its receipt from DAILYGAMESALE.COM to the Seller's or Selling User’s e-mail address or does not submit any evidence on having rights to publish, distribute the data etc. within that period, such data will be permanently removed from the Site.
10.6 Where any notification is received from competent authorities or credible information is submitted on the illegal nature of the data available on the Site, DAILYGAMESALE.COM will immediately disable any access to such data.
10.7 DAILYGAMESALE.COM reserves the right to, at its own initiative, remove specific data from the Site or prohibit transmitting, posting or storing etc. if we find them illegal or unlawful.
10.8 DAILYGAMESALE.COM can prevent adding certain data or selling certain products on the Site if they receive reliable information that such actions are in conflict with the Terms & Conditions or statements given by the Seller or the Selling User.
11. Complaints Procedure
11.1 Both the User and the Seller have the right to file complaints connected with the services provided by DAILYGAMESALE.COM. All complaints should be sent in a written form to the address of DAILYGAMESALE.COM indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 10 days from the date of their delivery to DAILYGAMESALE.COM. Replies shall be sent to the e-mail address from which the complaint has been received or any other given by the complaining party.
11.2 If the User has complaints about the product he/she has bought, he/she may file a complaint to the Seller or the Selling user with the help of DAILYGAMESALE.COM. In such case DAILYGAMESALE.COM only helps in initiating the complaint procedure and does not resolve the complaint. This does not apply to products sold and owned by DAILYGAMESALE.COM – in this case DAILYGAMESALE.COM resolves the complaint.
11.3 Any objections connected with the complaint procedure should specify the User that files such objections, detailed description of the problem and the suggested resolution satisfactory for the User.
11.4 Every User has the right to return the product they bought provided it has not been retrieved from the Site, (or any other website where it can be retrieved). The Sellers and Selling Users accept this fact.
11.5 Products that have been retrieved from the Site (or any other website where it can be retrieved) are considered used and may not be refunded.
11.6 If for any reason the product purchased by the User cannot be used/activated it is the Users responsibility to inform DAILYGAMESALE.COM of this fact. DAILYGAMESALE.COM shall pass this information to the Seller or the Selling User from whom the product has been purchased. After that, a procedure of verification if the purchased product is unusable due to being inactive shall be started.
11.7 Because of the User’s ability to return purchased products, DAILYGAMESALE.COM has the right to withhold moneys paid for the product sold by the Seller (in compliance with the point 5.5 above) for 30 days from the date of the payment reaching DAILYGAMESALE.COM’s bank account and by the Selling User for 14 days from the date of the payment reaching DAILYGAMESALE.COM’s bank account, which the Seller and the Selling User agree to. If a product is returned the paid amount shall be returned to the User (the Seller and the Selling User agree to this). The fee for putting a product on sale via the Site and fees for payouts made by the User or the Seller (specified in the table of fees and commissions) will not be refunded.
11.8 A returned product is sent to the Seller or Selling User and can be sold again within the Service if this product is not defective.
11.9 All the support services relating to purchases/sales and payments made at the Site and to payments services, as well as the support services relating to rights and obligations of Users, Sellers and DAILYGAMESALE.COM for both the Users and the Sellers are granted by DAILYGAMESALE.COM sp. z o.o. with registered office at 26/7 Moniuszki Street, Cracow, Poland.
12.1 Both the User and DAILYGAMESALE.COM have the right to terminate the agreement. The agreement between the User and DAILYGAMESALE.COM on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.
12.2 Termination of the agreement by DAILYGAMESALE.COM is made through the deletion of User’s account or blocking User’s access to the Site. Removal of the account or blocking User’s access to the Site may be made fourteen (14) days after information is sent to the User’s e-mail address regarding the blocking or termination. In case of gross violation of the terms of these Terms and Conditions by the User, DAILYGAMESALE.COM has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.
12.3 Termination of the agreement by the User is made through removal of his account. The User my withdraw from the contract within 14 days from the date the contract was concluded unless the User has already made the offer of sell or purchase of the game code. The User may at any time electronically request removal of his account by DAILYGAMESALE.COM. DAILYGAMESALE.COM is obliged to remove the account without any delay, no later than within three (3) days from the receipt of the User’s request. After such period the agreement is terminated. DAILYGAMESALE.COM shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.
12.4 Termination of the agreement between DAILYGAMESALE.COM and the Seller can be made with a 7 day notice. The termination can be in a written form or an e-mail. In the case of extreme violations of this agreement by the Seller, DAILYGAMESALE.COM has the right to terminate the agreement with immediate effect by removal of the Seller’s account or by blocking the Seller’s access to the Service.
12.5 All transactions between the User and the Seller or between the User and the Selling User or Sellers during the period of the agreement termination by the Seller or by the Selling User (or the agreement termination by DAILYGAMESALE.COM) are valid. All payments connected with those transactions will be made during or after the termination of the agreement. The same applies to the situations when the User (or Seller) buys a product from the Seller or the Selling User and the payment wasn’t complete before the termination of the agreement.
12.6 If the termination of the agreement has been made by DAILYGAMESALE.COM the User or Seller cannot create another Account on the Site without DAILYGAMESALE.COM’s consent.
12.7 DAILYGAMESALE.COM has the right to temporarily suspend access to the User’s or Seller’s Account if it’s security is compromised in any way or if significant violations of this agreement or the law (by the User or Seller) are discovered (if DAILYGAMESALE.COM will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, DAILYGAMESALE.COM is not responsible for a temporary lack of access to the User’s or Seller’s Account, especially for the inability to sell products.
13. Final Provisions
13.2 Neither User nor the Seller may not transfer their rights, obligations or claims arising hereof to any third party without prior written consent of DAILYGAMESALE.COM. The Users and the Sellers hereby consent to and agree that DAILYGAMESALE.COM may transfer the rights and obligations arising from the agreement between DAILYGAMESALE.COM and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by DAILYGAMESALE.COM.
13.4 Any communication with the Site’s administration shall be made by e-mail to the address: support@DAILYGAMESALE.COM .
13.5 Any comments and remarks on Users or Sellers violations of these Terms and Conditions shall be notified with DAILYGAMESALE.COM to the address: support@DAILYGAMESALE.COM .
13.6 Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
13.7 Due to local laws and restrictions that may be present in the User’s jurisdiction not all features of the Site may be available and as such, some terms and conditions may not be applicable.