MEGALON eConcepts GmbH General Terms & Conditions

 

§ 1 Trading platform

(1)

MEGALON eConcepts GmbH, entered in the commercial register of the Hamburg district court under HRB 109845 – address: Astraturm, Zirkusweg 2, 20359 Hamburg, tel.: +49 40 7344355-40, fax: +49 40 7344355-49 – VAT ID no. DE265791424, represented by general manager Albert Hild (hereinafter: 'eConcepts'), provides a trading platform on the website www.digiarms.com. This platform allows natural and legal persons and partnerships (hereinafter "users") to offer digital goods (hereinafter "items"; hereinafter "sellers" in such capacity) and purchase such (hereinafter "buyers" in such capacity), such offers, purchases and publishing being subject to compliance with statutory provisions and these General Terms & Conditions. eConcepts itself does not offer any items itself and is not a party to any contracts concluded on this trading platform, which are exclusively between users.

(2)

eConcepts conducts a limited review of the data archived upon registration, since the ability to verify the identity of persons via internet is only possible to a certain extent. It thus cannot be excluded, despite various security precautions being in place, that false contact data for an eConcepts account have been archived, or that such data may change in time without being updated.

(3)

eConcepts may stipulate certain conditions concerning the scope in which users are authorized to use the trading platform as seller and/or buyer, such as verification of the registration data, duration of usage, account type (consumer/business), evaluation profile status (including detailed seller ratings), payment history and having certain documentation on file (such as ID or purchasing, payment, or ownership documentation).

 

§ 2 Registering with eConcepts

(1)

Users must register in order to utilize the trading platform as buyer or seller. Registration is performed by opening an eConcepts account, agreeing to these eConcepts General Terms & Conditions and accepting the eConcepts Privacy Policy. Upon registration, a contract is entered into between eConcepts and the user governing use of the trading platform (hereinafter: "usage contract"). No entitlement exists to conclude a usage contract. These General Terms & Conditions shall exclusively govern the content of a usage contract. Any differing terms and conditions of users are not accepted unless eConcepts agrees to be bound to such in writing.

(2)

Registering to use the trading platform involves the following steps:

1. Open the trading platform

2. Click on the "Register" link

3. Enter personal data including actual name, desired DigiArms account name, Steam account and e-mail address

4. Submit form

5. The user clicks on the confirmation link sent via e-mail

6. The registration process is completed

eConcepts reserves the right to request additional data and information for the data entry step per point 3.

(3)

Registration is only open to legal persons, partnerships and natural persons of unlimited contracting capability. Minors are specifically barred from using the trading platform. Written parental consent must be submitted for use by minors.

(4)

The data requested by eConcepts during registration must be complete and accurate. Users of the trading platform in a business capacity or as an independent contractor are required to open an eConcepts business account, providing the supplemental information required by law. A legal person or partnership may only be registered by a named natural person authorized to represent the former. 

A separate link is provided for business users in registration which, if clicked on, opens a separate contact form especially for business users. eConcepts reviews such registrations manually, approving these for a business account on individually agreed contract terms. 

Exclusively individual persons may register as eConcepts account holder (i.e. no married couples, families etc.).

The user is obligated to update his/her eConcepts account registration data without delay if and when such data changes.

 

§ 3 Contract conclusion between seller and buyer

(1)

Registered users are able to log on to the trading platform. 

(A) The following applies for sellers:

Sellers may click on the "Offer"/"Sell" button to access their inventory and select a digital item. The next step is to specify the desired variables such as offer price and whether the sale is on a fixed-price or auction basis. Upon clicking "Confirm" the offer appears on the platform; the virtual item is from that point in the "custody" of DigiArms. By placing an item on the trading platform, the seller makes a binding offer to conclude a contract for that item. The seller sets a starting price or fixed price and a deadline for offer acceptance (offer period).

(b) The following applies for buyers:

When a prospective buyer identifies a suitable offer on the trading platform and decides to purchase or participate in the auction, he/she clicks on the button "Buy/Bid". The user must then log in if he/she has already opened an account or else open one first. 

For fixed-price items, the buyer accepts the offer by clicking on the "Buy" button and then providing confirmation. 

For auctions, the buyer accepts the offer by submitting a bid and then clicking the "Bid" button. Acceptance is contingent upon the buyer being the highest bidder at the end of the offer period. A bid is invalidated when another buyer places a higher bid during the offer period.

If at the end of the offer period, the buyer is the highest bidder, a contract is concluded between buyer and seller.

A confirmation page then appears, giving the complete purchase details, before a direct payment procedure opens. 

Immediately after a buyer has accepted an offer, he/she is forwarded to a payment gateway with credit card, PayPal and direct bank account debiting as available payment options. The payment gateway including the payment services are provided by the licensed Financial Institution Paymentworld Europe Limited (http://www.mfsa.com.mt/pages/lh.aspx?id=10830). The buyer must have a credit balance on his/her virtual account in order to trigger payment. This requires first depositing funds via the above-mentioned payment options. 

(2)

Seller and buyer receive a confirmation e-mail outlining this process. Once the purchase price has been credited, i.e. the eConcepts payment partner has sent confirmation of successful completion of the payment transaction, the virtual item is transferred to the account specified by the buyer, who then has disposal over it. 

(3)

The seller may choose whether to receive a direct payout of the sale proceeds less eConcepts fees per § 5 or leave the balance on his/her trading platform account.

eConcepts has instructed and authorized the licensed Financial Institution Paymentworld Europe Limited (http://www.mfsa.com.mt/pages/lh.aspx?id=10830) to handle the payments and to hold the funds on behalf of eConcepts until the seller decides to payout the sale proceeds.

Business sellers must provide the buyer an invoice stating the purchase price and the seller's VAT ID number. eConcepts provides sellers an invoice form for this purpose. eConcepts assumes no liability for compliance with this requirement.

(4)

The purchase contract exists solely between seller and buyer; eConcepts acts exclusively as agent regarding the purchase contract.

(5)

The buyer has no right of cancellation. Items traded via eConcepts are digital goods which due to their nature are not suitable for returns within the meaning of § 312d paragraph 4, no. 1, 3rd alternative, German Commercial Code (BGB), thus there is no right of cancellation.

 

§ 4 Fees

(1)

eConcepts charges sellers fees for offering items. When an item is sold, the seller owes eConcepts a sales commission. The amount of the individual fees and of the sales commission is determined applying the respective latest updated fee schedule, which is shown/linked on the respective sale page when listing the item.

(2)

eConcepts may implement changes affecting fees and/or sales commissions at any time. Users will be notified of pricing changes in advance.

(3)

eConcepts generates an invoice for fees and sends this to the seller.

 

§ 5 Limitations of liability

In accordance with statutory provisions, eConcepts assumes liability for actions of willful intent and gross negligence on the part of eConcepts and the company's statutory representatives, executives and other vicarious agents. The same applies regarding the assumption of guarantees, any other strict liability, claims under the Product Liability Act and claims connected with loss of life and bodily injury/harm where the company is at fault. eConcepts is fundamentally liable for slightly negligent breach of primary contract obligations on the part of eConcepts or the company's representatives, executives and ordinary vicarious agents. Primary contract obligations are such which users may regularly depend on being fulfilled as part of proper contract execution; related damages payable shall be limited however to the typically occurring, foreseeable amount.

Any further liability on the part of eConcepts is excluded.

To the extent eConcepts' liability is excluded or limited, that limitation shall apply as well to the personal liability of the company's statutory representatives, executives and ordinary vicarious agents.

 

§ 6 Indemnification

The user shall indemnify eConcepts for and from all claims asserted by other users or third parties against eConcepts for infringement of their rights by users placing items or other content on the trading platform, or through other use of the services offered by eConcepts. The user shall bear expenses accruing to eConcepts for legal defense, including all court costs and attorney fees at the statutory rates. The foregoing shall not apply if the user is not at fault for the infringement. The user is obligated to provide eConcepts all information necessary to evaluate a claim and conduct defense as applicable without delay; such information must be both correct and complete.

 

§ 7 Final provisions

(1)

Should individual provisions of these eConcepts General Terms & Conditions be or become fully or partially void or invalid, the validity of the remaining provisions shall not be thereby affected. Statutory provisions shall replace any excluded or invalid provisions of these eConcepts General Terms & Conditions. In the event statutory law cannot be applied in a given case (contract loophole), or if its application would lead to an unfair result, the parties shall negotiate implementation of a valid provision replacing the excluded or invalid provision which fulfills the original economic intent as closely as possible.

(2)

The law of the Federal Republic of Germany shall govern this usage agreement and the eConcepts General Terms & Conditions. The UN CISG convention on contracts for the international sale of goods (CISG) is excluded.

The contract language is German. Users may alternatively select English as the contract language.

(3)

For users which represent a business under German Commercial Code or are a public-law fund or public-law legal person, the exclusive place of jurisdiction for any disputes arising from the usage agreement and these eConcepts General Terms & Conditions shall be Hamburg.

For users who are consumers, the place of the user's residence is a place of jurisdiction. 

Hamburg is an additional place of jurisdiction for consumers residing in Germany for disputes arising from this usage agreement and these eConcepts General Terms & Conditions. 

Additional Terms and Conditions; EULAs

When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, responsibility over your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website. 

With respect to customers making purchases through G2A Pay services provider checkout, (i) the Privacy Policy of G2A Pay services provider shall apply to all payments and should be reviewed before making any purchase, and (ii) the G2A Pay services provider Refund Policy shall apply to all payments unless notice is expressly provided by the relevant supplier to buyers in advance. In addition the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or "EULAs") that may include additional terms set by the product supplier rather than by Us or G2A Pay services provider. You will be bound by any EULA that you agree to.

We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for  warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.

You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.

For customer service inquiries or disputes, You may contact us by email at  [email protected].

Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected].

 

Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.