Reduced Selling Fees Deals

1.1. Capitalised terms used in these Terms shall have the meanings ascribed to them below. Terms not defined herein shall have the meanings given to them in the general Terms of Service of the Platform.

1.1.1. Affiliate means a corporation, partnership, or other entity that is controlling G2A.COM, is controlled by G2A.COM, and/or is under common control with G2A.COM. For purposes of this definition, “control” means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity (or, in the case of a non-corporate entity, equivalent rights).

1.1.2. Buyer means any natural and/or legal person buying an Item from a Seller offered at a Seller Store.

1.1.3. Base Price means the price of an Item as listed by the Seller, including tax rate set by the Seller, from which commissions described in G2A Terms and Conditions are deducted and to which they are included.

1.1.4. G2A Terms and Conditions means the master terms and condition applied to the Platform available at Terms and Conditions – G2A.COM.

1.1.5. G2A.COM – means one (1) of the following companies that provide the Services according to these Terms and Conditions:

(a) G2A.COM Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, business registration number 63264201; or

(b) G2A LLC with its registered office in Carson City, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA, entered into Nevada Registry Companies under no. E0627762014-7; or

(c) GATE READY Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, business registration number 76175940.

1.1.6. Item – means an instrument in electronic form, especially game activation code, gift card, and other types of vouchers as well as accounts and activation vouchers for in-game items, offered by a Seller within his Seller Store and which entitles the holder of such instrument to receive the Product outside the Platform, AND is listed on the Promotion List.

1.1.7. Platform means the online marketplace operated by G2A.COM under the domain g2a.com, by means of which Sellers offer Items to third-party buyers.

1.1.8. Products – mean goods and/or services to be supplied, and/or provided to the Item holder outside the Platform by a third party unrelated to G2A.COM.

1.1.9. Promotion List means the list of Items and corresponding Maximum Base Prices published by G2A.COM.

1.1.10. Promotion Period means the period of time, indicated on the Promotion List or otherwise published by G2A.COM, during which a given Maximum Base Price is in force and the Reduced Fee Rate may be applied.

1.1.11. Reduced Fee Rate means the lower commission rate (item category fee) published by G2A.COM for the Promotion, applicable to Qualifying Transactions.

1.1.12. Seller – means an entrepreneur, operating in any form, including sole proprietorship, corporation, partnership, or other entity, who operates a Seller Store.

1.1.13. Standard Fee Rate means the item category fee applicable to the relevant Item category under the G2A Terms and Conditions.

1.1.14. Transaction – means a sale transaction executed between the Buyer and the Seller via the Seller Store under which the Buyer purchases an Item from the Seller.

1.1.15. Maximum Base Price means, in respect of each Item on the Promotion List, the maximum base (gross or net, as specified on the list) price expressed in EUR which the Seller may, but is in no way obliged to, set as the base price of its Offer in order to qualify that Offer for the Reduced Fee Rate. The Maximum Base Price is solely a threshold below which G2A.COM’s own commission rate is automatically reduced; it is not a recommended, fixed, minimum or target resale price.

1.1.16. Qualifying Transaction means a sale concluded through the Platform during the Promotion Period in respect of an Item whose offer met the Eligibility Conditions.

1.1.17. Offer means an Item listing by the Seller on its Seller Store on the Platform.

1.1.18. User means the Seller, the Buyer and/or any third party uses the Platform.

2.2. The Seller retains full and unrestricted commercial freedom to: (a) set the Base Price of any Offer at any level, including above, equal to or below the Maximum Base Price; (b) modify the Base Price at any time; (c) participate or refrain from participating in the Promotion in respect of any individual Item, without any consequences other than those expressly set out in these Terms.

2.3. G2A.COM does not fix, recommend, suggest, monitor for enforcement purposes, or otherwise set or influence the resale prices set by Sellers. The Maximum Base Price is exclusively a threshold for the purpose of calculating G2A.COM’s own commission and does not constitute a recommended retail price, a target price, a minimum resale price, a maximum resale price binding on the Seller, or any form of price recommendation issued by G2A.COM to the Seller.

2.4. Depending on the Buyer’s residence, headquarters, or place of habitual residence, the Seller shall enter into these Terms with one of the following companies:

2.4.1. G2A LLC – in the case the Buyer has a residence, headquarters, or place of habitual residence in any of the following countries (territories): Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom; or

2.4.2. GATE READY Limited – in case the Buyer has a residence, headquarters, or place of habitual residence in the United States of America; or

2.4.3. G2A.COM Limited – in the case the Buyer has a residence, headquarters, or place of habitual residence in other countries (territories) than set forth in sections 2.4.1 – 2.4.2 above.

3.2. The Promotion List specifies, for each Item covered by the Promotion, at minimum:

3.2.1. the identification of the Item (e.g. internal Platform identifier or item name);

3.2.2. the Maximum Base Price expressed in EUR (with an indication whether the amount is gross or net of VAT/GST as set by the Seller);

3.2.3. the Reduced Fee Rate applicable to Qualifying Transactions;

3.2.4. the Promotion Period during which the Maximum Base Price and the Reduced Fee Rate apply;

3.2.5. if applicable, the marketplaces, geographies or currencies in respect of which the Promotion is offered.

3.3. G2A.COM may amend, supplement or withdraw any item from the Promotion List at any time, subject to Section 8. Any such amendment shall take effect prospectively and shall not affect Qualifying Transactions concluded prior to the effective date of the amendment.

4.1.1. the Item is listed on the Promotion List in force at that moment;

4.1.2. the Promotion Period applicable to the Item has commenced and has not yet expired;

4.1.3. the Base Price of the Offer is equal to or lower than the Maximum Base Price published for that Item on the Promotion List;

4.1.4. the Seller is at the relevant time in compliance with the G2A Terms and Conditions and is not suspended, restricted or otherwise prevented from selling on the Platform;

4.1.5. the sale is not excluded from the Promotion under Section 5 below.

4.2. Compliance with the Eligibility Conditions is verified automatically by the Platform on a per-transaction basis. There is no separate enrolment, registration, notification or application procedure. The Seller participates in the Promotion solely by virtue of setting the Base Price of its Offer at or below the Maximum Base Price during the Promotion Period.

4.3. Where the Eligibility Conditions are satisfied, the Reduced Fee Rate shall be applied automatically by the Platform’s billing system in place of the Standard Commission Rate when calculating the Item category fee for the relevant Qualifying Transaction. No further action of the Seller is required.

4.4. Where any of the Eligibility Conditions is not satisfied at the moment of conclusion of the sale, the Standard Commission Rate shall apply. In particular, no retroactive adjustment, refund or top-up of commissions shall be made if the Seller subsequently changes the Base Price of the Offer, or if the Promotion List is amended or withdrawn after the conclusion of the sale.

4.5. All other fees, charges and amounts due from the Seller to G2A.COM under the G2A Terms and Conditions (including, without limitation, payment processing fees, advertising fees, fulfilment fees, subscription fees and taxes) remain unaffected by the Promotion and shall continue to be charged in accordance with the G2A Terms and Conditions.

4.6. For the avoidance of doubt, the Reduced Fee Rate does not constitute a discount, rebate or refund granted by G2A.COM to the Seller. The benefit consists exclusively in the reduction of G2A.COM’s own commission entitlement.

5.1.1. Transactions in which the Base Price has been artificially or manipulatively configured (including by means of synthetic, sham or wash transactions, transactions concluded with persons related to the Seller for the purpose of obtaining the Reduced Fee Rate, or any form of fraudulent activity);

5.1.2. Offers whose Base Price has been modified after the conclusion of the sale, with the effect of retroactively meeting the Maximum Base Price (the Base Price prevailing at the moment of conclusion of the sale shall always govern);

5.1.3. Items withdrawn from the Promotion List prior to the conclusion of the sale, regardless of any historical Maximum Base Price;

5.1.4. Transactions cancelled, refunded or reversed for reasons other than ordinary buyer’s right of withdrawal applicable under the G2A Terms and Conditions — in which case the fee shall be adjusted in accordance with the G2A Terms and Conditions;

5.1.5. Transactions excluded under any mandatory rule of applicable law (in particular, Transactions in respect of which a sectoral fixed or minimum price regime applies).

5.2. G2A.COM may, on a case-by-case basis and on the basis of objective evidence, retroactively reverse the application of the Reduced Fee Rate and re-bill the difference up to the Standard Commission Rate if it determines, acting reasonably, that any of the circumstances set out in Section 5.1 occurred. Any such reversal shall be communicated to the Seller via email or the Seller dashboard, with a brief statement of reasons, and shall be subject to the complaint procedure set out in Section 7.

7.2. The complaint shall identify the relevant Offer(s), Item(s), order(s) and reasons for the complaint, and shall be accompanied by any evidence reasonably necessary to assess the complaint.

7.3. G2A.COM shall examine the complaint within fourteen (14) business days from its receipt and shall inform the Seller of the outcome.

7.4. Where the complaint is found to be justified, G2A.COM shall make the appropriate correction in the next billing cycle (by way of a corrective invoice or credit note).

8.2. G2A.COM reserves the right to make any changes and modifications to these Terms, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular:

8.2.1. changes in generally applicable regulations, if as a result of this change, G2A.COM is legally obliged to change these Terms and Conditions;

8.2.2. a court judgment or an administrative decision, if the Terms contain provisions similar to those reviewed by a court or authority, which require changes to these Terms due to the content of the judgment or decision;

8.2.3. recommendations issued by the supervisory body over the activities of G2A.COM or offices or courts’ interpretation of regulations, if they concern the matter covered by these Terms and as a result of their issuance there will be a need to amend these Terms, the purpose of which is to adapt the content of these Terms to the issued recommendation or official or court interpretation regulations;

8.2.4. in order to ensure the proper functioning of the Platform;

8.2.5. in order to introduce new products or services offered by G2A.COM;

8.2.6. in order to modify and/or add the functionality of products, services, or service delivery methods due to technological requirements;

8.2.7. in order to ensure the safety and security of Users;

8.2.8. in order to prevent abuse or crime by Users;

8.2.9. the need to correct obvious mistakes or typographical errors or to fill gaps or inaccuracies in these Terms (which changes in these Terms will not affect the rights and obligations of the User);

8.2.10. changes in the G2A.COM’s offer regarding the scope the Promotion, the process of establishing relations with G2A.COM or concluding product agreements;

8.2.11. changes in the marketing names of products and services (which changes in these Terms, however, will not affect the rights and obligations of the User);

8.2.12. changes in the names of titles, subtitles, and chapters (which changes in the Terms, however, will not affect the rights and obligations of the User);

8.2.13. withdrawal of products or services from the offer (which changes in the Terms, however, will not affect the rights and obligations of the User).

8.3. Amendments shall take effect prospectively and shall not affect Qualifying Transactions concluded prior to the effective date of the amendment, which shall be settled on the basis of the conditions in force at the moment of conclusion of the relevant sale.

9.1.1. The terms set out in this entire Section 9 shall apply to the fullest extent permitted by law. If the law applicable to the User prevents and/or excludes the application of disclaimer, limitations, and/or exclusions of liability, indemnities, or other legal institutions with a similar purpose or effect, as described in this entire Section 9, then they do not apply to the legal relationship between G2A.COM and that User.

9.1.2. ALL PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION CONCERNING THE CLAIMS.

9.1.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES ANY RIGHT IT MAY HAVE A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

9.2. DISCLAIMER

9.2.1. G2A.COM AND ITS AFFILIATES PROVIDE THE PROMOTION AND THE PLATFORM “AS IS”, AND “IF AVAILABLE”. G2A.COM AND ITS AFFILIATES DO NOT PROVIDE ANY WARRANTY OF ANY KIND THAT THE PROMOTION AND THE PLATFORM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR OR THAT ANY SOFTWARE PROVIDED HEREUNDER WILL OPERATE WITHOUT ERROR. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, EXPRESS AND IMPLIED WARRANTIES AND STATUTORY GUARANTEES WITH RESPECT TO ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE PROMOTION AND THE PLATFORM, INCLUDING AS RELATED TO AVAILABILITY, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

9.2.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, G2A.COM AND ITS AFFILIATES HEREBY EXPRESSLY DECLINE ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, FUNCTIONING, RELIABILITY, MERCHANTABILITY, OR SUITABILITY FOR ANY SPECIFIC PURPOSE OF THE ITEMS SOLD BY THE SELLERS.

9.2.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, G2A.COM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE AND LIABLE IN RELATION TO:

(a) ANY DAMAGES RESULTING FROM THE USE OF THE PLATFORM, ACCESSING IT, OR THE INABILITY TO USE THE PLATFORM BY THE USER DUE TO REASONS BEYOND G2A.COM CONTROL;

(b) ANY DAMAGES RELATED TO VIRUSES, TROJAN HORSES ETC. WHICH MAY BE TRANSFERRED TO THE PLATFORM OR THROUGH THE PLATFORM BY THIRD PARTIES;

(c) 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 THEIR PASSWORD AVAILABLE TO A THIRD PARTY;

(d) ANY ACTIONS TAKEN BY G2A.COM IN RELATION TO THE USER LINKED TO ANY INFRINGEMENT OF THE APPLICABLE LAW AND/OR THESE TERMS BY THE USER, PARTICULARLY SUCH AS ACCOUNT RESTRICTION, SUSPENSION, OR BLOCK ACCESS TO THE PLATFORM, INCLUDING ACCOUNT;

(e) ANY HARM, DAMAGES, CLAIMS, COMPENSATION, NON-PECUNIARY DAMAGES, PHYSICAL AND LEGAL DEFECTS OF ITEMS SOLD THROUGH THE SELLER STORE BY SELLERS;

(f) PAYMENT OF ANY TAXES, CHARGES, OR ANY SIMILAR FEES RELATED TO THE OPERATIONS OF THE SELLER STORE THAT SHALL BE EXECUTED BY THE SELLER;

9.3. LIMITATIONS ON LIABILITY

(a) INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS OR THE PROMOTION DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THEIR POSSIBILITY.

(b) GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTAL AGGREGATE LIABILITY OF G2A.COM AND ITS AFFILIATES TO THE USER ARISING OUT OF OR IN CONNECTION WITH AGREEMENT REGULATED BY THESE TERMS AND CONDITIONS DURING AND AFTER THE TERM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR ONE AND ALL LIABILITY EVENTS, FOR LOSSES, DAMAGES, OR COSTS EXCEEDING $2000 (TWO THOUSAND AMERICAN DOLLARS).

(c) To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to the participation in the Promotion or these Terms must be filed by the User within one (1) year after such claim or cause of action arose or became due. Any claim not filed within the foregoing one (1) year period shall be waived, time barred and extinguished; provided, however, that this limitation shall not apply to claims or causes of action related to damages resulting from injury to life, body, or health, death, or from grossly negligent or intentional misconduct.

10.1.1. Hong Kong without giving effect to its conflict of law principles – in case when the User executes these Terms and Conditions with G2A.COM Limited, or GATE READY Limited, or

10.1.2. USA, State of Nevada, without giving effect to its conflict of law principles – in the case when the User executes these Terms and Conditions with G2A LLC.

10.2. Any dispute related to these Terms and Conditions is exclusively subject to the jurisdiction of courts in:

10.2.1. Hong Kong, without giving effect to its conflict of law principles – in case when the User executes these Terms and Conditions with G2A.COM Limited, or GATE READY Limited; or

10.2.2. USA, State of Nevada, without giving effect to its conflict of law principles – in the case when the User executes these Terms and Conditions with G2A LLC.

11.2. These Terms shall be read together with the G2A Terms and Conditions. In the event of any conflict between these Terms and the G2A Terms and Conditions in respect of the Promotion, these Terms shall prevail.