SELLER’S TERMS AND CONDITIONS APPLICABLE TO TRANSACTIONS EXECUTED ON THE PLATFORM

1. DEFINITIONS

1.1. The provisions described in these DEFINITIONS have the following wording:

Product means a Good and/or Digital Content respectively.

Terms and Conditions mean these terms and conditions specifying the rules for concluding and executing an Agreement between the Buyer and the Seller, including the rights and obligations of that parties and the rules of the complaint procedure. All appendices constitute an integral part of the Terms and Conditions, unless otherwise indicated.

Platform – means a marketplace that allows Seller and Buyer to connect in order to perform a sale of Products.

Buyer means a natural person with full legal capacity, a legal person or an organizational unit having legal capacity, which concludes an Agreement with the Seller.

Consumer means a Buyer residing in European Economic Area who is a natural person concluding the Agreement acting for purposes not related to trade, business, craft activities or in connection with the exercise of a freelance profession.

Agreement means the contract of sale of a Product which is concluded between the Seller and the Buyer on the Platform and is regulated by these Terms and Conditions.

Goods means a tangible movable item.

Seller means Smart Gaming who sells its own Products Buyers on the Platform.

Seller’s Store – means a dedicated Seller’s space on the Platform where all of the Seller’s offers are displayed together with the Seller’s information and contact details.

Digital Content means data which are produced and supplied in digital form, especially game activation codes, top-up cards, subscriptions.

Order means the Buyer's declaration aimed directly to the conclusion of the Agreement with the Seller on Platform, specifying inter alia the type and number of Product.

2. GENERAL PROVISIONS

2.1. These Terms and Conditions define the rules for concluding and executing Agreements between the Buyer and the Seller on the Platform, but they are without prejudice to rules included in the Platform’s terms and conditions. The sale of Products via the Platform to the Buyer is carried out by the Seller. If any provisions of these Terms and Conditions are in conflict with the provisions of Platform’s terms and conditions, then the provisions of the Platform shall prevail, and the conflicting provisions of these Terms and Conditions do not apply to the Agreement concluded between the Buyer and Seller.

2.2. The Buyer is obliged to read these Terms and Conditions and comply with their provisions in order to conclude and execute the Agreement with the Seller. These Terms and Conditions consists of the Agreement concluded between the Seller and the Buyer.

2.3. The provisions of these Terms and Conditions do not prejudice to the consumer rights attributable under generally applicable law.

2.4. The Buyer may at any time, without incurring costs, access these Terms and Conditions via an online reference (i.e. a link) on the product page where the relevant Product is listed as well as on the Seller’s Store or request the Seller to deliver them on a durable medium, including via e-mail.

2.5. The Buyer may not post on the Platform or deliver illegal content to the Seller, and use the Platform in a manner that is against the law, decency or infringing the rights of third parties protected by law.

2.6. The Buyer confirms that under the domestic laws applicable in his or her residence country of he or she is able to conclude legally binding agreement governed by these Terms and Conditions. The Buyer hereby agrees that he or she is not prohibited from purchasing Product from the Seller under any domestic regulations or other restrictions.

2.7. The Buyer acknowledges that the Seller will use the Buyer's data for the purposes of performing the Agreement, including delivering the Product to the Buyer at the address provided. The Buyer confirms that the data provided by him/her to the Seller are true, complete, reliable and not misleading.

2.8. The Buyer may communicate with the Seller via: (i) the contact forms available on the Platform, (ii) via e-mail specified on Seller’s Store or (iii) by phone if such is provided on Seller’s Store. The costs of using the said means of communication by the Buyer are borne by him/her him/herself and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.

2.9. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the Buyer's data by unauthorized persons. The main threat to every Internet user, including people using electronic services, is the possibility of "infecting" the ICT system by various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses". Therefore, the Buyer should use appropriate technical measures that will minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users.

3. ORDERS

3.1. Orders for Products presented by the Seller may be placed by the Buyer in each day by 24 hours solely on the Platform. At the time of placing the Order, the Buyer confirms that is aware of the fact the execution of the Order entails the obligation to pay for the purchased Product, and additional services, including delivery costs and payment fees (if any).

3.2. Orders may only be placed by the Buyer who has full legal capacity in accordance with the relevant regulations and is aged 18 or over.

3.3. The Buyer may purchase an additional service (for example, delivery of Products, insurance, warranty, value-added services, assembly, installation, payment) if available for purchase on the Platform. The Buyer cannot purchase an additional service without purchasing the Product.

3.4. The information about the Product placed on the Platform does not constitute a Seller’s offer to sale of the Product within the meaning of the law, but they are only an invitation to submit an offer for their purchase by the Buyer (i.e. to conclude an Agreement).

3.5. Placing an Order constitutes submission by the Buyer to the Seller of an offer to conclude an Agreement, the subject of which are the purchase of the Product, and an additional service covered by it (if any). The condition for submitting an Order by the Buyer is the payment in advance of the entire price, including additional costs, for the Products to which the Offer relates.

3.6. After placing the Order, the Seller sends the confirmation of the Order to the e-mail address provided by the Buyer using available electronical systems, including the Platform’s one (if any). Confirmation of the Order is a declaration of the Seller in scope of acceptance of the Buyer's offer covered by a specific Order and the Agreement is concluded upon its receipt by the Buyer.

3.7. In special cases, the number of Products that the Buyer intends to buy may be limited, about which the Buyer is informed each time when placing an Order on the Platform.

4. PAYMENT

4.1. The prices displayed on the Platform are gross prices expressed in the displayed currency. Where applicable other charges may apply, including delivery costs, payments fee etc. (if any). The final price that the Buyer is obliged to pay in connection with the conclusion of the Agreement, along with the costs of the additional service, shall be visible at the last point of the check-out on the Platform.

4.2. The Buyer may choose the payment methods related to the concluded Agreement as to be displayed during purchasing procedure on the Platform.

4.3. Any payments made by the Buyer due to concluded Agreement must be made during purchasing process.

4.4. Seller’s invoicing policy is specified separately on the Seller’s Store.

4.5. The Seller is solely responsible to provide the Buyer being a Consumer with the confirmation of the Agreement concluded, on a durable medium within a reasonable time after the conclusion of the Agreement as well as fulfill other legal obligations, if the respective confirmation is requested by the Buyer.

4.6. In the event the sale or delivery of any Product, the Seller is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy (if any), unless this amount of tax or levy is payable by the Buyer in accordance with applicable legislation, respective tax or levy shall be borne by the Seller and withheld from the amount of funds received by such Seller from the Buyer for the Product.

4.7. The Seller contracts with the payment service aggregation provider(s) that collect and process the payments for purchased Products from Buyer or connect the Buyer to the respective payment methods via the dedicated panel where appropriate. The Seller authorizes the charge to the Buyer automatically /partially-automatically / manually. The Buyer agrees to have his or her payment accepted/cancelled by the Seller according to the Seller’s chosen authorization of charge preference. Seller’s authorization of charge preference is also clearly indicated in the Seller’s Store.

4.8. The Buyer agrees that the payment service provider(s) is entitled to share the information on the status of payments from the Buyer for the Products with Seller and/or persons or legal entities appointed by the Seller, in particular to persons or legal entities operating and maintaining the Platform.

4.9. For avoidance of any doubt the Seller and the Buyer hereby agree that the interactions between the Seller and payment service aggregation provider(s) and/or payment service provider(s) is not covered by these Terms and Conditions and any relation of the Seller with the payment service aggregation provider(s) and/or payment service provider(s) is not governed by these Terms and Conditions and the Seller will conclude a separate agreement with payment service aggregation provider(s) and/or payment service provider(s) for services provided by the latter to the Seller (if any).

4.10. The Seller may participate in the promotional programs for Sellers if available on the Platform. If Seller has chosen to include the specific offer into the promotional program this would be reflected in the displayed offer itself.

5. DELIVERY

5.1. In case of the Physical Product, the Seller delivers it to the countries available on the product page concerning respective Physical Product published on the Platform.

5.2. In case of the Digital Content, the Seller contracts with an external partner in order to store Digital Content as well as to authorize the delivery of the Digital Content to the Buyer. The Seller authorizes the delivery of the Digital Content automatically/partially-automated/manually to the Buyer once the transaction is successful and the Buyer hereby agrees to receive the Digital Content in the manner authorized by the Seller.

5.3. The purchased Physical Product is delivered to the Buyer via the supplier to the address used by the Buyer in the Platform within the time limit set forth in respective product page regarding the sold Product. The purchased Digital Content is delivered to the Buyer by an external partner which store and deliver it to various Buyers after completion of the sale transaction as authorized by the Seller.

5.4. Seller’s delivery preference is also clearly indicated in the Seller’s Store.

5.5. The Products shall be delivered within the time limit described on the Seller’s Store or on the respective product page where the Products are presented.

5.6. For avoidance of any doubt the Seller and the Buyer hereby agree that the interactions between the Seller and external digital content storage service provider are not covered by the these Terms and Conditions and any relation of the Seller with such service provider is not governed by the these Terms and Conditions and the Seller will conclude a separate agreement with service provider for services provided by the latter to the Seller (if any).

5.7. The Buyer acknowledges that the Product may contain territorial restrictions in terms of its purchase, possession or use which are implemented by their producers or by law - information about these restrictions is always provided in the description of the Product on product page available on the Platform.

5.8. The Seller is obliged to deliver to the Buyer the Products that are the subject of the Agreement without defects.

6. LIABILITY

6.1. THE SELLER ACKNOWLEDGES, WARRANTS AND AGREES THAT THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, MAY NOT BE HELD LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR RELATING TO THE CONCLUSION AND EXECUTION OF THE AGREEMENT, AS WELL AS FOR VIOLATION OF THE RIGHTS OF THE BUYER OR INFRINGEMENT OF THIRD PARTY RIGHTS, IN PARTICULAR INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY.

6.2. THE SELLER ACKNOWLEDGES, WARRANTS AND AGREES TO INDEMNIFY AND DEFEND THE PLATFORM OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) CONCLUSION AND EXECUTION OF THE AGREEMENT; (B) THE USE OF THE PLATFORM BY THE SELLER OR THE BUYER; (C) BREACH OF THESE TERMS AND CONDITIONS; OR (D) BREACH OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER PROPRIETARY RIGHTS.

7. COMPLAINT

7.1. Any complaints related to the Product or the performance of the Agreement may be submitted by the Buyer in any form, via: (i) the contact form available on the Platform, (ii) via e-mail mentioned in Seller’s Store or (iii) by phone if such is provided on the Seller’s Store. The costs of using the said means of communication by the Buyer are borne by him/her and are calculated according to the rates of the telecommunications operator whose services the Buyer uses.

7.2. The Seller, within 14 days from the date of the request containing the complaint, will respond to the Product complaint or the complaint related to the performance of the Agreement submitted by the Buyer.

7.3. The Buyer who is a Consumer in European Union Area may use a non-judicial dispute resolve platform (ODR platform) available at http://ec.europa.eu/consumers/odr/ regarding the Agreement concluded with the Seller.

8. WITHDRAWAL FROM THE AGREEMENT BY CONSUMERS

8.1. Section 10 [WITHDRAWAL FROM THE CONTRACT BY CONSUMERS] regulates the right to withdraw from the Agreement reserved by law solely for the benefit of Consumers.

8.2. The Buyer who is a Consumer who concluded the Agreement may withdraw from it within 14 days without giving any reason. The withdrawal period will expire after these 14 days.

8.3. The period for withdrawing from the Consumer Agreement begins when:

8.3.1. The Agreement provides for the delivery of Digital Content - the date of conclusion of the Agreement;

8.3.2. The Agreement provides for the release of the Goods by the Seller - from taking the Goods into possession by the Consumer or a third party designated by him other than the carrier;

8.3.3. The Agreement covers many Goods that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, for the remaining Agreements - from the date of their conclusion

8.3.4. The Agreement provides for regular delivery of the Goods for a specified period - the day on which the Consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first of the Products.

8.4. The Consumer may withdraw from the Agreement by submitting to the Seller an unambiguous declaration of withdrawal. The declaration may be submitted on the form, the specimen of which was placed by the Seller in Annex 1 to these Terms and Conditions, but it is not obligatory.

8.5. To meet the deadline, it is enough to send a statement of withdrawal from the Agreement before its expiry, for example (i) via the contact form on the Platform, (ii) in writing to the Seller's address, (iii) by phone or (iv) by via e-mail. In the declaration of withdrawal from the Agreement, the Consumer should enter (i) name and surname, (ii) telephone number, (iii) e-mail address and (iv) postal address, if available.

8.6. The Seller immediately confirms to the Consumer the receipt of the declaration of withdrawal from the Agreement in feedback to the Buyer, on a durable medium, including via e-mail.

8.7. In order to meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send information regarding the exercise of the right to withdraw from the Agreement before the deadline to withdraw from the Agreement.

8.8. In the event of withdrawal from the Agreement, it is considered invalid. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return all payments made by him, including the cost of delivery of the Product to the Consumer.

8.9. The Seller may withhold the reimbursement of payments received from the Consumer until the Product is received back or the Buyer provides proof of the Product's return, whichever occurs first.

8.10. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him; in any case, the Consumer will not incur any fees in connection with this return.

8.11. If the Consumer exercising the right of withdrawal chosen a method of delivering the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by him.

8.12. The Consumer is obliged to return the Product to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Agreement. To meet the deadline, it is enough to return the Product to the Seller's address before the deadline.

8.13. In the event of withdrawal, the Buyer who is a Consumer bears only the direct costs of returning the Product.

8.14. If, due to its nature, the Product cannot normally be returned by post, the Seller informs the Consumer about the costs of returning the item (i) via the contact form on the Platform, (ii) in writing to the Consumer's address.

8.15. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.16. By placing an order for Digital Content, the Consumer agrees to the Seller's performance before the expiry of the period authorizing the Consumer to withdraw from the Agreement. In the above case, the Consumer is not entitled to withdraw from the Agreement.

8.17. The right to withdraw from the Agreement is not granted to the Buyer who is a Consumer in relation to Agreements in which the subject is:

8.17.1. the provision of services under which the service has been fully performed, if the performance has begun with the express prior consent of the Consumer, and after he acknowledges that he will lose his right to withdraw from the Agreement upon full performance of the contract by the Seller;

8.17.2. delivery of Goods manufactured according to the Consumer's specification or clearly personalized;

8.17.3. delivering Goods that deteriorate quickly or have a short shelf life;

8.17.4. delivery of sealed Goods that are not suitable for return due to health protection or hygiene reasons and whose packaging has been opened after delivery;

8.17.5. delivery of Goods which, after delivery, due to their nature, are inseparably connected with other items;

8.17.6. providing sealed audio or sealed visual recordings or sealed computer software, the packaging of which has been opened after delivery;

8.17.7. the supply of newspapers, periodicals or magazines with the exception of subscription contracts for such publications;

8.17.8. delivery of Digital Content that is not delivered on a durable medium, if the performance of the service began with the prior express consent of the Consumer and after acknowledging the loss of his right to withdraw from the contract.

9. MISCELLANEOUS

9.1. These Terms and Conditions may be changed by the Seller for important reasons, in particular, such as a change in the scope of business activities conducted by the Seller or the Seller's commercial offer, the need to adapt the provisions of the Terms and Conditions to the provisions of applicable law, the need to ensure the proper functioning of the Platform, the need to ensure security for users of the Platform, In this case, the Seller will inform the Buyer about the type and nature of the changes by sending him a list of changes and a revised version of the Terms and Conditions to his e-mail address, no later than 15 days before the planned changes are introduced. Amendments to the Terms and Conditions do not apply to Agreements concluded before the entry into force of the amended Terms and Conditions, unless applicable law provides otherwise.

9.2. These Terms and Conditions are concluded between the Seller and the Buyer directly without any person or legal entity being the intermediary or third party to these Terms and Conditions.