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Terms & Conditions

This document defines the legal (contractual) relations between the User and BATTLEKEYS.COM, defines the legal (contractual) relations between the Seller and BATTLEKEYS.COM as well as defines legal relations between the User and the Seller.

Definitions

BATTLEKEYS.COM – the company BATTLEKEYS LIMITED with its registered office at Suite 8138, 17b Farnham Street, Parnell, Auckland, 1052, New Zealand incorporated under the number 6276528 is a party to the agreement in accordance with further provisions of this Terms and Conditions.

Site – a group of affiliated websites made available on the Internet from the address: https://battlekeys.com.

User – any person using any of the Site’s functionalities and/or who has registered on the Site.

Buyer – same as User.

Seller:

a natural person, who is not an entrepreneur, selling via the Site and being the owner of game-keys in the digital form.
an entrepreneur operating in any form who sells its goods or services, especially game-codes in digital form to Users via the Site.

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 BATTLEKEYS.COM, constituting terms and conditions for the provision of services via electronic means.

Privacy Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by BATTLEKEYS.COM.

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 BATTLEKEYS.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 Seller, whereas all provisions concerning the Seller apply only to the Seller. The User may (but does not have to) possess the status of the Seller at the same time. Every Seller possesses the status of the User at the same time.

Applicability and Acceptance of the Terms and Conditions
1. The User and the Seller hereby agree to and accept these Terms and Conditions and the Privacy Policy as a whole and without reservations.
2. Members unable to conclude a legally binding agreement with BATTLEKEYS.COM, 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 BATTLEKEYS.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.
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 BATTLEKEYS.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 BATTLEKEYS.COM and the Users through the Site aimed at sales of products and services to the Users.
4. BATTLEKEYS.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 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.
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.
6. Users or Sellers may conclude with BATTLEKEYS.COM, via the Internet or otherwise, a separate agreement related to certain rights and obligations between them and BATTLEKEYS.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.
7. When using any services or sending e-mails to BATTLEKEYS,COM, the User and the Seller communicate with BATTLEKEYS.COM electronically. BATTLEKEYS.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 BATTLEKEYS.COM electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
8. As part of the Site – within the scope of agreements concluded between the Seller and the User – BATTLEKEYS.COM provides exclusively so called regular transfer, caching and hosting services (specified below). To such extent, BATTLEKEYS.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.
  1. BATTLEKEYS.COM enables transmission of data transferred by one recipient (User or Seller) and ensures access to the telecommunication network, except that BATTLEKEYS.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 BATTLEKEYS.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.
  2. BATTLEKEYS.COM enables data transmission and automatic and short-lasting, indirect storage of data aimed at making their further access more rapid, except that BATTLEKEYS.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.
  3. BATTLEKEYS.COM makes available computerized system’s resources aimed at storage of data by Users and Sellers.
9. BATTLEKEYS.COM provides the Users and Sellers with a digital trading platform to exchange information on products and services. In addition, BATTLEKEYS.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 as well as between Sellers. BATTLEKEYS.COM is neither a party to the agreement between the User and the Seller, nor between Sellers - it merely provides specific assistance and administration services to the Sellers and the Users.
10. Notwithstanding the provision above, BATTLEKEYS.COM also sells its own products and services through the Site.
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.
12. For the correct performance of some of the Site’s functionalities it may be necessary for the User or the Seller to be able to enable Java, Java Script, Flash support etc.
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 BATTLEKEYS.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.
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.
Service Fees
1. Joining BATTLEKEYS.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 BATTLEKEYS.COM. The amount charged is listed on the payment selection page. BATTLEKEYS.COM shall collect its commission from each sale price of a given product specified by the Seller. The commission may vary depending on the payment provider used to finalize the transaction. BATTLEKEYS.COM also charges a fee for payouts done by Sellers. This is mainly caused by the need to cover the bank or payment provider fees that BATTLEKEYS.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. The added fee shall be visible after the User (or Seller making the purchase) selects the payment method used to finalize the transaction. BATTLEKEYS.COM collects its commission or other possible fees (if such are due) from the amount of such a price. The fees and commissions are specified in the “Commission and Fees” page of the Site.
2. 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. BATTLEKEYS.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.
3. All fees are denominated in EUR, USD or GBP, 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, BATTLEKEYS.COM reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.
4. The User and the Seller should sign in to access and use the Site and all its functionalities.
5. 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. BATTLEKEYS.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.
6. The Users may make payments within the payment solutions available on the Site, such as PayPal, Skrill and other. All the payment solutions are described within the Site.
7. 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, BATTLEKEYS.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 BATTLEKEYS.COM fault, the User shall inform BATTLEKEYS.COM thereof by sending an e-mail to the address: support@battlekeys.com
8. The User and the Seller give their consent to BATTLEKEYS.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 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.
9. 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.
10. 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 BATTLEKEYS.COM. Such an invoice shall be sent to the User’s email address.
11. 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.
Users’ accounts
1. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration the User is prompted to supply his or her current email address, username, password and other information as well as to accept the Terms and Conditions and Privacy Policy. After subscription to the Site, BATTLEKEYS.COM will open an account. The User who wants to sell his/her products or services via the Site (becoming the status of the Seller) is obliged to provide in the registration process (or later when completing the account data) the following data: name, surname, address of residence, phone number, site url, skype, bank account number, VAT identification number. Each User shall tick if his/hers place of residence (headquarter or place of habitual residence) is on the territory of the European Union or on the territory of any other country. The Users take note and accept that BATTLEKEYS.COM is in possession of tolls to detect the localization of computer network device (and the connection) as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence (headquarter or place of habitual residence) on the territory of the European Union or outside the European Union indicted by the User in the course of registration process and the results of verification made by BATTLEKEYS.COM, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, BATTLEKEYS.COM shall be entitled to refuse to set-up the Account. Notwithstanding the foregoing the User also agrees on the aforesaid localization verification after the registration within the Site and undertakes to provide BATTLEKEYS.COM with all information in this respect.
2. BATTLEKEYS.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, BATTLEKEYS.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 BATTLEKEYS.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. BATTLEKEYS.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.
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.
4. Registration on the Site by the User and/or the Seller is equivalent to the User and/or the Seller having read, understood and accepted the Terms and Conditions in full, including the Privacy Policy, and has consented to the processing by BATTLEKEYS.COM, now and in the future, of personal data transferred to him during the Site registration process – aimed at fulfillment of the services available on the Site by BATTLEKEYS.COM, as well as for accounting purposes, aimed at contacting the Users and the Sellers by BATTLEKEYS.COM. Notwithstanding the above the User who has not registered on the Site is also regarded as having accepted the Terms and Conditions and the Privacy Policy at the moment he or she chooses to use any of the functionalities of the Site.
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.
6. The account is made available to the User by BATTLEKEYS.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.
7. In case of any violation of these Terms and Conditions and the law in force by the User, BATTLEKEYS.COM reserves its right and possibility to block the User’s account.
8. Within the scope permitted by law, BATTLEKEYS.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, BATTLEKEYS.COM hereby commits to deal with them as soon as possible.
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 BATTLEKEYS.COM, Sellers or other Users. The User is obliged to protect BATTLEKEYS.COM and our partners against losses and damage caused by the use of their account by third parties.
10. Accounts are also created for the Sellers. In order to set up his/her account, the User is obliged to register by filling in the registration form available on the Site. During registration the Seller is obliged to provide, first and foremost: name, surname, the company name and registered office, the form of activity, valid email address, data of a contact person, phone number, VAT identification number as well as to accept these Terms and Conditions as Privacy Policy.
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.
12. In case of any violation of these Terms and Conditions and the law in force, etc. by the Seller, BATTLEKEYS.COM reserves its right and possibility to block the Seller’s account.
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. BATTLEKEYS.COM may request from the Seller a list of persons entitled to use the account, which the Seller shall deliver within 7 days.
14. To the extent permitted by law, BATTLEKEYS.COM assumes no responsibility against the Users and the Sellers, should they violate the provision specified 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.
15. The account of the Seller may be blocked if it is noticed that the products put on sale by the Seller are faulty or had already been used.
General Terms and Conditions of Use
1. Subject to your compliance with the Terms and Conditions and your payment of any applicable fees, BATTLEKEYS.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 BATTLEKEYS.COM (or the Sellers).
2. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by BATTLEKEYS.COM or its owners, licensors, suppliers, publishers or other authorized persons.
3. You may not misuse the BATTLEKEYS.COM services. You may use the BATTLEKEYS.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. 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 BATTLEKEYS.COM. 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 BATTLEKEYS.COM. Any trademarks, marks and trade names constitute BATTLEKEYS.COM property. Without explicit consent of BATTLEKEYS.COM, 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 BATTLEKEYS.COM. 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.
5. In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information policy of the Site concerning personal data uploaded through the Site and on the partnership websites of BATTLEKEYS.COM. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Policy.
6. BATTLEKEYS.COM may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy Policy and Terms and Conditions before starting to use such sites. The User is informed that BATTLEKEYS.COM has no control of the websites owned by other providers, nor does BATTLEKEYS.COM monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.
7. The User and the Seller hereby confirm and assert that they will not engage in the following:
  1. 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);
  2. they will not publish any false or misleading information, which may be detrimental to or may expose BATTLEKEYS.COM or third parties to any harm;
  3. 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 BATTLEKEYS.COM;
  4. they will not use the Site for any other purposes than the use of services offered by BATTLEKEYS.COM, other Sellers or Users;
  5. they will not circumvent or disable the Site’s security;
  6. 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;
  7. 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;
  8. they will not attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
  9. 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;
  10. 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;
  11. they will not in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
  12. they will not take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;
  13. they will not transfer for remuneration nor in any other way make available for remuneration part or whole of his account;
  14. they will not upload on the Site any data containing any personal data of third parties;
  15. they will not in any way make other Users’ or Sellers’ use of the Site difficult;
  16. they will not make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources.
8. By posting or publishing their own content and materials on the Sites or by distributing them in any other way to BATTLEKEYS.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 BATTLEKEYS.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 BATTLEKEYS.COM, currently or in the future. The User acknowledges and warrants to BATTLEKEYS.COM that he/she has sufficient means and rights to ensure such licence.
9. Purchased keys are stored on the Site for 1 year after they have been sold. During this 1-year period, the Buyer may download the purchased keys from the Site for an unlimited number of times. However, for security reasons, the purchased keys can only be downloaded only once after purchase. To download the keys again, additional permission from BATTLEKEYS.COM will be required. In case any problems with the purchased keys are detected within this period, the Buyer may submit a claim for exchange or refund for the problem keys. After a year, all the keys will be completely removed from the Site, downloading them will no longer be possible, and claims will no longer be accepted.
10. For additional security, the Buyer can optionally delete all his purchased keys from the Site after downloading them. In this case, however, after the keys have been deleted, they will no longer be available for download and no claims will be accepted.
Obligations of BATTLEKEYS.COM
1. Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller, BATTLEKEYS.COM shall provide every Seller with the opportunity to sell the product on the Site.
2. Unless otherwise provided by these Terms and Conditions, the Seller 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.
3. The Seller determines the price of products which he/she intends to sell on the Site. BATTLEKEYS.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 BATTLEKEYS.COM may, as part of Additional Provisions mentioned above, set with a given Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.
4. Offering the product sales by the Seller 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 may change the product price. In case of the price change, provisions defined above are directly applied. The Seller acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.
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) to the bank account of BATTLEKEYS.COM. The Seller hereby entitle BATTLEKEYS.COM to charge the Users (or Sellers) the full due amount to the bank account of BATTLEKEYS.COM. From the funds collected on its account, BATTLEKEYS.COM deducts its due commissions and fees from the Seller, by retaining its amount on the BATTLEKEYS.COM’s bank account, whereas the remaining part shall be transferred to the Seller’s bank account. The Seller agree that the payment transfer for the Seller shall follow within 30 days after the money reaching the BATTLEKEYS.COM’s bank account and after setting the payout with chosen payout option.
6. The commission paid by the Seller to BATTLEKEYS.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 BATTLEKEYS.COM. Moreover, BATTLEKEYS.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.
7. Excluding the examples defined above, BATTLEKEYS.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.
8. The Seller give BATTLEKEYS.COM their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller. The Seller 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. BATTLEKEYS.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, BATTLEKEYS.COM assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller misinforms BATTLEKEYS.COM regarding the product, its access to a given gaming platform, etc. The Seller hereby entitle BATTLEKEYS.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.
9. BATTLEKEYS.COM shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.
10. In case of a purchase transaction, in connection to which the payment is performed by Users by means of a credit card, BATTLEKEYS.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. BATTLEKEYS.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. BATTLEKEYS.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 BATTLEKEYS.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 BATTLEKEYS.COM becomes the owner or co-owner of the product sold by the Seller (nor that BATTLEKEYS.COM is to be so treated) – the Seller remains the exclusive owner of the sold product.
11. For all keys sold, BATTLEKEYS.COM provide a free or paid (at Buyer's option) guarantee. The guarantee is valid only within the guarantee period, which is specified in the relevant order for each separate product. During the guarantee period, BATTLEKEYS.COM undertakes to exchange faulty keys or fully refund the money to the Buyer if such keys cannot be exchanged. The following are considered as faulty keys:
  - Keys that have been used (activated) before the sales date: Used
  - Keys that have been blocked by the game developer for reasons not connected to the buyer: Blocked
  - Keys that cannot be activated due to an error in the code: Invalid
  - Keys that are doubled in the order: Doubled
  - Keys that differ from the description in the order: Wrong
  In all other cases, the keys are not considered as faulty, they cannot be exchanged and neither can there be any refund of money paid for them.
12. In addition to the free guarantee, each Buyer may buy additional guarantee, which lasts longer than the free guarantee. When ordering for goods in the shopping cart, the Buyer may at any time choose any guarantee period. The Guarantee Fee and the Guarantee Period are displayed for each product in the shopping cart and are unique for individual products.
Obligations of the Seller
1. Every Seller warrants and acknowledges that:
  1. has the full capacity and right to accept the Terms and Conditions and the Privacy Policy, to grant licences and authorizations and assume such obligations;
  2. 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 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;
  3. the products and services offered by them through the Site:
    - 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,
    - 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;
  4. 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;
  5. they will not engage in any activity detrimental to the good name and reputation off BATTLEKEYS.COM, which may have negative effect on the Site, or the product and services sold via the Site;
  6. 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 BATTLEKEYS.COM interests;
  7. they will not use the Site for any money laundering related activities nor for any actions providing to BATTLEKEYS.COM the risk of being accused of using the Site for money laundering purposes;
  8. 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;
  9. 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.
2. The Seller are obliged to provide information or documents concerning their business, company or products/services at first request of BATTLEKEYS.COM. Each Seller represents, warrants, acknowledges and takes full responsibility that:
  1. the information and documents submitted during the registration process or further use of the Site are true, accurate, valid and complete;
  2. they will immediately report all changes to the documents accordingly in order to keep them true, valid and complete.
3. Furthermore, each Seller 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:
  1. will be genuine, appropriate, complete and lawful;
  2. will not be false, deceitful or unreliable;
  3. will not contain information that is libellous, threatening, harassing, obscene, controversial, offensive, explicit or discriminatory to any minority;
  4. will not violate the Password Policy, Terms and Conditions or the Privacy Policy;
  5. 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;
  6. does not link, to any website(s) that might contain content infringing the above.
4. Furthermore, each Seller assumes responsibility, warrants and acknowledges that they:
  1. will take all actions when visiting the Sites in accordance with applicable laws and regulations;
  2. will deal with other Site Users properly and in good faith;
  3. will take all actions in accordance with the Terms and Conditions, other documents and applicable additional arrangements specified within the framework of the Site;
  4. 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);
  5. will not profess themselves as someone or whatever else or misrepresent their details or relations with someone or whatever else;
  6. will not become involved in spamming or phishing (will not acquire information deceitfully);
  7. will not become involved in any other unlawful activity (including crimes, torts, etc.) or encourage or persuade to commit unlawful acts;
  8. will not become involved in any attempt to reproduce, use or embezzle any legally reserved BATTLEKEYS.COM address directories, databases and password lists;
  9. 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;
  10. will not attempt to compromise the integrity of data, systems or networks used by BATTLEKEYS.COM and/or any other Site User or gain unauthorised access to such data, systems or networks;
  11. will not become involved in any action that might otherwise render BATTLEKEYS.COM or our partners liable, in particular these specified in sections above.
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:
  1. act as a sales representative;
  2. publish the contact details necessary to conduct business;
  3. 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. The Seller agrees to provide all necessary information, materials and permissions and all reasonable support and cooperation to BATTLEKEYS.COM customer care department for BATTLEKEYS.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, BATTLEKEYS.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.
7. Each Seller is 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:
  1. the main characteristic of the service and the way of communicating with the User;
  2. the data identifying BATTLEKEYS.COM, in particular on the name, competent authority which has registered the economic activity and on the registration number;
  3. the address of the enterprise, e-mail address and telephone number and/or fax number if available, at which BATTLEKEYS.COM may be easily and effectively contacted by the User;
  4. address where the complaints can be submitted (if it is different than set forth in point above);
  5. 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;
  6. costs for using a means of distance communication in order to conclude the agreement it these costs are higher than costs usually use;
  7. the method and term of payment;
  8. the method and term of performance of the service by the Seller and on the Seller’s complaint handling policy;
  9. absence of a right of withdrawal in circumstances where the User loses the right of withdrawal;
  10. existence, terms and conditions and method of performance of warranty and after sales services;
  11. minimum duration of Users’ commitments arising from the contract;
  12. the functionality, including applicable technical protection measures, of the digital content;
  13. 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.
8. The Seller may provide the aforementioned information through BATTLEKEYS.COM and BATTLEKEYS.COM may only pass the information without making any alterations.
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 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 BATTLEKEYS.COM and BATTLEKEYS.COM may only pass the information without making any alterations.
10. The obligation referred to in points above are binding for BATTLEKEYS.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.
11. The obligation referred to in points above are binding for BATTLEKEYS.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 BATTLEKEYS.COM sales game codes to the Users.
12. The Seller may sell his products (keys) on the website by uploading them immediately when adding/editing a product ("Buy") or by using 'postponed' upload ("Buy24"). In Buy24, the Seller upload the keys to the website only when they are about to be sold. To use Buy24 to begin selling keys, the Seller only needs to, when adding / editing a product, indicate how many keys he has for that product. However, once a buyer makes an order for Buy24 products, the Seller must upload the appropriate keys within 24 hours of placing the order (excluding weekends). If the Seller fails to do so within the deadline, his rating will be downgraded and Buyers may in the future refuse to purchase Buy24 products from this Seller.
13. There is a rating system on the site for each Seller. This rating helps to inform Buyers about the different aspects of a Seller’s activities on the site, such as: number of orders processed, number of keys sold, number of products returned, speed of processing orders, number of refusals to process orders and so forth. The Seller agrees that its rating can be seen by all registered Users on the site. Rating is generated automatically based on the Seller's activities and cannot be changed by the site administrator upon request by the Seller or third parties.
14. The Seller is obliged to exchange or refund problem keys within 1 year from the date the keys were sold. If a claim against problem keys is received within the Guarantee Period, BATTLEKEYS.COM may at his own discretion exchange the problem keys with keys available on the Seller's account or debit the Seller's account with the equivalent amount to be refunded to the buyer.
Liability
1. Within the scope permitted by law, BATTLEKEYS.COM’s liability shall be excluded in relation to:
  1. 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 BATTLEKEYS.COM control;
  2. any damages related to viruses, Trojan horses etc. which may be transferred to the Site or through the Site by third parties, except that BATTLEKEYS.COM is obliged to immediately take actions aimed at the removal of any threats related to such viruses, etc.;
  3. 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;
  4. any actions taken by BATTLEKEYS.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;
  5. infringing the law in force or any third party rights by the Sellers, 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 does not have copyrights or any other required titles;
  6. 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;
  7. 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;
  8. any harm, damages, claims, compensation, non-pecuniary damages in relation to claims of one User against another User (exclusion of BATTLEKEYS.COM from any disputes between Users);
  9. 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, BATTLEKEYS.COM is not a party to such legal relationship.
2. BATTLEKEYS.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 BATTLEKEYS.COM, related to Sellers' behavior specified in sections 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 BATTLEKEYS.COM or to which BATTLEKEYS.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 BATTLEKEYS.COM related to any violations on part of the Seller, in particular violation of copyrights, such Seller shall replace BATTLEKEYS.COM in such proceedings or shall act as a third party respondent.
3. Furthermore BATTLEKEYS.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. BATTLEKEYS.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 nor by the Seller against the User, nor the Seller against other Seller. BATTLEKEYS.COM shall not be liable against the Users (or other Sellers) for the products and services sold through the Site by the Sellers, including for whether they are fit for purpose, for their quality, legality, legal and physical defects. BATTLEKEYS.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.
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:
  1. 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 BATTLEKEYS.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,
  2. The Seller provided false, incomplete or misleading data,
  3. Where there is reasonable probability that the Seller undertook actions which may be detrimental to BATTLEKEYS.COM and/or its partners in terms of their assets or legal liability.
5. To the fullest extent permitted by law, all services provided by BATTLEKEYS.COM on or via the Site are made available on an as is, if available, and with all defects basis, and BATTLEKEYS.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 sold by itself, unless consumers rights protection laws provide otherwise.
6. To the fullest extent permitted by law, BATTLEKEYS.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 BATTLEKEYS.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. Notwithstanding the foregoing, the total liability of BATTLEKEYS.COM against the Sellers is limited to the amount of USD 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.
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 BATTLEKEYS.COM that such damage may occur.
Dealings between Users and Sellers
1. Users/Sellers acknowledge that engaging in any transactions on the Site involves the risk of dealing with abusive people. BATTLEKEYS.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, BATTLEKEYS.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.
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.
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 between Sellers) and other obligations under these Terms and Conditions.
4. An agreement between the User and the Seller 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 and other obligations under these Terms and Conditions.
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.
Forbidden Actions – Anti Violation Procedures (a so called notice and takedown procedure)
1. Any person whose rights have been violated by the data uploaded (stored, transmitted etc.) on the Site by a Seller is obliged to notify the Site's operator thereof (to the e-mail address: support@battlekeys.com or via registered mail to the address specified in 'Definitions' of these Terms and Conditions where 'BATTLEKEYS.COM' is defined), indicating and submitting:
  1. the exact location of the data;
  2. the right violated;
  3. 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 has no right to them (such statement shall be delivered in writing to the address specified in 'Definitions' of these Terms and Conditions where 'BATTLEKEYS.COM' is defined);
  4. his or her personal data, in particular the name, surname, business name, registered seat address or residence address, e-mail address;
  5. 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 'BATTLEKEYS.COM' is defined).
2. Following the receipt of a credible notification specified above, BATTLEKEYS.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 responsible for uploading the data through the Site, that such notification and claim by a third party has been submitted.
3. The Seller who has received notification mentioned in section 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.
4. The Seller who notified BATTLEKEYS.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 were settled through conciliation. If the dispute parties reach an agreement, the disputed data – subject to the terms of the agreement – may be:
  1. uploaded back to the Site without amendments;
  2. uploaded back to the Site, amended in accordance with the changes agreed by the parties;
  3. 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 'BATTLEKEYS.COM' is defined.
5. Where it is not possible to determine the Seller responsible for publication of third party's data, their distribution etc. on the Site or the Seller does not submit any reply to the notification of third party's claim within 14 days from its receipt from BATTLEKEYS.COM to the Seller'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.
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, BATTLEKEYS.COM will immediately disable any access to such data.
7. BATTLEKEYS.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.
8. BATTLEKEYS.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 and Conditions or statements given by the Seller.
Complaints Procedure
1. Both the User and the Seller have the right to file complaints connected with the services provided by BATTLEKEYS.COM. All complaints should be sent digitally via the contact form available at the Site or in a written form to the address of BATTLEKEYS.COM indicated in the Chapter “Definitions” of this Terms and Conditions. All complaints shall be resolved within 14 days from the date of their delivery to BATTLEKEYS.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.
2. If the User has complaints about the product he/she has bought, he/she may file a complaint to the Seller with the help of BATTLEKEYS.COM. In such case BATTLEKEYS.COM only helps in initiating the complaint procedure and does not resolve the complaint.
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.
4. All products purchased on the Site are non-exchangeable and non-refundable. The User may return a product bought in the form of an activation key only if he has a problem with that key, for example the key has already been used or it is blocked, invalid etc. within the Guarantee Period indicated for that particular product in the relevant order. After the Guarantee Period has elapsed, BATTLEKEYS.COM does not guarantee to solve any problems with regards to the products, but will in any case try to help.
5. If for any reason the product purchased by the User cannot be used/activated it is the Users responsibility to inform BATTLEKEYS.COM of this fact. BATTLEKEYS.COM shall pass this information to the Seller 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.
6. Because of the User’s ability to return purchased products, BATTLEKEYS.COM has the right to withhold moneys paid for the product sold by the Seller (in compliance with the point above) for Guarantee Period from the date of the product was sold, which the Seller agree to. If a product is returned the paid amount shall be returned to the User (the Seller 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.
7. If problem keys are detected, the Buyer shall create a claim and send it to the Seller. The Seller is required to consider the claim and send his proposal to the Buyer. The Buyer may accept or reject the Seller's proposal. If the Seller and the Buyer fail to come to an agreement with regards to the claim, the claim shall be referred to BATTLEKEYS.COM for consideration. Consideration of a claim by BATTLEKEYS.COM has no time limit. BATTLEKEYS.COM decision is final and binding on both parties to the dispute.
8. If the Seller fails to respond to the Buyer’s claim within 14 calendar days from the date the claim was sent to the Seller, a decision would be automatically made in favor of the Buyer. If the Buyer fails to respond to the Seller's proposal with regards to the claim within 14 calendar days from the date the Seller's response was sent, a decision would be automatically made in favor of the seller.
9. If a decision is made in favor of the Seller, the claim will be deemed closed and the problem keys will be exchanged with new ones or the equivalent money refunded to the Buyer based on the Seller’s proposal or based on the decision of BATTLEKEYS.COM.
10. If a decision is made in favor of the Buyer, the claim will be closed and the problem keys will be exchanged or refunded to the Buyer based on the Buyer's claim or based on the decision of the BATTLEKEYS.COM. The number of keys required for an exchange will be automatically deducted from the Seller's account. If the keys available for exchange are not enough, the Seller's account will be debited with the monetary value of the problem keys.
11. 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 BATTLEKEYS.COM for both the Users and the Sellers are granted by BATTLEKEYS.COM.
Termination
1. Both the User and BATTLEKEYS.COM have the right to terminate the agreement. The agreement between the User and BATTLEKEYS.COM on providing a teleinformatic platform and certain functions of the Site is concluded for unspecified period of time.
2. Termination of the agreement by BATTLEKEYS.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, BATTLEKEYS.COM has the right to terminate it with immediate effect through an immediate removal of User account or blocking his access to the Site.
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 BATTLEKEYS.COM. BATTLEKEYS.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. BATTLEKEYS.COM shall immediately provide the User, in a durable medium, with the acknowledgment of receipt of the notice of withdrawal.
4. Termination of the agreement between BATTLEKEYS.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, BATTLEKEYS.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.
5. All transactions between the User and the Seller or Sellers during the period of the agreement termination by the Seller (or the agreement termination by BATTLEKEYS.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 and the payment wasn’t complete before the termination of the agreement.
6. If the termination of the agreement has been made by BATTLEKEYS.COM the User or Seller cannot create another Account on the Site without BATTLEKEYS.COM’s consent.
7. BATTLEKEYS.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 BATTLEKEYS.COM will not terminate the agreement because of this). Execution of this paragraph’s decisions cannot violate consumer rights. Within the law, BATTLEKEYS.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.
Final Provisions
1. The ‘Privacy Policy’ and the “Fees and Commissions” constitute integral parts of these Terms and Conditions, binding upon all registered Users.
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 BATTLEKEYS.COM. The Users and the Sellers hereby consent to and agree that BATTLEKEYS.COM may transfer the rights and obligations arising from the agreement between BATTLEKEYS.COM and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by BATTLEKEYS.COM.
3. The processing of any data received by the administrator of the Site in relation to its functioning is made in accordance with the Privacy Policy and the User agrees to it when accepting these Terms and Conditions. BATTLEKEYS.COM may transfer the rights and obligations arising from the agreement between BATTLEKEYS.COM and the Seller and/or the User to a third party, to which the User and the Seller agree.
4. Any communication with the Site’s administration shall be made by e-mail to the address: support@battlekeys.com
5. Any comments and remarks on Users or Sellers violations of these Terms and Conditions shall be notified with BATTLEKEYS.COM to the address: support@battlekeys.com
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.