General Terms and Conditions
1 Contractual object and applicability
§ 2 Intermediary role
§ 3 Terms of payment
§ 4 Termination
§ 5 Liability
§ 6 Copyright
§ 7 Applicable law
§ 8 Place of jurisdiction
§ 9 Data protection
§ 10 Severability clause
- 1 Contractual object and applicability
1.1. Keyesd.com. (hereinafter referred to as Keyesd) is an online agency for the buyers (hereinafter referred to as Buyers) and sellers of digital and virtual goods in connection with online games Keyesd. (hereinafter referred to as the Platform Keyesd connects the sellers of digital and virtual goods available with Buyers. For this service, the seller must pay Keyesd a fee in the form of an individually negotiated commission. The relationship between Keyesd and the Buyer is gratuitous.
1.2. The sellers distribute and deliver digital and virtual products in exchange for remuneration. The products are predominantly
- Online game commodities (e.g., gold, weapons, points, coins)
- Keys and game card codes (access codes or keys to certain online games)
- Leveling services (e.g., power-leveling, where the Buyer is put in touch with professional gamers who progress to higher levels on the Buyer's behalf)
The seller concludes the legal transaction concerning the sale of digital and virtual goods with the Buyer directly. At no point does Keyesd have ownership of the digital goods.
1.3. The following GTCs, as amended on the date of registration, apply on an exclusive basis to the relationship between Keyesd and the Buyer.
1.4. These GTCs do not apply to the relationship between the Buyer and the seller. The terms and conditions of sale of the seller apply to the relationship between the Buyer and the seller.
1.5. If translations of these GTCs into any other language than German should prove to contain inconsistencies as a result of the translation process, the German version of these GTCs shall be authoritative.
- 2 Intermediary role
2.1. A customer account is required in order to use Keyesd. To register, the Buyer must provide his/her first name(s) and surname, address, a current email address, and create a username and password. Registration is free.
2.2. Additionally, a social media login allows the Buyer to use Keyesd without registering. In this case, Keyesd shall authenticate and clearly identify the Buyer using the Buyer's account information at Amazon, Google, PayPal, Facebook etc.
2.4. On its Platform, Keyesd hosts sellers' invitations to Buyers - in the form of offer text and images - to submit an offer by clicking on 'Buy' buttons. After adding goods to the basket by clicking on the 'Buy' button and clicking 'Order' at the end of the order process, the Buyer is submitting a legally binding offer for the goods in question. Keyesd shall forward the offer to the relevant seller, which can then accept it. If the seller accepts the offer, it will deliver the product to the Buyer within the specified delivery deadline.
2.5. If the seller accepts the offer, Keyesd Foshan Ltd. shall facilitate contact between the seller and Buyer.
2.6. The seller shall determine the method of delivery. The following delivery methods are possible:
- In-game mail
The seller delivers the product within the game.
- Face to face
An employee of the seller meets the Buyer within the game.
These shall be sent to the Buyer through an external service provider by or on behalf of the seller.
- Comfort trade
The seller logs into the account of the Buyer over an encrypted connection, creates a new character and delivers the product to the Buyer.
- Mule account
The seller creates a new account, stores the product there and sends the account name and password to the Buyer.
Within the game, the Buyer is prompted by a message sent by the seller to accept a contract in order to receive the product.
- Auction house
The Buyer places his/her order in an auction house in the game, the seller identifies the Buyer by his/her character name, for example, and orders the specified product.
- 3 Payment
3.1. The Buyer shall pay the seller the purchase price indicated by the seller on Keyesd Platform.
3.2. The payment shall be rendered directly to the seller via the Platform and account of Keyesd.
3.3. At no point does Keyesd automatically collect payments. The payment shall be made only after the seller verifies and accepts the offer; the payment can only be actively initiated by the Buyer. Before the Buyer can select a payment method, feedback is sent to the seller via an interface, which will then check the Buyer's offer. For the Buyer, this process is visually represented by a loading symbol and the message 'Awaiting confirmation from the seller'. As soon as the check is complete, the Buyer can select a payment method. Every time he/she places an order, the Buyer must select a payment method and then enter his/her payment information on the payment page. Keyesd shall then process the transaction.
3.4. Payment methods include Sofortüberweisung, PayPal, paysafecard, mobile payments (Zong, Mopay etc.), credit cards, Skrill, giropay, Maestro, EPS (Netpay), Ukash, Paymentwall, cash payments, bank transfers etc. The sellers reserve the right to refuse to accept certain payment methods or accept/demand other payment methods than those listed above.
- 4 Termination
4.1. The Buyer and Keyesd are both entitled to terminate their relationship at any time. This can be done by deleting the Buyer's account. To do so, the Buyer must send Keyesd a message (by email or using the 'Contact' section on the Platform of Keyesd) requesting the deletion of his/her account. Keyesd shall fulfill this request five days after receiving the message at the latest.
4.2. Keyesd can also terminate the relationship. In this case, Keyesd can either temporarily or permanently block or delete the account of the Buyer. After weighing its interests, Keyesd shall continue with any ongoing intermediation until it is complete.
- 5 Liability
5.1. The Buyer has no claim to compensation. This does not include claims for compensation of the Buyer resulting from injury to life, limb, or health, from the violation of essential contractual duties (cardinal duties) or liability for other damage resulting from an intentional or grossly negligent breach of duty on the part of Keyesd, its legal representatives, or its vicarious agents. Cardinal duties are duties which must be carried out in order for the parties to achieve the purpose of the contract.
5.2. With regard to the violation of cardinal duties, Keyesd shall only be liable for the typical foreseeable damage for this type of contract if the damage was caused by ordinary negligence, unless the claims for compensation of the Buyer are based on injury to life, limb, or health.
5.3. The restrictions set out in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Keyesd if claims are filed directly against them.
5.4. Keyesd cannot be held liable for the measures taken against the Buyer by a provider of online games, especially not for the blocking of the Buyer's account or the deletion of his/her digital or virtual goods by the online games provider.
5.5. Liability for inaccurate price labeling, faulty performance or non-performance by the seller, and for any other breaches of contract or risks associated with the sale of the goods, rests exclusively with the seller.
5.6. These GTCs do not affect the regulations of the German Product Liability Act (ProdHaftG).
5.7. These GTCs do not affect independent representations and warranties.
- 6 Copyright
6.1. The content available on the Platform is protected by copyright or other proprietary rights and is the property of Keyesd or third parties which have made it available. The compilation of the content in itself is protected as a collection or database work in the sense of Sections 4(2) and 87a(1) of the German Copyright Act (UrhG). The Buyer may only use this content in keeping with the provisions of these GTCs.
6.2. Some of the content available on the Platform is provided by Keyesd and some by third parties. Keyesd does not check that third-party content is complete, accurate or legal, and therefore accepts no responsibility for said third-party content.
6.3. The Buyer is prohibited from fully or partially processing, modifying, exhibiting, publishing, displaying, duplicating, or distributing content on the Platform which the Buyer did not create. Such content includes photos, logos, text, reports, scripts, and program routines developed independently or provided by Keyesd. Likewise, the Buyer is prohibited from removing or modifying copyright notices, proprietary notices, or marks of any kind.
6.4. Any type of use not expressly permitted in these GTCs requires the written consent of Keyesd.
6.5. Paragraphs 1 to 4 apply exclusively to content that is independent of the purchase of digital and virtual products, and expressly not to the intellectual property rights to the digital and virtual products themselves.
- 7 Applicable law
These GTCs are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect mandatory consumer protection regulations of the country in which the consumer in question is habitually resident.
- 8 Place of jurisdiction
If the Buyer is an entrepreneur, corporate body under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the relationship between the Buyer and Keyesd shall be the registered offices of Keyesd. Otherwise, the legal place of jurisdiction of the parties shall be used.
88 Kwai Cheong Road N.88
- 9 Data protection
9.1. Keyesd shall collect the data of the Buyer in connection with the mediation and execution of contracts. In doing so, Keyesd shall adhere to the regulations of the German Federal Data Protection Act (BDSG) and Broadcast Media Act (TMG). Keyesd shall only collect, process, and use personal data without the consent of the Buyer in so far as necessary.
- 10 Severability clause
If any provision of these GTCs should be or become ineffective, this shall not affect the validity of the rest of these GTCs. The ineffective provision is to be replaced by a provision which best approximates the intent of the parties within the boundaries of the law. The same applies in the event of a loophole.