Program pentru produse fizice
Version 1.3, last amended 2021-08-25
- General Provisions
- This Schedule to the ENEBA Terms and Conditions (hereinafter Schedule) forms an inseparable part of the Terms and Conditions and is intended to provide terms for selling and buying gaming related physical products (hereinafter Physical Products) via the Platform.
- Unless expressly provided otherwise, this Schedule shall only be applicable with regards to transactions of Physical Products. In case of discrepancies between the Terms and Conditions and this Schedule, the provisions of this Schedule shall prevail with regards to transactions of Physical Products.
- Our Function
- For the purposes of this Schedule our Platform provides a platform for video game enthusiasts to buy and sell various gaming related material items to or from other individuals. ENEBA shall not be a party to any transaction between buying Users (hereinafter Buying Users) and selling Users (hereinafter Selling Users), save for the Services that ENEBA provides to facilitate transactions. ENEBA does not buy or sell or purport to buy or sell any of the Physical Products displayed on the Platform.
- ENEBA does not pre-vet any Physical Products listed on the Platform or any parties who Buying Users and Selling Users may deal with on the Platform. ENEBA shall not be obliged to engage in any dispute between Buying Users and Selling Users. Buying Users and Selling Users are responsible for vetting the parties that they deal with.
- Registration Requirements
- Users who want to access all Services provided on the Platform must register and create an Account. However, an Account is not necessary in order to purchase Physical Products via the Platform.
- In order to be become Selling Users and be eligible to sell Physical Products Users must:
- create an Account following the rules provided in the Terms and Conditions;
- confirm that they are at least 18 (eighteen) years old;
- create a payee account with Hyperwallet, assisting ENEBA in transactions made between Buying Users and Selling Users, and agree to Hyperwallet Terms of Service and the Hyperwallet Privacy Policy;
- have their payee account verified in accordance with Hyperwallet procedures.
- As per their internal procedures ENEBA and Hyperwallet may from time to time carry out KYC procedures and request from Buying Users and Selling Users presentation of proper documents and information related to their identity and activities within the Platform. Failure to provide such documents and information within the term set by ENEBA or Hyperwallet may constitute the reason to refuse registration, limit functionalities of the Platform (including withholding transactions or funds) and (or) be the grounds for suspending or terminating an already registered Account.
- For avoidance of doubt, selling and buying Physical Products via the Platform is reserved for natural persons acting for the purposes other than their trade, business, craft, or profession (i.e., entrepreneurs are not permitted to use these Services). By using Services provided in this Schedule Buying Users and Selling Users warrant that they are not acting in entrepreneurial capacity.
- Listing Physical Products
- ENEBA seeks to ensure that the Platform is a friendly and safe space. Therefore, Selling Users are required to comply with below rules when they upload Physical Products to the Platform.
- Allowed items. Selling Users may list for sale the following categories of Physical Products:
- gaming consoles;
- console games;
- gaming accessories;
- bundles comprised of the above categories;
- PC builds;
- PC parts;
- Laptops.
- Prohibited items. Selling Users shall not list and sell Physical Products, trading of which infringes applicable laws or rights of third parties. Below is a non-exhaustive list of items that are prohibited from being listed on the Platform:
- Physical Products containing pornographic content or sexually oriented adult material such as: adult anime items, sex toys and sex accessories, clothing (new or used), images of nudity and nude art, magazines and books, adult media, minors, other adult items, illegal and obscene items;
- alcoholic beverages including wine;
- alive or dead animals (including their parts or derivative products) and wildlife products;
- art, artifacts, grave-related items;
- catalytic converters and test pipes;
- cell phone (wireless) service contracts;
- charity and fundraising;
- clothing;
- contracts;
- cosmetics;
- counterfeit currency and stamps, counterfeit Physical Products;
- coupons, gift cards, credit cards, currency;
- drugs and drug paraphernalia, psychotropic substances, intoxicants, medical drugs, medical products prescribed by doctors, medical devices;
- certain electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices, electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices;
- embargoed goods and goods from prohibited countries;
- event tickets;
- firearms, weapons, ammunition, gas launchers and knives;
- food and healthcare items, plants and seeds;
- government documents, IDs, and licenses;
- government, transit, and shipping-related items;
- hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants, hazardous chemical substances, pesticides;
- human remains and body parts or organs (or simulation thereof);
- importation of goods intended only for distribution in a certain country;
- goods that are subject to specific restrictions within the jurisdiction of the User;
- items encouraging illegal activity;
- lockpicking devices;
- lottery tickets;
- databases, mailing lists and personal information, addresses of Platform's, information and advice that is not of a service nature;
- master diploma and bachelor theses, school leaving papers, essays and other papers of this type as well as services relating to writing such works;
- multi-level marketing, pyramid, and matrix programs as well as accounts in partnership and loyalty programs and services related thereto;
- offensive material – examples include ethnically or racially offensive material or content appealing to disseminate hatred in connection with national, ethic, racial, world view diversities;
- prohibited services;
- real estate;
- recalled items;
- slot machines;
- stamps;
- stocks and other securities such as company shares, stakes, bonds, receivables, units of participation in investments funds, insurance policies and products and all other financial instruments offered as a form of investment;
- stolen property and property with removed serial numbers;
- surveillance equipment;
- tobacco;
- travel;
- stock exchange investment system and systems for numerical games and bookmaker pools and services related thereto;
- gold in the form of gold bars, coins or scrap gold and silver in the forms of bars and scrap.
- ENEBA reserves the right to redetermine what items are and are not allowed to be listed on the Platform. Subject to ENEBA discovering that certain items violate Terms and Conditions (including this Schedule) or pose any risk to other Users, ENEBA may remove those items even if they are not listed in Section 4.3 above.
- General rules on listing. Selling Users must bear in mind that once they decide to publish a listing of the Physical Product, by doing so they make such Physical Product available to other Users to purchase.
- In order to create and publish listings of Physical Products, the Selling User is obliged to provide description of such products to be displayed on the Platform. When creating and publishing such listings each Selling User agrees and confirms that:
- they are legal and beneficial owner of such Physical Products and have the right to sell them;
- they are solely responsible for the accuracy and content of the listing and Physical Products offered;
- they understand that by publishing listing its description will be binding for the Selling User;
- Physical Product complies with all aspects of the description submitted by the Selling User, including the category in which such item is listed and any photograph of the Physical Product, and that such description is complete and reliable. The terms of the listing description submitted by the Selling User will form the terms on which Selling User offers the Physical Product for sale;
- sale, use or possession of such Physical Products does not infringe the rights of any third party (including but not limited to any intellectual property rights held by any third parties); and does not breach any applicable local, national or international law or regulation.
- Except for bundle listings (described below), Selling Users must not create more than one listing per Physical Product.
- Selling Users may amend the terms on which they offer Physical Products for sale or remove listing at any time before they have entered into a contract to sell the relevant item.
- Each Selling User grants ENEBA a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content that such Selling User provide to ENEBA, including without limitation descriptions and pictures of listed Physical Products.
- When creating and publishing a listing, the Selling User shall not:
- publish any advertisement or advertising content nor other forms promoting goods and services that are not offered on the Platform;
- create and publish listings with images of sexual content;
- upload ads related to sex, eroticism or fetishism;
- advertise multi-level marketing, pyramid or matrix programs or similar services;
- look for collaborations for erotic or massage services;
- upload images, descriptions that do not correspond to the actual Physical Product or offer;
- upload images of minors;
- upload ads related to animals;
- publicly display their contact details or otherwise encourage Buying Users to complete transactions outside of the Platform.
- In the case Physical Products listed by the Selling User (or descriptions thereof) do not comply with the above rules or are contrary to the current legal provisions or good customs, ENEBA will withdraw them from the sale informing of such withdrawal. In case of serious or repetitive breaches ENEBA may suspend or terminate the Account of the Selling User.
- Notwithstanding the above, ENEBA may also remove Physical Product listing if:
- the listing either violates the law or one of provisions of Terms and Conditions (including this Schedule) or other ENEBA’s policies;
- a third-party claim rights on the Physical Product;
- the listing infringes the copyright, trademark, or intellectual property right of others.
- Bundles. A bundle is a single listing that includes multiple Physical Products for a one set price. Selling Users are entitled to either enable purchasing separate items from the bundle or only sell the bundle as a whole. In the case a single Physical Product from the bundle is sold, the Selling Users shall receive notification of such and will be advised to adjust the price of the bundle accordingly.
- Selling Users must showcase separately all the items from the bundle including adding separate pictures for each Physical Product from the bundle.
- Pricing. The price stated in each Physical Product’s description must be an accurate representation of the sale and the Physical Product. Prices of Physical Products listed on the Platform must be gross prices and include all taxes, including a tax on goods and services (if applicable).
- Shipping. Before completing creating a listing, Selling Users must accurately indicate the size and weight of the package as well as choose preferred shipping methods. The Selling User must be careful to select the correct package size in order to avoid additional shipping costs or having the parcel rejected by the respective courier service.
- Purchasing Physical Products
- When purchasing a Physical Product, the Buying User is responsible for reading the Physical Product description in full before the Buying User commits to buy.
- Buying Users are hereby informed that the prices of Physical Products displayed on the Platform do not include shipping fees and ENEBA fees that will be shown on the checkout page.
- Buying User wishing to purchase a Physical Product must bear in mind that when they commit to buying an item for an agreed price, they are entering into a legal contract with the Selling User.
- Buying User shall purchase a specific Physical Product only if the Buying User meets the requirements (restrictions) (such as restrictions on age or country of delivery) described in the listing.
- For the purposes of placing an order, the Buying User shall be obliged to provide data necessary for dispatch and delivery of Physical Products (including but not limited to correct and accurate delivery address).
- Buying Users are obliged to ensure that all the information and data given during placing of an order is true and up to date.
- All the information on the Platform referring to the Physical Products (including their prices) shall be understood as an invitation by the Selling Users for the conclusion of the sales contract. Information regarding the Physical Product’s price placed on the Platform is binding at checkout upon final placement of the order with obligation of payment. The Buying User and the Selling User agree that changes in the price or description of the Physical Products available on the Platform will not affect their sales contract that has been finalized before such change.
- After placement of Buying User’s order Buying User will receive confirmation of Buying User’s payment and purchase of the Physical Products.
- Physical Products shall not be considered bought until the payment is completed by the Buying User.
- Shipping Services
- ENEBA may make use of various courier services in order to deliver Physical Products purchased by Buying Users via the Platform.
- Before publishing listing the Selling User shall choose shipping methods available for the Physical Product to be sold. To ensure safety and smooth operation when shipping Physical Products Selling Users must only use shipping methods provided on the Platform.
- Shipping fee is always added atop the price of listed Physical Product as to be paid by the Buying Users. Shipping fee may vary based on the Buying User’s geographical location and selected shipping method. Additional terms may apply for using chosen shipping services. Buying Users are advised to always check them before placing an order.
- After the Buying User and the Selling User enter into a contract for the purchase of Physical Products, the Selling User shall receive a confirmation of such transaction. After receiving such confirmation, the Selling User will ship sold Physical Products via one of the available shipping methods and if requested by ENEBA – enter the barcode of the parcel on the Platform. Selling Users confirm their understanding that as item sellers they shall be considered a counterparty in a pre-paid shipping label purchase transaction as offered and sold by ENEBA.
- The Selling User must carefully prepare sold Physical Products for shipping so that they do not suffer any damage during the transit process. ENEBA recommends packaging them using specialised envelopes or padded envelopes. ENEBA will not be responsible for damages caused as a consequence of incorrect or insufficient packaging.
- In case the Selling User fails to dispatch the parcel within 5 (five) business days after receipt of confirmation of the transaction, ENEBA shall be entitled to refund the purchase price to Buying User’s bank account. Repeated failure to dispatch Physical Products in time may result in having the Selling User’s Account suspended or terminated.
- Upon the Selling User dispatching the parcel, the Buying User and the Selling User will be provided with the details enabling them to track delivery of the parcel.
- Buying Users shall within 48 hours after delivery inspect received Physical Products and mark the order as completed or in case of any discrepancies with the listing description, create a dispute via the Platform (as detailed in Section 8). In case there is no dispute raised within the above term, the order shall be automatically marked as completed.
- In case of a failure to deliver Physical Products to the Buying User, such will be returned to the Selling User, the Selling User will not receive payment, and the costs for delivery and return of the package may be transferred to the Buying User. Buying User's repetitive failure to receive parcels may result in having their Account suspended or terminated.
- Please note, that all packages are carried and delivered by ENEBA carrier partners and ENEBA does not provide any carriage services itself. Nevertheless, when using the integrated postage service with pre-paid labels the contract for delivery of items remains between the Selling User and ENEBA and not between the Selling User and carrier-partner. ENEBA shall be approached directly for any aspects regarding package delivery, including any issues and/or queries about any order placed by Selling Users or Buying Users.
- ENEBA shall not be responsible for sent parcels, packages and Physical Products which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike, unless otherwise clearly stated within specific terms applicable to separate shipping service offers (as may be provided to Selling Users before publishing the listing).
- When using integrated postage services with pre-paid labels, terms and conditions of a particular provider may apply. Selling Users must accept these terms and conditions for using integrated postage services. In case of conflict or difference between ENEBA Terms and Conditions and applicable carrier’s terms – ENEBA Terms and Conditions shall apply and supersede carrier’s terms.
- Payment Terms
- Buying Users must pay to the Selling Users for listed Physical Products using the payment services available on the Platform.
- Payments must be made in the currency specified on the Platform and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive of shipping costs and any other fees for additional services offered by ENEBA that Buying Users may choose to use.
- Buying Users are responsible for any shipping costs, including any insurance costs unless otherwise mutually agreed by the Buying User and the Selling User.
- Payment for listed Physical Products shall be made in advance. The Buying User will be charged when the Buying User and the Selling User enter into a contract for the purchase of Physical Products under Section 5.
- In order to protect Buying Users, ENEBA shall hold the purchase price for sold Physical Products until the order is marked as completed, as per procedure set in Section 6.8. During this period, it shall be Buying User’s responsibility to raise a dispute. After this period, compensation shall no longer be applicable, and the funds will be ready to be released to the Selling User less any commission and/or other fees due to ENEBA. All disputes must be raised via the Platform and not via external payment services.
- In case the Selling User fails to send sold Physical Products to the Buying User within 5 (five) business days after receipt of the transaction confirmation, ENEBA shall be entitled to refund the purchase price to the Buying User. The refund can be also released earlier in case the Selling User is inactive and (or) there are other circumstances that in a reasonable opinion of ENEBA lead to believe that timely shipping of sold Physical Products is unlikely. The refund of the purchase price shall be the only Buying User’s remedy in respect of its contract with the Selling User.
- Where the Buying User creates a dispute as indicated in Section 6.8, ENEBA will hold the purchase price minus any commission and (or) other fees due to ENEBA until the dispute is resolved.
- ENEBA may at any point in time upon its sole discretion suspend and (or) cancel any transaction and (or) requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to ENEBA and (or) any Buying User, Selling User or third party.
- ENEBA utilises Hyperwallet payment services to assist in transactions made between Buying Users and Selling Users. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy. When using payment services on the Platform, Buying Users and Selling Users agree with Hyperwallet terms and conditions. ENEBA shall not be liable for the acts or omissions of such third party.
- Dispute Resolution
- In cases indicated in Section 6.8 the Buying User may create a dispute regarding the sale transaction of Physical Products between the Buying User and the Selling User. ENEBA provides Buying Users and Selling Users a feature to settle disputes without approaching ENEBA. The dispute is considered to be settled and transaction completed once Buying User and Selling User reach a mutual agreement. ENEBA will not accept any repeated claims related to disputes on which such mutual agreement has already been reached.
- Buying Users and Selling Users are encouraged to resolve disputes between themselves however if either party feels that amicable solution cannot be reached, they may escalate the dispute with ENEBA. In such a case ENEBA will mediate in order to find a solution suitable for both parties.
- Generally, Physical Products acquired via the Platform cannot be returned except in cases where it has been agreed between the Buying User and the Selling User. Similarly, the right to withdraw from the agreement does not apply as neither of the parties is acting in the entrepreneurial capacity. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the Buying User before the Selling User. ENEBA will not take responsibility for any instance of noncompliance on the part of the Selling User.
- In case the Buying User and the Selling User agree on return of the sold Physical Products, provisions of Section 6 shall apply to such return, whereby the Buying User shall be the one sending the parcel and the Selling User receiving such. In case of the Buying User failing to dispatch the parcel within 5 (five) business days from agreeing on such, the order shall be marked as completed and the Selling User shall be credited with the purchase price.
- ENEBA reserves a right to deny compensation and claim back compensation paid out for the Buying User or the Selling User in case the person in question has already received adequate compensation from other sources (e.g., third-party payment service provider).
- Buying Users and Selling Users are encouraged to communicate with each other with mutual respect and good faith. While communicating they must not send messages:
- that can be considered of advertising nature;
- which content may be considered as offensive, contrary to good moral or public order;
- which content may be considered of illegal nature;
- which can be considered as spam;
- which can otherwise be in violation of these Terms and Conditions (including this Schedule), good moral or public order.
- Communication channel available to Buying Users and Selling Users on the Platform is provided for the sole purpose of resolving disputes related to specific transactions entered into between Buying Users and Selling Users. Use of such communication channel for any other purposes (including future transactions outside of the Platform) is strictly prohibited and may lead to suspending or terminating the Accounts of participating Buying Users and Selling Users.
- Please note that ENEBA may use automatic scanning tools and filters in order to detect and prevent spam and (or) fraud and (or) any other activity on the Platform contrary to applicable legal acts or Terms and Conditions.
- Exclusion of Liability
- Provisions of this Section 9 only supplement the liability provisions of the Terms and Conditions and does not extend the liability of ENEBA.
- ENEBA is not the owner of any of the Physical Products on sale or sold via the Platform. ENEBA takes no part in buying and selling transactions carried out exclusively by Buying Users and Selling Users. ENEBA does not moderate nor validate Physical Products offered by the Selling Users via the Platform and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of the Platform’s contents. ENEBA is equally not responsible for the legality, reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction between Buying Users and Selling Users.
- Including, but not limited to the following, ENEBA shall not be responsible for damages of any nature derived from:
- the use of Services by any of Buying Users and Selling Users; the status, origin, inaccuracy or falsification of the information supplied to ENEBA by Buying Users and Selling Users nor the items Selling Users have for sale via the Platform;
- the content, information, opinions or declarations given by any Buying User, Selling User or by a third party or entity that is communicated or represented via the Platform;
- the use of any materials by the Buying Users or Selling Users derived from Services that may be of a prohibited or consensual nature, or infraction of intellectual or industrial property rights, confidential information or information gained from Services from third parties;
- engaging in acts of unfair competition and illegal advertising;
- a potential loss of data for causes not attributable to Services;
- access to Services and its contents by underage persons;
- the non-availability, errors of access or lack of continuity of Services;
- the mistakes and incidences that could take place in the communications, erasure or incomplete transmissions;
- the non-functioning or problem with the email address given by the Buying User or the Selling User.
- Any claim resulting from a dispute between Buying Users and Selling Users should be solved between one another; holding ENEBA totally exempt from liability. Notwithstanding, ENEBA undertakes their best effort to offer Buying Users and Selling Users a fast and satisfactory solution via Platform’s help centre.
- Referral Program
- Every registered User, upon having their phone number verified, may participate in ENEBA referral program (hereinafter Referral Program) and receive ENEBA funds. ENEBA funds received for participating in the Referral Program are non-withdrawable and, unless expressly provided otherwise, can only be used to purchase Physical Products on the Platform.
- In order to participate in the Referral Program, the User can simply share with their friends an automatically generated referral link (hereinafter Special Links) available on the “Bonus” section of their Account.
- When a person (hereinafter Referee) clicks through the Special Links, becomes a Selling User and sells Physical Products on the Platform, the User can receive commission income (in a form of ENEBA funds) for qualifying sales as further described below.
- ENEBA may introduce the limits to both the number of Referees attributed to a participating User as well as the number of qualifying sales made by such Referees.
- Qualifying sale (hereinafter “Qualifying Sale”) shall be considered to occur when:
- a Referee clicks through the Special Links to the Platform;
- creates an Account and becomes an eligible Selling User;
- publishes a listing of a Physical Product;
- has such Physical Product purchased by another User (other than the participating User); and
- such sale order is marked as completed on the Platform.
- Notwithstanding the foregoing, Qualifying Sales are disqualified whenever they occur in connection with a violation of this Section 10 or any other terms, conditions, specifications, statements, and policies that ENEBA may issue from time to time that apply to the Referral Program.
- Further, the following sales that would otherwise be Qualified Sales are disqualified and excluded from the Referral Program:
- any Qualifying Sales completed after termination of participating User’s Account;
- any Qualifying Sale made by a Referee, where such person does not comply with the Terms and Conditions (including this Schedule);
- any Qualifying Sale of the value lower than the minimum limit determined by ENEBA;
- any Qualifying Sale made between a Referee and the participating User;
- any Qualifying Sale exceeding the limit of such sales for one Referee as determined by ENEBA;
- any Qualifying Sale made by the Referees exceeding the limit of Referees attributed to a participating User.
- Creating additional Accounts or otherwise manipulating the Referral Program to artificially increase receivable commission income is strictly prohibited and will lead to suspending and (or) terminating the Accounts of all involved Users.
- In a case the participating User violates this Section 10, in addition to any other rights or remedies available to ENEBA, ENEBA also reserves the right to permanently (to the extent permitted by the law) cease payment of (and participating Users agree that they will not be eligible to receive) any and all commission income otherwise payable under the terms of the Referral Program.