Article 1 - Definitions
Agency model: This model entails that Zapagames LLC sells
the product to a buyer and delivers representing a partner.
Buy-Sell model: This model entails that Zapagames LLC sells
and delivers the product directly to the buyer. The purchase agreement is
between the buyer and Zapagames LLC.
Service: any transaction which does not constitute a supply
of goods. If there is no physical data carrier, one speaks of delivering a
service.
Purchaser: every visitor to the internet site or any natural
or legal person who is or will be in a contractual relationship of any kind
with Zapagames LLC.
Product: standard software in the form of digital codes.
Distance contract: an agreement between the entrepreneur and
the consumer under an organized system for distance selling of products,
digital content and/or services until the conclusion of the agreement
exclusively or shared use is made of one or more means of distance
communication.
Means of distance communication: means that can be used to
conclude a contract, without the consumer and entrepreneur have to be met in
the same room.
Right of withdrawal: the ability of the purchaser to abandon
the distance contract within the cooling-off period.
Article 2 - Identity of the entrepreneur
Zapagames LLC B.V.
Location & visiting address
88 Lexington St,
Auburndale, MA, 02466, USA
E-mail: support@Zapagames.com
Support Business Hours: 9am - 6pm CE(S)T, from
Monday-Friday / Weekends - limited
MA Company ID: 001765117
Article 3 - Scope of application
1. These general conditions apply to every offer of Zapagames
LLC and on any on distance concluded contract between Zapagames LLC and
purchaser.
2. The conditions are accessible for everyone and included
on the internet site of Zapagames LLC. Upon request, a paper copy will be sent.
3. The provisions in these general terms and conditions can
only be admitted if expressly agreed in writing and in which case the other
provisions of these terms remain in full force.
4. Zapagames LLC reserves the right to change these terms
and conditions to adapt to the regulatory standards of Netherlands.
5. Through the use of the internet site of Zapagames LLC
and/or placing an order the purchaser accepts the terms and conditions as well
as all other rights and obligations such as can be found on the internet site.
Article 4 - Offers
1. If an offer is subject to a limited duration or subject
to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of
the offered products, digital content and/or services. The description is
sufficiently detailed to a proper assessment of the offer by the purchaser as
possible. If Zapagames LLC using pictures, these are a true reflection of the
products and/or digital content. Obvious mistakes or obvious errors in the
offer in principle, not be binding on the Zapagames LLC and give no reason for
compensation and/or dissolution.
3. Each offer will contain such information that for the
purchaser will be clear what rights and obligations are involved in accepting
the offer.
4. An offer is valid while supplies last.
Article 5 - The agreement
1. The agreement is subject to the provisions of paragraph
3, concluded at the time of acceptance by the purchaser of the offer and comply
with the corresponding conditions.
2. Purchaser and Zapagames LLC explicitly agree that by
using electronic forms of communication a valid contract is concluded, as soon
as the conditions laid down in article 7 are met. The lack of an ordinary
signature does not affect the connecting power of the offer and the acceptance.
The electronic files of Zapagames LLC will as far as the law permits, shall be
construed as a presumption of proof.
3. Zapagames LLC takes appropriate technical and
organizational measures to secure the electronic transfer of data and provides
a secure web environment. With regard to the electronic payment takes Zapagames
LLC appropriate safety measures.
4. Zapagames LLC can inform themselves within statutory
frameworks – or the purchasers' ability to fulfill his payment obligations, as
well as all facts and factors that are important for a responsible conclusion
of the distance contract. If the Zapagames LLC on the basis of this research
has good reasons not to go to the agreement, he is entitled to refuse an order
or request or motivated to implement special conditions.
Article 6 - Right of withdrawal
1. For the products of Zapagames LLC is, in accordance with
the Distance selling Law, no right of withdrawal of application.
2. The buyer is responsible for ordering the correct
product. Zapagames LLC cannot be held accountable by the buyer for ordering the
wrong code.
Article 7 - The price
1. During the period mentioned in the offer prices of the
offered products are not increased, except for price changes due to changes in
VAT rates.
2. By way of derogation from the previous paragraph can Zapagames
LLC products whose prices are subject to fluctuations in the financial market
and where Zapagames LLC control, with variable prices. These fluctuations and
the fact that any price are indicative will be mentioned in the offer.
3. The offered products prices are expressed in euros and
VAT included.
4. All prices on the site are subject to pressure/and
typesetting errors. For the consequences of pressure/and put errors no
liability is accepted. Manifest (manipulation) errors in the quotation, such as
obvious inaccuracies, also after the conclusion of the agreement by Zapagames
LLC be corrected.
Article 8 - Payment
1. When ordering via the internet site can be paid through
the Bank or iDeal. Upon receipt of the payment the order will be processed and
the products will be shipped. Other payment options will be made known through
the internet site or by written communication from Zapagames LLC.
2. Terms of payment can only be agreed in writing and then
under agreed conditions. In case a payment between the purchaser and the Zapagames
LLC has been agreed, only expiry of that period, the purchaser is in default.
3. When not or not timely paying the extra costs are always
borne by the purchaser.
4. At the expense of the purchaser also all (outdoor) court
costs of any kind, that Zapagames LLC due to the non-fulfilment by the
purchaser of his (payment) obligations.
5. In the event of late payment Zapagames LLC is entitled to
dissolve the agreement with immediate effect or (further) to suspend delivery
until the purchaser has complied with the payment obligations fully, including
the payment of interest and costs.
Article 9 - Delivery and execution
1. Zapagames LLC will take the greatest possible care when
receiving and implementing orders for products.
2. The product is delivered to the buyer via the “Buy-Sell
model” or the “Agency model”. All keys are delivered via the “Buy-Sell model”
unless it specifically states that it’s delivered via the “Agency model”. The
decisions made in these terms and conditions apply to both models unless
explicitly stated otherwise.
3. When a purchase is made through the “Agency model”, the
buyer acknowledges that the purchase agreement is established between buyer and
partner and that Zapagames LLC is not involved with this purchase agreement
and/or only operates as a mediator in delivering the product and handling the
payment.
4. The place of delivery is the email address that the
purchaser has made known to Zapagames LLC.
5. Zapagames LLC uses a fully automated delivery system,
holding;
• iDeal payments are processed immediately and the order is
immediately sent to the email address specified by the buyer.
• Creditcard payments will be processed within 24hours, and
could take longer if it has to be processed manually.
• Sofort payments are processed immediately and the order is
immediately sent to the email address specified by the buyer.
• Giropay payments are processed immediately and the order
is immediately sent to the email address specified by the buyer.
• Mister Cash payments are processed immediately and the
order is immediately sent to the email address specified by the buyer.
• Payments by bank transfer are also fully automated
processed and delivered. (This is the waiting time about a working day)
6. If delivery is delayed, or if an order is not or only
partially carried out, the purchaser will be notified by email or phone
message. The purchaser has in this case the right to terminate the contract
without penalty and right to possible compensation.
7. After dissolution in accordance with the preceding
paragraph, the amount that the purchaser has paid Zapagames LLC will be
refunded without delay.
8. The risk of loss or damage of the product which is the
subject of the agreement, goes on the customer of the customer at the time they
legally and/or actually delivered and thus in the power of the customer or of a
third parties to be appointed by the customer.
9. All orders, completed without 3D Secure protocol, will be
held for further verification process to prevent fraud attempts. The purchaser,
will be notified via e-mail with the verification process steps, which are need
to carry out, before completing the order and the delivery of the product.
Those include: ID and card photos with names and last 4-digits of the card
visible. Other sensitive data can be hidden.
Article 10 - Liability and warranty
1. A screenshot of the bank regarding the payment is to
provide evidence with respect to the warranty.
2. Zapagames LLC warrants that the deliverables meet the
usual requirements and standards that can be held and be free of any defects as
well.
3. Without prejudice to the provisions of this article, can
be no warranty if;
• The original invoice can not be produced, is changed or
made illegible;
• There is a defect as a result of not corresponding with
the destination-or improper usage of the product;
• Damage is caused by intent, gross negligence or
negligence.
4. In addition to these statutory warranty provisions
warranty provisions remain in force.
5. Any guarantee arrangement offered by Zapagames LLC is
without prejudice to the rights which the purchaser can assert against Zapagames
LLC on the basis of the law and the distance contract.
6. Any guarantee granted by the manufacturer or the importer
does not diminish the rights which the purchaser towards Zapagames LLC can do
under the law, the contract and the guarantee granted by Zapagames LLC.
7. Zapagames LLC is not liable, if and in so far as its
obligations cannot be met as a result of force majeure.
8. Force majeure means any of her circumstance, thus
fulfilling its obligations to the purchaser in whole or in part is prevented.
To those circumstances include strikes, fires, business failures, power
failures, not or non-timely delivery by suppliers or other third parties.
9. In case of force majeure Zapagames LLC reserves the right
to suspend its obligations and is also entitled to terminate the contract in
whole or in part, or to claim that the content of the agreement is amended that
execution remains possible. In no case shall Zapagames LLC be held any fine or
compensation.
10. In no case shall Zapagames LLC be held liable or be held
responsible for loss of any kind caused by use of this website including
problems arise between purchaser and Zapagames LLC. Also no guarantee is given
for the faultless and uninterrupted functioning of the site.
11. Zapagames LLC cannot be held responsible for not working
of the product if this is due to lack of resources to the purchaser.
12. Zapagames LLC is never obliged to pay any compensation
to the purchaser or to others, unless there is intent or gross negligence on
the part of Zapagames LLC. Zapagames LLC shall never be liable for
consequential or indirect damage, business interruption and loss of turnover.
13. If, Zapagames LLC, for whatever reason, is required to
compensate any damage compensation will not exceed an amount equal to the
invoice value with respect to the product or service which the damage is
caused.
Article 11 - Performance Agreement and reservation of
title
1. Zapagames LLC guarantees that the products and/or
services fulfill the contract, the specifications stated in the offer, the
reasonable requirements of reliability and/or usability and on the date of the
conclusion of the agreement existing legal provisions and/or Government
regulations.
2. After full payment is the product property of the client.
3. The purchaser acknowledges that all intellectual property
of displayed information, communications or other expressions concerning the
products and/or in connection with the website are owned by Zapagames LLC, its
suppliers or other copyright holder.
Article 12 - data management
1. Zapagames LLC respects the privacy of the users of the
internet site and assume a confidentiality of the personal data. Zapagames LLC
taking the applicable privacy regulations and legislation in account.
2. Zapagames LLC adheres to the personal registration law
and will not provide your data to third parties.
3. Purchaser may at any time via email to ask what data on
purchaser are processed. Purchaser can email requests to improve, supplement or
other corrections with regard to this information, Zapagames LLC will process
it as soon as possible. If no appreciation is stated on receiving more
information than the purchaser must let know Zapagames LLC, by e-mail, in
advance.
4. The received information is not shared with third parties
with the exception of web applications that are used for the webstore of Zapagames
LLC. Among which is included the Trustpilot review system. This information is
only used to serve this application and are not shared anywhere else.
5. The site of Zapagames LLC can contain advertisements of
third parties or links to other sites. On the privacy policies of third parties
or their sites Zapagames LLC has no effect and is therefore not responsible.
Article 13 - Refund Policy
Zapagames LLC
does not issue refunds for digital products once the order is confirmed and the
product key is revealed and dispatched to the customer.
Article 14 - Applicable law/competent court
1. On agreements between Zapagames LLC and the purchaser to
which these general conditions relate, exclusively Dutch law is applicable.
2. Disputes arising from an agreement between Zapagames LLC
and purchaser which can be solved by mutual agreement, the competent judge in
the District of Arnhem/Zutphen takes knowledge, unless Zapagames LLC prefer the
dispute to the competent judge of the place of residence of the purchaser. With
exceptions of the disputes that belong to the competence of the District Court.
Article 15 - Additional or different provisions
1. Additional or different terms these terms and conditions
may not be to the detriment of the purchaser and must be recorded in writing or
in such a way that the purchaser can be stored in an accessible manner on a
durable medium.
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