Terms and Conditions game-balance.com since 1.8.2017These general terms and conditions apply to purchases in the online store game-balance.com. The conditions specify the rights and obligations of the seller and the buyer
Name: SLEVHRY.CZ s.r.o.
Registered office: Jindřicha Plachty 596/8, Smíchov, 150 00 Praha
Bank details: 2901565446/2010 Fio Banka a.s.
Registered: Office competent according to §71 paragraph 2 of the Trade Licensing Act: Prague 5 District Office
Extracts from authorities: Extract from registers of economic entities CZSO in Res
Phone: +420 607 730 350 (jen autorizacni SMS)
Contact address: Jindřicha Plachty 596/8, Smíchov, 150 00 Praha
Opening hours: every day, including holidays and weekends from 10:00. to 17: 00h.
In the event of a game-balance.com Information system failure, the seller is not responsible for non-compliance with operating hours.
The seller undertakes to respond to written or electronic correspondence (e-mail) by the buyer without delay, but no later than within five working days from the delivery of written or electronic correspondence.
(hereinafter also “Seller“)
The photos listed on game-balance.com May not fully match the item being sold, so the buyer acknowledges that the photos of the item being sold may vary.
The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (VAT) and fees, except for the cost of delivery of goods.
Information on accepted payment methods is provided here. Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer and at the same time he is obliged to register the received sales with the tax administrator online. However, in the event of a technical failure, within 48 hours at the latest.
Confirmation of the content of the contract concluded via the website, which shows deviations from the actually agreed content of the contract, has no legal effect.
The legal relationship between the seller and the buyer is governed by the terms and conditions and Act No. 89/2012 Coll. Civil Code.
The buyer is a consumer or entrepreneur.
A buyer consumer, or just a consumer, is a person who, unlike the seller, does not act within the scope of his business activities or the independent performance of his profession in concluding and fulfilling the contract.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.
(hereinafter referred to as the “Buyer“)
1. Purchase contract and personal data protection
1.1. The buyer selects the internet coupons that are the subject of the purchase agreement from the list of goods on the website game-balance.com At the address given in the contact details. The seller does not always guarantee the availability of all items. The seller will deliver the goods to the buyer complete, no later than within 5 days of order confirmation, unless the individual goods specify a different delivery time. The subject of the contract are internet coupons for computer games in the form of securities of their kind or computer games and programs. Price and method of delivery - information here.
1.2. Internet coupons contain computer code or digital content of numbers and characters or the electronic currency of the electronic money issuer. By using online coupons, the buyer obtains the appropriate game or application from the operator. Online coupons replace electronic money in games and applications. The seller is only a distributor. The seller is responsible for delivering the online coupon of the game and application publisher to the buyer. By doing so, the buyer obtains the available balance of money in the game or in the application.
1.3. Goods intended for sale in the online store are for information only for the seller, it is only an invitation to submit an offer to purchase goods. However, by sending the goods to the cart, the buyer carries out the transaction, as an offer according to §1732 of the Civil Code (Legal action aimed at concluding a contract). By sending the order to the buyer, the goods in the cart will be saved for booking in the system game-balance.com.
1.4. Before processing the goods in the cart, the online store will calculate the total price for the goods, including fees, and the buyer will be asked to approve the order. The buyer can check and change the data in the order before sending the cart to the operator.
1.5. Orders placed by buyers through the game-balance.com Online store will be confirmed by the seller first. At this point, the order is binding for the buyer. Order confirmation will be processed via e-mail correspondence.
1.6. The seller may cancel the buyer´s order without giving a reason until the moment of the purchase contract. By canceling the order, the seller will state the reason why he cannot confirm the order. Cancellation of the order after the conclusion of the purchase contract is possible only with the prior agreement of the seller and the buyer or for legal reasons according to the Constitution of the Czech Republic.
1.7. By placing an order, the buyer confirms acquaintance with the business conditions of the online store and the buyer agrees with them in all respects, and even in the case of electronic submission, the buyer´s e-mail address and telephone number are sufficient.
1.8. The buyer agrees that the personal data provided by the seller will be processed and stored in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) For the purpose of fulfilling the subject of the contract. The buyer has the right to be informed what data the seller records about him and is entitled to change this data, or to express his disagreement with their processing in writing. Personal data protection is supervised by the Office for Personal Data Protection.
1.9. The seller undertakes not to provide the buyer´s personal data to third parties other than the contractual carrier for the purpose of delivery of goods. The seller will allow the purchase without registration, while the data of unregistered buyers will be used exclusively for the performance of the subject of the contract, not for marketing or business purposes.
1.10. The seller is entitled to send the buyer his own commercial message only if the buyer actively requests it, and only until the buyer informs the seller that he wants to stop sending. The buyer can make this communication to the e-mail address obtained in connection with the performance of the contract without incurring any costs.
2. Rights and obligations of the seller
2.1. The seller may postpone the delivery date of the goods if there is a suspicion that the seller has violated the terms and conditions during the previous acts of purchase of goods. By doing so, the buyer or another third party has been misled or another law has been violated. The seller may hereby request from the buyer more personal data necessary to identify the buyer.
2.2. When accepting the order, the seller is obliged to hand over the ordered goods to the buyer as soon as possible from the moment of receiving the order and paying the purchase price. If the seller is unable to meet the deadline for delivery indicated on the page with the relevant goods, he is obliged to notify the buyer by telephone or e-mail and specify an alternative delivery date for purchase. This applies in particular to goods that are not in stock or in stock in limited quantities.
2.3. The seller has the right to reject the order, for example, if the buyer repeatedly and properly fails to fulfill its obligation to collect the goods or pay the purchase price, or for other reasons. The buyer will be informed of the order rejection without delay. The seller is obliged to deliver the goods without defects, with specified properties. The goods are considered delivered to the e-mail address or to the telephone number specified by the buyer.
3. Rights and obligations from defective performance
3.1. The buyer is obliged to take over the ordered internet coupons and duly pay the contract price for them. The buyer is always obliged to provide true information about himself, delivery address, telephone number and e-mail address to which the ordered goods are to be delivered, if the buyer provides false or incorrect information, it will no longer be taken into account in later complaints.
3.2. If the buyer uses the registration service of the site game-balance.com, He is obliged to protect his access data from misuse by a third party. The seller is not entitled to verify the identity of the buyer. In cases of misuse of a mobile phone, cash, payment card or bank account, etc., the seller is entitled to provide personal data to a third party for the necessary cooperation (in the investigation) consisting in the transfer of data on the implementation of the contractual relationship. The buyer acknowledges that he is obliged to assert his rights independently and that the seller cannot perform these acts on behalf of the buyer, furthermore, the seller is not responsible for the misuse of user accounts in games or applications by a third party. The buyer must address this fact with the manufacturer of the games or applications.
3.3. The seller and the buyer have contractually agreed that in the case of electronic delivery of the internet coupon, eg by e-mail or SMS, the condition when the goods were sent to the buyer is considered to be confirmation of receipt. The seller and the buyer have contractually agreed that by opening an e-mail or sms containing the internet coupon (digital), in any device, data or display messages containing the internet coupon are considered a violation of the packaging and any complaints expire and the internet coupon is hereby takes as used. The seller declares that he is doing his business in good faith.
3.4. Before purchasing an internet coupon, the buyer is obliged to study the game or application for which he wants to purchase an internet coupon and the associated regional localization and validity of the internet coupon for an individual region (Country). Furthermore, before sending the order, study in detail the parameters (software, hardware) required by the computer for the game or application.
3.5. The buyer always acknowledges that within digital internet coupons, the provision of a link eg (in the STEAM service) to download the installation files is one-time and linked to his user account. The buyer is always obliged to make any backup himself, if he does not do so, he loses the opportunity to download the installation file again. The seller is not responsible for the parameters of the buyer, his internet connection and for any outages and damages. The buyer must address this fact and apply it to the internet connection provider.
4. Payment methods and method of delivery
4.1. The seller sells the buyer an internet coupon via electronic delivery via e-mail or text message to the phone number specified by the buyer. The seller delivers internet coupons within the territory of the Czech Republic.
4.2. The buyer will pay the total amount of the purchase price for the internet coupon by bank transfer (regular and fast), payment card (online), mobile phone (credit and flat rate), superCASH payment method at SAZKA terminals or EUROPAY terminals. By transferring the total amount to the seller´s account under the appropriate variable symbol that identifies the payment. The purchase price of the internet coupon is considered paid at the moment of processing the transaction in order to pay the entire purchase amount to the seller´s account (Czechia: 2901565446/2010 Fio Banka a.s. Fio Banka a.s.)
4.3. If the buyer has chosen the option of delivery of the Internet coupon, as electronic (e-mail, sms) grants this order (power of attorney) to the seller to violate the packaging of goods and clear the code box to send a license or activation code electronically.
5. Dispute resolution between the seller and the buyer
5.1. Mutual disputes between the seller and the buyer are resolved by ordinary courts.
5.2. Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court.
5.3. Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The application may be submitted no later than 1 year from the date on which the consumer exercised his right in dispute with the seller for the first time.
5.4. The seller undertakes to seek, as a matter of priority, out-of-court settlement of disputes with the buyer, unless the buyer rejects them. Out-of-court settlement of a dispute can also be done through the VašeStížnosti.cz service on the website www.vasestiznosti.cz.
5.5. This procedure is not mediation pursuant to Act No. 202/2012 Coll., On Mediation, as amended, nor arbitration pursuant to Act No. 216/1994 Coll., On Arbitration and the Enforcement of Arbitral Awards, as amended, and its use is not the right of the parties to apply to the Czech Trade Inspection Authority or to a court is not affected.
5.6. During the out-of-court settlement negotiations, limitation and prescription periods under the Civil Code shall not run or begin to run until one of the parties to the dispute expressly refuses to continue the proceedings.
6. Complaint handling
6.1. The buyer is obliged to file a complaint with the seller or the person designated for repair (exchange) without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint. The form can be downloaded here: claim
6.2. The buyer acknowledges that a defect in the online coupon will only arise if the buyer incorrectly inserts the online coupon into the game or application. The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part of them are exchanged, the seller´s liability shall apply as if it were a purchase of new goods or part thereof.
6.3. The seller guarantees the functionality of internet coupons in the Czech Republic, but does not guarantee the functionality of internet coupons in other countries. The seller provides a quality guarantee only if it is guaranteed by the manufacturer of the goods. The warranty period of the online coupon starts from the moment of its delivery.
6.4. Liability for defects in online coupons or their warranty does not apply to defects caused by the malfunction of the program through which the online coupons were exhausted. Furthermore, natural disasters that damaged the coupons or improper use or installation of an online coupon.
6.5. The buyer is obliged to check the online coupon upon receipt. In the event of a breach of this obligation, if the buyer did not report the defect in time, the buyer loses the right to withdraw from the contract as a result of the provisions of § 21111. The buyer complains about the goods in the form of a registered letter. Within 5 working days, the buyer will be sent information about the next complaint procedure and its settlement.
6.6. The buyer is obliged to send the claimed goods in the original packaging if the product has them. If the complaint is recognized as justified, the buyer has the right to demonstrably incurred shipping costs in the lowest necessary amount necessary for the safe delivery of the claimed goods. In the event of an unjustified complaint, the buyer is not entitled to reimbursement of costs incurred on his part. If the seller does not receive the claimed goods within 7 days, the complaint is considered unresolved and the buyer loses his right to the complaint.
6.7. According to Act No. 634/1992 Coll. the deadline for settling the complaint is set at 30 days. The settlement of the complaint is assessed by an authorized person. The buyer will be notified by telephone or in writing about the progress of the complaint. However, if the complaint is not accepted and is considered unjustified, a fee will be charged for damages incurred by this seller at 1,000 CZK.
6.8. The buyer is obliged to inform the seller which right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of option without the seller´s consent is only possible if the buyer has requested a correction of the defect, which proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
6.9. Substantial breach of contract (irreparable defects) the buyer has the right to eliminate the defect by delivery of a new item or to eliminate the defect by repairing the item further at a reasonable discount from the purchase price of the internet coupon or withdraw from the contract. By a material breach of the contract (remediable defects), the buyer has the right to eliminate the defect or a reasonable discount on the purchase price of the Internet coupon if the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract.
7. Order cancellation and withdrawal from the contract
7.1. The buyer has the right to withdraw from the purchase contract in the event of the seller´s delay in the delivery of goods or games and applications. If the seller has not delivered the goods within the agreed period, the buyer is entitled to withdraw from the contract, either in writing or by e-mail.
7.2. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code has no right to withdraw from the contract for the supply of digital content if it was not delivered on tangible media and was delivered with the prior express consent of the consumer.
7.3. The buyer acknowledges that in the case of digital distribution of goods (internet coupons for computer games and applications) has the option to withdraw from the contract only if the buyer has not yet been delivered in the form of delivery by e-mail activation key or download link. Delivery of the performance in the manner described is considered a violation of the packaging of the goods. This does not terminate the buyer´s right to claim the purchased goods in the event of a malfunction of the sent link or activation key.
7.4. The buyer may withdraw from the contract within 14 days of receipt of the goods and apply in writing, and this must be sent within 14 days of receipt of the goods.
7.5. The seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days of withdrawal from the contract in the same way as he received payment from the buyer. If the seller offers several options within a certain method of delivery of goods, he is obliged to replace the cheapest of them to the buyer. The buyer is obliged to send or hand over the purchased goods to the seller within the same period. The goods should be returned to the seller complete, preferably in the original packaging, must not show signs of wear, damage or depletion of credit or money. The cost of returning the goods is borne by the buyer. If the buyer does not do so, otherwise the seller will exercise against the buyer the right to issue unjust enrichment or the right to compensation for damage incurred by the buyer´s actions, which will be made by unilateral set-off against the purchase price equal to the reduced value of goods or unjust enrichment.
7.6. The seller is entitled to withdraw from the contract until the moment of sending the order. In case of unavailability of the goods specified by the manufacturer, or if the goods can no longer be purchased or the price of the goods has changed. The seller is entitled to withdraw from the contract due to late payment of the buyer. Furthermore, the seller may withdraw from the contract if the buyer does not provide the necessary cooperation in the delivery of goods.
7.7. The buyer is obliged not to disclose his personal or registration data to a third party in order to prevent misuse of personal or registration data, such as telephone number, address, credit card number or payment gateway PIN. If the buyer passes on his / her telephone number, payment PIN or other confidential item that leads to the misuse of the buyer´s money, the buyer cannot claim compensation from the game-balance.com Portal. If the buyer has provided any of the above information and suspects the misuse of funds, he will immediately contact the police.
8. Other regulations
8.1. Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) Ands other legal regulations, as amended.
8.2. The contract and related issues are governed by Czech law. Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.
8.3. The business conditions are valid and binding for all purchase contracts concluded between the seller and the buyer. By sending the order, the buyer unreservedly accepts all provisions of these terms and conditions as valid on the day of sending his order, as well as the price of the ordered goods valid on the day of sending the order.
8.4. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code and the buyer assumes the risk of a change of circumstances in the sense of §1765 paragraph 2 of the Civil Code.
8.5. The seller archives the contracts for a period of ten years from the date of its implementation. It is available to the buyer on request. (By phone or e-mail)
8.6. If any of the items in the Terms and Conditions become invalid, the validity and enforceability of the other provisions of these Terms and Conditions shall remain unaffected.
8.7. The seller reserves the right to change these terms and conditions at any time and announce the change in the online store system game-balance.com.
8.8. These terms and conditions are effective June 1, 2017.