[4.] Please be advised that the Terms and Conditions may change from time to time in accordance to the procedure provided in Section 3 below. Before making any Order 8keys.de strongly recommends to the Customers to read the Terms and Conditions in order to fully familiarize themselves with the particular terms on which the Order will be made.
- Account – an account which gives a possibility for the Customer to use services provided in Website and get all of the benefits from it.
- Customer – a person who has registered an Account on the Website and has an intention to purchase a Product by using Services provided by 8keys.de .
- 8keys.de – 8keys GmbH, with our registered office at Steinerne Furt 72, 86167 Augsburg, Germany
- Order – a placement of an instruction for purchase of digital goods or services by a Customer via the Website.
- Product – digital content which has the activation code and can only be used after it is activated on the Customer’s computer platform.
- Sales Contract – any contractual agreement between the Customer and Vendor which obliges Vendor to transfer the ownership of digital content to the Customer and the Customer to pay the price of it.
- Service – one of the services which are provided by 8keys.de as described in these Terms and Conditions.
- Terms and Conditions – this set of rules that determines rights and obligations of Customers and 8keys.de and use of Website terms.
- Website – a website which is approachable on the internet platform under the address: www.8keys.de
6. Applicability of the Terms and Conditions
[6.1] Customers who are prohibited from using the Website due to the regulations of the state or regional restrictions, including the country/region of current residence of the Customer and place of use of services, are hereby asked to refrain from using the Website.
[6.2] The Customer confirms that they are at least 16 (sixteen) years old or reached age under respective country’s laws which allow them to assume responsibility for obligations emerging from contractual relations and have a full capacity to take legal actions. Also, the Customer confirms that there are no restrictions under respective country’s laws to use services provided by 8keys.de.
[6.3] 8keys.de has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of Terms and Conditions on the Website. It is the Customer’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using of the Website and the Services, the Customer confirms being bound by all changes to the Terms and Conditions. The amendments of Terms and Conditions come into effect in 10 (ten) days after the announcement on the Website unless it is explicitly stated otherwise.
[6.4] 8keys.de communicates with the Customer by sending e-mails or through the Website Account’s electronical system by leaving notices to them. The Customer unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that 8keys.de electronically provides meet any legal requirements of such communication in writing.
7. Forming a Sales Contract
[7.1] Each Order placed by the Customer through the Website shall be deemed to be an offer by the Customer to buy Products subject to these Terms and Conditions. 8keys.de has the right to verify Customer’s method of payment, billing and shipping addresses before accepting the Customer’s Order. 8keys.de shall either expressly accept by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part. Any form of acceptance by 8keys.de will result into a Sales Contract between 8keys.de and the Customer, governed by these Terms and Conditions.
[7.2] The Customer can purchase Products (codes) to activate games through the game’s platform. No Order shall be considered to be accepted by 8keys.de until the ordered Products (digital goods) have been made available and the Customer receives the relevant confirmation email. 8keys.de shall attempt to notify the Customer in case 8keys.de declines to accept an Order using the email address or other contact information the Customer has provided with the Order. Once the code has been validated (by being accepted by the platform), it will be considered as “used”.
[7.3] No terms, conditions or specifications – or any similar wording or document – endorsed upon, delivered with or contained in the Customer’s Order, shall form part of the Sales Contract entered into upon Order confirmation simply as a result of such document being referred to in the Sales Contract and the Customer waives any right which it otherwise might have to rely on such terms.
[7.4] 8keys.de shall execute Orders to the Customer’s requirements but may – at its sole discretion – provide substitute Products where requested by the Customer, or where the Product has been superseded by the latest version. For the avoidance of any doubt, any past accommodations of such Customer requests shall not be construed as past contractual performance upon which a Customer may require 8keys.de to continue accommodating such requests in the future. To the extent that Orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back Order to be fulfilled when 8keys.de next has available stock or be cancelled and refunded to the Customer.
[7.5] Both 8keys.de and the Customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in the Sales Contract entered into upon Order confirmation or in any confirmation email; without however such confirmation email constituting an amendment of the Terms and Conditions governing such Sales Contract. Nothing in these Terms and Conditions shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.
[7.6] Instructions for making payments through the Website could be find here. These instructions are the integral part of the Terms and Conditions.
8. Termination and refunds
[8.1] Considering the digital nature of the Products (keys) marketed and sold through the Website, the Customer may submit a request for a refund to the absolute condition that the purchased Product (code) has not been used. Refund requests have to be filled through the Customer Support section of the Site within 14 (fourteen) days of the delivery of the Product (key) by 8keys.de to the Customer.
[8.2] In accordance with the law, the Customer has waived their right of withdrawal automatically as soon as the Product (code) has been sent to him. If granted anyway, the refund process may take up to 14 (fourteen) days to be completed.
[8.3] Please note, that in specific cases 8keys.de will not be able to check whether the Product has been used after the purchase. In such cases, the Customer by purchasing the Products waives their right to request a refund.
[8.4] If granted, 8keys.de will refund you on the same payment source on which the original payment was made.
9. Product prices
[9.1] The prices of the Products will be as quoted on our Website from time to time. 8keys.de takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, Section 5.3 will apply.
[9.2] Prices for 8keys.de Products may change from time to time, but changes will not affect any already concluded Sales Contracts.
[9.3] 8keys.de Website contains a large number of Products. It is always possible that, despite 8keys.de reasonable efforts, some of the Products on the Website may be incorrectly priced. If 8keys.de discovers an error in the price of the Products the Customer has ordered 8keys.de will write to the Customer, to inform the Customer of this error and 8keys.de will give the Customer the option of continuing to purchase the Product at the correct price or cancelling Customer’s Order. 8keys.de will not process Customer’s Order until 8keys.de will have Customers’ instructions. If 8keys.de is unable to contact the Customer using the contact details provided by the Customer during the Order process, 8keys.de will treat the Order as cancelled and notify the Customer. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by the Customer as a mispricing, 8keys.de does not have to provide the Products to the Customer at the incorrect (lower) price.
10. User Accounts
[10.3] All persons, who want to have access to all Services provided by 8keys.de, must agree with the 8keys.de requirement that they have access in using tools to localize Account’s computer device with the purpose to identify country from which the registration is performed.
[10.4] At any time if 8keys.de thinks that the Account is at high risk of making damage to any person, 8keys.de has all the rights to suspend the use of the Account by restricting access logging into the Account, withholding transactions and etc. After the risk is eliminated (in the sole discretion of 8keys.de), 8keys.de shall re-activate the Account. In the situation where the manager of an Account violates law or these Terms and Conditions, 8keys.de has the right block the Account. 8keys.de shall be entitled to suspend or block the use of the Account provided that in the opinion of 8keys.de any other circumstances occur which may result in risk to any person or breach of laws.
[10.5] 8keys.de also has the right to ask Customers to submit eligible documents (copies or scans) to authenticate appropriate information which was fulfilled in registration form. If required documents will not be submitted within 10 (ten) days, 8keys.de has the right to suspend access to the Account or withhold any other actions taken by Customers.
[10.6] Customers are responsible for reasonable care of the Account and they must ensure that the e-mail address is up to date. 8keys.de is not responsible for the situations where Customers do not receive information because of their negligence.
[10.7] In the situation where 8keys.de decides that the Website must be modernized or it is having technical problems, 8keys.de has the right to restrict the possibility of logging into the Account or using respective Services or even general access to the Website.
[10.8] Customers acknowledge that giving any information about their Account could cause damage to 8keys.de or third persons. They are liable of securing that type of information and in the case where they fail to ensure that, Customers are responsible for eliminating all caused damage.
[10.9] The Customer shall not use other Accounts and will not make their Accounts available to other Customer or any third parties. Exception to the rule in this Section above shall be for enabling any employees or other properly authorized persons of the Customer to act on behalf of the respective Customer. However, any and all responsibility for actions and outcomes of persons which had access to the Accounts of the respective Customer shall be assumed by the respective Customer.
11. Terms and Conditions of Use
[11.1] In accordance with these Terms and Conditions, 8keys.de grants Customers a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services provided by 8keys.de. Such license is strictly limited to functionalities of the Website.
[11.2] Customers are bound not to abuse 8keys.de services and only use it as it is established by law and these Terms and Conditions. Inappropriate use of services could cause negative effect to 8keys.de or third persons and if Customers violated the use of Services, they are responsible for the elimination of all caused damage.
[11.3] All rights of 8keys.de or their licensors, suppliers, owners or other persons are protected even if it is not expressly granted in these Terms and Conditions.
[11.4] Any intellectual property objects on the Website, except for those uploaded, transmitted, made available, published by Customers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Website constitute intellectual property of 8keys.de. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights.
[11.6] 8keys.de is allowed to provide Customers hyperlinks on Website with other Product’s providers (i.e. banners, channels) leading them to the websites of such providers. 8keys.de is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. 8keys.de recommends reading all documents in sites of providers. Customers acknowledge that 8keys.de has no control in these providers actions.
[11.7] Customers including, but not limited to, confirm and state that they:
- they will not act in a way it could have negative effect to 8keys.de, Partners, other Customers or third persons with a result of caused damage, worsened reputation and etc.;
- they will not use 8keys.de services on the Website or Website itself with illegal purposes or in another way which is not unacceptable;
- they will not use more than one Account for buying Products or using 8keys.de services on the Website and will not use VPN connection;
- the representations and warranties indicated in Sections 1- 7.2above are mutatis mutandisapplicable to the Customers.
All the actions mentioned above include attempts of performing one of them or creating circumstances for such actions to materialize.
[11.8] By posting or publishing their own materials on the Website or by any other distribution of such to 8keys.de, the Customer grant an irrevocable, permanent and free of charge license, to use these materials, including, but not limited to, present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related and otherwise, for the sole purpose of more suitable functionality of 8keys.de and the Website.
[11.9] Obligations of 8keys.de
8keys.de will co-operate with Customers with regards to all of the questions related to appropriate provision of Services. Communication between 8keys.de and Customers will proceed through the Website’s help center or e-mail.
[11.10] 8keys.de will provide the Customers with technical support provided they encounter any problems in relation to the functionality of the Account and the Website.
12. Obligations of Customers
[12.1] Customers agree and acknowledge, including, but not limited to, that:
- they will not act in a way it could have negative effect to 8keys.de, other Customers or third persons with a result of caused damage, worsened reputation and etc.;
- they will not use 8keys.de services on the Website or Website itself with illegal purposes or in another way which is not unacceptable;
- they will not use more than one Account for buying Products or using 8keys.de Services on the Website and will not use VPN connection.
[13.1] If 8keys.de fails to comply with these Terms and Conditions, 8keys.de is responsible for loss or damage the Customer suffers that are a foreseeable result of 8keys.de breach of these Terms and Conditions or 8keys.de negligence, but 8keys.de shall not be responsible for any loss or damage that is not foreseeable to it. Loss or damage is foreseeable if they were an obvious consequence of 8keys.de breach or if they were contemplated by the Customer and 8keys.de at the time the Sales Contract was concluded.
[13.2] 8keys.de only supplies the Products for domestic and private use. The Customers agree not to use the Products for any commercial, business or re-sale purposes, and 8keys.de has no liability to the Customers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
[13.3] The Customer recognizes that 8keys.de is only an intermediary platform for marketing the Products purchased through the Website and has absolutely no involvement in the actual design and manufacture of such Products and further agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
14. Events Outside 8keys.de Control
[14.1] 8keys.de will not be liable or responsible for any failure to perform, or delay in performance of, any of 8keys.de obligations under these Terms and Conditions that is caused by an Event Outside Our Control. An Event Outside 8keys.de Control is defined below in Section 11.2.
[14.2] An Event Outside 8keys.de Control means any act or event beyond 8keys.de reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
[14.3] If an Event Outside 8keys.de Control takes place that affects the performance of 8keys.de obligations under these Terms and Conditions:
- 8keys.de will contact the affected Customers as soon as reasonably possible to notify such; and
- 8keys.de obligations under these Terms and Conditions will be suspended and the time for performance of 8keys.de obligations will be extended for the duration of the Event Outside Our Control.
[15.2] Complaint must provide this information:
- order information regarding which the complaint arose;
- what rights have been violated;
- description of the circumstances under which the rights were violated.
[15.3] Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction.
[16.1] The Customer can terminate the agreement with 8keys.de by removing his or her Account from the Website. It can be done by submitting the request at his or her Account’s system. 8keys.de deletes the Account within 7 (seven) days after the day the request was submitted. During this period, the Customer has the right to cancel the removal of the Account.
[16.3] During the period of agreement termination, the Customer cannot create another Account on the Website.
17. Final provisions
[17.2] Without the permission of 8keys.de, Customers have no right to transfer their obligations, claims or rights to third persons. Customers agree that 8keys.de shall have the right to transfer its’ rights and obligations arising from the agreements to third persons. 8keys.de will inform of such transfer in the Website.
[17.3] If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
[17.4] These Terms and Conditions and the relations between 8keys.de and Customers in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
[17.5] Except otherwise provided in these Terms and Conditions, no delay of 8keys.de or Customer to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
[17.6] All the data and information stored in the Website can be used by 8keys.de on purpose to its’ functioning.
[17.7 Communication with 8keys.de support proceeds through the e-mail address firstname.lastname@example.org
[17.8 Different countries’ laws may cause unavailability for some Customers to use respective services of the Website.
[17.9 In the event Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise