The following Terms & Conditions apply to the relations between any person using the Platform, in particular, the User, and Digital Pack arising from and related to the use of the Platform.
1. Definitions
1.1. The capitalized terms and expressions used in these Terms & Conditions mean:
a) Buyer – the User who enters the transaction by buying a Product.
b) Digital Pack – the company Digital Pack Limited, registered under the laws of the United States, with its registered office at 463 7th Ave, NY 10018, USA, email address: contact@digitalpack.digital.
c) Platform – a group of affiliated websites made available on the Internet from the address: digitalpack.digital.
d) Product – items, goods, and/or services in digital form, which can be downloaded by the User to their electronic device and which are not stored on any data carrier.
e) User – any person who has registered on the Platform.
f) Shipment time – dispatch time via a delivery company to the buying User.
g) Terms & Conditions – these terms and conditions, including attachments thereto.
h) Supplier – the User who uses the Platform to sell a Product.
i) Offer – the offer to sell the Product on the Platform set by the Supplier, including the Product description and a price.
j) Supplier’s ToS – individual Supplier’s Terms and Conditions of Sale, which are provided to the Buyer on the Supplier’s individual profile. The terms and conditions provided for in the Supplier’s ToS can only be more favorable to the Buyer than those given in the regulations of the Digital Pack Platform.
1.2. Any references in the Terms & Conditions to the singular include the plural and vice versa. References to one gender include all genders.
2. Acceptance of Terms & Conditions
2.1. In order to use the Platform, the User agrees to and accepts the Terms & Conditions as a whole and without reservations.
2.3. The User confirms that under the domestic laws of their country of residence, they can conclude legally binding agreements. The User agrees that they are not prohibited from using the Platform and services offered on the Platform due to domestic regulations or other restrictions.
2.4. The User acknowledges and agrees that Digital Pack has the right to make changes and modifications to the Terms & Conditions. The change or modification to the Terms & Conditions will not affect the rights acquired by the Users before that change or modification based on the existing Terms & Conditions.
2.5. Information about the change and modification of the Terms & Conditions will be provided to Users by email, in accordance with the contact details provided by the Users during registration, as well as published on the Platform.
2.6. The amended Terms & Conditions will be published on the Platform and become binding for the User fourteen days after the information about the changes is delivered to the User. For new Users, the version published on the Platform at the moment of their registration applies immediately.
2.7. The User who does not agree with the amended Terms & Conditions should resign from using the Platform.
2.8. The User may conclude with Digital Pack, through the Internet or otherwise, separate agreements related to certain rights and obligations between the User and Digital Pack. In the case of any conflict or discrepancies between the Terms & Conditions and such additional agreements, the additional agreements prevail over the Terms & Conditions unless explicitly stated otherwise. In the case of discrepancies between the Terms & Conditions and the General Sale Conditions, the General Sale Conditions prevail.
3. User account
3.1. Joining Digital Pack, using the Platform, and opening a User’s account is free of charge for the Users, with reservation in the Terms & Conditions.
3.2. Any person who wishes to benefit from the functionalities offered by the Platform is obliged to register and set up a personal account on the Platform. To complete the registration procedure, the User should fill out the registration form available on the Platform.
3.3. Each User may hold only one account on the Platform unless Digital Pack gives permission to hold more than one account.
3.4. The technical requirements for the use of the Platform include possessing a device with Internet access and software to view websites, such as an up-to-date version of a web browser.
3.5. In the registration form, the User is obliged to provide their email address, name, and surname. In the case of a User who is an entrepreneur, the User is obliged to additionally provide the address of their business premises and tax identification number (including VAT and VAT-UE number).
3.6. Once the registration process is completed, Digital Pack will assign the User a personal ID and password. The password can be subsequently changed by the User.
3.7. The User is obliged to ensure that all information provided in the registration form is updated and valid, particularly the email address used for account operation.
3.8. The User acknowledges and agrees that Digital Pack processes their personal data indicated during registration for the purposes of rendering services on the Platform and enabling proper functioning of the Platform functionalities.
3.9. The User is aware that the functionalities available on the Platform may differ depending on the country or region; thus, certain functionalities may not be available for all Users. The User acknowledges that access to certain functionalities may be restricted for selected Users.
3.10. Due to technical problems, maintenance, or introduction of changes to the Platform, Digital Pack has the right to temporarily suspend access to all or certain functionalities available on the Platform or the entire Platform. Digital Pack will take reasonable efforts to restore such access as soon as possible.
4. User ID and Password
4.1. The User will be granted access to the functionalities of the Platform after entering the ID and password on the login page.
4.2. The User is aware that the ID and password are personal and unique.
4.3. The User is obliged to keep the ID and password secret and is not authorized to share them. Sharing of the ID or password with third parties or giving access thereto to parties other than the User may cause irreversible damage to Digital Pack or Users.
4.4. The User is obliged to protect Digital Pack and other Users against losses and damage caused by the use of their account by third parties.
4.5. The User assumes responsibility for actions and outcomes of actions of parties to whom they provided access to the account, particularly actions undertaken on the Platform.
5. Payments
5.1. The payment of the Price should be executed through one of the payment channels available on the Platform or via channels authorized by the Supplier in the Supplier’s ToS.
5.2. If the Buyer uses the payment channels available with the Offer, the payment for the Product is considered successfully completed to the Supplier’s benefit.
5.3. All prices indicated in the offers on the Platform are gross prices that include applicable tax.
5.4. Any User who requests to make a payment through one of the payment channels available on the Platform acknowledges and agrees that the payment would be made through the websites of the payment services providers and that they will duly read and accept the terms and conditions available on such websites before making a payment.
5.5. Use of selected payment channels may involve payment of commissions or other fees to the payment service providers. The commissions or other fees may vary depending on the payment services provider used to execute the payment.
5.6. Payments can be refunded up to 60 days after the transaction date.
5.7. In case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.
5.8. The User confirms and asserts that the funds used to pay for any products and services offered on the Platform come from lawful sources.
5.9. All charges and commissions are denominated in EUR; otherwise, changes will be communicated. The amounts of charges and commissions are VAT exclusive and may be increased by the amount of VAT according to the provisions of applicable law.
5.10. The User is obliged to pay all such fees and taxes relating to their use of the services available on the Platform on time. If a certain payment method fails or an invoice is overdue, Digital Pack reserves its right to demand payment by another method, including all possible additional costs of such method.
6. Evidence
6.1. Digital Pack is entitled to verify the data of the User provided in the registration form or during the purchase process by requesting the User present proper, valid documents confirming said information, including an identification document or excerpts from trade registers.
6.2. The requested documents should be provided within 5 days from the day Digital Pack sends the request.
6.3. Digital Pack will use the documents solely for the purpose of verifying the User’s compliance with applicable anti-money laundering regulations and assessing their tax status.
6.4. Failure to provide these documents may constitute the reason to refuse registration on the Platform or removal of the account.
7. Purchase and Delivery
7.1. Once the payment for the Product is completed, the Buyer will receive the Product in electronic form.
7.2. Digital Pack provides Suppliers with tools on the Platform, which allows them to upload the Products to automate delivery by the Supplier and on Supplier’s sole responsibility.
7.3. Supplier might set alternative ways of delivery of the Product in the Supplier’s ToS. By making a purchase on the Platform, the Buyer acknowledges that Digital Pack operates on a dropshipping model and that Products may be shipped by third-party Suppliers.
7.4. The Product can be subsequently activated on one of the gaming platforms from which the game or software can be retrieved.
7.5. Notwithstanding the above, in the case of pre-order Products, the delivery by the Supplier must take place on the release date as set in the Offer.
7.6. In the case of self-delivery of the Product by the Supplier or payment directly to the Supplier, the Supplier is obliged to pay the commission to Digital Pack within 14 days from the day the monthly collective invoice is delivered to the Supplier.
7.7. Pre-orders can be canceled at any time up to 3 days before the release date as long as the product, or any bonuses associated with it, have not been delivered. Refund for pre-orders requested after that time may be denied.
7.8. Digital Pack may temporarily suspend the fees for promotional purposes (e.g., free bidding days) or for the development of new services. Such changes become effective once a temporary promotional period or a new service is announced on the Platform.
7.9. Pre-order Offers should be delivered to the Users by the Supplier on the day of the release. Time of pre-order delivery may vary depending on the Supplier and often results from different time zones or legal limitations. Digital Pack follows the EU release dates for all Products.
7.10. During the purchase process, the Buyer is obliged to indicate their place of residence. The Buyer confirms that they are aware that Digital Pack is in possession of tools to detect the localization of the Buyer’s network device (and the connection) regarding the country of origin from which the purchase is made and agrees that Digital Pack may undertake a verification process.
7.11. In case of discrepancies between the place of residence indicated by the Buyer and the results of verification made by Digital Pack, Digital Pack has the right to block the account of the Buyer. Digital Pack will use the documents solely for the purpose of verifying the User’s compliance with applicable anti-money laundering regulations and assessment of their tax status. Failure to provide these documents may constitute the reason to refuse the completion of the purchase process on the Platform or removal of the account.
8. Prohibited Actions
8.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that they will refrain from:
a) Using the Platform for purposes other than the use of services offered by Digital Pack on the Platform, specified in the Terms & Conditions.
b) Using the Platform for purposes not permitted by domestic or international law or aimed at the violation of such laws or third-party rights, including intellectual property rights, copyrights, personality rights, or rights relating to personal data protection.
c) Publishing false or misleading information, which may be detrimental to or may expose Digital Pack, any User, or third parties to any harm or damages.
d) Impersonating another person or entity, whether existing or fictional, or falsely maintaining to be related to any other person or entity, which may be caused or may expose Digital Pack, any User, or third parties to any harm or damages.
e) Circumventing or disabling the Platform’s security.
f) Defaming, offending, or deceiving other Users of the Platform.
g) Breaking the Platform’s source code or any parts thereof, manipulating it in any way, or modifying, adapting, translating the Platform or any parts thereof, or creating any derivative works on its basis.
h) Disturbing the Platform’s activity or disturbing other Users in using the Platform, in particular by uploading and circulating viruses or any other detrimental software such as adware, spyware, etc.
i) Discovering access passwords of other Users or breaking into the accounts of other Users, including any attempts thereto.
j) Making payments with the use of funds from unlawful or undisclosed sources, in particular coming from other people or stolen credit/debit/prepaid cards.
k) Using the Platform for money laundering purposes or any related fraudulent or criminal activities.
8.2. The Supplier acknowledges and accepts that it is strictly forbidden to, and asserts that they will refrain from:
a) Offering a Product that was used or activated before.
b) Offering a faulty or invalid Product.
c) Offering a Product that the Supplier came into possession of as a result of a crime.
d) Making an Offer in which a Product’s description is fraudulent.
e) Failure to comply with Supplier’s ToS provisions.
f) Failure to respond to Buyer’s complaints.
8.3. In the case of any violation of these Terms and Conditions and the law in force by the User, Digital Pack reserves its right and possibility to block the User’s account.
8.4. Any person whose rights were violated by any content published on the Platform is obliged to notify Digital Pack of the violation at the following email address: contact@digitalpack.digital. The notifications should indicate:
a) The right violated and the confirmation of the title to such rights.
b) The data and the location of the data on the Platform, or the website which constituted or caused the violation.
c) The evidence, including documents, proving the legal title to the data and the right to take the actions in order to protect such right.
d) Statement that the User has no right to such data.
e) Personal data of the person filing the notification whose rights were violated, including name, surname, residential address, email address, and in the case of legal persons – business name and the address of the registered seat, which will be processed by Digital Pack according to the Terms & Conditions.
8.5. Upon receipt of a credible notification, Digital Pack will immediately remove the data from the Platform and inform the User who is responsible for making available of this data on the Platform that a notification has been filed.
8.6. The User may reply to the notification by presenting the evidence which proves their rights to make available the data indicated in the notification, such as license or ownership rights to the game.
8.7. The data will be indefinitely deleted from the Platform in the case:
a) It is not possible to determine the User who made available the data on the Platform.
b) The User does not respond to the notification within fourteen days from the date when the information about such notification was sent to the user by Digital Pack.
c) The User presents no evidence that they are entitled to make available the data.
d) The User fails to conclude an agreement with the person filing the notifications, which will allow for further publication or use of the data by the User on the Platform.
e) Notification is submitted by competent authorities.
f) Digital Pack receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.
9. Customer Protection Program
9.1. Under the Customer Protection Program for an increased price for the Product (on conditions set forth in point 7) the Buyer is entitled to receive:
a) The replacement product in case the purchased Product had any defects or was different from the description.
b) In case a replacement cannot be granted, refund of the sale price.
9.2. Customer Protection Program is available for an individual Product, and the price of participating in the Program is indicated for each product on the product payment page. The Buyer may opt-in to participate in the Program by checking the box on the product payment page.
9.3. The Customer Protection Program is fully available and effective for the Buyer at the moment of the purchase of Products.
9.4. In order to receive the replacement Product or price refund, the Buyer should contact Digital Pack via the Support section of the Platform.
9.5. Digital Pack will take reasonable efforts to process a complaint under the Customer Protection Program as soon as possible. In any event, Digital Pack will provide the Buyer, who acts as a consumer, with a response to the complaint within 14 days from the day Digital Pack receives the consumer’s complaint. The funds will be refunded within 7 days from the positive verification of the complaint.
9.6. The Buyer who violated the Terms & Conditions or has engaged in fraud or abuse of the Customer Protection Program will not be entitled to receive any benefits under the Program. With respect to Buyers who engaged in fraud or abuse of the Customer Protection Program, Digital Pack has the right to reverse any refund already paid out to such a Buyer.
9.7. Refund of the sale price under the Customer Protection Program will be made in the form of a transfer of funds to the Balance of the Buyer available on their User account or to the original method of payment if the internal regulations of this method of payment allow for a refund. The Balance will amount to the net sale price paid by the Buyer. The Balance may be used to purchase Products on the Platform. The Balance cannot be paid out, transferred to a bank account of the User, or redeemed for any other currency.
9.8. The Buyer from the European Union, who acts as a consumer, shall bear justified costs incurred by Digital Pack if the Buyer withdraws from the Customer Protection Program before the end of the withdrawal period and after giving express consent to begin the performance of the Customer Protection Program before the end of the withdrawal period.
9.9. The Buyer has the possibility of having recourse to an out-of-court complaint and redress mechanism, in particular, the Buyer is entitled to make use of the redress mechanism offered on the platform operated by the European Commission which can be accessed through this link: http://ec.europa.eu/consumers/odr/ which was introduced on the basis of the Regulation No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
9.10. Nothing in this section excludes or limits the application of the statutory protection measures which are applicable in relations with the consumers.
10. Intellectual Property and Personal Data Protection
10.1. Digital Pack owns all intellectual property rights to and in the Platform and in the materials published on it, except for the texts, photography, software, or other materials uploaded, transmitted, made available, or published by the Users. The intellectual property rights of Digital Pack are protected by copyright laws around the world. All such rights are reserved.
10.2. Within the scope permitted by applicable law,