Terms and Conditions

Version 2.5, last amended 2023-05-03

  1. General Provisions
    • These Terms and Conditions together with Privacy Notice and any other Platform’s documentation are intended to provide information on ENEBA, provide to Users and Vendors the rules on acceptable behaviour on the Platform and to establish basic guidelines for persons dealing through the Platform.
    • Platform is an online venue that provides video game enthusiasts with a safe space to connect and purchase various gaming related content, offered by Vendors participating within the Platform.
    • Please note that the Platform is not an online shop, but an online place and all the transactions are being conducted between Users and Vendors while ENEBA, unless expressly provided otherwise, does not engage either in selling or purchasing of digital content.
    • For avoidance of doubt:
      • sales carried out through the Platform are made between the respective Users, or between Users and Vendors while ENEBA only provides secondary services related to establishing and maintaining the Platform and providing additional services related to ensuring a smooth and safe experience for Users and Vendors;
      • these Terms and Conditions set out contractual relationships between ENEBA and Users, and between ENEBA and Vendors in relation to ENEBA administering the Platform;
      • these Terms and Conditions do not govern relationships between Users, or between Users and Vendors;
      • these Terms and Conditions do not govern the terms of use for receiving and making payments through the Platform. Please note that ENEBA utilises Hyperwallet payment services to assist in transactions made between Users, or between Users and Vendors. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy;
      • in particular these Terms and Conditions do not set the terms of specific transactions being concluded between Users and Vendors such as: purchase price, content and quality of the Digital Content, safety, warranty and liability provisions related to the sale of Digital Content via the Platform. ENEBA does not verify the veracity and accuracy of data provided by Users and Vendors.
    • Notwithstanding the above, solely for the purposes of maintaining ENEBA brand, ensuring smooth functioning of the Platform, and avoiding unfair practices and illegal activities on the Platform, ENEBA reserves the right to set out general guidelines related to selling and buying digital content via the Platform.
    • with the procedure provided in Section 3.6 below. ENEBA strongly recommends Users and Vendors to read the Terms and Conditions from time to time in order to fully familiarize themselves with the particular terms in force at any given time.
  2. Definitions
    Account – an account which gives a possibility for the User or the Vendor to use Services provided in the Platform and get all of the benefits from it.
    Digital Content – digital content which has the activation code and can only be used after it is activated on the User’s computer platform or other digital content offered for purchase by Vendors via the Platform.
    E22Z – UAB Helis play, with its registered office at Gyneju St. 4-333, Vilnius, the Republic of Lithuania.
    Platform – this platform which is made available on the Internet under the address: https://www.e22z.com and/or through the app.
    Privacy Notice – rules that set personal data and privacy protection processes that are applied by E22Z.
  3. Applicability of these Terms and Conditions
    • Users and Vendors hereby agree to and accept these Terms and Conditions, including the Privacy Notice, in its entirety and without any reservations. Acceptance of these Terms and Conditions is a necessary condition for rendering Services.
    • For avoidance of doubt, these Terms and Conditions are also applicable to any anonymous users that enter the Platform and by entering, such persons accept these Terms and Conditions, Privacy Notice and any other Platform’s documentation.
    • Users who are prohibited from using the Platform due to regulations of the respective state or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Platform.
    • Each User confirms that they are at least 16 (sixteen) years old or have reached the age under respective country’s laws which allows them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, each User confirms that there are no restrictions under respective country’s laws for them to use Services provided by ENEBA.
    • Each Vendor confirms that they are an entrepreneur and accept these Terms and Conditions. Each Vendor hereby states that there are no factual or legal grounds preventing them from accepting these Terms and Conditions and concluding Sales Contracts with the Users via the Platform aimed at the sale of Digital Content to the Users.
    • E22Z 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 the Terms and Conditions on the Platform. By further using of the Platform and the Services, Users and Vendors confirm being bound by all changes to these Terms and Conditions. The amendments of the Terms and Conditions come into effect in 10 (ten) days after the announcement on the Platform unless it is explicitly stated otherwise. Vendors shall be informed about changes to the Terms and Conditions which affect Vendor and E22Z relationship at least 15 days before these changes go into effect via email. Vendors shall have the right to unilaterally terminate their agreement with E22Z upon receipt of the notice of these changes by contacting supply@e22z.com. If the Vendor continues using the Platform after the notice period expires, they will be deemed as accepted the changes to the Terms and Conditions.
    • Users and Vendors may enter into additional separate agreements with ENEBA. In case of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of additional agreements shall prevail unless explicitly provided otherwise in the said additional agreements.
    • ENEBA communicates with Users and Vendors by sending e-mails, through the Platform Account’s electronic system by leaving notices to them, or through distribution of notices via communication channels within other services. Users and Vendors unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that ENEBA electronically provides shall meet any legal requirements of such communication in writing.
  4. Service Fees
    • Unless expressly provided otherwise, ENEBA collects its commission and any other possible fees from the prices determined by the Vendor in relation to each transaction. During the process of creating and auction a Vendor is provided with all the information on commissions and other fees which the Vendor is subject to in relation to listing a particular auction with the Platform.
    • Using the Platform, creating an Account and buying Digital Content through the Platform is free of charge for the Users. ENEBA’s commission is collected from the sale price of Digital Content specified by the Vendor. However, Users may be charged for additional services contracted from ENEBA via the Platform. To the amount of the fees for such additional services ENEBA may add the amount of Value Added Tax (VAT) at the rate applicable at the User’s place of residence on the territory of the European Union which is related to VAT obligations in conformity with the Community Law, in particular Art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations No 282/2011 and 1042/2013.
    • Users and Vendors are solely responsible for paying fees and taxes relating to their use of Services available on the Platform. Users and Vendors are particularly responsible for paying due taxes, fees or other due amounts required in connection to the contracts entered into via the Platform on their own. In any case ENEBA shall not be responsible for settling such fees and taxes. If a certain payment method shall fail or an invoice is overdue, ENEBA reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.
    • Whenever E22Z provides Services to any person who is considered to be an entrepreneur, such person acknowledges and agrees to account for any due Goods and Services Tax (GST), VAT, Sales Tax or any similar tax via the applicable reverse charge mechanism.
  5. Accounts
    • A person who wants to access all Services provided on the Platform must register and create an Account. However, an Account is not necessary in order to purchase Digital Content via the Platform. Registration proceeds by filling in all the necessary information into a registration form which can be found on the Platform. The person will be asked to submit their username, email address, password and other information. In order to complete registration, the person will have to accept Terms and Conditions and Privacy Notice and any other Platform documentation, if any. Failure to provide any information which, in the sole discretion of ENEBA, is required in order to verify any such new User (regardless if such information is expressly indicated in these Terms and Conditions), may be considered as grounds for refusal to proceed with the registration and (or) grounds for suspending or terminating registered Account.
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