Terms | Punktid

Terms

PUNKTID.COM ONLINE STORE TERMS OF USE

Gamekeys OÜ, registry code 12526262, Tornimäe 5, Tallinn, Harju County, 10145(hereinafter Gamekeys) is the owner and operator of the online commerce environment www.punktid.com and its versions in other languages (hereinafter the online store).
The legal relationship between Gamekeys and the users of the online store (including both registered users and visitors) shall be based on the following conditions (hereinafter the terms of use). The terms of use are binding to all users of the online store.

1. General provisions

1.1. Any legal relationships between the parties arising from the use of the online store shall be interpreted on the basis of the Law of Obligations Act of Estonia, other legislation of the Republic of Estonia, other legal acts, and the agreed upon terms of use.

1.2. Gamekeys reserves the right to unilaterally alter the terms of use at any time by publishing a notification thereof on the website of the online store.

2. Nature of the online store (www.punktid.com)

2.1. The online store is a commerce environment operated by Gamekeys, offering games, game cards, gift cards and codes (hereinafter products) for sale in digital form. Products are available for purchase to both registered users and other visitors of the online store (hereinafter jointly users).

2.2. Gamekeys is not the seller of the products and cannot be held responsible for the quality or the realisability of the products, but merely acts as the intermediary between the seller and the buyer of the product in concluding the contract of sale. Gamekeys is not the owner of the products displayed in the online store, but merely acts as the intermediary in their sale.

2.3. Products can be sold in the online store by the contractual partners of Gamekeys (hereinafter Sellers). Purchases in the online store are concluded on the basis of a contract of sale, the parties of which are the seller and the user.

2.4. Use of the online store is free of charge to the users.

3. Account registration

3.1. Upon registration, the user shall submit a digital registration application via a supported social media platform or the online store (hereinafter the registration application), containing the following information:

a. name;
b. desired password;
c. e-mail address;
d. phone number;
e. age;
f. sex

3.2. In the registration application, the user shall confirm that they have examined the terms of use and are at least 18 years of age.

3.3. On the basis of the registration application, the user shall be provided with a user account for using the online store (hereinafter the account). Gamekeys shall inform the user of the creation of the account by e-mail.

3.4. After the creation of the account, the user shall be able to log into the account by entering their user name and password.

3.5. In order to protect the account, the user shall keep their password confidential.

3.6. Gamekeys reserves the right to refuse to approve the registration application and create the respective account without providing reasons for doing so. Gamekeys reserves the right to cancel the user’s account and delete the user as well as all data related to that user from the online store environment without providing reasons for doing so and without prior notice.

4. Publication and later modification of offers

4.1. Gamekeys publishes the offers of sellers in the online store (hereinafter offers). Offers shall contain the price and description of the product.

4.2. When publishing offers in the online store, Gamekeys does not verify the validity or any essential characteristics of the products.  

4.3. Gamekeys reserves the right to delete or modify offers at any time without providing reasons for doing so.

5. Price of the product

5.1. The price of the product is displayed in the offer (hereinafter the price). The price of the product includes VAT.

5.2. The prices of the products are subject to change. If the user has paid for the product before a new price is established, but before the product is delivered to the user, the price that was valid at the moment of the finalisation of the order shall apply.

6. Purchasing products

6.1. In order to purchase a product, the user interested in purchasing the product (hereinafter the buyer) shall select the offer published in the online environment, add the product to the shopping cart, enter the required information for fulfilling the order (surname, first name, phone number, e-mail address), and pay the price of the product (hereinafter the order).

6.2. Gamekeys reserves the right to cancel the order before it is delivered to the seller and/or fulfilled, notifying the user thereof and returning the amount paid by the user to the user’s account.

6.3. Upon finalisation of the order, the buyer confirms that they have examined the terms of use of the online store and are at least 18 years of age.

6.4. The buyer undertakes to submit accurate information when finalising the order. Neither Gamekeys nor the seller shall be liable for the incorrect fulfilment or nonfulfillment of the order nor any consequences due to the inaccuracy of the information submitted by the buyer.

6.5. All prices in the online store are indicated in euros.

7. Payment and refunds

7.1. Orders can be paid for by using the payment methods indicated in the online store environment. A service fee may be added to the cost of the order in accordance with the agreement concluded between the user and the issuer of the bank card or credit card.

7.2. All refunds to the user by Gamekeys shall be made to the same bank account from which the order was paid for.

8. Contract of sale and product delivery

8.1. Upon finalisation of the order and payment of the price of the product, the seller and buyer shall be deemed to have concluded a contract of sale as defined in the Law of Obligations Act and under the conditions set out in the terms of use (hereinafter contract of sale).

8.2. The products shall be delivered to the e-mail address of the user no later than within two (2) working days after receipt of the payment. The time of delivery depends on the seller’s stock availability of the product:

a. the status “in stock” means that the product shall be delivered to the e-mail address of the user immediately after payment for the order;
b. the status “available” means that the product shall be delivered at the earliest opportunity (generally within two (2) working days).

8.3. Pre-ordered products shall be delivered immediately after they are released for sale (the exact date of delivery depends on the release date set by the distributor of the product and on transport time).

8.4. Gamekeys shall deliver the product to the buyer along with the contact details of the seller (name and address) and the invoice drawn up in the name of the seller.

9. Bonus system

9.1. Users who have created an account in the online store can earn bonus points on their purchases, which can be used for making purchases and/or receiving discounts in the online store (hereinafter bonus points). When making purchases, one bonus point [●] shall be equal to one euro cent.

9.2. Bonus points shall be credited to the user’s account for each successfully completed order that was not paid for fully or in part using bonus points.

9.3. There are three levels for the calculation of bonus points:

a. “Bronze” – if the total amount of the purchases made in the previous 365 days for the account of the user is 50–200 euros, for each successfully completed order, the account of the user shall be credited with bonus points in an amount equal to 1% of the cost of the order;

b. “Silver” – if the total amount of the purchases made in the previous 365 days for the account of the user is 51–501 euros, for each successfully completed order, the account of the user shall be credited with bonus points in an amount equal to 3% of the cost of the order;

c. “Gold” – if the total amount of the purchases made in the previous 365 days for the account of the user is more than 501 euros, for each successfully completed order, the account of the user shall be credited with bonus points in an amount equal to 5% of the cost of the order.

9.4. The total amount of the purchases as per clause 9.3 shall also include any purchases the user has made using the registered e-mail address before creating the account. Bonus points shall not be credited to the account retroactively.

9.5. In order to earn bonus points, the user does not need to log into the account; however, when finalising the order, the user must use the exact same e-mail address that is registered to the account.

9.6. Bonus points cannot be claimed in cash.

9.7. The user shall not earn any bonus points if:

a. the order is paid for fully or in part using bonus points;

b. the user uses a promotional code when making the order;

c. the order is made using an e-mail address not registered on the account;

d. the product is marked as exempt from granting bonus points.

10. Right to refuse service

10.1. Gamekeys has the right to refuse to create an account for the user and/or provide products to the user. Gamekeys may refuse to provide this service to the user for, among others, the following reasons:

a. if the user attempts to maliciously affect, crack or modify the functioning of the online store or harm it in any other way;

b. if prohibited by a court judgement or any competent national authority;

c. if the user is in violation of the rules of the payment system, existing legislation, internationally accepted principles, or the good practice of Internet use;

d. if the user resells or intends to resell the product within the scope of their own commercial or professional activity.

11. Right of withdrawal and exercising it

11.1. The user has the right to cancel the order after paying for the products, but before they are delivered, by sending a notice thereof to the e-mail address of Gamekeys together with the number of the order. Upon cancellation of an order, Punktid.com shall deduct a handling fee of 1 euro.

11.2. Ordered products may be returned within 14 days of receipt of the goods in accordance with section 56 of the Law of Obligations Act. In order to exercise the right of withdrawal, the user must submit the respective application to Gamekeys by sending an e-mail to [email protected] within 14 days of receipt of the goods.

11.3. When returning purchased products, the products must be returned as soon as possible, but not later than within 30 days. In the case of electronic products, upon exercising the right of withdrawal, the user shall delete the product. After exercising the right of withdrawal, the user shall no longer have the right to use the product in any way.

11.4. Returned products shall be refunded at the earliest opportunity, but no later than within 30 days.

11.5. Returned products must be unused.

11.6. As per section 53 of the Law of Obligations Act, the 14-day right of return shall not apply:

a. in the case of contracts, the object of which is the transmission of digital content not delivered on a physical medium, if the transmission was initiated with the prior explicit consent of the user.

Upon agreeing to the terms of use and making the purchase, the buyer accepts that they thereby lose the right of withdrawal regarding the aforementioned digital content;

b. in the case of contracts, the object of which is a gift card, if the unique code on the gift card has already been used.

11.7. If there is no right of withdrawal arising from law regarding a product which is unused and valid, Gamekeys may come to an agreement with the user to put the product back on sale on behalf of and in the name of the seller, in which case a service fee of 1 euro shall be deducted. The user shall be refunded after the successful sale of the product, provided that the user who purchased the product does not submit a complaint. If the product is not resold within 30 days, Gamekeys shall remove the product from the online store and the user shall retain the product.

12. Product quality and validity

12.1. The seller shall ensure the conformity of the product with the contract of sale.

12.2. Gamekeys shall not be liable for any deficiency or nonconformity with the contract of sale of the product. Gamekeys shall not be liable for the invalidity, unusability or any other similar deficiency of the product. The user may only submit claims and exercise legal remedies for the breach of the contract of sale against the seller.

12.3. In the event of the occurrence of deficiencies, Gamekeys shall act as a mediator in the resolution of the user’s complaints, and, if necessary, replacement of the product by the seller.

13. Submission of complaints

13.1. In the event of the nonconformity of the product with the contract, the user has the right to exercise the legal remedies provided by law. The seller shall be liable for the conformity with the contract of sale and the quality of the product.

13.2. In the case of any problems, please contact Gamekeys and provide a detailed description of the deficiency, which shall be forwarded to the seller, or, if possible, resolved by Gamekeys directly.

13.3. Neither Gamekeys nor the seller shall be held liable for any nonconformity of the product with the contract caused by the activities and/or omissions of the user, including the improper use of the product.

13.4. The user undertakes to notify Gamekeys of any nonconformities of the product no later than within two (2) months of discovering them, i.e. to submit a complaint. Gamekeys shall forward the complaint immediately to the seller.

13.5. Complaints can be submitted by e-mail to [email protected]. Complaints must include the name and contact details of the user, the date of submission of the complaint, the discovered deficiency of the product, and the substance of the claim, and must be submitted together with proof of purchase.

13.6. If the user does not accept the solution offered by Gamekeys or the seller for resolving the complaint, the user, if they are a consumer, may contact the Estonian Consumer Protection Board and the attached Consumer Disputes Committee, which is competent to settle disputes arising from contracts between consumers and traders if the parties have not been able to settle the disputes by agreement. The rules of procedure can be found at www.komisjon.ee. The secretariat of the Consumer Disputes Committee is located at Rahukohtu 2, 10130 Tallinn, phone: 6 201 920, e-mail: [email protected].

13.7. For the direct link to the online dispute resolution platform (ODR platform), click here.

14. Handling of users’ personal data

14.1. The user hereby consents to the processing of their personal data by Gamekeys.

14.2. Personal data entered by the user and made known to Gamekeys upon creating an account and making an order shall be entered into an electronic register and used for forwarding information related to the contract of sale to the parties of the contract of sale and offering the products to the user.

14.3. Bank card and other payment details are not visible to Gamekeys.

14.4. Personal data shall be acquired and processed on the basis of the formation of the user relationship under the terms of use upon creating an account in the online store or finalising an order. The processing of personal data is a prerequisite for the purchase of the products.

14.5. Registered personal data include information about the user’s order: surname, first name(s), phone number, e-mail address, accepting the terms of use and accepting to receive promotional offers.

14.6. The controller of the personal data is Gamekeys OÜ, registry code 12526262, Tornimäe 5, Tallinn, Harju County, 10145. The processors are the sellers (the contact details of the specific seller shall be listed in the invoice for that order), who shall be sent the personal data of the user which are necessary for fulfilling the contract of sale (including the e-mail address and name of the user). The user hereby consents to Gamekeys forwarding the aforementioned data.

14.7. Gamekeys undertakes not to transfer the personal data to any third parties not indicated in the terms of use.

14.8. Gamekeys has the right to transfer the personal data to third parties if the obligation to process the personal data arises from law or with the explicit consent of the user.

14.9. The user consents to Gamekeys sending the following communications to the e-mail address entered during account creation or order finalisation:

a. confirmations and notifications which are described in the terms of use or which are necessary for the proper and lawful functioning of the online store (including account registration, password change and successful purchase notifications and order invoices);

b. promotional materials, if the user has expressed a willingness to receive such notifications during account creation or order finalisation (by ticking the respective box). The user has the right to later withdraw such consent by sending a corresponding e-mail to [email protected].

15. Liability of the user and settlement of disputes

15.1. The user undertakes to only use the online store in accordance with the law and good practices.

15.2. The user shall be liable for any damage caused to Gamekeys, the seller or third parties through the violation of the terms of use, the law, or good practices when using the online store.

15.3. Disputes between the user and Gamekeys arising from the terms of use of the online store shall be settled in accordance with the legislation in force in the Republic of Estonia. If no agreement is reached, disputes shall be settled in Harju County Court.

16. Compulsory and binding nature of the terms of use

16.1. Examining the terms of use is compulsory for the user and the terms of use apply to all users.

16.2. By ticking the box “I agree with the terms of use of the online store of www.punktid.com”, the user confirms that they have examined, understood and agreed to the terms of use and accepts them as valid.