Use Of Agreement

Anumber of service providers (hereinafter 'goldsender.coms' resp. each of them called 'goldsender.com') are offering various services relating to online games to interested parties ('Customers'). Subject to these General Terms and Conditions of Business the goldsender.coms offer their services on the GameGoods online platform. To be eligible to utilize these services, all Customers must hold a valid authorization permitting them to use the online game to which the services refer, in particular hold a user account with the game provider ('Account'). The platform and the services offered are addressed solely to Customers capable of placing orders via the internet. goldsender.com assists goldsender.com in offering said services acting as representative of goldsender.com in the name and on account of goldsender.com.

• 1. Scope of application
• These General Terms and Conditions of Business apply exclusively to all agreements between goldsender.coms and Customers under which a Customer acquires any services from a goldsender.com. Any diverging or contradictory Customer terms and conditions will not be accepted except where approved in writing by the goldsender.com in a particular case.
• 2. Conclusion of a contract
• 2.1 The presentation of the services on the platform shall not be deemed a legally binding offer but qualifies as non-binding information (online catalog).
  
• 2.2 Customer orders the requested services (so-called 'declaration of contract') by selecting and sending the complete information to be entered into the order mask. Customer agrees that the declaration of contract may be divided in several declarations of contracts in order to enable several goldsender.coms to each conclude a contract with the Customer on a portion of the requested services.
  
• 2.3 A contract comes into existence only when the goldsender.com accepts the declaration of contract by e-mail acknowledgement to Customer. All relevant details of the contract (e.g. name of parties, description of service, price) shall be listed in this e-mail.
  
• 2.4 The goldsender.com is assisted by goldsender.com who acts in the name and on behalf of the goldsender.com in the process of offering services to the Customers. The goldsender.com hereby explicitly authorizes goldsender.com to conclude contracts in the name and on account of goldsender.com. Customer does neither conclude contracts with goldsender.com nor enter into any contractual or similar relationship with goldsender.com.
  
• 3. Due date, payment and default
• 3.1 The price falls due for payment immediately. Generally, Customer may freely choose between the accepted payment methods. However, goldsender.com reserves the right to accept only specific payment methods in a particular case.
  
• 3.2 Any costs incurred by goldsender.com due to insufficient funds or any return debit note for which Customer is responsible, will be reimbursed without delay by Customer.
  
• 3.3 If Customer is in default with payment, goldsender.com shall have the right to claim the statutory default interest (5 % above the applicable base rate). Nothing in this shall affect the right of goldsender.com to assert any actually incurred higher loss.
  
• 3.4 Any set-off against claims of goldsender.com shall be excluded except where Customer's claims are uncontested or established by final enforceable judgment. Any assignment of claims to third parties shall be excluded.
  
• 4. Performance, Customer's duties of cooperation and other accessory duties, failed performance, legal consequences
• 4.1 General
• goldsender.com at all times seeks to render all services without delay after goldsender.com has received the agreed price from Customer. Regardless of the nature of the services to be provided, Customer will always be solely responsible for holding the hardware, software and accesses required to play the relevant online game. This includes the timely payment of any fees owed to the game provider. goldsender.com itself does not operate any games but only offers related services. Further, Customer will be responsible for being available via e-mail. If a deadline has been agreed by which a service shall be provided, and if goldsender.com is unable to meet that deadline due to force majeure, Customer will not be entitled to any claims for damages against goldsender.com. Force majeure events are deemed to include, without limitation, internet disruptions or a deactivation of the online game, for whichever reason, in particular due to maintenance. The agreed performance deadlines will be extended accordingly. In order to not promote internet fraud, all access data should be transmitted to goldsender.com via encrypted e-mail (PGP standard or higher) or via the telephone. goldsender.com may render all services using support of third parties acting in the name and on behalf of goldsender.com.
• 4.2 Virtual goods
• Virtual goods will be transferred directly in the online game. Customer shall make all efforts necessary to ensure that the transfer of the subject of contract can take place within the online game. It may be necessary for this purpose (depending on the game) for the Customer-controlled character to meet with a character controlled by goldsender.com in the online game to transfer the virtual goods. For this purpose goldsender.com will propose to Customer promptly upon the conclusion of the contract a date, place and time for such a virtual meeting. Customer will confirm the date and time of the meeting via e-mail in due time but at the latest three hours prior to the proposed meeting time. Customer preferences will be accommodated wherever possible. If Customer repeatedly (three times) fails to appear at the agreed meeting despite having confirmed the meeting, goldsender.com is released from the performance obligation. If a transfer of services ultimately fails because the online game becomes permanently inaccessible for reasons outside the parties' control, both parties are released from the performance obligation and any fees paid earlier by Customer will be refunded.
  
• 4.3 Acquired character/Account
• If Customer has acquired a character/Account, goldsender.com will transmit to Customer via e-mail the required access data.
  
• 4.4 Limited use of Accounts
• If Customer has acquired a character/Account for limited term use, goldsender.com will transmit to Customer the required access data. Promptly upon expiry of the agreed period of use, Customer will return the access data to goldsender.com via e-mail. For this purpose Customer will ensure transmission by either telephone or encrypted e-mail (PGP standard or higher). If Customer has acquired a character/Account for limited term use, Customer may not transmit or otherwise disclose the access data to any third parties, enabling such third parties to also play the character/use the Account. In particular, Customer will refrain from any action which may lead to the game provider disabling or deleting the character/Account. If Customer fails to return, or to timely return, the functioning access data to goldsender.com, Customer will be obliged to compensate goldsender.com for any and all damage incurred thereby.
• 4.5 Level-up of characters
• Customer will transmit the access data of the character to goldsender.com via an order form or e-mail to enable goldsender.com to provide the agreed services (achievement of a certain level, collection of experience points, completion of specific tasks, achievement of specific skills, localization of certain goods etc). Once the agreed level etc. has been attained, goldsender.com will return the current access data to Customer via e-mail to restore Customer's access to his character. While goldsender.com is rendering the services Customer may not use his character, and goldsender.com has the right to prevent Customer from using his character.
• 5. Revocation advisory
• Exclusively consumers are entitled to the following statutory right of revocation:
• 5.1 Right of revocation
• You have the right to revoke your declaration of contract in writing (e.g. by letter, fax, e-mail) or by returning the subject of contract within two weeks without having to state any reasons. The period for revocation starts with receipt of this advisory at the earliest. The timely dispatch of the notice of revocation or the subject of contract shall be sufficient to comply with the period for revocation. The notice of revocation shall be addressed to:
  goldsender.com
• E-mail: Service@goldsender.com Telefax: +44 8133 6856
• 5.2 Consequences of revocation
• In the event of an effective revocation all performances received by either party shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received, in whole or in parts, or able to return it only in a deteriorated condition, you shall refund us for the loss in value, where appropriate. However, the subject of contract shall not be deemed deteriorated if the deterioration is due to an examination of the subject of contract - as would have been possible in a retail shop. You may avoid the duty to refund a loss in value by not starting to use the subject of contract like a proprietor and by refraining from anything likely to impair the value of the subject of contract. Transportable subjects of contract are to be returned at our expense and risk. Non-transportable subjects of contract will be picked up from you. You have to meet your obligation of repayment within 30 days after dispatch of your revocation notice. - End of revocation advisory -
• 6. Warranty
• 6.1 goldsender.com warrants that the subject of contract is free from defects in quality. Defects in quality are defined as deviations from the contractually agreed quality, or unsuitability for the contractually agreed use. Customer is aware that the services offered by goldsender.com are considered undesirable and partly also prevented, by some game providers. This may result in a deletion of the relevant Account and/or the virtual goods without substitution. Any such sanction by a game provider shall not qualify as a defect in quality.
  
• 6.2 Customer will promptly notify any defects in quality to goldsender.com via e-mail, detailing as precisely as possible the symptoms, effects and triggers of the defect.
• 6.3 If goldsender.com in fact establishes a defect in quality after receipt of the notice of defects, goldsender.com will seek to remedy such defect shortly. If the attempt of rectification fails within a reasonable period of time, and also fails by a further deadline set by Customer, Customer may, without prejudice to any claims for damages, reduce the fee or withdraw from the contract.
  
• 6.4 Customer shall not be required to wait until the expiry of any deadlines, or set any deadlines, if this cannot be reasonably expected from Customer in a particular case, especially if goldsender.com seriously and finally refuses subsequent performance.
  
• 6.5 Customer shall support goldsender.com in identifying a defect and grant access to any necessary information.
• 6.6 If any defects in quality reported by Customer prove to in fact not exist or to not be attributable to goldsender.com, goldsender.com will have the right to bill the hours and costs incurred to Customer.
  
• 6.7 Apart from withdrawal from the contract and reduction of the fee, Customer may also claim damages instead of performance or reimbursement of expenses, provided that goldsender.com is at fault.
  
• 6.8 The right of withdrawal and damages instead of complete performance arises only in the case of substantial defects.
  
• 6.9 goldsender.com will not be liable for any defects in quality which were caused by improper use, or use in breach of the contract, of the subject of contract.
  
• 6.10 Claims based on defects in quality become statute-barred two years after the transfer of the subject of contract and/or transmission of the access code. This shall not apply to any defects which have been fraudulently concealed, in the event of a guarantee, or for any damage according to sec. 7 (Liability).
  
• 7. Liability
• 7.1 Customer is aware that the services offered by goldsender.com are considered undesirable and partly also prevented, by some game providers. This may result in a deletion of the relevant Account and/or the acquired virtual goods without substitution. Being fully aware of this risk, Customer thus acquires the services at his own risk; in particular, goldsender.com will not be liable for any sanctions game providers may impose on Customer, for any reason and in any scope.
  
• 7.2 goldsender.com accepts no liability for a breach by slight negligence of any accessory obligations which are not major obligations.
  
• 7.3 The above exclusions of liability will not apply in the event of fraudulent concealment of defects, of warranties as to quality, to claims under the Product Liability Act, or in the case of bodily injuries (life, limb, health). This does not entail a change of the burden of proof to Customer's disadvantage.
  
• 7.4 Where the liability of goldsender.com is excluded or limited, this also extends to the personal liability of its employees, staff, representatives and vicarious agents.
  
• 8. Miscellaneous
• 8.1 Any agreements made before or at the time of conclusion of the contract must be in writing to be effective.
  
• 8.2 Unless agreed otherwise, any assignment to third parties of any rights and obligations under this agreement by Customer requires the prior written consent of goldsender.com, which shall not be unreasonably withheld.
  
• 8.3 This agreement is governed exclusively by the substantive laws of Hong Kong with the exclusion of the UN Sales Convention.
  
• If any provisions of this agreement are held to be or become invalid, nothing in this shall prejudice the validity of the remaining provisions of this agreement. The parties will replace any invalid or void provisions by economically equivalent, valid provisions which accomplish, to the best possible extent, the economic purpose of the invalid provisions.