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Terms & Condition

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1. Applicability

1.1. The Terms & Conditions apply to the relations between any person using the Platform, in particular, the User, and SOFTKEYCART.com arising from and related to the use of the Platform.

 

 

 

2. Definitions

2.1. The capitalized terms and expressions used in this Terms & Conditions mean:

 

a) Buyer – the User who enters the transaction by buying a Product,

 

b) SOFTKEYCART or SOFTKEYCART.com – email address: [email protected];

 

c) Hardware Product – any tangible movable item being sold on Platform

 

d) Platform – a group of affiliated websites made available on the Internet from the address: www.softkeycart.com;

 

e) Product - items, goods, and/or services in digital form, which can be downloaded by the User to his electronic device and which are not stored on any data carrier;

 

f) User – any person, who has registered on the Platform;

 

g) Shipment time – dispatch time via a delivery company to the buying User

 

h) Terms & Conditions – these terms and conditions, including attachments thereto

 

2.2. Any references in the Terms & Conditions to the singular include the plural and to plural include singular. References to one gender include all genders.

 

 

 

3. Acceptance of Terms & Conditions

3.1. In order to use the Platform, the User agrees to and accepts the Terms & Conditions as a whole and without reservations.

 

3.2. The User confirms that under the domestic laws of his country of residence he is able to conclude legally binding agreements. The User agrees that he is not prohibited from using the Platform and services offered on the Platform due to the domestic regulations or other restrictions.

 

3.3. The User acknowledges and agrees that SOFTKEYCART 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 on the basis of the existing Terms & Conditions. 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 in the course of the registration with the Platform, as well as will be published on the Platform. The amended Terms & Conditions will be published on the Platform and become binding for User fourteen days after the information about the changes of Terms & Conditions is delivered to the User. For new Users, the version published on the Platform at the moment of their registration applies immediately. The User who does not agree with the amended Terms & Conditions should resign from using the Platform.

 

3.4. The User may conclude with SOFTKEYCART, through the Internet or otherwise, separate agreements related to certain rights and obligations between the User and SOFTKEYCART. 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 additional agreements. In the case of discrepancies between the Terms & Conditions and the General Sale Conditions, the General Sale Conditions prevail.

 

 

 

4. User and User’s account

4.1. 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. In order to complete the registration procedure, they should fill out the registration form available on the Platform.

 

4.2. The technical requirements for the use of the Platform include possessing a device with access to the Internet and software to view websites such as an up-to-date version of web browser.

 

4.3. In the registration form, the User is obliged to provide his 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 as well as their tax identification number (including VAT and VAT-UE number).

 

4.4. Once the registration process is completed, SOFTKEYCART will assign to the User a personal ID and password. The password can be subsequently changed by the User.

 

4.5. The User is obliged to ensure that all information provided in the registration form is updated and valid, in particular, that the email address which is used for the purpose of operating the account is valid.

 

4.6. The User acknowledges and agrees that SOFTKEYCART processes the personal data of the User indicated by the User during the registration process for the purposes of rendering of the services on the Platform and enabling proper functioning of the Platform functionalities for the User.

 

4.7. Each User may hold only one account on the Platform unless SOFTKEYCART gives a permission to a given User to hold more than one account.

 

4.8. The User will be granted access to the functionalities of the Platform after entering the ID and password on the login page.

 

4.9. 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 the access to certain functionalities may be restricted for selected Users.

 

4.10. The User is aware that the ID and password are personal and unique. 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 SOFTKEYCART or Users. The User is obliged to protect SOFTKEYCART and other Users against losses and damage caused by the use of their account by third parties.

 

4.11. The user is not allowed to use the Platform to promote any illegal activity or add content that is illegal, in violation of applicable law, obscene,  or inappropriate in any other way.

 

4.12. The Users assume responsibility for actions and outcomes of actions of parties, whom they provided with the access to the account, in particular for the actions undertaken on the Platform.

 

4.13. In the case of any violation of these Terms and Conditions and the law in force by the User, SOFTKEYCART reserves its right and possibility to block the User’s account.

 

4.14. Due to technical problems, maintenance, or introduction of other changes to the Platform SOFTKEYCART has the right to temporarily suspend the access to all or certain functionalities available on the Platform or to the entire Platform. SOFTKEYCART will take all reasonable efforts to restore such access as soon as possible. For Users who act as consumers, the access to the functionalities of the Platform may be suspended in the cases prescribed by applicable laws.

 

4.15. SOFTKEYCART is entitled to verify the data of the User provided in the registration form or during the purchase process by requesting from the User to present proper, valid documents confirming said information, including but not limited to a scan of an identification document or excerpts from trade registers. The requested documents should be provided within 10 business days from the day Softkeycart sends the request. SOFTKEYCART will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his tax status. Failure to provide these documents may constitute the reason to refuse registration on the Platform or removal of the account.

 

4.16. During the purchase process, the Buyer is obliged to indicate her/his place of residence. The Buyer confirms that she/he is aware that SOFTKEYCART is in possession of tools to detect the localization of Buyer’s network device (and the connection) as regards the country of origin from which the purchase is made and agrees that SOFTKEYCART may undertake a verification process. In the case of discrepancies between the place of residence indicated by the Buyer and the results of verification made by SOFTKEYCART SOFTKEYCART has the right to block the account of the Buyer. SOFTKEYCART will use the documents solely for the purpose of verification of the User compliance with the applicable anti-money laundering regulations and assessment of his 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.

 

 

 

5. Payments

5.1. Joining SOFTKEYCART, using the Platform and opening of a User’s account is free of charge for the Users with reservation in Terms & Conditions.

 

5.2. All prices indicated in the offers on the Platform are gross prices that include applicable tax.

 

5.3. 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. A number of such commissions or other fees to be charged are indicated on the payment selection page.

 

5.4. The User may make payments through the payment channels available on the Platform. All the payment channels are described on the Platform.

 

5.5. Payments can be refunded up to 24 hours after the transaction date.

 

5.6. 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.

 

5.7. SOFTKEYCART 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.

 

5.8. 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.

 

5.9. The User is obliged to pay all such fees and taxes relating to his use of the services available on the Platform on time. If a certain payment method fails or an invoice is overdue, SOFTKEYCART reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.

 

5.10. 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 he will duly read and accept the terms and conditions available on such websites before making a payment.

 

5.11. In the case of problems related to the payments made through websites of the payment services providers, the User should contact the payment services provider.

 

5.12. The User confirms and asserts that the funds used to pay for any products and services offered on the Platform come from lawful sources.

 

 

 

6. Customer Protection Program

6.1. Under the Customer Protection Program for an increased price for the Product (on conditions set forth in point 8.2) the Buyer is entitled to receive:

 

a) the replacement product in the case the purchased Product had any defects or was different from the description;

 

b) in the case a replacement cannot be granted, refund of the sale price;

 

6.2. 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.

 

6.3. In order to receive the replacement Product or price refund, the Buyer should contact SOFTKEYCART via the Support section of the Platform.

 

6.4. SOFTKEYCART will take all reasonable efforts to process a complaint under the Customer Protection Program as soon as possible. In any event, SOFTKEYCART will provide the Buyer, who acts as a consumer, with a response to the complaint within 14 days from the day SOFTKEYCART receives the consumer’s complaint. The funds will be refunded within 7 days from the positive verification of the complaint.

 

6.5. 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 the Buyers who engaged in fraud or abuse of the Customer Protection Program, SOFTKEYCART has the right to reverse any refund already paid out to such a Buyer.

 

6.6. 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 his User account or to the original method of payment. 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.

 

6.7. The Customer Protection Program is fully available and effective for the Buyer at the moment of the purchase of Products.

 

6.8. The Buyer from the European Union, who acts as a consumer, shall bear justified costs incurred by SOFTKEYCART if the Buyer withdraws from 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.

 

6.9. For any kind of support buyer can contact live support or using contact us form or can directly mail us to the address [email protected]

 

6.10. Nothing in this section 8 excludes or limits the application of the statutory protection measures which are applicable in relations with the consumers.

 

 

 

7. Prohibited actions

7.1. The User acknowledges and accepts that it is strictly forbidden to, and asserts that he will refrain from:

 

a) using the Platform for purposes other than the use of services offered by SOFTKEYCART 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 SOFTKEYCART, 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 SOFTKEYCART, 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.

 

7.2. Any person whose rights were violated by any content published on the Platform is obliged to notify SOFTKEYCART of the violation at the following email address: [email protected]

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 SOFTKEYCART according to the Terms & Conditions.

 

7.3. Upon receipt of a credible notification, SOFTKEYCART 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.

 

7.4. The User may reply to the notification by presenting the evidence which proves his rights to make available the data indicated in the notification, such as license or ownership rights to the game.

 

7.5. 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 SOFTKEYCART,

 

c) the User presents no evidence that he is 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) SOFTKEYCART receives credible information that the data available on the Platform is illegal or unlawful, even if no notification was filed.

 

 

 

8. Intellectual Property and personal data protection

8.1. SOFTKEYCART 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 SOFTKEYCART are protected by copyright laws around the world. All such rights are reserved.

 

8.2. Within the scope permitted by applicable law, by adding any content to the Platform, the User grants SOFTKEYCART a non-exclusive, worldwide, permanent, irrevocable and free license to use the content uploaded to the Platform. The license includes the rights to use the content for any and all purposes and in particular reproduction with use of all techniques, including digital, distribution of copies and dissemination in all channels (in particular Internet and Platform itself), replication, modification, translation, making available the work to the public in such a manner that anyone could access it at a place and time selected thereby, creation, use and disposal of works derived from the user content, any other actions related to daily operation and promotion of the Platform. By uploading any content, the User confirms that it is entitled to grant such a license (i.e. covering exploitation of any and all IP rights related to copyrightable works, databases, images of natural persons and any other objects of applicable IP laws). The license is granted for an unspecified period of time; the notice of termination may be submitted by the User the earliest along with termination of the User status with one-year notice period (effective as of the end of the calendar year). Along with the license, the User grants SOFTKEYCART a right to modify content uploaded to the Platform, to use and dispose of derivative works to the content uploaded to the Platform and to exercise derivative copyrights applicable thereto vis-à-vis third persons – all on the fields of exploitation listed above in this section 11.2.

 

8.3. Unauthorized use, copying, modification or publication of any content or materials available on the Platform without obtaining a license to do so from SOFTKEYCART is strictly forbidden.

 

8.4. SOFTKEYCART is a data controller User’s personal data. Your personal data will be processed by SOFTKEYCART for the purposes specified in these Terms and Conditions, in particular in point 6.1, for the purposes of settlement of complaints and marketing of products and services of SOFTKEYCART. Processing of your personal data for the above purposes is lawful as it is necessary for performance of contract concluded with the User (article 6.1 (b) of the GDPR) and for the purposes of legitimate interests pursued by SOFTKEYCART i.e.(article 6.1 (f) of the GDPR) i.e. marketing of own products and services of data controller. SOFTKEYCART uses appropriate and suitable safeguards required by provisions on personal data protection such as Standard Contractual Clauses when transferring personal data outside the EEA. The personal data will be stored for the period of 6 years from the date of their last modification. The User has the right to request from SOFTKEYCART access to and rectification or erasure of his/her personal data or restriction of processing or to object to processing as well as the right to data portability. The User has also the right to lodge a complaint with a supervisory authority. Collection of User’s personal data is entirely voluntary, however if the User does not provide SOFTKEYCART his personal data SOFTKEYCART will not be able to perform contract with the User and to process personal data for the purposes mentioned above. In case of any questions or inquiries concerning your personal data please contact: [email protected] SOFTKEYCART may use User personal data, including information about User’s purchases, chosen products, amounts spent and frequency of purchases to analyze User’s preferences, interests and behavior and to make User’s profile. For example, SOFTKEYCART may predict User’s personal preferences and interest concerning User’s purchases based on the above information. If User consented to receive marketing electronic communication, User may receive targeted marketing communication created automatically in our databases on the basis of his/her profile. In such communication SOFTKEYCART may suggest offers that may be of User interest, based on User profile. SOFTKEYCART’s aim is to provide updates on offers or products User may like. SOFTKEYCART will not subject User to a decision based solely on automated processing that produces legal effects concerning User or similarly significantly affects User. [email protected]

8.5. SOFTKEYCART uses Google Analytics and Google Remarketing web analytics services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics and Google Remarketing use “cookies” – text files which are stored on User device and allow SOFTKEYCART to analyze use of SOFTKEYCART websites. The information generated by the cookie through the use of websites is generally transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, IP address will be truncated in advance within the member states of the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted from browser in the context of Google Analytics will not be conflated with other Google data. Google will use the information to evaluate use of SOFTKEYCART websites, to prepare reports about websites activities for website operators, and to provide other services related to websites activity and Internet usage. SOFTKEYCART legitimate interest in data processing is also for these purposes. The legal basis for the use of Google Analytics is article 6.1 (f) of the GDPR. The data sent by SOFTKEYCART and connected to cookies, User information (such as user ID), and promotional IDs are deleted after months after the last use of website. Data whose storage period has expired is automatically deleted once a month. The User can prevent the installation of cookies by setting browser software accordingly; however, if User does this, User may not be able to use the full functionality of websites. The User can opt-out of the collection of data for the future at any time by using the Google Analytics Opt-out Browser Add-on at: https://tools.google.com/dlpage/gaoptout?hl=en SOFTKEYCART websites use the functions of Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. This function enables the target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that were adapted to User depending on User’s previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of User devices (e.g. tablet or PC). User can permanently object to cross-device remarketing/targeting by disabling personalized advertising in by following this link: https://www.google.com/settings/ads/onweb/. More information on the terms and conditions of use and data protection can be found at https://www.google.com/analytics/terms/us.html andhttps://policies.google.com/?hl=en

 

8.6. The product Facebook Custom Audiences (Facebook Custom Audiences1601 S. California Avenue, Palo Alto, CA, 94304) is also used as part of usage-based online advertising. An irreversible and non-personally identifiable checksum (hash total) is essentially generated by User usage data, which can be transmitted to Facebook for analysis and marketing purposes. A Facebook cookie is set in this process. In doing so, information about User activities on the website (such as surfing behavior, subpages visited, etc.) is collected. User IP address is stored and used for geographical modulation. More information about the purpose and extent of data collection and further processing and use of data, as well as privacy settings, are available on Facebook’s privacy policy.

 

 

 

9. Liability

9.1. With regard to the Users, who do not act as consumers, SOFTKEYCART is not responsible with respect to any damages resulting from:

 

a) the use of the Platform, accessing it or the inability to use the Platform by a  User due to force majeure or any other reasons beyond SOFTKEYCART control, including the damages caused by the viruses which may be transferred to the Platform or through the Platform by third parties;

 

a) violation by the User of these Terms & Conditions, including submission of false data or submission of false or untrue statements or providing access to private data or information to the third party;

 

b) any harm, damage, claims, compensation, nonpecuniary damages in relation to claims of one User against another User;

 

9.2. SOFTKEYCART is not responsible with respect to any damages resulting from the accounting and tax settlements of the Users as well as the compliance of their tax returns, ledgers and accounting books with the applicable laws.

 

9.3. Using malicious software (scripts, bots, hacks) for the purpose of gaining an unlawful advantage over the competition or to abuse any of the promotions or deals available on the Platform is prohibited. Any accounts and Users associated with such actions will be held responsible. This may result in the account(s) being terminated and any due money withheld from being returned and/or paid to the User(s).

 

 

 

10. Complaints procedure

10.1. Any complaints related to the services rendered by SOFTKEYCART, in particular with the functioning of the Platform and Customer Protection Program, should be sent by email to the following email address: [email protected] The complaint should be resolved within fourteen days from the date of delivery of the complaint to SOFTKEYCART.

 

10.2. Any complaint should include a detailed description of the problem, any evidence which may serve to prove the problem and the suggested solution satisfactory for the User.

 

 

 

11. Affiliate program

11.1. The user can be rewarded for referring SOFTKEYCART.com to other users by being offered 12% commission from the purchase of the referred person.

 

11.2. Payment for the sale of a product will be approved to your balance after 7 days from the date of the transaction.

 

11.3. Minimum commission amount for withdrawal is 10 USD and maximum: 1000 USD. Payments shall be transferred via PayPal. Transaction fees shall be covered by the affiliate.

 

11.4. The referred user has to make a transaction within 180 days after clicking the referral link. After that period the user should renew the process by using the link again.

 

11.5. SOFTKEYCART reserves the right to decline user’s activity and canceled all funds gathered if the activity is found suspicious or forbidden practices are applied.

 

11.6. Forbidden practices:

 

11.6.1 Using "SOFTKEYCART" trademark name as a keyword in PPC campaigns.

11.6.2 Using the SOFTKEYCART affiliate program simultaneously with other affiliate programs that include rewards for referring users.

11.6.3 Using illegal, malicious or unethical practices to advertise SOFTKEYCART. Pop-ups, misleading users, iframes etc.

11.6.4 Using several accounts

11.6.5 Using affiliate program for several purchases from one account in order to decrease the product price.

11.6.6 Using discount coupon websites for distributing affiliate links without prior agreement with SOFTKEYCART.

11.7. SOFTKEYCART affiliate program is designed for individual users. Businesses should contact SOFTKEYCART in regards to establishing an agreement before using the affiliate program. In specific Coupon Websites and Price Comparison Websites.

11.8. SOFTKEYCART reserves the right to exclude specific products and discount coupons from applying affiliate commission.

11.9. SOFTKEYCART reserves the right to change the terms at any time.

 

 

12. Hardware Products

12.1. All Hardware Products are sold under the terms set in the Hardware Product’s descriptions. User agrees that his/her purchase is bound by the terms, which are available on the Hardware Product’s description or otherwise made available on the Platform.

 

12.2. All Hardware Products are subject to availability and may be withdrawn at any time. Softkeycart takes no responsibility over information displayed on the Hardware Product’s webpage.

 

12.3. Softkeycart does not transfer legal ownership of Hardware Product to the User.

 

12.4. Softkeycart shall not be liable to the User in contract, tort (including negligence) or otherwise, directly or indirectly, for any claims, damages and/or losses related to the agreement regarding to any Hardware Products, unless the domestic law applicable to the User being a consumer provides otherwise.

 

12.5. By enabling the Hardware Product on the Platform, the Hardware Product is presented on the Platform as an invitation by to enter into a contract with the Users willing to purchase the Hardware Products at a price determined on the Platform. As such, it does not constitute a sales offer within the meaning of contractual law.

 

12.6. The price stated in each Hardware Product description must be an accurate representation of the sale and the Hardware Product. Unless stated otherwise, the prices of Hardware Products offered on the Platform must be gross prices and include a tax on goods and services, i.e. VAT/GST if applicable and other taxes and any applicable government-imposed fees (such as electronic waste disposal fees). Apart from a price established in accordance with above point, the User may only be charged with the actual costs of Hardware Products shipping.

 

12.7. Hardware Product description must inform if the buying User may be obliged to borne any additional costs related to the purchase of the Hardware Product, especially shipping costs, and/or – if applicable – any taxes, charges or fees.

 

12.8. When buying a Hardware Product, User is responsible for reading the full Hardware Product’s description before the User commits to buy. User shall buy a Hardware Product only if the User can meet the requirements and restrictions described.

 

12.9. The User is obliged to ensure that all the information and data given during placing of an order is true and up-to-date.

 

 

 

13. Prohibited items

13.1.  It shall be prohibited to list and sell Hardware Products, trading of which infringes applicable provisions of law or rights of third parties (e.g. copyrights and other intellectual property rights as well as listing of which may be considered as infringing good practice.

 

13.2. Forbidden Hardware Products as mentioned in 12.1. include:

 

pornographic content or sexually-oriented adult material including: adult anime items, sex toys and sex accessories, clothing (new or used), images of nudity and nude art, magazines and books, adult media, minors, other adult items, illegal and obscene items;

alcoholic beverages,

alive or dead animals and wildlife products

art, artifacts, grave-related items,

catalytic converters and test pipes,

cell phone service contracts,

charity and fundraising,

used clothing,

contracts,

cosmetics,

counterfeit currency and stamps, counterfeit Hardware Products,

credit cards, currency,

drugs and drug paraphernalia, psychotropic substances, intoxicants, medical drugs, medical products prescribed by doctors, devices, and healthcare,

cable TV de-scramblers, radar scanners, and traffic signal control devices, electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices,

embargoed goods and prohibited countries,

event tickets,

firearms, weapons, ammunition, gas launchers and

food and healthcare items, plants and seeds,

government documents, IDs, and licenses,

government, transit, and shipping-related,

hazardous, restricted, or regulated materials,

human remains and body parts or organs,

importation of goods intended only for distribution in a certain country,

goods that are subject to specific restrictions within the jurisdiction of the buying User,

items encouraging illegal activity,

lottery tickets and stamps,

databases, mailing lists and personal information, addresses of websites, information and advice that is not of a service nature,

master diploma and bachelor theses, school leaving papers, essays and other papers of this type as well as services relating to writing such works,

multi-level marketing, pyramid, and matrix programs as well as accounts in partnership and loyalty programs and services related thereto,

offensive material,

postage meters,

prohibited services,

real estate,

recalled items,

stocks and other securities such as company shares, stakes, bonds, receivables, units of participation in investments funds, insurance policies and products and all other financial instruments offered as a form of investment,

stolen property,

surveillance equipment,

tobacco,

travel,

gold in the form of gold bars, coins or scrap gold and silver in the forms of bars and scrap.

13.3. Hardware Product description may not include inappropriate content, content that infringes applicable laws, any rights of third parties (copyrights, intellectual property rights), or these Terms and Conditions. Hardware Product description should not contain any advertisement or advertising content nor other forms promoting goods and services which are not offered within the Platform.

 

13.4. If Hardware Products are offered in pre-sale, its description should include information on the order completion time.

 

13.5. Hardware Product description description must not persuade Users to buy Hardware Product outside the Platform.

 

 

 

14. Delivery

14.1. Softkeycart is not involved in delivery of a Hardware Product. Users should note that all prices on the Platform are exclusive of delivery charges which will be added to the price of the Hardware Product and indicated at the checkout process. The cost of any delivery will vary based on the User’s geographic location and selected delivery method.

 

14.2 The Hardware Product’s description has to specify clearly and accurately when the Hardware Product will be shipped. Hardware Products should be shipped within the Shipment Time that was provided in the description.

 

14.3. The sale and delivery of Hardware Products is only available for Users domiciled in and providing a delivery address in locations accepted by a given Hardware Product description. The Hardware Product description may determine at its discretion available delivery methods and countries to which the goods may be sent. The information on available delivery methods and shipping countries supported is presented at the Hardware Product description.

 

14.4. The standard time of preparing an order and submitting the same for dispatch is provided in the Hardware Product description. In the unlikely event that the Shipment Time exceeds 30 days, the User may cancel the relevant order in writing or in electronic form using the e-mail. In such case, the User shall be reimbursed with all the payments made, including costs of delivery.

 

 

 

15. Returns

15.1. User may withdraw from the purchase of a Hardware Product within 14 (fourteen) days without any justification. The term for the withdrawal expires within 14 days from the day the User or any third party indicated by the User (other than the carrier) received the Hardware Product.

 

15.2. In the case of withdrawal from the purchase, the User will be reimbursed without undue delay, not later than 14 days from the day of the information of User’s decision of withdrawal. The price of the Hardware Product bought, including costs of delivery (with the exception of additional costs resulting from the method of delivery chosen by the User) shall be reimbursed to the buying User.

 

15.3. In case of withdrawal from the purchase, the User should send back or deliver the Hardware Product. In any case the Hardware Product should be sent back without undue delay, not later than within 14 days from the day the User informed of withdrawal. The deadline shall be considered met only if the Hardware Product was sent before the indicated 14 days.

 

15.4. The User bears responsibility for decrease of value of the Hardware Product being result of exceeding use that is necessary to assess the character, features and functionality of the Hardware Product. The Hardware Product which is being sent back should be properly packed in a manner preventing any damages during transport, if possible packed in original packaging. The costs of the return of the Hardware Product shall be paid by the buying User.

 

 

 

16. Complaints on Hardware Products

16.1. Unless otherwise mentioned in the Hardware Product’s description, the Hardware Product is to be deliver to the User free from defects.

 

16.2. If there are defects in the Hardware Product purchased by the User, all statutory regulations relating to warranty for defects and/or guarantee shall be abided to. If the User has a complaint regarding obvious material or manufacturing faults in the Hardware Product, including damage incurred in transit, the User should inform on the fault and return the Hardware Product without delay.

 

16.3. The User may require: 

Price reduction or withdrawal from the purchase, unless the defective Hardware Product is immediately and without undue inconvenience to the User replaced with a non-defective Hardware Product or such a defect is removed. The User may not withdraw from the contract if the defect is insignificant;

replacement of the defective Hardware Product with a product free from defects or rectify the defect. It is an obligation to replace the defective product as free from defects or rectify the defect within a reasonable time without undue inconvenience to the buying User.

 

16.4.  The User’s complaint should be processed within 14 days from the day the Hardware Product was returned by the User.

 

16.5. Provisions of statutory regulations relating to warranty for defects are excluded in cases when the User is not a consumer under the applicable laws.

 

 

 

17. Final provisions

17.1. The agreement between the User and SOFTKEYCART for the provision of services specified in point 6.1 is concluded for an indefinite period of time.

 

17.2. The User and SOFTKEYCART have the right to terminate the agreement.

 

17.3. SOFTKEYCART may terminate the agreement without a cause by deleting User’s account or blocking User’s access to the Platform upon a fourteen days’ written notice.

 

17.4. The User may terminate the agreement without a cause at any time by requesting SOFTKEYCART to delete the User’s account on the Platform. SOFTKEYCART is obliged to issue a written confirmation of receipt of the request and delete the account within 7 days from receipt thereof. After such period the agreement is terminated.

 

17.5. In the case of gross violations of the Terms & Conditions, SOFTKEYCART has the right to terminate the agreement with immediate effect.

 

17.6. Any communication with the Platform administration shall be made by email to the address: [email protected]

 

17.7. Without prejudice to the provision of law applicable in relations with the consumers, the Terms & Conditions and any other documents related to the functioning of the Platform and services rendered through the Platform are governed by and should be interpreted in accordance with laws of Malta.

 

17.8. If any provision of the Terms & Condition proves to be invalid or ineffective, it will not affect the validity of the remaining provisions. Invalid or ineffective provision will be replaced by such valid provision which reflects the economic value, the intention of the parties and objective of the invalid or ineffective provisions to the highest extent. The pertinent clause does not apply to the Users who act as consumers.