General Terms and Conditions
Article 1. DefinitionsIn these general terms and conditions, the following terms shall have the following meanings:
Agreement or Order: any agreement between the Client and the JetCash, in accordance with the provisions of the Agreement and/or Order confirmation.
JetCash or We or Us: PC Game Supply Ltd with registered office and place of business in 3rd Floor 86-90 Paul Street, London, England, EC2A 4NE.
Client or You: the party that enters into an agreement with the JetCash, places an order with the JetCash or to whom the JetCash has submitted an offer to which these General Terms and Conditions apply. The Client may be a consumer (a natural person not acting in the course of a profession or business).
Products: Products for which an order has been given or which are performed or delivered by the JetCash on another account with regard to the Agreement or quotation.
Documents: all items made available to the JetCash by the Client, including documents, information, materials or data carriers, as well as all items, including documents, produced by the JetCash in the context of the execution of the Order.
General Terms and Conditions: the terms and conditions which all agreements between Client and JetCash are based on.
Parties: JetCash and Client together.
Article 2. Applicability
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of us, operator of the Website an application.
- Deviations from these General Terms and Conditions are only valid if both Parties expressly agreed upon it in writing. Any General Terms and Conditions or other terms and conditions of the Client are not valid. The applicability thereof is expressly rejected by the JetCash.
- If any provision of these General Terms and Conditions is null and void or annulled, the other provisions of these General Terms and Conditions shall remain in full force and the JetCash and the Client shall consult with each other with a view to agreeing on new provisions to replace the provisions that are null and void or annulled, whereby the purpose and purport of the provision that is null and void or annulled, as the case may be, shall be respected as much as possible. If the interpretation or content of one or more provisions of these General Terms and Conditions is unclear, they must be interpreted in the light of General Terms and Conditions.
- The JetCash is entitled to amend or supplement these General Terms and Conditions time to time.
- The Agreement is valid as soon as the Client’s acceptance of the offer has reached the JetCash. By accepting the offer, the client declares that he agrees with the applicable statement of these General Terms and Conditions and, if necessary, waives an applicable statement of his own general terms and conditions. Acceptance shall be effected after payment for the product(s) in question.
- If the acceptance is subject to reservations or changes with respect to the offer or quotation, contrary to the provisions of the previous paragraph, the Agreement will only be concluded if the JetCash has notified the Client that it agrees to these deviations from the quotation.
Article 3. Activities
- The JetCash sells digital products online . After payment, the Client receives a code or relevant digital product that can be redeemed at the service in question.
Article 4. Discounts and offers
- The JetCash may make use of discounts and offers; in which case the period of validity shall always be stated. This may include so-called 'discount codes' (paid or unpaid). These discount codes are specifically valid for a certain period stipulated in the Website and if they are not used within the specified period, the redeemability and validity of the code lapses.
Article 5. Agreement
- The Agreement becomes effective after payment by the Client.
- The Agreement is entered into per payment.
- If a term has been agreed or specified for the execution of certain work or for the delivery of certain products, this is never a strict deadline. If a term is exceeded, the client must give the JetCash written notice of default. The JetCash must be given a reasonable period in which to still execute the Agreement.
Article 6. Confirmation and acceptance of the order
- The agreement is concluded as soon as the Client has paid the JetCash (in advance from private individuals), or as soon as the Client has ordered products via the app.
- The JetCash reserves the right, without giving reasons, to reject an agreement.
- Any notice given under or pursuant to the agreed agreement will be made available in writing by email to the other party at the address stated on the order.
- The JetCash is not bound to verbal agreements if these have not been confirmed by the JetCash in writing.
- JetCash has taken every care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all Products have been fairly described. However, Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website and at JetCash’s sole discretion. All prices are displayed inclusive of VAT. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
- All Products are subject to availability. Jetcash will inform you as soon as possible if the Products you have Ordered are not available.
Article 7. Proof of Identity
- You must be over the age of 18 (or legal age to enter into the Agreement solely) to visit and use JetCash Website and place Orders. We are committed to creating a safe online environment for all of our customers and understand that it is an offence to sell age rated products to someone who is below the legal limit. By placing an order for a product where an age restriction warning is displayed, you are confirming that you are over the required age.
- We reserve the right to ask for proof of identity from any Client We may not create their account or suspend their account until satisfactory documentation is provided. All information supplied when registering with the site must be accurate and complete in all respects (‘KYC’). In particular if using a credit or debit card, the cardholder's name and address must be the same as the name and address used when registering with the site. We might ask your billing address registered to Your credit/debit card depending on the amount of transaction. Where an account is suspended, customers should contact us without undue delay using the contact details shown on JetCash Website/application.
- Your purchases may be limited that from time to time may be determined by JetCash.
- You may buy multiple Products and Jetcash may enable Client to see his/her balances of the Products. This will not change the expiry date or any other specifications of the Products.
Article 7. Modification of the order
- If, during the execution of the Agreement, it appears that it is necessary to amend or supplement the Agreement, the Parties will proceed to amend the Agreement in good time and in mutual consultation.
- Without being in default, the JetCash may refuse a request for amendment, supplementation or withdrawal of the Agreement, if this could have consequences in qualitative and/or quantitative terms, for example for the products to be delivered in that context.
Article 8. Reflection period and right of withdrawal
- When ordering a Product, You consent to its immediate supply, this being the supply of digital content within your 14 day cancellation period, and You acknowledge that Your right to cancel will be immediately lost. Confirmation of this will be included in Your order confirmation.
- You must ensure that You supply us with the correct email address/information for delivery because mistakes made after clicking on payment cannot be rectified.
- The reason for deviating from the right of withdrawal is that a Product cannot be returned because it cannot be ascertained whether the Product has already been used. After all, it concerns digital products of which the seal is broken immediately after delivery. The nature of digital products makes any reflection period and the right of withdrawal impossible, except in case of delayed payment. In that case, the code has not yet been sent by the Client nor received by the JetCash and the product could still be revoked. For this, it is the Client who bears the burden of proof.
Article 9. Delivery of orders
- Under no circumstances will the JetCash be liable for any delay in the delivery of products, except in the event of intent or gross negligence. JetCash guarantees to deliver a working product code, in the absence of which a new code will be delivered (free of charge). Evidence for the malfunctioning of the code lies with the Client.
Article 10. Suspension and dissolution
- The JetCash has the right to declare every agreement with the Client dissolved without judicial intervention, if:- the Client is declared bankrupt;- the Client applies for a provisional suspension of payments;
- - a request by the Client, a natural person, to declare the statutory debt rescheduling applicable is granted by the court;
- - if the Client loses the right to dispose of his assets or parts of them by attachment, placement under guardianship or in any other way;
- - or if the Client is manifestly unable to fulfil his financial obligations.
- As a result of the dissolution, the mutual claims become immediately due and payable. The Client is liable for the damage suffered by the JetCash.
- If the JetCash has reason to doubt the payment capacity of the Client, the JetCash is entitled to postpone the delivery of products until the Client has provided security for the payment. The Client is liable for the direct and indirect damage to be suffered by the JetCash for this delayed delivery.
Article 11. Payment and collection costs
- Unless explicitly agreed otherwise, payment can be made by any of the payment methods offered on JetCash.
- Every financial transaction can be detained if there is a suspicion of a financial risk. If no claim is made by the Client within 30 days, this transaction will be considered to be overdue. A claim on the transaction can be made from the Client via ssupport channels available on the Website.
- If payment is not made within the set term of payment, or if the collection is cancelled without valid reason and not paid within 7 days, the Client will be in default by operation of law and will owe statutory interest on the outstanding invoice, without any reminder or notice of default being required, without prejudice to the right of the JetCash to demand immediate payment of the amount due together with interest and the legal costs.
Article 12. Ownership of Rights
- All rights, including copyright, in this Website are either owned by or licensed to JetCash. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without JetCash’s written permission. You may not modify, distribute or re-post anything on this website for any purpose.
Article 12. Complaints procedure
- Complaints about the work performed must be made known to the JetCash, stating the reasons, within 7 days after the complaint arose, or within 7 days after delivery of the products, via the email address email@example.com whereby an attempt will be made to give a response within 48 hours (on working days). After expiry of the aforementioned periods, the Client will be deemed to have accepted the work performed.
- If a complaint is well-founded, the JetCash has the option of repairing the defect in the work. If this is not possible, the JetCash must change the amount paid in proportion to the complaint.
Article 13. Confidentiality
- The JetCash is obliged to keep any information concerning the client confidential.
Article 14. Force majeure
- The JetCash is not obliged to fulfil any obligation towards the client if he is hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which he is not responsible by virtue of the law, a legal act or generally accepted practice.
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which the JetCash has no influence, but as a result of which the JetCash is unable to fulfil his obligations (e.g. internet failures, interruptions in the payment service, etc.).
- In the event of force majeure, the Client shall immediately notify the JetCash in writing, stating the cause of the force majeure.
- The JetCash is not obliged to fulfil any obligation towards the client if he is hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which he is not responsible by virtue of the law, a legal act or generally accepted practice
- The JetCash has the right to suspend his obligations under the agreement during the period that the force majeure lasts.
- Following notification of force majeure on the part of the JetCash, the Client has the right to cancel the order in writing.
Article 15. Liability
- The JetCash's liability shall be limited to the damage that can be regarded as an immediate and obvious consequence of the fulfilment or faulty fulfilment, all this limited to the amount covered by the JetCash's insurance policy. If in any case the insurance company does not pay out or the damage is not covered by the insurance company, the liability will be limited to the amount relating to the invoice amount or the period of the invoice amount to which the damage relates.
- JetCash is never liable for indirect damage. Indirect damage is understood to mean: consequential damage; loss of profit; missed savings; damage due to business or other types of stagnation.
- JetCash shall never be liable for damage as a result of failure to perform work carried out by third parties or goods delivered by third parties.
- The limitations of liability contained in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the JetCash and/or its subordinates.
- The JetCash is never liable if the client's website goes offline for any reason whatsoever or if something happens to the website that causes damage to the client.
- Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by Our negligence or any of Our employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Article 16. Use of the Products
- We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available in certain jurisdictions. Those who choose to access this site from other countries are responsible for compliance with local laws if and to the extent local laws are applicable.
Article 16. Applicable law and choice of court
- This Website, and any content contained herein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England. All contracts are concluded in English.