G2A TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.2 G2A.COM allows the User to search for and view Items offered by the Seller Stores.
1.3 G2A.COM is not the Seller unless otherwise indicated on the Platform. G2A.COM does not purchase Items from Sellers and does not re-sell them to Buyers (defined below).
1.5 These Terms and Conditions define the legal relations between G2A.COM and Users (defined below).
2.1 Account – means an account kept on the Platform for a User.
2.2 Adjustments – mean any and all refunds, reversals, revocations, chargebacks, Penalties, returns, adjustments, fees, surcharges, expenses, interchange fees and similar fees and assessments, and other payments or amounts due from the Seller and/or from G2A.COM as a result of the Seller’s breach of these Terms and Conditions, Regulations and/or any Intermediate Body Scheme Rules.
2.3 Affiliate – means a corporation, partnership, or other entity that Controls G2A.COM, is Controlled by G2A.COM, or is under common Control with G2A.COM.
2.4 AI Assistants - means an interactive, automated software functionality made available to the User via the Platform, which utilizes artificial intelligence, including but not limited to Large Language Models (LLMs), machine learning algorithms, and natural language processing (NLP), to process data, interpret user instructions, and generate automated data, texts, code, images, or other synthetic outputs.
2.7 Control – the direct or indirect ability to determine, influence, or direct the management, policies, business decisions, commercial activity, or operation of a person or entity, whether through ownership, voting rights, contractual arrangements, management rights, economic interest, beneficial ownership, common management, common corporate bodies, family or personal relationships, common payment instruments, common contact details, common technical identifiers, or any other factual or legal circumstances.
2.8 Excellent Seller – means a Seller who satisfies the qualification criteria published in the G2A Seller Hub or other documentation designated by G2A.
2.9 External Seller Store – has the meaning given to it in section 5.5.1 herein.
2.10 Export Items to the External Seller Store – has the meaning given to it in section 5.5.1(a) herein.
2.11 Fee – means any fees, surcharges, expenses, interchange fees, similar fees and assessments as well as other amounts due for the Services provided by G2A.COM to a User, particularly fees and commissions from Sellers related to the Seller’s activity within the Seller Store, and fees related to G2A PLUS.
2.12 G2A Balance – means a technical service designed to, among other things, store data that presents the records reflecting a User’s claim (in addition to the payment outside the Platform option), and G2A.COM’s obligation to pay such claim to the User if it is due and undisputed.
2.13 G2A Materials - have the meaning given to them in section 11.1.1 herein.
2.14.2 G2A LLC with its registered office in Carson City, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA, entered into the Nevada Registry of Companies under no. E0627762014-7; or
2.14.3. GATE READY Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, business registration number 76175940.
2.15 Import Items from the External Seller Store – has the meaning given to it in section 5.5.1(b) herein.
2.16 Intermediate Body - means an institution that participates in the transfer of payment between a Buyer and a Seller due to the Transaction, and between G2A.COM and a Buyer in the case of G2A PLUS, in particular banks, settlement agents, acquirers, entities operating payment systems, card organizations, electronic money institutions, payment service providers, or financial institutions.
2.17 Intermediate Body Scheme Rules - mean all current and future bylaws, rules, regulations, interpretations, and other guidelines promulgated by any Intermediate Body from time to time.
2.18 Indemnify - has the meaning given to it in section 12.4.1 herein.
2.19 Indemnification - has the meaning given to it in section 12.4.1 herein.
2.20 Indemnified Parties - have the meaning given to them in section 12.4.1 herein.
2.21 Item - means an instrument in electronic form, especially a game activation code, gift card, or other types of vouchers as well as accounts and activation vouchers for in-game items, offered by a Seller within their Seller Store and which entitles the holder of such instrument to receive the Product outside the Platform.
2.22 Penalties - mean any fine and/or amount (including any associated costs) which may be levied on G2A.COM and/or the Seller by a court, government authority, or Intermediate Body due to breaches by the Seller of these Terms and Conditions, Intermediate Body Scheme Rules, or Regulations.
2.23 Products - mean goods and/or services to be supplied, or provided to the Item holder outside the Platform by a third party unrelated to G2A.COM.
2.24 Privacy and Cookies Policy – means a set of rules regulating the processing of personal data and privacy protection policies implemented by G2A.COM and its Affiliates. The Privacy and Cookies Policy is available at https://www.g2a.com/privacy-policy.
2.25 Regulations - mean any applicable laws, statutes, statutory instruments, acts, regulations, orders, directives and guidelines issued by relevant government agencies, regulators, self-regulatory bodies, trade associations, or any other relevant trade and/or industry body rules applicable to a User.
2.26 Sanctions - mean any financial, economic, or trade sanction or restrictive measures established, applied, imposed, or enforced by government authorities of the People's Republic of China, including Hong Kong, the European Union, the United Nations Security Council, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, the U.S. Department of State or any other competent authority.
2.27 Seller – means an entrepreneur, operating in any form, including sole proprietorship, corporation, partnership, or other entity, who operates a Seller Store. A Seller shall include any entity, person, business, or other arrangement that is directly or indirectly Controlled by, Controls, is under common Control with, or otherwise acts on behalf of or for the benefit of the same person, entity, beneficial owner, ultimate beneficial owner, or group of persons or entities, including any person who is a member of a corporate body, management body, supervisory body, controlling body, or any equivalent body or function of such Seller or of any person or entity that Controls, is Controlled by, or is under common Control with such Seller.
2.28 Seller Store - means a dedicated separated space within the Platform with a unique name and unique address operated by a Seller for whom G2A.COM provides tools and functionalities to host, create, modify, and operate an online store within the Platform.
2.29 Software - has the meaning given to it in section 10.1.1 herein.
2.30 Platform – means a group of affiliated websites made available on the Internet in the domain g2a.com and/or the mobile app where Seller Stores are available.
2.31 Reflink - means a special website address generated by a functionality of the Platform, containing a unique identification of a User enabling the Reflinked Person to see the Items offered on the Platform upon clicking it.
2.32 Reflinked Person – means a User who clicked on a Reflink placed by another User, and therefore has a valid cookie in their web browser due to the click on that Reflink.
2.33 Services – mean the services described in section 5.1 herein.
2.34 Terms and Conditions – mean these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Platform and the rights and obligations of Users and G2A.COM.
2.35 Transaction – means a sale transaction executed between the Buyer and the Seller via the Seller Store under which the Buyer purchases an Item from the Seller.
2.36 User – means the Seller, the Buyer or any third party that uses the Services.
3.1 These Terms and Conditions shall apply to relations between G2A.COM and the User.
3.3 Buyer – determination of relevant G2A.COM company.
3.3.1 Without prejudice to sections 3.3.2 (G2A PLUS), 5.4 (Newsletter), 5.9 (G2A Balance) and 5.10 (Goldmine) herein, depending on the residence, headquarters, or place of habitual residence of the Buyer, the Buyer executes these Terms and Conditions with one of the following companies:
(a) G2A LLC with its registered office in Carson City, address: 701 South Carson Street, Suite 200, Carson City, Nevada 89701, USA – in case the Buyer has a residence, headquarters, or place of habitual residence in any of the following countries (territories): Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom; or
(b) GATE READY Limited - in the case the Buyer has a residence, headquarters, or place of habitual residence in the United States of America; or
(c) G2A.COM Limited with its registered office in Hong Kong, address: 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong – in case the Buyer has a residence, headquarters, or place of habitual residence in any other countries (territories) than those set forth in sections (a) – (b) above.
3.3.2 In the case of G2A PLUS referred to in section 5.7, the Buyer executes these Terms and Conditions with one of the following companies, depending on the place of residence, headquarters, or place of habitual residence of the Buyer:
(a) G2A LLC – in the case the Buyer has a residence, headquarters, or place of habitual residence in Australia, Singapore, or the United Kingdom; or
(b) GATE READY Limited - in the case the Buyer has a residence, headquarters, or place of habitual residence in the United States of America; or
(c) G2A.COM Limited – in the case the Buyer has a residence, headquarters, or place of habitual residence in other countries than those set forth in sections (a) – (b) above.
3.4 Seller – determination of relevant G2A.COM company.
3.4.1 Depending on the type of Services used by the Seller, such Service is provided by one of the following G2A.COM companies:
(a) Services such as Account, Seller Store functionalities, Advertising content and browsing functionalities, G2A Discount program, G2A Balance, Selected Offer, Sponsored Selected Offer, and AI Assistant are provided to the Seller depending on the Seller’s residence, registered office, or place of habitual residence, by:
(i) G2A LLC – if the Seller has its residence, registered office, or place of habitual residence in any of the following countries or territories: Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand, or the United Kingdom; or
(ii) GATE READY Limited – if the Seller has its residence, registered office, or place of habitual residence in the United States of America; or
(iii) G2A.COM Limited – if the Seller has its residence, registered office, or place of habitual residence in any countries or territories other than those set out in items (i)–(ii) above;
(b) Services related to the handling of a Transaction concluded between the Seller and the Buyer are provided to the Seller depending on the Buyer’s residence, registered office, or place of habitual residence, by:
(i) G2A LLC – if the Buyer has its residence, registered office, or place of habitual residence in any of the following countries or territories: Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand, or the United Kingdom; or
(ii) GATE READY Limited – if the Buyer has its residence, registered office, or place of habitual residence in the United States of America; or
(iii) G2A.COM Limited – if the Buyer has its residence, registered office, or place of habitual residence in any countries or territories other than those set out in items (i)–(ii) above.
3.7. Users to whom the Services are provided by GATE READY Limited are also bound by the provisions set out in Annex No. 3 [Terms And Conditions for Transactions with Users from U.S.], which, in addition to these Terms and Conditions, govern the rights and obligations of the Parties.
4. Platform, FORBIDDEN actionS, AND PLACEMENTS
4.1.1 The minimum technical requirements necessary to use the Platform are as follows:
(a) access to e-mail;
(b) electronic devices with Internet access;
(c) a web browser with support enabled for Cookies and JavaScript.
4.2.1 The User may not provide content to the Platform that:
(a) causes work disturbance or overloads of G2A.COM online systems, including the Platform;
(b) breaches Regulations and/or these Terms and Conditions;
(c) violates third-party rights, including copyright, intellectual property rights, or personal rights;
(d) is otherwise unlawful content.
4.2.2 The User acknowledges and accepts that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the User’s data by unauthorized persons as well as “infecting" the online system with various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses".
(a) In case of Item rankings within the Platform's search engine results are determined by the following factors:
(i) data related to an Item offer – (following paid promotion, these factors are listed in order of their influence on display position, from the most significant to the least significant) - the number of Items purchased by Buyers in time intervals, the type and category the item, the relevancy score of the User’s query, availability of the Item, Item’s regional parameters affecting its ability to be used by the relevant User, and the Item’s release date. Thanks to this, the offers are better suited to the User’s individual preferences;
(b) In case of the ranking on the Item page related to the Item
(i) paid promotion of a particular Seller's (Seller Store) offers which allows them to place their Item offers higher than the offers of other Sellers (Seller Stores); paid promotion of a particular Seller's (Seller Store) offers enables G2A.COM to generate revenue and has the greatest impact on the position of the listed offer; and
(ii) following paid promotion, these factors are listed in order of their impact on display position, from the most significant to the least significant - the price of the Item within the offer, the number and ratio of positive and negative reviews about the Seller (Seller Store), and the delivery method of the Item (instant or postponed). Thanks to this, offers from Sellers with a good reputation, who properly fulfill their obligations and offer a lower price are to be listed higher than the offers of other Sellers;
(c) in case the ranking of the Selected Offer place (from the most significant factor to the least significant factor):
(i) Price of the Item – the price of the Seller’s offer in comparison with prices of the same Item offered by other Sellers on the Platform. Offers with lower prices may receive a higher ranking. Thanks to this, the User can receive the offer that has the lowest price;
(ii) The delivery setting preferences of the Seller. Faster commitment to deliver the Item to the Users is taken into account. Thanks to this, the User Item will be delivered to Users immediately after purchase
(iii) Seller rating – the Seller’s rating on the Platform. Sellers with ratings (Buyers' feedback) above 85% may receive a more favorable ranking. Thanks to this, offers are delivered by Sellers with a good reputation, who properly fulfill their obligations;
(iv) Item availability – the availability of the Item offered by the Seller, including maintaining a minimum stock of at least 10 units of the Item. This reduces the risk of failure to deliver the Item to Users.
(v) the delivery method of the Item (instant or postponed) - offers with instant delivery may receive a higher ranking. As a results, the User may receive the Item immediately after purchase, which improves the speed and convenience of the Transaction.
(d)Items offered as Selected Offer or Sponsored Selected Offer are chosen as follows:
(i) automatic - (aa) the system automatically selects Item for promotion; (bb) for each selected Item, the system displays the sponsored offer as the preferred offer;
(ii)manual - (aa) a specific offer or Item can be manually configured for specific sponsored placements; (bb) Selected Offer or Sponsored Selected Offer positioning is managed through business processes as described in these Terms and Conditions; (cc) sponsored Items should be clearly identified as sponsored.
Selected Offer or Sponsored Selected Offer may be displayed as sponsored placement in various areas of the Platform, including in particular: homepage promotional sections, Item offers, Item pages, recommendation modules.
4.3.3 Within the Platform, in addition to the default placing of Item offers according to the parameters referred to above in sections 4.3.1 and 4.3.2, the User can choose the following types of sorting of Item offers, i.e.:
(a) in the Item page related to the Item:
(i) Price - from the lowest. It takes into account the price attached to the Item in the listing in descending order; however, the paid offer is always at the top of the sorting;
(ii) Best rating. It takes into account the criteria in the following order: availability of the Item, and the number and ratio of positive and negative reviews about the Seller (Seller Store).
Users may select the above criteria to determine the ranking of Items. This will result in the Items being displayed according to the chosen criteria; however, paid offers will always be displayed first.
(b) Item rankings within the Platform's search engine results are determined by the following factors:
(i) Best Match - relevance to the search query;
(ii) Bestsellers - popularity and sales volume;
(iii) Release date: Oldest - chronological order;
(iv) Release date: Newest - reverse chronological order;
(v) Price: Lowest first - ascending price;
(vi) Price: Highest first - descending price. Users may choose the above criteria used to determine item ranking.
5. Services provided by G2A.COM
5.1.1 G2A.COM provides Users with the following electronic services:
(b) Seller Store functionalities,
(c) Advertising content and browsing functionalities,
(d) Newsletter,
(e) G2A API,
(f) G2A Marketplace Rating System,
(g) G2A PLUS,
(h) G2A Discount program,
(i) G2A Balance,
(j) Goldmine,
(k) Selected Offer,
(l) Sponsored Selected Offer,
(m) Physical Delivery Service,
(n) AI Assistant.
5.1.2 Services (or any other functionalities incorporated into the Platform) can be different in various countries or regions. No guarantee is given that a service or functionality of a certain type of Service will be available for all Users. G2A.COM may restrict, decline, or create another level of access relating to the Services (or any other functionality incorporated into the Platform) as required by Regulations, technical limitations or security considerations.
5.1.3 G2A.COM reserves the right to make temporary unavailability of access to the Platform, and Services, which may occur due to modernization works or technical problems. G2A.COM will use commercially reasonable efforts to make the Platform, and Services available with an uptime percentage of at least 80% during a yearly cycle. In the event of the occurrence of any critical issue in the Platform, and Services, G2A.COM will endeavor to remove a bug or provide a bug workaround (workaround does not mean a bug fixation but allows the use of key functionalities) within 1 (one) week hereof. The User acknowledges that from time-to-time G2A.COM may perform reasonable scheduled and emergency maintenance, and the Platform and Services may be unavailable during the times G2A.COM is performing such maintenance.
5.2.1 Establishment of legal relationship with G2A.COM.
The legal relationship between the User and G2A.COM enters into force immediately after:
(a) the Seller successfully registers the Account on the Platform; or
(b) the Buyer successfully registers the Account or agrees to these Terms and Conditions during the Transaction process if the Buyer uses the Platform without registration of the Account.
5.2.2 Representation and warranties – the natural person (individual).
(a) Each User who is a natural person (individual) hereby represents, warrants, and undertakes that:
(i) they are at least eighteen (18) years old (or have reached another age which allows pursuant to relevant Regulations to execute legally binding agreements), and have full capacity to assume and exercise the rights and obligations regulated in these Terms and Conditions;
(ii) should the User act for and on behalf of a third party, they are authorized to assume and exercise the rights and obligations regulated in these Terms and Conditions for and on behalf of such third party; and
(iii) they have and will maintain all necessary licenses, consents, and permissions necessary for the performance of their obligations under these Terms and Conditions (if required by applicable Regulations).
5.2.3 Representation and warranties – legal person.
(a) Each User who is a legal person hereby represents, warrants, and undertakes that:
(i) it is a corporation duly organized, validly existing, and in good standing under the laws of its seat, has the power and authority to engage in the activities that are the subject of these Terms and Conditions, and is pursuing commercial goals;
(ii) these Terms and Conditions constitute a legal, valid, and binding obligation in relation to the User, enforceable against the User in accordance with applicable Regulations;
(iii) it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions (if required by applicable Regulations); and
(iv) it may execute a legal relationship with G2A.COM in accordance with these Terms and Conditions, and the applicable Regulations, especially that the country, state, or province where it has a residence, headquarters, or place of habitual residence does not prohibit it from using the services offered within the Platform.
5.2.4 Registration and Account Use.
(a) To set up an Account the User is obliged to fill in the registration form available on the Platform. Thereafter, G2A.COM will open an Account. To register the Account, the User may not use a disposable or temporary e-mail address.
(b) The User hereby acknowledges and agrees that G2A.COM utilizes tools to detect the localization of computer network devices (and the connection) as regards the country from which the User’s activity on the Platform is performed. The User hereby agrees to confirm or make available specific data to confirm their place of residence, headquarters, or place of habitual residence.
(c) The User is entitled to set up only one (1) Account unless G2A.COM decides otherwise.
(d) The User is obliged to exercise reasonable care to ensure that up-to-date data, documents, and information provided during the registration process are always assigned to the Account.
(e) The User may not share or make available access to the Account to a third party (this section does not apply to the Seller in terms of making their Account available to the persons entitled by the Seller to act on their behalf and use the Account; G2A.COM may request the Seller to provide a list of persons entitled to use the Account, which the Seller shall deliver within 7 (seven) calendar days from receipt of the notice in this respect).
(f) The User is responsible for keeping the Account credentials, including username and password, strictly confidential. The User agrees to immediately notify G2A.COM of any unauthorized use of their Account.
(g) If set out in the Account, the User may be permitted to invite users to the Platform, who will be permitted to access and use the Platform under their Account. Such a person will have permission to access certain features of the Platform and the User’s Account. The User will ensure that each such person complies with these Terms and Conditions. The User is responsible and liable for the acts or omissions of such person.
5.2.5 Know-Your-Customer.
(a) To register as a User, G2A.COM may require data, documents, and information from the User to pass a Know-Your-Customer process. Such data, documents, and information provided by the User must be true, accurate, valid, and complete.
(b) The User shall immediately report all changes to the data, documents, and information provided to G2A.COM to keep them true, accurate, valid, and complete.
(c) If a User has a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other forms of a corporate transaction) or closed or lost their right to act as an entrepreneur (if any), the User shall give notice to G2A.COM within 10 (ten) calendar days after the change of control.
(d) Without prejudice to any rights and legal remedies available to the person and/or entity, G2A.COM reserves the right to refuse any person and/or entity to register as a User and/or cease providing Services to them if:
(i) such person and/or entity fails to provide the data, documents, and information requested by G2A.COM (also during periodically carrying out the Know-Your-Customer of Users); or
(ii) any person’s and/or entity's application violates Regulations, in particular AML/CFT policies and regulations, or there is a reasonable suspicion of a violation of the Regulations.
(e) G2A.COM may also be obliged to periodically carry out the Know-Your-Customer process due to applicable Regulations. In such a case, G2A.COM is entitled, and the User is obliged to provide information, data, and documents requested by G2A.COM.
(f) Until the entire Know-Your-Customer process is completed, G2A.COM may prevent access, suspend, or limit the use of the Account by a User.
5.2.6 Sanctions.
(a) G2A.COM refuses to provide the Services to Users who are subject to Sanctions, or who are located, resident, incorporated, established, or have their place of habitual residence, registered office, or principal place of business in any country or territory subject to Sanctions, or in any country or territory where G2A.COM does not provide the Services as determined by G2A.COM at its sole discretion. G2A.COM may also refuse to provide the Services where the User’s activities, ownership, control, relationships, payment instruments, or other circumstances, whether directly or indirectly, may pose an increased risk of money laundering, terrorist financing, Sanctions violation, fraud, or other compliance risk.
(b) The User represents and warrants that the User is not subject to Sanctions, is not a resident of a Sanctioned country and/or territory, does not use, whether directly or indirectly, the currencies of those Sanctioned countries and/or territories, and does not hold any financial instruments issued by those Sanctioned countries and/or territories.
5.2.7 Automated Payments
(a) Any Seller who has consented to Automated Payments in their Account and selected the appropriate payment methods within this mechanism authorizes companies G2A.COM Limited, G2A LLC, or GATE READY Limited to:
(i) execute, once or multiple times and without limitation on the amount, payments on behalf of the Seller to G2A.COM Limited, G2A LLC, or GATE READY Limited corresponding to the total amount payable by the Seller for the use of the G2A API service, including the price of the purchased Item on the Platform and any applicable Fees;
(ii) execute, once or multiple times and without limitation on the amount, payments on behalf of the Seller to G2A.COM Limited, G2A LLC or GATE READY Limited corresponding to any Adjustments resulting from the Seller’s breach of these Terms and Conditions, Regulations, and/or any Intermediate Body Scheme Rules.
(b) The authorization granted by the Seller under the Automated Payments mechanism, as set forth in section 5.2.7(a) above, is valid for an indefinite period until revoked by the Seller. The Seller has the right to revoke this authorization at any time by making the appropriate changes in their Account.
(c) Authorization for payments under the Automated Payments mechanism shall be executed in the order of payment methods established by the Seller in their Account.
(d) Authorization for payments under the Automated Payments mechanism entitles G2A.COM Limited, G2A LLC, or GATE READY Limited to initiate a payment using the next available payment method specified by the Seller in case the initial transaction is not successfully executed, regardless of the reason.
5.3 Seller Store Functionalities.
5.3.1 G2A.COM provides various digital tools for Sellers to host, set up, and operate Seller Stores where the Items are offered, including a range of tools to build and customize the Seller Store, enable selling in multiple places (including the Seller Store and other online locations, e.g., External Seller Store), manage offerings, marketing, and advertising, and engage with existing and potential customers.
5.3.2 The Seller may tailor the appearance of the Seller Store to suit their needs. G2A.COM may, where necessary to ensure compliance with these Terms & Conditions, Regulations or the proper functioning of the Platform, add or modify certain elements in the appearance of the Seller Store only in the event that a given element refers to G2A.COM and/or any of the elements being a part of the Seller Store violates these Terms and Conditions and/or applicable Regulations.
5.3.3 The Seller is responsible for ensuring that Seller’s commercial information, including legal name, address, telephone number, e-mail, the trade (or similar public) register in which the trader is registered, and its registration number or equivalent, tax identification number, and any other information required by applicable Regulations is visible within the Seller Store area.
5.3.4 Within the Seller Store functionalities, G2A.COM provides a Seller with an optional tax rates management tool. The tax rate information included in the tax rates management tool may differ from the information published by official public authorities. The Seller is obliged to check the correctness of the information with official equivalents published by the public authorities and determine the appropriate tax rate applicable to the Items offered within their Seller Store. G2A.COM strongly recommends seeking specialist advice in this respect. In particular, tax rates management tools available within the Seller’s Store should be used for ease of reference only and not as a substitute for independent tax advice.
5.3.5 Based on the information provided by the Seller, G2A.COM provides exemplary, pre-prepared templates of descriptions of selected Item categories, which may be offered at the Seller Stores. Templates of the Items descriptions should be used for reference only and should not be recognized as an assessment of a specific Item. The Seller is obliged to provide true, accurate, valid, and complete information to prepare the Items descriptions, in compliance with real Items features, interoperability, and compatibility. G2A.COM assumes no responsibility for the compliance of the Items description with its content, in a situation when the Seller misinforms regarding the Item. The Seller hereby entitles G2A.COM to use the information defined here and provided by them free of charge, to prepare descriptions of Items being offered, including modifications, alterations, and translation of this content into other languages.
5.4.1 When a User signs up for the Newsletter, G2A.COM Limited provides free of charge a newsletter service to Users that includes commercial information regarding the Platform, changes and news in its functionality as well as events related to the activity conducted by G2A.COM and/or its Affiliates.
5.4.2 The newsletter is provided for an indefinite period upon subscribing to it. Each User may terminate the newsletter at any time by deactivating it in the Account or by clicking on the link in each email to cancel a subscription included in a newsletter message.
5.4.3 G2A.COM Limited may terminate the newsletter at any time.
5.4.4 The Newsletter shall be sent to where the User has consented, in particular the e-mail, SMS or WhatsApp, provided by a User upon signing up for the newsletter.
5.5.2 Export Items to the External Seller Store
(a) The Export Items to the External Seller Store sale is deemed completed when G2A.COM receives confirmation from the payment provider (inter alia from a bank and/or payment institution) that funds for sold Items are duly transferred by the External Seller Store to the Seller and/or G2A.COM.
(b) Each time the Export Items to the External Seller Store is completed, the payment method selected by the Seller under the Automated Payments mechanism shall be immediately charged for the price of sold Items and other Fees which are to be paid for the Services provided. The Seller who has implemented the G2A API on the External Seller Store is required to maintain sufficient and adequate funds in the payment methods selected by the Seller under the Automated Payments mechanism to meet all external buyers' demands for Items offered in its External Seller Store and to pay G2A.COM any and all due Fees. For the avoidance of doubt, G2A.COM is not responsible for the collection of any price and/or fee from an external buyer who purchased an Item under the Export Items to the External Seller Store (this obligation rests with the Seller).
5.5.3 Import Items from the External Seller Store
(a) In relation to sales carried out in the Import Items from the External Seller Store, the provisions of section 5.5.2 shall not apply; instead, such sales shall constitute, and be governed by the same provisions applicable to, an ordinary Transaction executed via the Seller Store.
5.5.4 General rules relating to G2A API
(a) G2A.COM is entitled to impose restrictions on the number of transactions that may be carried out through the G2A API, the frequency of price changes for individual Items offered by Sellers, as well as other limitations related to the use of the G2A API, provided that such limitations are described in the documentation referenced below: https://www.g2a.com/integration-api/documentation/import/v3/ and https://www.g2a.com/integration-api/documentation/export/#api-Products-GetProducts. The G2A API may be implemented with the third-party application that allows the listing and offering of Items on the Seller Store directly from the third-party application panel.
(b) By using G2A API the User accepts that G2A API is a constantly evolving service, and G2A.COM may issue updates to the G2A API from time to time. Each Seller who uses the G2A API is obligated to instantly apply any updates released by G2A.COM. For the avoidance of doubt, G2A.COM shall not at any time be obliged to provide any modifications to the G2A API, including without limitation any updates, upgrades, and/or any new version of the G2A API.
(c) G2A API cannot be used on portals with the status of a hosting provider (i.e., by entities providing a service consisting of storing information provided by the service recipient and at their request).
5.6 G2A Marketplace Rating System.
5.6.1 The G2A Marketplace Rating System enables:
(a) Buyers to leave reviews regarding a Seller or an Item.
(b) Users to utilize a Dispute Management Tool to address transaction-related issues.
5.6.2 Reviews on Items and Sellers
(a) Buyers who have purchased an Item are entitled to provide reviews about the Sellers and/or the Items. The review includes awarding both a content and a rating of Seller or Items. Reviews must not be sponsored, and the contractual relationship with the Sellers must not influence their content. G2A.COM does not, as a rule, verify reviews provided by Buyers, but it may do so when it receives a report in this regard or becomes aware that a given review may violate the provisions of these Terms and Conditions. G2A.COM verifies if the data provided by the Buyer during the Transaction matches with the person who wish to add review – only a Buyer (person or entity who purchased an Item) may add a review on the Platform.
(b) A Buyer’s review within the G2A Marketplace Rating System must be submitted within 120 (one hundred twenty) days of the purchase.
(c) Buyers are solely accountable for the content of the reviews they provide.
5.6.3 Dispute Management Tool
(a) If a Seller receives negative reviews, the Dispute Management Tool offers the following options:
(i) to initiate a dispute with the Buyer through the conversation module in the Seller Store, allowing the Seller to request the Buyer to clarify the reasons behind for the negative review and consider modifying it (at the Buyer's discretion).
(ii) to notify G2A.COM of any reviews abuse.
(b) The Dispute Management Tool allows for a one-time amendment of negative reviews by the Buyer, provided, , that the Buyer initiated a dispute with the Seller from whom they purchased the relevant Item, and the Seller resolves the issue through the conversation related to the dispute no later than 14 (fourteen) days from the date of it was opened, by:
(i) Providing the Buyer with a full refund for the Item ; or
(ii) Supplying the Buyer with a replacement Item of the same type.
(c) If the Buyer accepts the refund or replacement provided by the Seller after initiating a dispute, the Dispute Management Tool enables the Buyer to modify the negative reviews. If the Buyer fails to respond within 7 (seven) days, after being notified that the Seller has resolved the dispute in accordance with section 5.6.3. (b) above, G2A.COM may treat such review as neutral solely for the purpose of calculating the Seller’s rating or other Platform metrics. If the replacement Item does not resolve the dispute with the Buyer, the relevant reviews will remain unchanged.
(d) If the Seller offers a replacement Item that differs from the original Item, the Dispute Management Tool does not permit a modification of the existing negative review. In such case, the Buyer may a new review concerning the Seller.
5.6.4 G2A.COM Support and Verification
(a) To protect the integrity, reliability, transparency, and trustworthiness of the G2A Marketplace Rating System, G2A.COM may verify, moderate, refuse to publish, hide, remove, disable, neutralize, recalculate, disregard, or otherwise modify the visibility or impact of any review, rating, feedback, comment, reputation indicator, or related content if G2A.COM determines, or has reasonable suspicion, that such content or activity:
(i) is abusive, threatening, harassing, hateful, discriminatory, obscene, defamatory, false, misleading, malicious, illegal, or otherwise harmful;
(ii) impersonates G2A.COM, its Affiliates, another User, or any other person or entity;
(iii) infringes or may infringe third-party rights, including intellectual property, privacy, confidentiality, personal data protection, or similar rights;
(iv) contains personal data, contact details, payment details, advertising, spam, malware, phishing content, website addresses, or content intended to move communication or Transactions outside the Platform;
(v) is unrelated to the relevant Item, Seller, Transaction, or genuine Buyer experience, or is unreadable, repetitive, automated, mass-generated, or otherwise non-substantive;
(vi) was submitted, requested, induced, purchased, exchanged, rewarded, reimbursed, pressured, threatened, coordinated, generated, or otherwise influenced in exchange for money, refund, discount, free or replacement Item, benefit, incentive, compensation, or any other consideration;
(vii) was submitted by or on behalf of the Seller, any person or entity Controlled by, Controlling, under common Control with, or otherwise connected with the Seller, or any person having a conflict of interest with respect to the relevant Seller, Item, or Transaction;
(viii) was submitted or caused to be submitted to artificially increase, decrease, distort, suppress, or otherwise manipulate ratings, reviews, rankings, reputation indicators, offer visibility, Seller status, selected offer placement, or other Platform metrics;
(ix) results from fake, sham, self-dealing, circular, coordinated, repeated, or otherwise non-genuine Transactions, or was generated, supported, submitted, or manipulated by bots, automated tools, scripts, AI-based tools, review farms, account farms, fake or compromised Accounts, multiple Accounts, or other artificial or non-human means;
(x) constitutes review extortion, retaliation, coercion, harassment, blackmail, or an attempt to force a User to provide money, refund, replacement, discount, benefit, or other action in exchange for creating, changing, removing, or not submitting a review, rating, or feedback; or
(xi) violates Regulations, these Terms and Conditions, Platform policies, Intermediate Body Scheme Rules, or the rights or legitimate interests of G2A.COM, its Affiliates, Users, Buyers, Sellers, or third parties.
(b) The Seller shall not request, solicit, pressure, incentivize, purchase, exchange, reimburse, compensate, or otherwise induce any Buyer or third party to submit, change, remove, suppress, or refrain from submitting any review, rating, or feedback, except through neutral, non-incentivized, and Platform-compliant requests for honest feedback.
(c) A negative review shall not be removed or modified solely because it is unfavorable to the Seller, provided that it reflects a genuine Buyer experience and does not violate this Section 5.6.4, these Terms and Conditions and/or Regulations.
(a) Subject to the condition that this version of the G2A PLUS program is of a pilot nature and intended for selected Buyers, such Buyers chosen by G2A.COM who hold an Account may join the G2A PLUS program which is offered in both free and premium (paid) versions. Under it, the Buyer is entitled to collect points, which can be used to receive benefits presented on the Platform. As part of participation in the G2A PLUS program, information regarding Sellers’ offers, to which points may apply, will be provided by G2A.COM. Each point is equal to EUR 0.01.
(b) Points will be awarded for the Buyer’s executed Transaction on the Platform via the website (excluding the Transaction executed via the G2A.COM mobile app), which will be scored and described on the Platform. Each point collected is valid for 365 days from the date of acquisition. After this period, any unused points will expire.
(c) Points will not be awarded for Transactions to which discount codes or other benefits that reduce the price of the Items regarding the Transaction have been allowed and applied by the Seller (excluding the discount granted under the G2A PLUS program).
(d) Points collected may not be combined with the Seller’s discount codes or with any other benefits that the Buyer may receive through the Platform, nor may they be used to purchase cryptocurrency items, unless expressly stated otherwise on the Platform. G2A.COM may introduce reasonable limitations regarding the number of points that the Buyer may acquire, as well as on specific Sellers’ offers to which the points may be applied. Points collected may not be resold, exchanged, transferred, or otherwise monetized.
(e) If the Buyer refunds the Item purchased from the Seller, the points acquired under the G2A Plus program shall not be refunded by G2A.COM.
(f) In the event that a Buyer withdraws and/or resigns from any versions of G2A PLUS, all points accumulated by the Buyer will expire.
5.7.2 Premium versions of G2A PLUS - benefits:
(a) The Buyer may purchase the subscription for the G2A PLUS premium version under which they may obtain in each month of subscription the following benefits:
(i) One (1) game activation code for a video game that may be claimed by the Buyer starting, respectively, from the date when the G2A PLUS subscription has been paid by the Buyer and then on each anniversary of the month of subscription purchase for the duration of the subscription; any unclaimed game activation code within the aforesaid period is lost;
(ii) Top Priority Support;
(iii) discounts that are to be presented at g2a.com/plus;
(iv) other benefits that are to be presented at g2a.com/plus.
(b) The game activation code as mentioned in point (a)(i) above is assigned to the Buyer’s account on an external platform that offers a possibility to redeem a game activation code in exchange for a video game to download.
(c) Discounts may be subject to limitations, including category, item, territory, and/or the number of items that may be purchased with a discount in a month. The aforesaid limitations shall always be presented at g2a.com/plus.
(d) G2A.COM declares and the User agrees that all the benefits under the G2A PLUS premium version may not be available in each month of subscription. The Buyer agrees that in some months of the G2A PLUS premium version subscription, they will be able to obtain only part of the benefits mentioned above, which will not affect or lead to the reduction and/or refund of the fee paid by the Buyer for the G2A PLUS premium version subscription.
(e) G2A.COM shall not be responsible for any items that the Buyer may receive from an external partner (this section shall not be applied to Top Priority Support) with the use of the G2A PLUS premium version unless the applicable law provides otherwise. The Buyer acknowledges and accepts that under the G2A PLUS premium version they may receive only access to benefits provided by an external partner, and G2A.COM is not a provider of items that can be purchased from the external partner on preferential conditions due to participation in the G2A PLUS premium version. Any responsibility related to a given benefit received by the Buyer within participation in G2A PLUS lies with the external partner who provides the Buyer with Items unless the applicable law provides otherwise.
5.7.3 The Buyer may purchase the G2A PLUS premium version for:
(a) a limited period - 1 (one), 3 (three), 6 (six), or 12 (twelve) months, or
(b) an indefinite period – with a billing period of 1 (one) or 12 (twelve) months.
5.7.4 Fee and payment for G2A PLUS.
(a) The G2A PLUS premium version subscription shall start once the Buyer pays for the subscription.
(b) The price for the G2A PLUS premium version shall be paid, in advance, by a Buyer through a single payment or by means of a recurring payment method. The single payment may be used solely for the G2A PLUS premium version purchased for a limited time. The recurring payment method may be used solely for the G2A PLUS premium version purchased for an indefinite period.
(c) If the Buyer purchased the G2A PLUS premium version for an indefinite period, then the G2A PLUS premium version subscription Fee shall be billed each time in advance monthly, or yearly (depending on the billing period selected by the Buyer) from the Buyer’s recurring payment method selected by the Buyer during the purchasing process, unless and until the Buyer cancels it in the Account.
(d) The benefits under the G2A PLUS premium version are to be provided to the Buyer who bought it with the use of a recurring payment method only when G2A.COM receives the price for it billed monthly or yearly.
5.7.5 Suspension, and cancellation of G2A PLUS.
(a) If the Buyer does not want to continue the subscription of G2A PLUS:
(i) in the case of the G2A PLUS premium version – the Buyer may cancel the subscription at any time by unselecting the subscription in the Account, however, the cancellation shall take effect at the end of the current billing period, unless the Platform states otherwise or applicable Regulations require otherwise. The Buyer shall retain access to G2A PLUS until the end of the current billing period. Fees paid for the current billing period are non-refundable, except where a refund is required by applicable Regulations.
(ii) in the case of the G2A PLUS free version – the Buyer may cancel it by creating a ticket on the G2A Support Center ; G2A.COM shall within 3 (three) days after receiving a ticket in question, cancel the Buyer's G2A PLUS free version subscription.
(b) G2A.COM reserves the right to suspend or cancel the Buyer’s G2A PLUS subscription, in compliance with applicable Regulations, at any time if:
(i) the Buyer violates these Terms and Conditions, and/or Regulations;
(ii) In relation to the next settlement period of the G2A PLUS subscription, there are not enough funds in the Buyer’s bank account, virtual balance, or any other payment instrument selected by the Buyer during the purchasing process to charge a price for the next settlement period.
5.7.6 Each Seller may take part in the G2A PLUS program and can additionally promote their Items under G2A PLUS as offers with additional discounts granted by the Seller within this program.
5.7.7 Each Seller who wishes to not participate in the G2A PLUS program is entitled to resign from it at any time. To do so, the Seller must provide G2A.COM with their resignation via email or in a written form delivered at the following address: G2A.COM Limited, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.
5.7.8 The settlements between G2A.COM and the Seller due to the Seller’s participation in the G2A PLUS program are regulated separately between G2A.COM and the Seller.
5.8 G2A Discount Program.
5.8.1 Each Seller may take part in the G2A Discount program under which the Seller may make available to the Buyer discount code(s) that may be used to decrease the sale price of the Items offered within the Seller Store.
5.8.2 To use the discount code under the G2A Discount program, the Buyer shall insert it in the dedicated place during the purchasing process on the Platform.
5.8.3 Use of the discount code may be subject to the terms and conditions set by the Seller, for whom G2A.COM provides services as set forth in section 5.8.6 and the tools to enable publishing the specific rules related to the given promotion and/or campaign. For the avoidance of doubt, the Buyer who intends to use the discount code may be obliged to meet all criteria as stated in the discount offer of the Seller, which includes but is not limited to, minimum and/or maximum purchase requirements, category, Items, territory restrictions, discount reuse limitations, expiration date, the value of the discount, etc. If during the use of the discount code under the G2A Discount program the Buyer opts for using the payment method enabled by particular Seller’s Store and integrated within the Platform, the Buyer may be obliged to fulfill additional requirements stipulated by the chosen payment service provider, e.g. to make a payment of minimum EUR 0.1 for each Item to which the discount applies.
5.8.4 In the event the Buyer violates these Terms and Conditions, Regulations, and/or the Buyer takes any actions to bypass or circumvent the provisions of this G2A Discount program, then the Seller may authorize G2A.COM to exclude such Buyer from the G2A Discount program offered by the given Seller, which means that the discount code possessed by such Buyer will be canceled and/or they will not be entitled to use any further discount code.
5.8.5 The discount code offered by the Seller under the G2A Discount program is not refundable, redeemable for cash, and cannot be resold, exchanged, transferred, or monetized in any way by the Buyer unless the discount code offers or Regulations state otherwise.
5.8.6 Each Seller who participates in the G2A Discount program authorizes G2A.COM to provide administration services and to administer marketing campaigns related to the G2A Discount program, including the provision of tools enabling sharing and use of discount code(s) with the exception that G2A.COM does not provide tools to organize promotions and/or campaigns related to the in-app items.
5.8.7 Each Seller who wishes to not participate in the G2A Discount program is entitled to resign from it at any time. To do so, Seller must provide G2A.COM with their resignation in a written form delivered at the following address: G2A.COM Limited, address 31/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, China.
5.9.1 Except for payments made outside the Platform, the User may pay out funds from Transactions and the Goldmine program transferred to their G2A Balance.
5.9.2 For a Seller, the claim for funds recorded on the G2A Balance for a given Transaction against G2A.COM Limited, G2A LLC, and/or GATE READY Limited becomes due within seven (7) to fourteen (14) calendar days from the Transaction date. This pay out amount will be reduced by any applicable Fees, Adjustments, and other sums the Seller is obliged to pay under these Terms and Conditions.
5.9.3 The User’s commission earned under Goldmine is available on the G2A Balance after the User transfers it from the Goldmine account, subject to a three (3)-day verification period.
5.9.4 In order to execute the claim for payment of funds described on the G2A Balance, the User is required to complete verification procedures or meet other requirements specific to a selected withdrawal method.
5.9.5 Subject to other provisions of these Terms and Conditions, before the payment of the receivable due to the User under G2A Balance begins, it may be suspended by G2A.COM where reasonably necessary to comply with Regulations until the User provides it with data, documents or information required by G2A.COM in connection with the obligations arising from the Regulations, and after completing the verification, G2A.COM will pay the User the requested receivable within 7 (seven) calendar days from the moment when the User's data, documents and information are verified (verification should take place no later than within 7 (seven) calendar days from the date of their receipt).
5.9.6 The claim for payment of funds described on the G2A Balance is not subject to interest.
5.9.7 If the Seller is unable to return the funds to the Buyer via the same payment method that the Buyer used to pay for the Transaction, then the Seller may use the G2A Balance tool and make such a refund to the G2A Balance assigned to the Buyer if the Buyer expressly agrees to receive the refund to G2A Balance.
5.9.8 G2A.COM may suspend the payout of funds from G2A Balance in the event of any of the following events or circumstances:
(a) failure to provide information, data, and documents by the User requested by G2A.COM which are justified in connection with the execution of the payout, in particular the ones required under Know-Your-Customer verification;
(b) the funds are acquired contrary to the Regulations, in particular in violation of the provisions regarding the money laundering and/or terrorist financing by the Seller;
(c) receiving by G2A.COM and/or its Affiliates an order from a public authority to suspend and/or block payouts;
(d) there is a reasonable suspicion that funds acquired under a given Transaction may originate from a crime and/or that may constitute a violation of the rights of third parties, in particular, intellectual property rights;
(e) the Seller has caused damage to G2A.COM and/or its Affiliates or there is a reasonable probability that the Seller's actions and/or omissions may cause damage to G2A.COM and/or its Affiliates;
(f) the User is in arrears with the payment of the Fee to G2A.COM.
5.9.9 G2A.COM does not bear responsibility for any changes in the currency exchange rates that may take place during the payout being suspended for the reasons in question.
5.10.1 Without prejudice to other parts of these Terms and Conditions, the User that participates in Goldmine may receive a commission, if all the following conditions specified below are met:
(b) The Transaction set forth in section (a) above takes place within 24 (twenty-four) hours of clicking the Reflink by the Reflinked Person, and that Reflinked Person at the moment of commencing Transaction has valid cookies of that Reflink in the web browser through which they make a purchase an Item (the period of 24 (twenty-four) hours may be extended up to 30 (thirty) days by G2A.COM);
(c) 11 (eleven) calendar days have elapsed from the date of delivery of a relevant Item to the Reflinked Person and G2A.COM has not been informed by the Seller that during this time the Reflinked Person submitted a complaint, requested for a refund, or withdrawn from the Transaction;
(d) The commission generated as a result of the Transaction must be equal to or exceed EUR 0.01 (the generated commission below such value is not granted to the User; for the avoidance of doubt, the commission is not calculated on the total value of the single Transaction, but the commission is calculated separately for each of the Items purchased);
(e) The Item is not purchased on the Seller Store by the Reflinked Person who is a wholesaler;
(f) The Transaction of an Item on the Seller Store by a Reflinked Person was completed (it does not have the 'processing' status or similar) within 120 calendar days from the date of its commencement;
(g) The Item has not been purchased by the User who has valid cookies derived from other affiliate programs conducted by G2A.COM, its Affiliates, and/or by a third party on G2A.COM’s behalf (in particular Google Ads, Facebook Ads);
(h) The User does not breach any of the provisions set forth in these Terms and Conditions, in particular the provision set forth in section 10.1.14;
(i) The User does not purchase an Item on the Seller Store using the Reflink which has been created by them;
(j) The User Account is not limited, closed, or blocked;
(k) The Reflinked Person does not withdraw from the Transaction; and
(l) The User is not subject to Sanctions, is not a resident of the Sanctioned country and/or territory, does not use the currencies of those Sanctioned countries and/or territories, or holds any financial instruments issued by those Sanctioned countries and/or territories.
(m) Each Reflink published by the User on a website must not block the transmission of referrer information in the HTTP referer header (i.e., the address of the webpage from which the Reflinked Person was redirected via the link), which enables G2A.COM to verify the source of the Reflinked Person's redirection to the Platform.
(n) The User must not intentionally modify or falsify the original HTTP referer header to obscure or misrepresent the true source of the redirection to the Platform.
(o) The User has provided G2A.COM with the data, documents, and information requested to confirm that the User has fulfilled the conditions set forth in these Terms and Conditions, thereby enabling them to receive the commission under the Goldmine program.
(p) The Transaction, click, redirection, traffic, purchase, or any other activity relevant to the commission has not been generated, supported, manipulated, or affected by bots, automated tools, scripts, click farms, incentivized traffic, fraudulent activity, artificial traffic, or any other non-human, deceptive, abusive, or suspicious activity.
Without prejudice to the rights and remedies available under applicable law or these Terms and Conditions, G2A.COM may refuse to calculate, accrue, award, or pay any commission, and may cancel any commission already awarded, if G2A.COM has a reasonable suspicion that the Transaction, click, redirection, traffic, purchase, or any other activity relevant to the commission was generated, supported, manipulated, or affected by bots, automated tools, scripts, click farms, incentivized traffic, fraudulent activity, artificial traffic, or any other non-human, deceptive, abusive, or suspicious activity, and G2A.COM is entitled to request, and the User is obligated to provide, any data, documents, or information requested by G2A.COM to resolve disputes concerning the actions or omissions of the User within the Goldmine program.
5.10.2 Information about the commission related to the given Item that the User may acquire under Goldmine shall be presented on the Platform. If that information is not presented there, then the User shall be entitled to receive the commission being the 1% percentage value of the gross sold price of the Item purchased by the Reflinked Person bearing in mind the below:
(a) subject to point (c) below, Items offered within Seller Store(s) from the categories of Video Gaming, and Software – 5% of the gross sold price set by the Seller;
(b) subject to point (c) below, G2A PLUS subscription – EUR 1.00 in case of purchased monthly G2A PLUS subscription, and/or EUR 2.00 in case of purchased yearly G2A PLUS subscription, however, the commission is granted solely once for each type of G2A PLUS subscription purchased by each of the Reflinked Person, regardless of the number of subscriptions purchased.
(c) Items offered under the special promotion and/or campaign by Sellers, regardless of the commission’s amount set forth in this point – the commission shall always be available on the Platform.
5.10.3 The User’s commission shall be rounded up or down, as appropriate, in accordance with generally accepted mathematical principles.
5.10.4 In the event that the Reflinked Person purchases the Item in a currency other than EUR, then the price is converted into EUR, and the User’s commission is determined from the EUR price.
5.10.5 THE USER IS OBLIGED TO WITHDRAW THE FUNDS ACCUMULATED UNDER THE GOLDMINE PROGRAM NO LATER THAN WITHIN 1 (ONE) YEAR FROM THE DATE OF THEIR ACQUISITION. IF THE USER FAILS TO COLLECT THE FUNDS WITHIN THE TIME LIMIT REFERRED TO IN THE PREVIOUS SENTENCE, THEN THE FUNDS ARE FORFEITED. THE USER WAIVES ANY CLAIM AGAINST G2A.COM FOR THE FORFEITURE OF THESE FUNDS UNLESS APPLICABLE REGULATIONS PROVIDE(S) OTHERWISE. Any withdrawal of funds accumulated under the Goldmine program is conditional upon the User’s successful completion of the Know-Your-Customer process. G2A.COM may reject, suspend, or delay any withdrawal until such process is completed or if the withdrawal may violate Regulations, AML/CFT requirements, Sanctions, internal compliance policies, or payment service provider requirements. G2A.COM shall not make any withdrawal or payment of such funds to any User who is subject to Sanctions or is located, resident, incorporated, established, or has a place of habitual residence, registered office, or principal place of business in any country or territory subject to Sanctions.
5.10.6 The User and Reflinked Person may not enter into collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of commissions from G2A.COM and/or engage in other activity that may generate losses for G2A.COM and/or its Affiliates.
5.10.7 By participating in the Goldmine program, the User acknowledges and agrees that they are or may be obligated to independently account for, pay, and/or report all taxes and other potential tax and similar charges imposed under relevant Regulations applicable to them in connection with participation in this program and receipt of commission(s).
5.10.8 The Goldmine program is offered by G2A.COM Limited.
5.11.1 Selected Offer is a service intended for Sellers who wish to promote their own sales offer for a specific Item. A Seller using the Selected Offer service is required to pay a fee to G2A.COM in accordance with the fee table included at the end of the G2A.COM Terms and Conditions.
5.11.2 As part of the Selected Offer service, the Seller’s offer is promoted on the relevant Item’s page and recommended to Buyers as the preferred option for purchase. The decision on which offer is presented under the Selected Offer service is made automatically by an algorithm that takes into account the extent to which a given Seller has met the conditions described in Section 5.11.3 below.
5.11.3 The following parameters determine which offers may be promoted under the Selected Offer service (presented in descending order, from the parameter with the greatest impact on the placement of the Seller’s offer within the Selected Offer service to the parameter with the least impact):
(a) the price of the Seller’s offer for the relevant Item is the lowest among all current offers for the same Item submitted by other Sellers;
(b) the Seller has enabled in the Account faster commitment to delivery of the Item to the Buyer;
(c) the Seller participating in the Selected Offer Service has a rating (Buyers feedback) on the Platform higher than 85%;
(d) the Seller maintains a minimum stock of 10 units of the Item promoted under the Selected Offer Service at all times.
5.11.4 If at least two (2) Sellers meet the participation conditions specified in section 5.11.3 above, their offers for the sale of the Item within the Selected Offer service may be automatically rotated (displayed on a cyclical basis) or the offer of the Seller that was placed in the Selected Offer service earliest may be displayed.
5.12 Sponsored Selected Offer.
5.12.1 Sponsored Selected Offer is a service intended for Sellers who wish to increase the visibility of their offers on the Platform by highlighting, promoting, prioritizing or otherwise presenting their offer to Buyers with enhanced visibility on the Platform. Sponsored Selected Offer is selected by G2A.COM manually assessed on the eligibility and selection criteria set out in these Terms and Conditions. No automated ranking system or algorithm is used to determine participation in the service.
5.12.2 A Seller using the Sponsored Selected Offer service is required to pay a fee to G2A.COM.
5.12.3 Participation in the Sponsored Selected Offer service is voluntary. A Seller may express interest in participating through the Seller Account. Submitting interest in participation does not guarantee selection to the Sponsored Selected Offer.
5.12.4 To be eligible for consideration under the Sponsored Selected Offer service, the Seller must meet the following minimum eligibility parameters:
a) the final price of the Sponsored Selected Offer shall not exceed the lowest final price currently available on the Platform for the relevant product or category by more than thirty percent (30%);
b) the Sponsored Selected Offer may be submitted exclusively by Sellers holding the status of “Excellent Seller” as designated by the Platform,
c) each Sponsored Selected Offer must include a minimum inventory volume of two hundred (200) keys,
d) the Sponsored Selected Offer must maintain a status of either “Active” or “Checked” within the Platform system,
e) the Seller submitting the Sponsored Selected Offer must maintain an available G2A Balance of no less than one thousand euro (EUR 1,000).
f) comply with these Terms and Conditions and all applicable Platform policies.
G2A.COM reserves the right to reject any offer that does not comply with the above parameters.
5.12.5 Meeting the eligibility parameters set out in Section 5.12.4 is a prerequisite for consideration under the Sponsored Selected Offer service but does not guarantee participation. Where the number of eligible offers exceeds the promotional capacity available on the Platform, G2A.COM may select among eligible offers based on objective and non-discriminatory criteria. The main parameters used by G2A.COM when selecting Sponsored Selected Offers are as follows:
(a) the competitiveness of the offer, including pricing and inventory availability;
(b) the Seller's performance, reliability and compliance history on the Platform;
(c) customer experience and customer satisfaction indicators;
(d) the operational quality and stability of the Seller's activity on the Platform;
(e) the relevance and suitability of the offer for the Sponsored Selected Offer service;
(f) the need to ensure an appropriate balance, diversity and overall quality of offers available to Buyers on the Platform.
The relative importance of the above parameters may vary depending on the relevant product category, market conditions, customer demand, and the operational requirements of the Platform.
Upon request, G2A.COM may provide Sellers with general information regarding the reasons why an offer was not selected. However, G2A.COM is not required to disclose proprietary ranking systems, internal evaluation methodologies, commercially sensitive information, or anti-fraud measures, except for the main parameters used for selecting Sponsored Selected Offers, which are disclosed above.
5.12.6 If selected for participation in the Sponsored Selected Offer service, the Seller shall receive an invitation containing the commercial terms applicable to this service, including fees and price structure. The Seller shall be free to accept or reject such invitation. No fee shall become due unless and until the Seller expressly accepts the Sponsored Selected Offer invitation.
5.12.7. Fees applicable to Sponsored Selected Offer may vary depending on the factors including:
a) item category;
b) expected sales volume;
c) promotional placement;
d) duration of promotion
e) commercial value of the relevant placement.
f) general market demand trends relevant to the category.
5.13. AI Assistant
5.13.1 The User is expressly informed that any interaction with the AI Assistants constitutes interaction with automated artificial intelligence systems operating probabilistically based on User input, structured Platform data, and predefined informational resources, rather than with natural persons. The AI Assistants are intended solely for informational and customer support purposes and do not replace human oversight. Users may discontinue the use of the AI Assistants at any time and request the escalation of their inquiry to a human customer support representative through available official Platform channels.
5.13.2 Users acknowledge that reliance on information generated by the AI Assistants involves inherent technological limitations and risks. The AI Assistants may generate inaccurate, incomplete, inconsistent, outdated, or fictitious information. Consequently, Users should independently verify any important information through official Platform resources before acting upon it.
5.13.3 In the event of any inconsistency between information generated by the AI Assistants and official Platform documentation (including these Terms and Conditions, the Privacy and Cookies Policy, or any policy published on the Platform), the official documentation shall prevail.
5.13.4 Nothing communicated or generated by the AI Assistants shall constitute legal, financial, tax, investment, or any other professional advice, nor shall it constitute a binding offer, acceptance, representation, warranty, amendment, waiver, or legally operative declaration on behalf of G2A.COM, unless expressly confirmed through official Platform functionality.
5.13.5 The AI Assistants do not independently make decisions producing legal or similarly significant effects. All legally relevant actions within the Platform (including, inter alia, account suspension, refunds, dispute resolution, enforcement actions, or contractual confirmations) are executed exclusively through established Platform procedures and, where applicable, human review.
5.13.6 Users shall not submit to the AI Assistants any confidential information, trade secrets, proprietary business information, or other commercially sensitive data unless expressly authorized by G2A.COM, nor shall they submit special categories of personal data within the meaning of applicable data protection laws, or any personal data that is not necessary for the purpose of obtaining support.
5.14 Physical Delivery Service.
5.14.1 Upon the Buyer’s request, the Seller shall arrange for the physical delivery of the Item to the delivery address indicated by the Buyer, provided that such address is located within the European Union, Norway, the United Kingdom, Switzerland, or Liechtenstein.
5.14.2 All costs related to the printing, packaging, and shipment of the Item shall be borne by the Buyer in the amount set forth in the table below of these Terms and Conditions. The printing and physical delivery services shall be carried out by G2A LLC in the name and on behalf of the Seller.
6.2 G2A.COM IS NOT A SELLER OF THE ITEMS, UNLESS OTHERWISE EXPRESSLY STATED ON THE PLATFORM.
6.3 Unless the law states otherwise, G2A.COM is not and shall not be liable for:
6.3.1 the quality, safety, or legality of the Items sold, the ability of Sellers to sell, the solvency of Users, or the truthfulness and reliability of information and other content provided by Users on the Platform; and
6.3.2 the behavior of Users or for the improper performance or non-performance by them of a Transaction, as well as for the consequences of actions taken by Users and third parties that constitute a violation of any Regulations.
If the information about the Items provided by the Seller violates the Regulations or these Terms and Conditions, G2A.COM may:
6.4.1 refuse to publish information about the Items; and
6.4.2 remove the information and/or graphics referred to the Items (without any effect on the agreements executed between Users so far).
6.6 The Seller as the operator of their Seller Store is solely responsible for all activities within their Seller Store, particularly in relation to the Buyer for:
6.6.1 the Item, including its properties, quality, safety, and legality, and any non-compliance of the Item with the Transaction and its terms and conditions;
6.6.2 the delivery of the Item to the Buyer;
6.6.3 the provision of after-sales services related to the Item (if any);
6.6.4 any third-party violation related to the Item, in particular, the violation of third-party intellectual property rights;
6.6.5 its solvency;
6.6.6 the truthfulness and reliability of information and other content related to the Items available on the Seller Store and offerings’ pages and;
6.6.7 respecting consumer rights.
7.2.1 G2A.COM pays utmost care to ensure that Transactions performed within Sellers Stores are completed without any technical problems.
7.2.2 In some circumstances, where G2A.COM has been informed by a Seller that Items sold are mispriced, or a Buyer has been wrongly charged due to the Transaction (for example wrong exchange rates being applied) or any other technical fault or mistake occurs, G2A.COM may, where technically or legally justified, assist the Seller with canceling the Transaction and assist in the return of the funds paid for such Transaction to the Buyer and adjusting the stock of Items offered within the Seller Store.
7.2.3 Subject to section 7.4 herein, G2A.COM encourages Sellers to deliver the order within 24 (twenty-four) hours from the moment the Seller authorized the Transaction, which in no case constitutes any guarantee of delivery on this date by G2A.COM.
7.3.1 The Seller may be obliged to document the Transaction with a respective bill or invoice as required by the applicable Regulations. Within the Seller Store functionalities, G2A.COM ensures the technical resources necessary to issue bills in the name and on behalf of the Seller who (without prejudice to section 7.3.5) hereby agrees to outsource to G2A.COM the task of issuing bills concerning Transactions made via the Seller Store. The Seller agrees to disclose and provide G2A.COM with all information required to issue a bill. The Seller agrees that the aforementioned information will be presented on:
(a) the bill provided to the Buyer who purchased an Item from the Seller's Store; and
(b) the Seller Store subpage.
7.3.2 G2A.COM shall issue a bill in the name and on behalf of the Seller. Such bills will be issued and delivered to a Buyer in a digital form. G2A.COM shall exercise due care when performing the issuance and delivery of a bill, however, G2A.COM does not guarantee territory-wide compliance with all Regulations concerning the issuance and delivery of a bill. The Seller's sole responsibility is to ensure that all bills are compliant with the Regulations.
7.3.4 In the case stipulated in section 7.3.3 above, the invoice may be delivered by the Seller to the Buyer by uploading it on a Seller Store or otherwise. The uploaded invoice shall be available to download by the Buyer within 31 (thirty-one) days from its upload at the Seller Store. If the Buyer does not receive the invoice within the aforesaid period, the invoice shall no longer be available for the Buyer. However, the Buyer may be entitled to provide the Seller with an invoice request again.
7.3.5 The outsourcing of a documentation process described above to G2A.COM is optional for Sellers having their place of residence, headquarters, or place of habitual residence in the province of Quebec. Each Seller who wishes to outsource a documentation process to G2A.COM shall inform G2A.COM by one (1) of the following means: (a) internal conversation module, (b) by mail at support@g2a.com, or (c) by post at the relevant G2A.COM’s company address chosen in accordance with section 3.4.
7.4.1 G2A.COM provides tools enabling Sellers to offer pre-order Items within their Seller Stores.
7.4.2 Pre-order Items should be placed on the Seller Store on the day before the release date at 23:59 UTC.
7.4.3 The Seller Store functionalities allow Sellers to offer pre-order Items at their Seller Store with a scheduled date of planned expected release date of this Item at their Seller Store and allow Buyers to pay for the Item on the order date, but the Item is to be sent to the Buyer on the date indicated by the Seller in the Seller Store.
8.1 The type and amount of Fees (if such are due) that G2A.COM charges from a specific User for the provision of the Service are set forth in the table below of these Terms and Conditions that constitute their integral part, however, the Fees for G2A PLUS are available on the Platform.
8.3 Unless stated otherwise herein, all Fees are exclusive of value-added tax and any other tax of similar nature (“VAT”), and any other taxes, charges, or levies applicable under any applicable law, now in force or enacted in the future, for which the Seller will be separately liable and no deductions for such taxes, charges or levies will be made from amounts due to G2A.COM herein. G2A.COM may add the amount of VAT valid at the place of residence, headquarters, or place of habitual residence of the User if obliged by the Regulations e.g., if the Seller does not run a business activity, or failed to provide G2A.COM with data and documents confirming its business status. In the case described by the preceding sentence, the amount of the Fee collected by G2A.COM from such a Seller shall be understood as calculated without including the amount of VAT, and VAT shall be additionally added.
8.5 All Fees are denominated in EUR, USD, GBP, or PLN.
8.7 All sums payable by the Seller to G2A.COM under these Terms and Conditions shall be without any deductions, setoffs, or withholdings whatsoever. In case of any deductions, setoffs, or withholdings that are required by Regulations, they shall be borne by the Seller and paid separately to the relevant tax or other authority. G2A.COM is entitled to charge and receive the full amount of Fees ignoring any such deduction, setoffs, or withholding that may be required.
8.10 G2A.COM Direct B.V. with its registered office in the Netherlands, James Wattstraat 77, 1097 DL Amsterdam, the Netherlands, registration under CCI number 89975561 is the company that provides payment support functions on the Platform. Specifically, support is provided in conjunction with the payment options available on the Platform such as technical support, customer services, or chargeback assistance depending on the payment method, unless the law provides otherwise.
8.12 The Seller hereby acknowledges and agrees that G2A.COM acts in the name of the Seller and on behalf of the Seller by clearly identifying the Seller as the principal of the supply. Therefore, the Seller accepts G2A.COM as the disclosed agent within the meaning of articles 28 and 30b of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value-added tax.
8.14 G2A.COM charges interest at a rate equal to 1.5% per month, calculated daily and compounding monthly, on any such amounts unpaid by the User after the relevant due date in accordance with these Terms and Conditions, however, no more than the maximum interest rate provided for by the Regulations. The provisions of sections 8.3 and 8.7 shall apply respectively.
9.1 The Seller warrants, acknowledges, and undertakes that it:
9.1.1 has the full capacity and right to accept these Terms and Conditions, and assumes the obligations imposed herein;
9.1.2 Items offered on the Seller Store and data, documents, and information listed on the Seller Store are to be legally obtained, originate from legal sources, are to be free from any defects (both legal and physical), and third-party claims (including that they do not violate (a) any copyrights, trademarks, patent rights, trade secrets, privacy rights, image rights, nor any other ownership rights or intellectual property rights, and (b) do not slander, defame, nor insult any persons nor entities and they do not violate their rights, including privacy rights, image rights, nor any personality rights);
9.1.3 will not list and will not sell Items on a Seller Store which contain or may be used to receive, directly or indirectly: (i) gambling, lottery, or betting materials, (ii) personal information, (iii) hazardous, restricted, regulated materials, (iv) embargoed digital Products, (v) currency, or (vi) any other illegal contents and services;
9.1.4 will not engage in any activity detrimental to the good name and reputation of G2A.COM, which may harm the Platform or the other User;
9.1.5 will not take any actions violating the Regulation, good practices, or rules of social conduct nor detrimental in any way to G2A.COM interests;
9.1.6 will not use the Platform to resell Items that were acquired free of charge or with a discount connected with a charity event or supporting such an event;
9.1.7 will not use a VPN connection unless it is necessary to run a registered business;
9.1.8 as the operators of their Seller Stores, is the Seller and supplier of the Items offered and this fact will be clearly defined in its contractual arrangements with the Users as well as the relevant invoice, bill, or sales receipt;
9.1.9 will be solely responsible for all applicable taxes and any similar charges that arise from or as a result of its activity performed within its Seller Store, particularly paying VAT relating to the sale of the Items offered within the Seller Store, in compliance with the applicable laws, even in the cases whereby such responsibility may be presumptively transferred to G2A.COM;
9.1.10 has all direct and indirect control over the authorization of both payment and delivery, which is fully vested in the Seller;
9.1.11 will not infringe any Regulations (including but not limited to regulations regarding export control, protection of consumer rights, unfair competition, or fraudulent advertising) or promote any behavior that might infringe or violate any applicable laws or legal provisions;
9.1.12 will not become involved in spamming or phishing (will not acquire information deceitfully);
9.1.13 will not list, offer, sell, deliver, or otherwise make available any Item that is invalid, inactive, expired, used, previously redeemed, revoked, duplicated, unlawfully obtained, technically defective, or otherwise incapable of being properly activated, redeemed, used, or enjoyed by the Buyer in accordance with its intended purpose and the relevant offer description.
9.1.14 will respond to Buyers’ requests, complaints, disputes, reports, or other notifications related to Items or Transactions on an ongoing basis, without undue delay, and in any case no later than within 7 (seven) calendar days from their receipt, and will cooperate in good faith to resolve them properly;
9.1.15 will not manipulate, distort, or attempt to manipulate or distort any ratings, reviews, feedback, rankings, or reputation indicators on the Platform, including by purchasing Items from itself or from any person or entity Controlled by, Controlling, under common Control with, or otherwise acting on behalf of or for the benefit of the Seller, and then submitting or causing the submission of any rating, review, or feedback, or by purchasing Items from other Sellers for the purpose of submitting or causing the submission of negative ratings, reviews, or feedback concerning such other Sellers or their Items.
9.1.16 will also not use bots, automated tools, scripts, AI-based tools, or any other non-human or automated means to reserve, block, hold, deplete, manipulate, or otherwise interfere with the stock, availability, offers, Transactions, rankings, or commercial activity of other Sellers.
10.1 The User must not do or attempt to do anything unlawful, including directly or indirectly:
10.1.1 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services, or any proprietary technology, including the G2A API, JavaScript, mobile SDK, AI Assistant and other software, documentation or data related to the Services (the “Software”);
10.1.2 modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly and in writing permitted by G2A.COM or authorized within the Services);
10.1.3 use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;
10.1.4 sell, resell, assign, sublicense, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis or publish the G2A API, AI Assistant or any part thereof in any form by any means to any third party, for monetary benefit or any other consideration;
10.1.5 remove any proprietary notices or labels;
10.1.6 interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;
10.1.7 attempt to gain unauthorized access to the Services or its related systems or networks;
10.1.8 use the Services to build a competitive product or service or to benchmark with any products or services offered by G2A.COM;
10.1.9 engage in conduct that constitutes a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
10.1.10 tamper with or modify the Platform (including by transmitting viruses and using trojan horses);
10.1.11 infringe the patents, copyrights, trademarks, rights of publicity, rights of privacy, moral rights, music performance or other music-related rights, or any other right of any third party;
10.1.12 use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Platform;
10.1.13 facilitate or assist a third party to do any of the above acts;
10.1.14 in relation to Goldmine:
(a) creating, placing, or using on any search engine (including Google, Yahoo, Bing), sponsored advertising service or not, other search or referral service, or any site that participates in such search engine’s network (i) any keywords, search terms, or other identifiers (including title or meta description) that are identical to, pretend, or simulate G2A.COM’s advertisement (including such as the words “g2a”, or “g2a.com”, or any other trademark of G2A.COM or its Affiliates) or (ii) any Reflink (regardless of whether it is identical to, pretend, or simulate G2A.COM’s ads);
(b) creating, placing, or using any method under which a given person is redirected to the Platform without their consent and/or taking any action in this regard, including when a redirection is performed for a person in an unaware manner, or where the Reflink is not properly formatted causing it to not be correctly tracked or reported to G2A.COM;
(c) hiding a Reflink on the website, by placing in-frame scripts, using a redirect from the ad network or referral links;
(d) placing on their site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person before being downloaded or installed on their computer or other electronic devices;
(e) posting or serving any special links or other content promoting the Platform within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with the Seller Store promoting Items closely associated with the materials on the Seller Store;
(f) causing that website to display Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, auto-surf, and click-exchange programs;
(g) creating, placing, or using any Reflink on websites that contain or refer to: (i) pornography, erotica, pedophilia, or sexual deviation; (ii) obscene, indecent, or profane behavior, (iii) defamatory, slanderous, or libelous content, or (iv) content that promotes racism, hatred or harm against any individual, religious, political, age-specific, gender-specific, or other groups;
(h) illegally attempting to obtain or obtaining benefits from participation in Goldmine or resulting in the unfair obtaining of funds during the contractual relationship between the User and G2A.COM;
(i) sending to another User or any third party unsolicited commercial communications (so-called spam) containing a Reflink, and failing to read, verify, and comply with the terms of any such sites where that Reflink is placed; the Reflink must be inserted by the User only in places visible to other users;
(j) impersonating anyone or other entity whether existing or fictitious, falsely claim to be connected or have business relationships with any person or entity, or access the accounts of other Users or any third party;
10.1.15 use, directly or indirectly, the Platform to commit or assist in the execution of crimes, fraud, or other violations of law.
11. Intellectual property Rights
11.1 G2A Materials
11.1.2 G2A.COM grants the Users a personal, limited, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use the functionalities of the Platform without the right to modify them.
11.1.3 It is forbidden to retrieve the Platform content systematically to create or compile, either directly or indirectly, a collection, compilation, database, or catalog (by using robots, search engines, automatic or manual devices) without the express written permission of G2A.COM Limited. The use of any content or materials available from the Platform for purposes not specified in these Terms and Conditions is forbidden.
11.2 Hyperlinks
By posting or publishing content and materials on the Seller Store or otherwise making them available to G2A.COM or its Affiliates, the User grants G2A.COM and its Affiliates a non-exclusive, transferable, sub-licensable, royalty-free, free of charge, worldwide licence, solely to the extent necessary for the purpose of providing, operating, maintaining, improving and promoting the Services offered by G2A.COM and its Affiliates, to present, host, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate and create derivative works of such content and materials.
This licence shall remain in force only for as long as the relevant content or materials are made available by the User through the Platform and, thereafter, only for the period reasonably necessary to: (a) comply with applicable Regulations, (b) fulfil legitimate archiving, backup and record-keeping requirements, (c) establish, exercise or defend legal claims (d) resolve complaints, disputes or fraud prevention matters, and (e) ensure the security, integrity and proper functioning of G2A.COM's and its Affiliates' information systems.
Upon removal of the relevant content or materials by the User, or upon termination of the User's use of the Platform, the licence granted under this clause shall automatically terminate, except to the extent that its continued existence is necessary for the purposes expressly set out in the preceding paragraph. The User represents and warrants that they possess all rights, authorisations and permissions necessary to grant the licence described above.
12. DISCLAIMER, LIABILITY, AND INDEMNIFICATION
12.1 General rules relating to disclaimer, liability, and indemnification.
12.1.1 The terms set out in this entire section 12 shall apply to the fullest extent permitted by law. If the law applicable to the User prevents and/or excludes the application of any disclaimer, limitations, and/or exclusions of liability, indemnities, or other legal institutions with a similar purpose or effect, as described in this entire section 12, then they do not apply to the legal relationship between G2A.COM and that User.
12.1.2 ALL PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION CONCERNING THE CLAIMS.
12.1.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
12.1.4 Nothing in these Terms and Conditions excludes, limits, or restricts any mandatory rights, remedies, guarantees, warranties, protections, or claims granted to Consumers under applicable Regulations, including consumer protection laws, where such rights, remedies, guarantees, warranties, protections, or claims cannot be excluded, limited, or restricted by agreement.
12.2.1 G2A.COM AND ITS AFFILIATES PROVIDE THE SERVICES AND THE PLATFORM “AS IS”, AND “IF AVAILABLE”. G2A.COM AND ITS AFFILIATES DO NOT PROVIDE ANY WARRANTY OF ANY KIND THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR OR THAT ANY SOFTWARE PROVIDED HEREUNDER WILL OPERATE WITHOUT ERROR. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, EXPRESS AND IMPLIED WARRANTIES AND STATUTORY GUARANTEES WITH RESPECT TO ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE SERVICES, PLATFORM, INCLUDING AS RELATED TO AVAILABILITY, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
12.2.2 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES HEREBY EXPRESSLY DECLINE ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, QUALITY, DURABILITY, FUNCTIONING, RELIABILITY, MERCHANTABILITY, OR SUITABILITY FOR ANY SPECIFIC PURPOSE OF THE ITEMS SOLD BY THE SELLERS.
12.2.3 TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE AND LIABLE IN RELATION TO:
(a) ANY DAMAGES RESULTING FROM THE USE OF THE PLATFORM, ACCESSING IT, OR THE INABILITY TO USE THE PLATFORM BY THE USER DUE TO REASONS BEYOND G2A.COM CONTROL;
(b) ANY DAMAGES RELATED TO VIRUSES, TROJAN HORSES ETC. WHICH MAY BE TRANSFERRED TO THE PLATFORM OR THROUGH THE PLATFORM BY THIRD PARTIES;
(c) IMPLICATIONS OF ANY ACCESS DATA OR PRIVATE INFORMATION BEING ACCESSED BY ANY THIRD PARTY IN AN UNAUTHORIZED MANNER, IF IT OCCURS DUE TO REASONS RELATED TO THE USER, IN PARTICULAR BY REASON OF THE USER MAKING THEIR PASSWORD AVAILABLE TO A THIRD PARTY;
(d) ANY ACTIONS TAKEN BY G2A.COM IN RELATION TO THE USER LINKED TO ANY INFRINGEMENT OF THE REGULATION AND/OR THESE TERMS AND CONDITIONS BY THE USER, PARTICULARLY SUCH AS ACCOUNT RESTRICTION, SUSPENSION, OR BLOCKING OF ACCESS TO THE PLATFORM, INCLUDING THE ACCOUNT;
(e) ANY HARM, DAMAGES, CLAIMS, COMPENSATION, NON-PECUNIARY DAMAGES, PHYSICAL AND LEGAL DEFECTS OF ITEMS SOLD THROUGH THE SELLER STORE OR THE EXTERNAL SELLER STORE BY SELLERS;
(f) PAYMENT OF ANY TAXES, CHARGES, OR ANY SIMILAR FEES RELATED TO THE OPERATIONS OF THE SELLER STORE THAT SHALL BE EXECUTED BY THE SELLER;
(g) ANY CLAIM THAT ARISES OUT OF OR RESULTS FROM THE USER’S USE, ALTERATION OR MODIFICATION OF THE SERVICES, G2A API OTHER THAN AS PERMITTED IN THESE TERMS AND CONDITIONS; OR THE USER’S FAILURE TO IMPLEMENT ANY MODIFICATIONS, UPGRADES, REPLACEMENTS, OR ENHANCEMENTS TO THE G2A API MADE AVAILABLE TO THE USER;
12.3 LIMITATIONS ON LIABILITY.
12.3.1 INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, G2A.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO THE USER IN RELATION TO THESE TERMS AND CONDITIONS OR THE SERVICES DURING AND AFTER THE TERM (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, OR ON OTHER LEGAL OR EQUITABLE GROUNDS) FOR ANY LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, BUSINESS INTERRUPTION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, RELIANCE, OR PUNITIVE DAMAGES, EVEN IF THESE LOSSES, DAMAGES, OR COSTS ARE FORESEEABLE, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THEIR POSSIBILITY.
12.3.2 GENERAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF G2A.COM AND ITS AFFILIATES TO THE USER ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT REGULATED BY THESE TERMS AND CONDITIONS AND/OR THE SERVICES DURING AND AFTER THE TERM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR ANY AND ALL LIABILITY EVENTS, FOR LOSSES, DAMAGES, OR COSTS SHALL BE LIMITED TO $2,000 (TWO THOUSAND US DOLLARS).
12.3.3 To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to the use of the Platform or these Terms and Conditions must be filed by the User within one (1) year after such claim or cause of action arose or became due. Any claim not filed within the foregoing one (1) year period shall be waived, time barred and extinguished; provided, however, that this limitation shall not apply to claims or causes of action related to damages resulting from injury to life, body, or health, death, or from grossly negligent or intentional misconduct.
12.4 INDEMNIFICATION – THE SELLER.
12.4.2 THE SELLER SHALL INFORM G2A.COM IN WRITING OF ANY CLAIM, DEMAND, OR SUIT CONCERNING THE ACTIVITIES CARRIED OUT BY THE PROVIDER ON THE PLATFORM AND SHALL FULLY COOPERATE IN THE DEFENSE OF THE INDEMNIFIED PARTIES. G2A.COM WILL NOT AGREE TO THE SETTLEMENT OF ANY SUCH CLAIM, DEMAND, OR SUIT PRIOR TO THE FINAL JUDGMENT THEREON WITHOUT THE CONSENT OF G2A.COM WHOSE CONSENT MAY BE WITHHELD AT G2A.COM SOLE AND ENTIRE DISCRETION.
12.4.3 WITHOUT PREJUDICE TO ANY RIGHTS AND REMEDIES OF G2A.COM, IF ANY INTERMEDIATE BODY CHARGES G2A.COM AND/OR ITS AFFILIATES FOR ANY ADJUSTMENT DUE TO A SELLER’S ACT AND/OR OMISSION, INCLUDING AS A RESULT OF LISTED ITEMS AT THE SELLER STORE THAT VIOLATE INTERMEDIATE BODY SCHEME RULES, THE SELLER SHALL REPAY ALL SUCH ADJUSTMENTS TO G2A.COM.
12.4.4 UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, G2A.COM IS ENTITLED TO MAKE, AT ITS ABSOLUTE DISCRETION, ANY SET-OFF FROM FUNDS ACCUMULATED BY THE SELLER ON THE G2A BALANCE RELATED TO ANY FEES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), AS WELL AS ADJUSTMENTS.
12.4.5 THE SELLER ACKNOWLEDGES AND AGREES THAT DURING THESE TERMS AND CONDITIONS AND AFTER THEIR TERMINATION OR EXPIRATION FOR ANY REASON WHATSOEVER, THE SELLER SHALL CONTINUE TO BEAR LIABILITY FOR ALL ADJUSTMENTS AND INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS AND CONDITIONS AND ALL OTHER AMOUNTS DUE OR WHICH MAY BECOME DUE UNDER THESE TERMS AND CONDITIONS. THIS SELLER’S LIABILITY IS NOT SUBJECT TO ANY LIMITATION OF LIABILITY THAT MAY BE EXPRESSED ELSEWHERE IN THESE TERMS AND CONDITIONS.
13. NOTICE AND ACTION PROCEDURE
13.1 Any person or entity may notify G2A.COM of specific information available on the Platform that it considers to constitute illegal content, including an illegal Item, offer, service, activity, or conduct. Notifications may be submitted through the electronic reporting mechanism or another electronic channel indicated on the Platform.
13.2 A notification shall contain:
13.2.1. a sufficiently substantiated explanation of why the information is considered illegal;
13.2.2. the exact electronic location of the information, including the relevant URL where applicable;
13.2.3. the name and e-mail address of the notifying person or entity, except where the notification concerns information considered to involve an offence;
13.2.4. a statement confirming the bona fide belief of the notifying person or entity that the information and allegations contained in the notification are accurate and complete; and
13.2.5. any reasonably available supporting evidence.
G2A.COM may request missing information where necessary to assess the notification.
13.3 G2A.COM shall assess the available information, the apparent illegality, the reliability of the notification, the risk of harm, and the necessity and proportionality of any measure.
13.4 Depending on the circumstances, G2A.COM may take no action, request additional information, temporarily restrict visibility, remove or disable access to the information, or restrict the relevant offer, Item, service, Seller Store, Account, payment, or Platform functionality. Immediate action may be taken where the illegality is manifest, serious harm must be prevented, or action is required by Regulations or a binding order.
13.5 The notifying person or entity and the User responsible for the information may submit explanations or evidence electronically. No written settlement or original document sent by post shall be required. G2A.COM may restore information where the grounds for restriction no longer apply or sufficient evidence of legality is provided.
13.6 Failure to respond or inability to identify the User responsible for the information shall not, by itself, prove illegality or automatically result in permanent removal. G2A.COM shall decide on the basis of the information reasonably available and may apply only measures that are necessary and proportionate.
13.7 G2A.COM may act on its own initiative or on information received from Users, third parties, public authorities, trusted flaggers, automated systems, or other reliable sources. Notifications submitted by trusted flaggers acting within their designated area of expertise shall be given priority and processed and decided upon without undue delay.
13.8 After prior warning and an individual assessment, G2A.COM may, for a reasonable period, suspend the processing of notifications submitted by a person or entity that frequently submits manifestly unfounded notifications, or restrict or suspend Services provided to a User that frequently provides manifestly illegal content. In determining whether such action is justified, G2A.COM shall consider the absolute number and relative proportion of such notifications or content, their seriousness and consequences, the frequency of the conduct, and the apparent intention of the person or entity concerned. Any measure shall be necessary, proportionate, limited in time, and subject to periodic review.
13.9 Where the notifying person or entity provides electronic contact details, G2A.COM shall inform it without undue delay of its decision in respect of the information concerned and of the available possibilities for redress. Where G2A.COM restricts information or takes another content moderation measure affecting a User, it shall provide the User with the information and statement of reasons required by applicable Regulations.
14.2 G2A.COM may access, review, process and use communications exchanged through the conversation module only to the extent necessary for the following purposes:
14.2.1 facilitating, investigating and resolving disputes between Buyers and Sellers,
14.2.2 monitoring and enforcing compliance with these Terms and Conditions and other applicable Platform policies,
14.2.3 complying with applicable Regulations,
14.2.4 preventing, detecting, investigating and addressing fraud, abuse, security incidents or other unlawful activities affecting the Platform, its Users or G2A.COM, and
14.2.5 protecting the rights, property, security and legitimate interests of G2A.COM, its Affiliates and Users. Except where required by applicable Regulations or necessary for the purposes listed above, G2A.COM shall not access or use the contents of communications exchanged through the conversation module for any other purpose.
14.3 Every Seller is obligated to:
14.3.1 observe the rules of due diligence in the conversations, i.e. respond in the conversations and not postpone the resolution of the reported issues beyond the actual investigation time;
14.3.2 use the conversation module in good faith by actively attempting to resolve the issues reported by the Buyer;
14.3.3 not post, promote, or transmit any unlawful, false, harassing, libelous, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature via the conversation module; and
14.3.4 not mark G2A.COM as the party responsible for resolving post-sales issues, other than in the case of a malfunction of the provision of the Services which is G2A.COM's responsibility under these Terms and Conditions.
15. Complaints Procedure related to the SERVICES offered by g2a.com; internal complaint handling system
15.1.1 The User may submit a complaint to G2A.COM related to the Services. G2A.COM ensures the functioning of an internal complaint handling system. The User should include in the complaint, their name and surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint. The complaint will be considered immediately, however, not later than within 14 (fourteen) calendar days of its receipt. The User will be informed about the method and result of the complaint consideration via the correspondence address or e-mail. The costs of using the said means of distance communication by the User are borne by the User and they are calculated according to the rates of the telecommunications operator whose services the User uses.
15.1.2 The complaints shall be submitted by the User by sending them via one (1) of the following means:
(a) support@g2a.com, or
(b) to the relevant G2A.COM company address chosen in accordance with section 2.14.,
(c) G2A PL sp. z o.o., address: 53 Emilii Plater street, 00-113 Warsaw, Poland; or
(d) the internal conversation module.
15.1.3 G2A.COM may agree to amicably settle a dispute with a User running a business using the Platform to offer Items to consumers, through an independent mediator, after G2A.COM has previously consented to mediation. If the User addresses G2A.COM with a mediation proposal and G2A.COM accepts this proposal, the mediation will be conducted by a mediator from CEDR (Centre for Effective Dispute Resolution) or ADROIT (Alternative Dispute Resolution of Information Technologies) in accordance with the mediation regulations applied by it (more information the User can find here). G2A.COM will bear a reasonable part of the total mediation costs, which will be agreed upon each time by the parties. However, before initiating such mediation proceedings, G2A.COM encourages Seller to clarify their concerns with G2A.COM’s customer service.
16. LEGAL REPRESENTATIVE IN THE EUROPEAN UNION - ONLY FOR THE PURPOSES OF DIGITAL SERVICE ACT
16.1 G2A.COM Limited, G2A LLC, and GATE READY Limited hereby designate BDSF Technology B.V. with its registered office in Amsterdam, at James Wattstraat 77 A 3, 1097DL Amsterdam, the Netherlands, CCI number 74293591, RSIN 859841601 as a legal representative in the European Union in accordance with art. 13 of the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.
16.2 G2A.COM Limited, G2A LLC, and GATE READY Limited hereby designate BDSF Technology B.V. with its registered office in Amsterdam, at James Wattstraat 77 A 3, 1097DL Amsterdam, the Netherlands, CCI number 74293591, RSIN 859841601 for the purpose of being addressed (in addition to or instead of G2A.COM Limited, G2A LLC, and GATE READY Limited) by the Member States’ competent authorities, the Commission and the Board for Digital Services, on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.
16.3 The designation of BDSF Technology B.V. as the legal representative shall not transfer to it the general contractual or statutory obligations of G2A.COM Limited, G2A LLC or GET READY Limited under there Terms and Conditions. BDSF Technology B.V. bears responsibility solely in accordance with the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.
17. Termination, suspension, AND restriction
17.1 These Terms and Conditions are executed for an unspecified period.
17.2.1 immediately restrict providing all or selected Services to the User when at least one of the following circumstances or events occurs:
(a) if there is a reasonable suspicion that the provision of the Service may cause damage to G2A.COM or its Affiliates, or to other Users;
(b) the User breaches any provision of these Terms and Conditions; in particular breaches any obligations set forth in Section 9;
(c) the User breaches any third party's rights, in particular intellectual property rights, in relation to the use of the Platform;
(d) the User breaches any provision of the applicable law in relation to the use of the Platform;
(e) the User no longer satisfies the eligibility parameters for the participated services required by the Platform
(f) the User’s Account has been taken over by a third party, or the Account’s credentials leaked to a third party; or
(g) the User whose Account was previously suspended or terminated has created a new Account;
(h) the User’s Account has remained inactive for at least 12 (twelve) consecutive months, or restricting is required under Regulations, security reasons, AML/CFT requirements, Sanctions, internal compliance policies, or payment service provider requirements;
(i) the User fails to provide or update data, documents, or information requested by G2A.COM; fails to complete the Know-Your-Customer process; provides false, inaccurate, incomplete, invalid, outdated, misleading, or suspicious data, documents, or information; uses the Platform or Services for fraud, abuse, circumvention, unlawful, deceptive, automated, artificial, or suspicious activity; causes or may cause damage, Adjustments, Penalties, chargebacks, claims, complaints, regulatory exposure, reputational harm, operational disruption, security risk, or liability to G2A.COM, its Affiliates, Intermediate Bodies, payment service providers, or other Users; fails to pay any amount due to G2A.COM; creates or uses multiple Accounts or Seller Stores in breach of these Terms and Conditions; or if further provision of Services to the User becomes commercially, operationally, legally, reputationally, technically, or compliance-wise unreasonable or risky
17.2.2 immediately suspend providing all or selected Services to the User when at least one of the following circumstances or events occurs:
(a) if there is a reasonable suspicion that the provision of the Service may cause damage to G2A.COM or its Affiliates, or to other Users;
(b) the User breaches any provision of these Terms and Conditions; in particular breaches any obligations set forth in Section 9;
(c) the User breaches any third party's rights, in particular intellectual property rights, in relation to the use of the Platform;
(d) the User breaches any provision of the applicable law in relation to the use of the Platform;
(e) the User no longer satisfies the eligibility parameters for the participated services required by the Platform
(f) the User’s Account has been taken over by a third party or the Account’s credentials leaked to a third party;
(g) the User whose Account was previously suspended or terminated has created a new Account; or
(h) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including any amounts resulting from Fees or Adjustments;
(i) the User’s Account has remained inactive for at least 12 (twelve) consecutive months, or suspending is required under Regulations, security reasons, AML/CFT requirements, Sanctions, internal compliance policies, or payment service provider requirements.
(j) the User fails to provide or update data, documents, or information requested by G2A.COM; fails to complete the Know-Your-Customer process; provides false, inaccurate, incomplete, invalid, outdated, misleading, or suspicious data, documents, or information; uses the Platform or Services for fraud, abuse, circumvention, unlawful, deceptive, automated, artificial, or suspicious activity; causes or may cause damage, Adjustments, Penalties, chargebacks, claims, complaints, regulatory exposure, reputational harm, operational disruption, security risk, or liability to G2A.COM, its Affiliates, Intermediate Bodies, payment service providers, or other Users; fails to pay any amount due to G2A.COM; creates or uses multiple Accounts or Seller Stores in breach of these Terms and Conditions; or if further provision of Services to the User becomes commercially, operationally, legally, reputationally, technically, or compliance-wise unreasonable or risky.
17.2.3 terminate with at least 30 (thirty) calendar days notice period the agreement governed by these Terms and Conditions when at least one of the following circumstances or events occurs:
(a) obtaining by G2A.COM a court order or authority decision requiring termination of the agreement governed by these Terms and Conditions with the User;
(b) the User breaches any provision of these Terms and Conditions, in particular breaches any obligations set forth in Section 9;
(c) the User breaches any third party's rights, in particular intellectual property rights, in relation to the use of the Platform or the User breaches any provision of the applicable law in relation to the use of the Platform; or
(d) in the case of the Seller – the Seller has not paid the financial receivable related to their activity within the Seller Store, including any amounts resulting from Fees, and Adjustments. (e) the User’s Account has remained inactive for at least 12 (twelve) consecutive months, or terminating is required under Regulations, security reasons, AML/CFT requirements, Sanctions, internal compliance policies, or payment service provider requirements; (f) the User fails to provide or update data, documents, or information requested by G2A.COM; fails to complete the Know-Your-Customer process; provides false, inaccurate, incomplete, invalid, outdated, misleading, or suspicious data, documents, or information; uses the Platform or Services for fraud, abuse, circumvention, unlawful, deceptive, automated, artificial, or suspicious activity; causes or may cause damage, Adjustments, Penalties, chargebacks, claims, complaints, regulatory exposure, reputational harm, operational disruption, security risk, or liability to G2A.COM, its Affiliates, Intermediate Bodies, payment service providers, or other Users; fails to pay any amount due to G2A.COM; creates or uses multiple Accounts or Seller Stores in breach of these Terms and Conditions; or if further provision of Services to the User becomes commercially, operationally, legally, reputationally, technically, or compliance-wise unreasonable or risky 17.3 Where G2A.COM decides to restrict or suspend the Services to the Seller, it shall provide the Seller concerned, prior to or at the time of the restriction, suspension, or termination taking effect, with a statement of reasons for that decision on a durable medium. 17.4.1 is subject to a legal or regulatory obligation that requires it to terminate the provision of the whole of its Services to a User in a manner that does not allow it to respect that notice period; 17.4.2 exercises a right of termination under an imperative reason pursuant to national law; 17.4.3 can demonstrate that the User concerned has repeatedly infringed these Terms and Conditions, resulting in the termination of the provision of the whole of the Services. 17.5 In the case of suspension, restriction of the Services or termination of these Terms and Conditions, G2A.COM shall allow the User to clarify the facts and circumstances in the framework of the internal complaint handling process referred to in section 15. The User may clarify any of the facts and circumstances set forth above in accordance with section 15 of these Terms and Conditions. Where the suspension, restriction, or termination is revoked by G2A.COM, it shall reinstate the Services to the User without undue delay, including providing the User with any access to personal or other data, or both, that resulted from its use of the relevant electronic services prior to the suspension or termination taking effect. 17.7 Upon termination of these Terms and Conditions: 17.7.1 G2A.COM will immediately cease providing the Services or prevent the User from using the Services; 17.7.2 The User is obligated to pay all Fees for all Services provided prior to termination, and all other amounts due and payable under this Agreement if such Fees and/or other amounts have not already been paid; 17.7.3 upon request, the User must destroy or return the confidential information of G2A.COM, except for any confidential information required to be maintained by law; 17.7.4 termination of these Terms and Conditions will not affect any rights or liabilities that a Party has accrued under the Regulations; 17.7.5 the User cannot create another Account on the Platform without G2A.COM’s prior consent where the User's Account has been terminated due to a breach of there Terms and Conditions or applicable Regulations, the User may not create another Account without G2A.COM's prior consent. 18.1 This entire clause 18 shall apply solely to a Consumer that has a place of residence, or place of habitual residence within the European Union. 18.4 In order to withdraw from these Terms and Conditions, the Consumer may send a statement of withdrawal, for example (i) via the contact form on the Platform by creating a ticket in the G2A Support Center, (ii) in writing to the relevant G2A.COM company address indicated in section 2.14, or (iii) via e-mail at the following address: support@g2a.com. 18.7 Where a Consumer purchases a paid digital service or digital content from G2A.COM, including G2A PLUS premium version, and requests or expressly agrees that the performance of such service or delivery of such digital content begins before the expiry of the withdrawal period, the Consumer acknowledges that, where required by applicable Regulations, the right of withdrawal may be lost or limited once the service has been fully performed or the digital content has been supplied, provided that the Consumer has given the required consent and acknowledgement and G2A.COM has provided the required confirmation on a durable medium. Nothing in this section limits any mandatory consumer rights that cannot be excluded under applicable Regulations. 19.1 G2A.COM has access to User data necessary to operate the platform, including: data concerning Items (in particular the content of offers); data identifying the Buyer within a Transaction; data concerning the Transaction (including the payment method and e-mail address, and, where applicable, the content of messages exchanged between the Buyer and the Seller, including discussions and disputes); data identifying the Seller; and data regarding the amount paid by the Buyer in a Transaction. G2A.COM may transfer such data to third parties in accordance with the Privacy and Cookies Policy and/or applicable Regulations. G2A.COM possesses the above-mentioned categories of data in relation to all Sellers’ Stores and all Transactions. 19.2 The User does not have access to all data available to G2A.COM. The User has free access via the Platform to data regarding the activities performed by them within the Platform, in particular regarding the sales conducted via the Platform, including, among others: turnover value, completed orders; and canceled orders for the duration of the Account on the Platform; data identifying the Seller; data identifying the Buyer as part of the Transaction. 19.3 Statistical data regarding sales on the Platform are stored by G2A.COM also after the termination of these Terms and Conditions with the User to the extent necessary to comply with applicable Regulations, establish, exercise or defend legal claims, conduct statistical analyses, and ensure the security and proper functioning of the Platform, in accordance with applicable Regulations. G2A.COM does not provide paid access to the statistics of the Platform. 19.4 Following termination of these Terms and Conditions, the Seller shall no longer have access to information provided by or generated through the Seller's use of the Platform, except where such access is required by applicable Regulations or is made available by G2A.COM through the functionalities of the Platform. 19.5 The Seller has access to the Transaction history performed within the Seller Store dating back at least 1 (one) year from the current day. 19.6 The Buyer has access to the Transaction history dating back 3 (three) years from the current day. 21. CONFIDENTIALITY and Privacy Policy 21.1.2 G2A.COM is entitled to share data, documents, and information about the User when it is a consequence of applicable legal or regulatory provisions or at the request of a competent judicial or other public authority. This applies in particular to anti-money laundering and terrorist financing regulations. 21.1.3 It is forbidden to use the information referred to in section 21.1.1, for commercial purposes consisting of promoting the User's activity outside the Platform in any form. In particular, it is prohibited to make proposals to buy or sell an item outside the Platform. 21.2.1 Personal data of the Users are processed by G2A.COM in accordance with applicable law and in accordance with the Privacy and Cookies Policy. 21.2.2 G2A.COM and Seller shall comply with all applicable data protection laws in connection with the processing of personal data under these Terms and Conditions. Unless expressly stated otherwise, G2A.COM and the Seller act as independent controllers with respect to personal data processed for their own purposes, including account management, Transactions, invoicing, tax, compliance, security, fraud prevention, dispute handling, customer support, legal claims, analytics, improvement of Services, development of Platform functionalities, and fulfilment of obligations under Regulations. To the extent that G2A.COM processes personal data on behalf of the Seller, this section 21.2 shall constitute a data processing agreement within the meaning of applicable data protection laws and shall govern the processing of such personal data by G2A.COM as processor on behalf of the Seller as controller. 21.2.3 The personal data processed in connection with the Services may concern Buyers, Sellers, persons acting on behalf of Sellers, persons authorized to use the Account, persons involved in Transactions, complaints, disputes, billing, tax, compliance, product safety, or other obligations arising under Regulations. Such personal data may include identification data, contact data, Account data, Seller Store data, Transaction data, order data, delivery or fulfilment data, billing and invoice data, complaint and dispute data, communication content, activity data, technical data, fraud prevention data, compliance data, and other data necessary to provide the Services, operate the Platform, perform Transactions, ensure security, and comply with Regulations. 21.2.4 The Seller instructs G2A.COM to process personal data to the extent necessary to provide the Services, operate the Platform, enable Seller Store functionalities, support Transactions, enable communication between Users, support billing and invoicing functionalities, handle complaints and disputes, support refunds and chargebacks, maintain the quality and security of communication and Platform use, comply with Regulations, and perform these Terms and Conditions. Processing may include collecting, recording, storing, organizing, structuring, displaying, transmitting, making available, modifying, analyzing, combining, anonymizing, restricting, deleting, and otherwise processing personal data, including by automated means and, where applicable, machine learning or AI-based functionalities used to provide or improve the Services. The processing of personal data by G2A.COM on behalf of the Seller shall continue for the duration of the Seller’s use of the Services and for any subsequent period during which G2A.COM processes personal data on behalf of the Seller for the purposes set out in this section 21.2. 21.2.5. The Seller represents that it is entitled to instruct G2A.COM to process personal data in the scope and for the purposes set out in these Terms and Conditions. These Terms and Conditions, the Platform functionalities, and the Seller’s documented use of the Services constitute the Seller’s documented instructions to G2A.COM. G2A.COM shall process personal data on behalf of the Seller only on such documented instructions, including about transfer of personal data to a third country or an international organization, unless G2A.COM is required to process such personal data by applicable law. In that case, G2A.COM shall inform the Seller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. G2A.COM may refuse to follow an instruction if, in its reasonable opinion, it violates applicable data protection laws, Regulations, these Terms and Conditions, security requirements, or rights of data subjects, and shall inform the Seller without undue delay, if, in G2A.COM’s opinion, an instruction infringes applicable data protection laws. 21.2.6 The Seller shall process personal data obtained through the Platform solely to the extent necessary to perform Transactions, deliver Items, provide after-sales support, issue invoices or bills, handle complaints, disputes, refunds, chargebacks, legal claims, tax and accounting obligations, product safety obligations, and comply with Regulations and these Terms and Conditions. The Seller shall not use such personal data for marketing, resale, enrichment, profiling, data brokerage, or any other unrelated purpose unless it has an independent valid legal basis under applicable data protection laws. 21.2.7 Each Party shall implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure, taking into account the state of the art, implementation costs, nature, scope, context and purposes of processing, and the risk to rights and freedoms of natural persons. Such measures may include, where appropriate, pseudonymization, encryption, measures ensuring ongoing confidentiality, integrity, availability and resilience of processing systems, restoration of availability and access to personal data after an incident, and regular testing, assessment, and evaluation of security measures. Each Party shall ensure that persons authorized to process personal data are bound by confidentiality obligations. Taking into account the nature of the processing and the information available to G2A.COM, G2A.COM shall assist the Seller, insofar as possible, in ensuring compliance with the obligations referred to in Articles 32 to 36 GDPR or equivalent obligations under applicable data protection laws. 21.2.8 The Seller authorizes G2A.COM to engage Affiliates, service providers, payment service providers, hosting providers, customer support providers, fraud prevention providers, compliance providers, analytics providers, technology providers, and other third parties necessary to provide the Services, operate the Platform, secure Transactions, comply with Regulations, or exercise rights under these Terms and Conditions. G2A.COM shall use only processors providing sufficient guarantees to implement appropriate technical and organizational measures and shall impose on such processors data protection obligations materially equivalent to those set out in this section, where required by applicable data protection laws. G2A.COM shall inform the Seller of any intended addition or replacement of sub-processors processing personal data on behalf of the Seller, including through the Privacy and Cookies Policy, a dedicated sub-processor list, the Seller’s Account, or another official communication channel, thereby giving the Seller the opportunity to object to such change before the relevant sub-processor begins processing If the Seller objects to a sub-processor on reasonable data protection grounds, the Parties shall use reasonable efforts to resolve the objection, including by making available a commercially reasonable alternative. If no such alternative is available, the Seller may terminate the affected Services or these Terms and Conditions, but may not be able to use the Services affected by such objection. G2A.COM shall remain liable to the Seller for the performance of the relevant sub-processor’s data protection obligations to the extent required by applicable data protection laws. 21.2.9 Taking into account the nature of the Services, G2A.COM shall make available to the Seller information reasonably necessary to demonstrate compliance with this section 21.2 and applicable data protection laws. The Seller may request such information through the official contact channel indicated by G2A.COM. G2A.COM shall respond within 30 (thirty) days from receipt of the request, unless a longer period is reasonably necessary due to the scope or complexity of the request. Any audit or inspection rights shall be exercised primarily through provision of information, security documentation, certificates, reports, or other evidence reasonably made available by G2A.COM, unless applicable law requires otherwise. 21.2.10 Each Party shall reasonably cooperate with the other Party in responding to requests from data subjects and competent supervisory authorities, taking into account the nature of processing and the information available to each Party. The Seller shall promptly inform G2A.COM of any request, complaint, inquiry, or communication concerning personal data obtained through the Platform where it may affect G2A.COM, the Platform, Transactions, Services, or other Users. Taking into account the nature of the processing, G2A.COM shall assist the Seller by appropriate technical and organizational measures, insofar as possible, in fulfilling the Seller’s obligation to respond to requests from data subjects exercising their rights under applicable data protection laws 21.2.11 Each Party shall notify the other Party without undue delay after becoming aware of a personal data breach affecting personal data processed in connection with the Platform, where such breach may materially affect the other Party, Users, Transactions, Services, or compliance with Regulations. The Parties shall reasonably cooperate to investigate, mitigate, and, where required, notify competent authorities or data subjects. Where G2A.COM becomes aware of a personal data breach affecting personal data processed by G2A.COM on behalf of the Seller, G2A.COM shall notify the Seller without undue delay and provide information reasonably available to G2A.COM to enable the Seller to comply with its obligations under applicable data protection laws. 21.2.12 G2A.COM shall delete or anonymize personal data processed on behalf of the Seller within the periods specified in the Privacy and Cookies Policy or within periods required under Regulations, unless G2A.COM is entitled or required to retain or process such personal data for its own purposes as an independent controller, including compliance, AML/CFT, sanctions, tax, accounting, audit, security, fraud prevention, analytics, service improvement, dispute, limitation period, legal claims, or other purposes described in the Privacy and Cookies Policy. Following the end of the provision of Services involving processing on behalf of the Seller, G2A.COM shall, at the Seller’s choice, delete or return to the Seller the personal data processed on behalf of the Seller and delete existing copies, unless applicable law requires G2A.COM to retain such personal data. The Seller acknowledges that the return of data may be made available through the Platform functionalities or another reasonable technical method offered by G2A.COM. Processing personal data on behalf of the Seller does not limit G2A.COM’s right to process personal data where it has an independent legal basis. 21.2.13 Each Party may transfer personal data internationally only in accordance with applicable data protection laws. Where required, such transfers shall be based on an adequacy decision, standard contractual clauses, international data transfer agreement, binding corporate rules, derogation, or any other valid transfer mechanism recognized under applicable data protection laws. Each Party shall implement any supplementary measures required to ensure an adequate level of protection for personal data transferred internationally, taking into account the nature of the transfer, categories of personal data, recipients, destination countries, and applicable Regulations. 21.2.14. This section 21.2 shall apply for as long as the Seller uses the Services and, after termination or expiration of these Terms and Conditions, for as long as either Party processes personal data obtained or generated in connection with the Platform, Transactions, Services, or Seller Store. Lack of acceptance of this section 21.2 may prevent the Seller from using Services involving the processing of personal data 22.1.1 changes in generally applicable regulations, if as a result of this change, G2A.COM is legally obliged to change these Terms and Conditions; 22.1.2 a court judgment or an administrative decision, if the Terms and Conditions contain provisions similar to those reviewed by a court or authority, which require changes to these Terms and Conditions due to the content of the judgment or decision; 22.1.3 recommendations issued by the supervisory body over the activities of G2A.COM or offices or courts' interpretation of regulations, if they concern the matter covered by these Terms and Conditions and as a result of their issuance there will be a need to amend these Terms and Conditions, the purpose of which is to adapt the content of these Terms and Conditions to the issued recommendation or official or court interpretation regulations; 22.1.4 in order to ensure the proper functioning, security and improvement of the Platform; 22.1.5 in order to introduce new products or services offered by G2A.COM or to highlight new categories; 22.1.6 in order to modify and/or add the functionality of products, services, or service delivery methods due to technological requirements; 22.1.7 in order to ensure the safety and security of Users; 22.1.8 changes in the amount of Fees charged by G2A.COM; 22.1.9 in order to prevent abuse or crime by Users; 22.1.10 the need to correct obvious mistakes or typographical errors or to fill gaps or inaccuracies in these Terms and Conditions (which changes in these Terms and Conditions will not affect the rights and obligations of the User); 22.1.11 changes in the G2A.COM’s offer regarding the scope, functionality of Services or Platform, the process of establishing relations with G2A.COM or concluding product agreements (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the Customer); 22.1.12 introduction of new sales channels (which changes to these Terms and Conditions, however, will not affect the rights and obligations of the User); 22.1.13 changes in the marketing names of products and services (which changes in these Terms and Conditions, however, will not affect the rights and obligations of the User); 22.1.14 changes in the names of titles, subtitles, and chapters (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User); 22.1.15 withdrawal of products or services from the offer (which changes in the Terms and Conditions, however, will not affect the rights and obligations of the User). 22.2 In such a case, G2A.COM shall inform Users of the changes, by sending them a copy of the amendments (for example via e-mail and/or in the Account) and a revised version of the Terms and Conditions, no later than fifteen (15) days prior to the scheduled entry into force of the planned amendments. G2A.COM may grant a longer notification period for amendments to these Terms and Conditions if necessary to allow Users to make technical or commercial adjustments to comply with the changes. 22.4 Without prejudice to the above, G2A.COM may amend these Terms and Conditions without the fifteen (15) days period referred to in section 22.2 above, with immediate effect, if it: 22.4.1 is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that does not allow it to respect the fifteen (15) days notice period; or 22.4.2 has exceptionally to change these Terms and Conditions to address an unforeseen and imminent danger related to the Services operation, as well as defend the Platform, and Users from fraud, malware, spam, data breaches, or other cybersecurity risks. 23.4 These Terms and Conditions are governed by the laws of: 23.4.1 Hong Kong without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in the case when the User executes these Terms and Conditions with G2A.COM Limited, or GATE READY Limited, or 23.4.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in the case when the User executes these Terms and Conditions with G2A LLC. 23.5.1 Hong Kong, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in case when the User executes these Terms and Conditions with G2A.COM Limited, or GATE READY Limited; or 23.5.2 USA, State of Nevada, without giving effect to its conflict of law principles, unless the domestic law applicable to a Consumer provides otherwise – in the case when the User executes these Terms and Conditions with G2A LLC. 23.6 All attachments to these Terms and Conditions constitute an integral part hereof. In the event of any conflict between the provisions of the attachments and the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise. The following attachments are annexed to these Terms and Conditions: 23.6.1 Form of withdrawal 23.6.2 Table of Fees and Commission 23.6.3 Terms And Conditions for Transactions with Users from U.S. FORM OF WITHDRAWAL Name and surname: [__] Delivery address: [__] Please refund the price you paid along with the costs incurred by me/us to this bank account number/as follows signature (only if this form is sent via register mail): [__] Place and date: [__] Signature [__]
I hereby withdraw from the contract of the Services provided under G2A.COM Platform (www.g2a.com).
Table of Fees
| Fees payable by the Seller to G2A.COM | A percentage of Seller base price for an Item | Fixed fee | |
| Base Fee1 | The cost of listing an Item on the Item page | 0% | 0,15 EUR for all Items listed on the given item page |
| The cost of updating an Item price | 0% | 0,15 EUR for each Item | |
| The cost of adding an Items in the offer | 0% | 0,15 EUR for each started multiple of 10 Items | |
| Item Categories Fee2 | Adult Gift cards | 6,0% | 0,40 EUR for each Item |
| Adult subscriptions | 6,0% | 0,40 EUR for each Item | |
| Antivirus software | 9,9% | 0,40 EUR for each Item | |
| Cash gift cards | 4,0% | 0,40 EUR for each Item | |
| Cryptocurrencies | 5,0% | 0,40 EUR for each Item | |
| Currencies & Points | 9,9% | 0,40 EUR for each Item | |
| DLC | 9,9% | 0,40 EUR for each Item | |
| E-learning | 4,0% | 0,40 EUR for each Item | |
| Games | 9,9% | 0,40 EUR for each Item | |
| Games account | 25,0% | 0,40 EUR for each Item | |
| Gaming gift cards | 6,0% | 0,40 EUR for each Item | |
| Gaming subscriptions | 9,9% | 0,40 EUR for each Item | |
| Gaming subscriptions account | 25,0% | 0,40 EUR for each Item | |
| Gift cards | 4,0% | 0,40 EUR for each Item | |
| Mobile game top-ups | 9,9% | 0,40 EUR for each Item | |
| Mobile prepaids | 4,0% | 0,40 EUR for each Item | |
| Points & currencies special | 9,9% | 0,40 EUR for each Item | |
| Software | 9,9% | 0,40 EUR for each Item | |
| Microsoft Software | 20,0% | 0,40 EUR for each Item | |
| Random | 20,0% | 0,40 EUR for each Item | |
| Special gift cards | 10,8% | 0,40 EUR for each Item | |
| Subscriptions | 4,0% | 0,40 EUR for each Item | |
| Subscriptions account | 10,0% | 0,40 EUR for each Item | |
| VPN | 15,0% | 0,40 EUR for each Item | |
| Other Items (not listed above) | 20,0% | 0,40 EUR for each Item | |
| Order Fee3 | All Items | G2A.COM shall charge the Seller an “Order Fee”, which ranges from 0% to 60% of the base price of the Item listed on the Platform. The amount of the Order Fee that the Seller is required to pay is indicated on the Seller’s Account during the process of creating an offer for the Item. | |
- * The base price means a price for an Item set by the Seller, including tax rate set by the Seller, from which commissions described in these Terms and Conditions are deducted and to which they included.
- * The Base Fee becomes due and payable to G2A.COM by the Seller at the moment the action covered by this Base Fee is confirmed by the Seller.
- * The Item Categories Fee becomes due and payable to G2A.COM by the Seller upon payment of the purchase price for the sold Item by the Buyer to the Seller.
- * This Order Fee becomes due and payable at the moment of the Item's purchase by the Buyer from the Seller.
Note 1)
Base Fee
The Base Fee amount that the Seller is obligated to pay to G2A.COM shall be calculated by summing: (a) a percentage of the Item’s base price and (b) a fixed fee.
Example: If a Seller creates an offer with 15 Items, they will be charged of:
- * €0.15 (Fixed fee – the cost of listing an Item) +
- * 2 x €0.15 (Fixed Fee – for each started multiple of 10 Items listed))
- * = €0.45 (total Base Fee)
Note 2)
Item Categories Fee
Item Categories Fee amount that the Seller is obligated to pay to G2A.COM shall be calculated by summing: (a) a percentage of the Item’s base price and (b) a fixed fee.
Example: If a Seller sells 15 Items from the "Games" category on the Platform at €10 each, the fee is calculated as follows:
- * (9.9% x €10) x 15 Items (percentage of the Item’s base price)
- * 15 Items x €0.40 (fixed fee)
- * = €20.85 (total Item Categories Fee)
Note 3)
Order Fee
Order Fee amount that the Seller is obligated to pay to G2A.COM shall be calculated for example as 10% percentage of the base price Item.
Example: If a Seller offers an Item from the "Games" category, listing it for €10 each per unit, the Order Fee is €10 x 10% - this fee is added to the Seller’s base price for the Item listed.
SUMMARY
By adding the values from the examples above, for a listing of 15 Items from the "Games" category where each Item’s base price is at €10, the total Fee the Seller is obligated to pay to G2A.COM is: €0.45 (total Base Fee) + €20.85 (total Item Categories Fee) + €15,00 (total Order Fee) = €36,30, however, Base Fee becomes due and payable to G2A.COM at the moment the action covered by this Base Fee is confirmed by the Seller in the Account panel, whereas Item Categories Fee and Order Fee becomes due and payable to G2A.COM upon payment of the purchase price for the sold Item by the Buyer to the Seller.
| Currency exchange fees payable by the Seller and/or Buyer | Percentage of the transaction value |
| Buyer’s currency conversion fee – applicable when the Buyer pays for an Item in a currency other than the one listed for that Item on the Platform | 2,49% |
| Seller’s manual currency conversion fee – applicable when the Seller manually converts funds deposited from Item sales into a currency other than the one in which the funds were originally deposited | 2,49% |
| Seller’s automatic currency conversion fee – applicable when the Seller payouts funds deposited from Item sales in a currency other than the one in which the funds were originally deposited | 2,49% |
| Fees payable by the Seller - Payout method | Percentage of the payout value | Fixed fee | Payout currencies exempt from currency conversion fees (by selected payment method) |
| Bank Transfer | 1,0% | 1,50€ | EUR, GBP, USD, PLN |
| PAYONEER Minimum single payout amount: 20€/20$ |
1,5% | 1,50€ | EUR, USD |
| Cryptocurrency (BitCoin) | 1,5% | 1,50€ | EUR |
| Type of Fee payable by the Seller and/or by the Buyer | Conditions | Value |
| Inactivity fee | Fee payable by the Buyer and/or Seller – if the User (Buyer and/or Seller) does not log in to their Account for more than 180 days, the User will be charged by G2A.COM an inactivity fee of €2 for each month of inactivity, or less, if there are insufficient funds on the G2A Balance | 2 EUR for each commenced month |
| Selected Offer fee* | Fee incurred by the Seller – this fee becomes due and payable at the moment the Buyer purchases an Item that was listed in the "Selected Offer" section | 3% of Seller’s base price, including tax rate set by the Seller |
| Sponsored Selected Offer fee | Fee incurred by the Seller – this fee becomes due and payable at the moment the Buyer purchases an Item that was listed in the "Sponsored Selected Offer" section. | As agreed between the Seller and G2A based on the Sponsored Selected Offer invitation. |
| Physical Delivery Service fee | Fee payable by the Buyer – a fee incurred when the Buyer requests physical delivery of an Item via a physical service provider. | 50 EUR for each Item to be delivered |
*The Seller may choose to have the Selected Offer fee deducted as a commission or to add said fee to the Item’s base price. By default, this fee is added to the Item’s base price. If the Seller prefers to have this fee deducted as a commission once the offer is promoted in the Selected Offer section, please contact G2A.COM Limited at mptickets@g2a.com or via registered mail at the address set forth in section 2.11.1 (G2A.COM Limited). Further information for Sellers can be found at https://supporthub.g2a.com/seller/en/selling-digital/what-is-the-selected-offer-program-and-how-does-it-work-
THIS EXHIBIT 1 APPLIES IN ADDITION TO THE TERMS AND CONDITIONS, SUPPLEMENTING THEM IN AREAS NOT OTHERWISE COVERED.
1. The Platform sales tax remittance
1.1. Pursuant to U.S. marketplace sales tax laws, marketplace that allows for the Sellers to promote their offers to Buyers of sale of the Item and alike is considered to be a marketplace tax remitter. Since G2A.COM in some cases may fall into that category, the following applies:
a) G2A.COM will collect and remit applicable sales tax on behalf of Sellers where required by the applicable state law since marketplace sales tax laws shift the sales tax collection and remittance obligations from the Seller to G2A.COM.
b) In certain states where no marketplace sales tax laws are enacted or specific items (such as game activation codes, gift cards, and other types of vouchers) do not fall within the definition of taxable supply G2A.COM is not responsible for those taxes.
c) Sellers are responsible for providing accurate tax information and cooperating with tax compliance requirements.
d) Buyers acknowledge that sales taxes may be included in the total purchase price where applicable.
e) Pursuant to Section 7.3 herein, G2A.COM within the Seller Store functionalities ensures the technical resources necessary to issue bills in the name and on behalf of the Seller who (without prejudice to section 7.3.5) hereby agrees to outsource to G2A.COM a task of issuing bills concerning Transactions made via the Seller Store that for the transactions with U.S. will incorporate sales tax where applicable.
1.2. Obligations of Users in regards to transactions executed with Users from U.S.
a) Each Buyer from U.S. shall confirm his/her place of residence (headquarter or place of habitual residence) by selecting the appropriate state and zip-code (if applicable).
b) Each Buyer from U.S. agrees and acknowledges that the location declared is true and correct.
c) In case zip-code or state of the Buyer changes, he/she must adjust it in the dashboard panel.
d) G2A.COM may, according to marketplace sales tax laws, add to final price applicable taxes, and other costs at checkout.
e) Buyers acknowledge that the G2A.COM is a marketplace as defined by the relevant marketplace sales tax state laws and is not the Seller of record nor merchant of record.
f) Sellers acknowledge that at no time G2A.COM takes the ownership of the Items offered by the Sellers and is in no way responsible for authorization of delivery, authorization of charge or setting conditions of the sale.