General Terms and Conditions

§ 1 Contractual object and applicability
§ 2 Intermediary role
§ 3 Terms of payment
§ 4 Termination
§ 5 Liability
§ 6 Copyright
§ 7 Applicable law
§ 8 Place of jurisdiction
§ 9 Data protection
§ 10 Severability clause

 

§ 1 Contractual object and applicability

1.1. D2ItemStash (in the following referred to as D2ItemStash) is an online agency for the buyers (in the following referred to as Buyers) and sellers of virtual and digital goods in relation with online games. Through its platform d2itemstash.com (in the following referred to as the Platform), D2ItemStash connects the sellers of virtual and digital goods available with Buyers. For this service, the seller must pay D2ItemStash a fee in the form of a discretely negotiated commission. The relationship between D2ItemStash and the Buyer is unrewarded.

1.2. The sellers distribute and deliver digital and virtual products in exchange for honorarium. The products are primarily
• Online game items (for example coins, points, armors, gold)
• Leveling services (for example character leveling, where the Buyer gets in contact with professional gamers who play to higher levels on the Buyer’s behalf.)
• Keys, Codes and game cards (keys or access codes for specific online games)
The seller processes the legal transaction regarding the sale of virtual and digital goods with the Buyer directly. At no time does D2ItemStash have ownership of the digital or virtual goods.

1.3. The following General Terms & Conditions (in the following referred to as GTCS), as altered on the date of registration, apply on an exclusive basis to the relationship between D2ItemStash and the Buyer.

1.4. These GTCs are not applicable to the relationship between the Buyer and the seller. The terms & conditions of sales of the seller apply to the relationship between the Buyer and the seller.

1.5. If translations of these GTCs into any other language than English should have inconsistencies as a result of the translation process, the English version of these GTCs are authoritative.

 

§ 2 Intermediary role

2.1. A customer account is not required in order to use D2ItemStash. The Buyer is free to use the guest checkout hence if the Buyer prefers to create an account for convenience and possible rewards, the Buyer must provide his/her first name(s) and surname and his/her email address. The Registration is free.

2.2. Optionally, a social media login allows the Buyer to use D2ItemStash without registering. In this case, D2ItemStash shall authenticate and clearly identify the Buyer using the Buyer’s account information at Facebook, Google, Twitter and so on.

2.3. When registering a customer account, the Buyer will be asked to read and accept the terms & conditions of use and D2ItemStash’s data privacy policy. This is a mandatory requirement, marked with an asterisk when registering with D2ItemStash.

2.4. On its Platform, D2ItemStash hosts sellers’ invitations to Buyers – in the form of offer text and images – to submit an offer by clicking on ‘Buy’ buttons. After adding goods to the Cart by clicking on the ‘Add to Cart’ button and clicking ‘Pay now’ at the end of the order process, the Buyer submits a legal binding offer for the associated goods. D2ItemStash will forward the offer to the relevant seller, which can then accept it. If the seller accepts the offer, it will deliver the product to the Buyer within the specified delivery time.

2.5. If the seller accepts the offer, D2ItemStash will arrange contact between the seller and Buyer.

2.6. The seller must determine the method of delivery. The following delivery methods might be available:

– In-Game (Face2face)
The seller meets the Buyer within the game and delivers the product.

– Keys/codes/cards
These will be sent to the Buyer through an external service-provider by or on behalf of the seller.

– Comfortable trade
The seller will log into the game account of the Buyer over an encrypted and secured connection, creating a new character and will deliver the product to the Buyer.

– Mule account
The seller will create a new mule-account, places the product(s) there and will send the account-name and password to the Buyer.

 

§ 3 Payment

3.1. The Buyer must pay the seller the purchase price stated by the seller on D2ItemStash’s Platform.

3.2. The payment must be done directly to the seller via the Platform and account of D2ItemStash.

3.3. At no time does D2ItemStash automatically receive payments. The payment will be made only after the seller verifies and accepts the offer, the payment can only be actively processed by the Buyer. Before the Buyer is able to select a payment method, a request is sent to the seller via an interface, which will then check the Buyers offer. For the Buyer, this process is represented visually by a short loading. As soon as the check had been completed, the Buyer will be able to select a payment method. Every time he/she places an order, the Buyer must select a payment method and then enter his/her payment information on the payment page again. D2ItemStash shall then process the transaction.

3.4. Payment methods do include PayPal, Paymentwall and various other payments via Paymentwall. The sellers got the right to refuse or accept certain payment methods or accept/demand other payment methods than those listed above.

3.5 Return / Refund Policy:
If there is any issue with your order please contact us at the soonest.
We do offer a 72 (seventy-two) hour warranty for mistakes of the sellers such as incomplete order delivery, corrupted or wrong items.
Once you received your ordered items from the seller please contact us immediately with your order number, name, email and describe, visualize the problem with screenshots.
An exchange or correction will be the first preferred option, if the seller can’t solve your issue on time we will issue a refund to you at the soonest.

 

§ 4 Termination

4.1. The Buyer and D2ItemStash do both got the right to terminate their relationship at any time. This can be done by removing the Buyer’s account. To do so, the Buyer must send D2ItemStash a message (through our ‘Contact form’ on the Platform of D2ItemStash or via email) demanding the deletion of his/her account. D2ItemStash will fulfill this demand between three and five days after receiving the message at the latest.

4.2. D2ItemStash can also terminate the relationship. In this case, D2ItemStash can either temporarily or permanently block or remove the account of the Buyer. After evaluating its interests, D2ItemStash shall continue with any ongoing intermediation until it is complete.

 

§ 5 Liability

5.1. The Buyer does not have a claim for compensation. This does not include claims for compensation of the Buyer resulting from injury to health, life and limb from the violation of necessary contractual duties (cardinal duties) or liability for other damage resulting from an intentional or grossly negligent breach of duty on the part of D2ItemStash, its legal representatives, or its vicarious agents. Cardinal-duties must be carried out in order for the parties to achieve the purpose of the contract of their duties.

5.2. With regard to the violation of cardinal duties, D2ItemStash shall only be liable for the typical foreseeable damage for this type of contract if the damage was caused by simple negligence, unless any claims for compensation of the Buyer are based on injury to health, life or limb.

5.3. The restrictions set out in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of D2ItemStash if claims are filed directly against them.

5.4. D2ItemStash can’t be held liable for the measures taken by any provider of online games against the Buyer, especially not for temporary blocking the Buyer’s account or the removal of his/her virtual or digital goods by the online games provider.

5.5. Liability for incorrect pricing, wrong performance or non-performance by the seller, and for any other breaches of contract or risks associated with the sale of the goods, are exclusively with the seller.

5.6. These GTCs do not affect the regulations of the Thai “Liability for Damages Arising from Unsafe Products Act 2551 B.E. (2008) (UPA)”

5.7. These general terms and conditions do not affect self-contained representations and guarantees.

 

§ 6 Copyright

6.1. The content available on the Platform is protected by copyright or other proprietary rights and is the property of D2ItemStash or third parties which have made it available. The compilation of the content in itself is protected as a collection or database work in the sense of the Thai “Copyright Act (No.3) B.E. 2558 (2015)”. The Buyer may only use this content in keeping with the provisions of these General Terms and conditions.

6.2. Some of the content available on the Platform is provided by D2ItemStash and some by third parties. D2ItemStash does not verify that third-party content is complete, accurate or legal, and therefore accepts no responsibility for said third-party content.

6.3. The Buyer is prohibited from completely or partially processing, modifying, exhibiting, publishing, displaying, duplicating, or distributing content on the Platform which the Buyer did not create. Such content includes photos, logos, text, reports, scripts, and program routines developed independently or provided by D2ItemStash. Also, the Buyer is prohibited from removing or modifying copyright notices, proprietary notices, or marks of any kind.

6.4. Any type of use not expressly permitted in these general terms and conditions requires the written consent of D2ItemStash.

6.5. Paragraphs 1 to 4 apply exclusively to content that is independent of the purchase of virtual and digital products, and expressly not to the intellectual property rights to the virtual and digital products themselves.

 

§ 7 Applicable law

These GTCs are subject to the law of Thailand, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect mandatory consumer protection regulations of the country in which the consumer in question is constantly resident.

 

§ 8 Place of jurisdiction

In case the Buyer is an enterpriser, legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the relationship between the Buyer and D2ItemStash shall be the registered address of D2ItemStash. Otherwise, the place of legal jurisdiction of the parties must be used.

 

§ 9 Data protection

9.1. D2ItemStash must collect the data of the Buyer in relation with the mediation and execution of contracts. In doing so, D2ItemStash shall adhere to the regulations of the Thai “Personal Data Protection Act, B.E. 2562 (2019) (PDPA)” and the Thai “BROADCASTING AND TELEVISION BUSINESSES ACT, B.E. 2551 (2008)”. D2ItemStash must only collect, process, and use personal data without the consent of the Buyer in so far as necessary.

9.2. By registering on the Platform of D2ItemStash, the user agrees to the terms and conditions of use and the data privacy policy of D2ItemStash

 

§ 10 Severability clause

If any provision of these general terms and conditions should be or become ineffective, this shall not affect the validity of the rest of these GTCs. The ineffectual provision is to be exchanged by a provision which best estimates the intent of the parties within the limits of the law. The same applies for the event of a loop-hole.

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