In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Items" means the articles to be supplied to the Buyer the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright,
trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means BALLCHASER.NET.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Items by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller's current List Price, or such other price as the parties may agree in writing. Delivery of items shall be paid for by the buyer.
3.2 Payment of the price and any other applicable costs shall be due within 1 day of the date of receipt of the invoice supplied by the Seller.
3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.3.1 refuse to make delivery of any undelivered Goods whether and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Any description given or applied to the Items is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the purchase.
Where a sample of the Items is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the display of this product, and not so as to constitute a sale by sample.
6.1 Delivery of the Items shall take place at the information specified by the Buyer. Delivery is carried out by the nickname Epic game, the link to the steam profile, the friend's code. The Buyer shall make all arrangements necessary to take delivery of the Items whenever they are tendered for delivery.
6.2 The time of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 If the Seller is unable to deliver the Items for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 The buyer is not entitled to replace the items ordered by him after delivery. Order cancellations and refunds for items will only occur prior to item delivery.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s account.
Title in the Items shall not pass to the Buyer until the Seller has been paid in full for the Goods.
9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of the purchase where such representations were made or given in relation to:
9.1.1 the correspondence of the Items with any description;
9.1.2 the quality of the Items; or
9.1.3 the fitness of the Items for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
9.2.1 the correspondence of the Items with any description;
9.2.2 the quality of the Goods; or
9.2.3 the fitness of the Goods for any purpose whatsoever.
9.3 All implied terms, conditions or warranties as to the correspondence of the Items to any description or the satisfactory quality of the Items or the fitness of the Items for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
10 LIMITATION OF LIABILITY
10.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the purchase price.
10.2 The seller is not responsible for any technical problems that may result in delays in the delivery of items..
11 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of items, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, issue a refund for a purchase.
13 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
14 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
16 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Russian Federation and the parties hereby submit to the exclusive jurisdiction of the Russian courts.
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