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Terms & Conditons of Use

Terms & Conditons of Use

 

1.     Scope of Applicability

1.1. Please read these conditions carefully before placing an order with a seller on MMOGA POWER. By placing an order with a seller on MMOGA POWER, you signify your agreement to be bound by these conditions.

1.2. The following T&Cs, as amended on the date of registration, apply on an exclusive basis to the relationship between MMOGA POWER and the Buyer.

1.3. These T&Cs do not apply to the relationship between the buyer and the seller. The terms and conditions of sale of the seller apply to the relationship between the buyer and the seller.

 

2.     Contractual Object and Applicability

2.1. Registered User Account is required in order to use the services on MMOGA POWER. To register, you must provide your first name(s) and surname, address, a current email address, and create a username and password. Registration is free.

2.2. Each user understands and agrees that MMOGA POWER is not a traditional seller or mart. Through the site, what MMOGA POWER provides is only an online platform or venue for information exchange and transaction between buyer and seller, including electronic web-based transaction platforms for user to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the User Agreement. Although MMOGA POWER will monitor the regular operation of the site to fulfill its duty of care, MMOGA POWER does not review and check each item of posted content and listing to search for infringement or illegal activity.

2.3. While MMOGA POWER helps facilitate transactions that are carried out on the MMOGA POWER marketplace, no agency relationship will be created between MMOGA POWER and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site. Accordingly, the contract formed at the completion of a transaction is solely between buyer and seller. MMOGA POWER is not a party to this contract nor assumes any responsibility arising out of or in connection with it. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

2.4. For this service, the seller must pay MMOGA POWER a fee in the form of an individually negotiated commission. The relationship between MMOGA POWER and the buyer is gratuitous.

2.5. The seller concludes the legal transaction concerning the sale of the goods listed on MMOGA POWER site with the buyer directly. At no point does MMOGA POWER has the ownership of the listing goods on the site.

 

3.     Instruction On Right to Cancellation

3.1. You have the right to cancel your order or return the items you received within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if the order relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract between buyer and seller, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

3.2. You must inform the seller of your decision to cancel your order. You may submit your request according to the instructions and forms available on MMOGA POWER, by contacting the seller or using CANCEL button. In case you use the return service, we will communicate to you an acknowledgement of receipt of such cancellation (e.g. by e-mail).

3.3. If you cancel your order, all payments received from you for the goods purchased will be reimbursed. This reimbursement will be made without undue delay and, except in the situations described below, by no later than 14 days from the day on which we received your communication on the cancellation of this order. For such reimbursement it will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. Seller may withhold reimbursement until the goods have been received or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

4.     Pricing

All prices are inclusive of legally applicable VAT.

5.     Terms of payment

5.1. The buyer shall pay the seller the purchase price indicated by the seller on MMOGA POWER platform.

5.2. The payment shall be rendered directly to the seller via the platform and account of MMOGA POWER. Every time you place an order, you must select a payment method and then enter your payment information on the payment page.

5.3. PayPal shall be a common payment methods used in MMOGA POWER. The sellers reserve the right to refuse to accept certain payment methods.

 

6.     Termination

6.1. The buyer and MMOGA POWER are both entitled to terminate their relationship at any time. This can be done by deleting the buyer's account. To do so, the buyer must send MMOGA POWER a message (by email or using the 'Contact Us' section on the Platform of MMOGA POWER) requesting the deletion of your account. MMOGA POWER shall fulfill this request five days after receiving the message at the latest.

6.2. MMOGA POWER can also terminate the relationship. In this case, MMOGA POWER can either temporarily or permanently block or delete the account of the Buyer. After weighing its interests, MMOGA POWER shall continue with any ongoing intermediation until it is complete.

 

7.     Delivery

7.1. The seller shall determine the method of delivery.

7.2. Unless agreed otherwise, delivery will be made to the delivery address indicated by you. On our website you will find information on the availability of products sold by MMOGA POWER (e.g. on the respective product detail page). Please note that all information about the availability, shipping or delivery of a product is merely estimated information and contains approximate values and does not constitute binding or guaranteed shipping or delivery dates, unless expressly stated otherwise in the shipping options for the respective product. If we notice, while processing your order, that the products ordered by you are not available, we will inform you thereof in a separate e-mail or through our Message Center. Your statutory rights remain unaffected.

 

8.     Customs

When ordering products from MMOGA POWER for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from MMOGA POWER, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

9.     Applicable Law

These T&Cs are subject to the law of the Federal Republic of Germany, 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 habitually resident.

 

10.  Liability

10.1.          User hereby acknowledges that although MMOGA POWER tries its best to provide users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, in no event shall MMOGA POWER be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.

10.2.          The users (including the seller and buyer) agree to release and indemnify MMOGA POWER and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the site.

10.3.          Each user understands and accepts that the product and content listing or displaying on the site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each user agrees that the user who uploads or lists that content and information on the site shall be solely responsible for any violation of third party rights. The site and MMOGA POWER shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

10.4.          In addition, in no event shall MMOGA POWER be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:

a)      Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;

b)      Any violation of Third Party Rights on the Site;

c)      Unauthorized access to data or private information of any user on the site; or

d)      Statements or conducts of any user of the site.

10.5.          These T&Cs do not affect the regulations of the German Product Liability Act (ProdHaftG).

10.6.          These T&Cs do not affect independent representations and warranties.

 

11.  Copyright

11.1.          The content available on the platform is protected by copyright or other proprietary rights and is the property of MMOGA POWER 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 Sections 4(2) and 87a (1) of the German Copyright Act (UrhG). The buyer may only use this content in keeping with the provisions of these T&Cs.

11.2.          Some of the content available on the platform is provided by MMOGA POWER and some by third parties. MMOGA POWER does not check that third-party content is complete, accurate or legal, and therefore accepts no responsibility for said third-party content.

11.3.          The Buyer is prohibited from fully 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 MMOGA POWER. Likewise, the buyer is prohibited from removing or modifying copyright notices, proprietary notices, or marks of any kind.

11.4.          Any type of use not expressly permitted in these T&Cs requires the written consent of MMOGA POWER.

 

12.  Data protection

12.1.          MMOGA POWER shall collect the data of the buyer in connection with the mediation and execution of contracts. In doing so, MMOGA POWER shall adhere to the regulations of the German Federal Data Protection Act (BDSG) and Broadcast Media Act (TMG). MMOGA POWER shall only collect, process, and use personal data without the consent of the buyer in so far as necessary.

12.2.          By registering on the platform of MMOGA POWER, the user agrees to the terms and conditions of sale and the data privacy policy of MMOGA POWER.

 

13.  Place of jurisdiction

If the buyer is an entrepreneur, corporate body 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 MMOGA POWER shall be the registered offices of MMOGA POWER. Otherwise, the legal place of jurisdiction of the parties shall be used.

 

Registered offices of MMOGA POWER:

MMOGA Internet Entertainment Limited

19/F., Queen’s Center,

58-64 Queen’s Road East, Wanchai, Hong Kong

Authorized Managing Director of MMOGA Internet Entertainment Limited: Tao Wang

Place of business: Hong Kong

Registration number: 2398289

 

14.  Amendments to The Conditions of Sale

We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms and Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Terms and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms and Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

15.  Waiver

If you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Sale.

 

16.  Children

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use MMOGA POWER with the involvement of a parent or guardian.

 

17.  Severability clause

If any provision of these T&Cs should be or become ineffective, this shall not affect the validity of the rest of these T&Cs. The ineffective provision is to be replaced by a provision which best approximates the intent of the parties within the boundaries of the law. The same applies in the event of a loophole.