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Terms of Service (sales)

Below you can find our Terms and Conditions regarding sales through XKZ Exchange.

Article 1. Definitions

1. Service provider: the company RFD Media B.V., trading under the official registered trade name XKZ Exchange, and holding office in Leiden, The Netherlands.
2. Buyer: the user of the service of the service provider.
3. Agreement/Service: the contract between the seller and service provider, where the service provider sells virtual currency to seller.
4. Transaction platform: the service provider websites, which are used for entering and processing transactions.
5. Virtual world owner: the person, company or organization that owns or governs the virtual world.
6. Avatar: unique identification of a person or company in a virtual world
7. Terms of Service: these conditions.
8. Parties: the service provider and the seller jointly.

Article 2. Application

1. The terms of service are applicable to all agreements referred to in Article 1.3
2. It is not possible to deviate from the terms of service.
3. If any provision of these terms appear to be void, the parties will replace a new provision that as much as legally possible reflects the intent of the original provision is shaped.
4. The applicability of other general conditions is explicitly rejected.
5. The Terms of Service may be changed unilaterally by the service provider. The amendments shall enter into force seven days after the announcement on the website of the service provider.

Article 3. Formation

1. The service provider emphasizes that there are countries where the agreement is not (fully) allowed or where age and disposition of interest. If legislation of the country in which the customer resides precludes the conclusion of the agreement, the buyer may not enter the agreement. By entering into this agreement, the buyer explicitly declares that he/she is duly authorized and that also permitted by law to do so.
2. The service allows for the sale of virtual currency on the Internet.
3. The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. Each offer includes such information that the buyer is clear what the rights and obligations are to the acceptance of the offer.
4. The buyer accepts the offer an the applicability of the terms of service for the sale of virtual currency.
5. The service provider has the right to refuse an agreement and and block or terminate access to transaction platform for certain customers.

Article 4. Buyer

1. The buyer has no power to cancel the agreement from the conclusion of the agreement within seven working days because the service starts immediately by sending the virtual currency.

Article 5. Payment

1. The customer pays before receiving the virtual currency the amount due.
2. Payment is made via the website of the service provider by selecting a payment method.
3. Buyer declares to be the owner or have permission from the owner of the means of payment including credit / debit card or prepaid card.
4. Service provider providers a financial service, which is free of VAT by Dutch law. All prices mentioned at our website are therefore free of VAT.

Article 6 Chargebacks and Fraud

1. If for any reason the buyer decides to reverse a payment ("chargeback"), then service provider immediately re-obtains a claim on buyer for the amount of the reversed payments.
2. If for any reason the buyer decides to reverse a payment ("chargeback"), then service provider immediately reports this to the virtual world, which may result in the virtual world account being blocked.
3. Upon receiving a payment from the buyer, service provider has the right to first hold back the outstanding claims (for example from chargebacks) on the buyer, before (partially) processing future orders.

Article 7. Delivery

1. Purchased virtual currency is delivered via electronic transfer by making use of the virtual world payment gateway.
2. The virtual currency is delivered to the Avatar name specified in the agreement by the buyer.
3. Service provider is committed to supply the currency within 1 hour after they payment has been received.
4. If delivery is not possible within 24 hours, the buyer will be contacted by service provider.
5. If the buyer has pending payments, for example due to previous chargebacks, delivery will be postponed until parties resolve the issue.

Article 8. Limitation of Liability

1. The service provider shall not be liable for any direct or indirect damages resulting from the sale of virtual currency, including consequential damages, lost sales and profits, loss of data and material damage.
2. More specifically, the service provider is not liable for the consequences of incorrect information supplied by the customer, including incorrect account information.
3. If liability could still be established, then it is always limited to the amount of the agreement in Euros.

Article 9. Privacy

1. In order to implement the agreement information is collected about the seller. This information can include personal data, bank account information, credit card details, etc.
2. The customer consents to the service provider to collect this information, and only when forced by law to share it with others.

Article 10. Applicable law

1. To the agreements mentioned in Article 1.3, only Dutch law will be applicable. Disputes that will arise as a result of these conditions or in connection with the execution of the contract, will only be decided by the Amsterdam District Court. In case of differences between Dutch and translated versions, the Dutch version will prevail.

Reference: AVI-2012.1
Valid as of: January 1st, 2012

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Alternatively, you may find our terms and conditions for creators/developers selling currency to us, here.