Refund policy and complaints
Text in this article is not a seperate statute, it is just a quoted part of Terms of Service.
Refund policy
Right of withdrawal. Taking into account the specific character of the Products being sold, i. e. virtual items, virtual currencies in online games, in particular Coins for FIFA, accounts for PS4/Xbox One, accounts with FIFA Points, activation keys for online games, accounts on Twitch.tv (“Products”) after the purchase of the Product it is not possible to return it, unless it is defective (see below).
This rule covers also sale on EU market in the Member States, which has implemented Directive 2011/83/EU of the European Parliament and of the Council of 25th October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577.EEC and Directive 97/7/EC of the European Parliament and of the Council.
According to art. 16 of the Directive
Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises contracts as regards the following:
c) the supply of goods made to the consumer’s specifications or clearly personalised;
m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
A consumer buying the Product, being on the territory of UE or being a citizen or resident of UE Member State, agrees to beginning the performance – supply of digital content, which is not supplied on a tangible medium acknowledging that thereby he looses his right of withdrawal from the Sale-Purchase Agreement within the meaning of Article 16 m) of Directive 2011/83/EU of the European Parliament and the Council of 25th October 2011 on consumer rights.
Complaints
1. The Customer (the Buyer) has a right to submit a complaint in writing to the address of the Seller’s office or by e-mail to the Seller’s e-mail address specified on the Website, or via the contact form available on the Website if:
a. the Product has not been delivered or;
b. the Product is defective.
2. The complaint should include the name and surname of the Customer, his e-mail address, a detailed description of the situation and the claims made by the Customer. If the complaint does not contain all the required data, the Seller will call the Customer to supplement them, otherwise the complaint will not be recognized.
3. If the Product has not been delivered, the Seller will make all reasonable attempts to deliver the Product promptly, and if this is not possible, the Customer will receive a refund of the price paid.
4. If the Product is defective, the Seller shall replace the product with a new one free of defects, unless the Product is not available, then the Customer shall receive a refund of the price paid. If the Product delivered again is defective, the Customer may, at his discretion, request the re-delivery of the non-defective Product or refund of the Price paid.
5. The Seller should consider the complaint within 14 (fourteen) business days from the date of receiving of a correct complaint containing all the required data. Lack of response within this term does not mean the complaint has been accepted by the Seller. The Seller notifies the Customer about his decision. The term of considering the complaint may be prolonged, in particular due to, for example, the need for a thorough analysis of the complaint basis.
6. The Seller may verify the Product purchased by the Customer to search for its in possible defect. In particular, this applies if the Customer claims that the activation key purchased was already activated or fits to another program or a different version of the program than the one indicated by the Seller. The Seller may also make the complaint conditional upon the Client signing the statement and send it in writing or a photocopy with the following wording:
“Under penalty of perjury, being aware of criminal liability for making false testimony and responsibility before the law, I declare that all circumstances stated in my complaint number ………., in particular regarding the defects of the Product named…….are true and reliable, in particular described and claimed defects of the Product has not been caused by reasons on my side."
