TERMS AND CONDITIONS
1.1 These terms and conditions are applicable to the rights and responsibilities that will form between Progames.ee (including other languages) web shop customers (CUSTOMERS) and Prokeys OÜ (PROGAMES.EE) when selling or buying goods.
1.2 Terms and conditions must not contradict any laws of the Republic of Estonia and in case of any arguments or missing information, the current laws of the Republic of Estonia will be the basis to solving the issues.
1.3 In addition to the current terms and conditions, the relations between the Customer and Progames.ee will be regulated by legal provisions applicable in the Republic of Estonia, Progames.ee’s price list and good customs.
1.4 Progames.ee has the right to change the terms and price list without consulting the Customer in order to better it’s effectiveness, competitiveness, development, reorganizing or stock renewal. Any changes made in the terms and conditions will be applicable from the moment the information is published in the portal www.Progames.ee (including other languages). In case the Customer has made his / her order before the changes were made in the terms and conditions, then the terms and conditions that were in force while making the order will be applicable to the Customer, unless said otherwise in the terms or in the law.
1.5 Progames.ee and the Customer wish to trade through the web portal Progames.ee (including other languages) by following the terms and conditions set in this document.
1.6 By making an order in Progames.ee’s web store the Customer confirms that he / she has read and agreed to the terms and conditions.
2. PRICE LIST
2.1 Prices listed on Progames.ee’s web store are all in euros and do not include transport fees or turnover tax of 20%.
2.2 It is possible to preorder games from Progames.ee. In that case the exact delivery date will be marked next to the product.
2.3 All goods will be transported by e-mail and the transport fee is 0€ (euros)
2.4 Progames.ee will leave itself the right to change prices. In case the Customer has paid for his / her order before the price was changed then the price that was in force at the moment of making the payment, will be applicable for the Customer.
3. SHOPPING CART AND ORDERS
3.1 Customer’s shopping cart will be created once he / she has clicked the button “Add to cart” next to the product. This button can be found next to every product available on the web store.
3.2 Adding a product to the shopping cart does not oblige the Customer to make a purchase.
3.3 In order to see the shopping cart, the Customer must click on “Shopping Cart” and then he / she will be able to see a list of products added to the cart. The products and amounts can be viewed and changed or removed if necessary.
3.4 Until the purchase has been successfully completed by the Customer, all items in the shopping cart will be available to other customers as well.
3.5 In order to confirm an order the Customer must read and agree to the Terms and Conditions and move on with the suitable payment option.
3.6 In order to have a fast delivery without any delays or possible extra expenses the Customer must ensure that he / she enters all of his / her details correctly and precisely.
3.7 The Terms and Conditions are considered signed and agreed to and the order will be processed once the Customer has paid 100% of the required amount to Progames.ee’s bank account.
4. PAYING FOR THE GOODS
4.1 The Customer can choose a suitable payment option while making an order. The payment options available are as follows:
4.1.1 Paying through a bank link (Swedbank, SEB);
4.1.2 Bank transfer. An invoice will be sent to the Customer’s email.
4.2 The Customer must pay for the ordered goods and the payment must transfer to Progames.ee’s bank account within 12 hours of a working day after receiving an invoice, otherwise Progames.ee will consider this as a breach of the contract and will automatically refuse the order. If the Customer makes a payment later than the time stated then Progames.ee may consider accepting it. In case Progames.ee does not accept the late payment then the payment will be refunded to the Customer and a transfer fee of 1€ will be deducted from the refunded amount.
4.3 The order will be automatically cancelled if the Customer has not made a payment for the invoice within 7 working days since confirming the order.
5. DELIVERING THE GOODS
5.1 All products will be delivered to the Customer on first chance within 24 hours after the payment has been received. The delivery time depends on the product’s stock and a product may have four (4) different delivery time statuses:
5.1.1 Status “In Storage” means that the product is in stock and will be sent to the Customer immediately after receiving the payment.
5.1.2 Status “Available” means that the product is available for order but is not in stock. The order will be completed on first chance within 0-2 working days.
5.1.3 Status “Sold out” means that the product has been sold out and can not be added to the shopping cart.
5.1.4 Status “Pre-order” means that the Customer is able to add the product to the shopping cart and pay for the order but the product will be sent to the Customer on the date stated next to the product.
5.2 Pre-order exact release date depends on the worldwide distributor’s release date and delivery times.
5.3 All goods will only be sent to the Customer’s email address, no physical copies will be sent.
5.4 The Customer is obliged to give out correct information in order to avoid misunderstandings and delays during the delivery. Progames.ee is not responsible for any delays or misunderstandings caused by the Customer’s inaccurately provided information during making the order.
6. REFUNDING AND CANCELLING AN ORDER
6.1 The Customer has a right to cancel an order after making a payment but before receiving the products, by sending an email to [email protected] confirming that he / she wants to cancel the order and providing the order number. A transfer fee of 1€ (euro) will be deducted from the refunded amount.
6.2 All products bought from Progames.ee have a 14-day return time that will begin once the product has been delivered, as stated by Law of Obligations Act, § 56.
6.3 The cost of returning a product will be covered by the Customer and the initial transfer fee will not be paid to the Customer (unless the product sent to the Customer does not match the product ordered by the Customer).
6.4 Once returning a product, it must be returned as soon as possible but no later than 30 days after confirming the returning of a product.
6.5 The payment for the returned product will be refunded to the Customer on first chance but no later than 30 days.
6.6 The product that is returned must be unused and unopened.
6.7 In order to return a product the Customer must send an appropriate notice to Progames.ee’s e-mail address [email protected] within 14 days since receiving the product.
6.8 The 14-day return policy is not applicable for:
6.8.1 products that are made to suit the Customer’s personal needs (in example – made by the Customer’s measurements);
6.8.2 audio or video recordings and computer software, once the package has been opened.
6.8.3 products which are delivered digitally (in example – music files, movies, digital codes, game keys, CD keys that have been delivered by email etc) and the Customer has agreed to and backed from his / her right to return these products.
6.8.4 gift cards containing an unique code that has already been used.
6.8.5 Progames.ee may consider a separate agreement with the Customer to put an incorrectly bought code back on sale for a maximum of 30 days in case the Customer has bought the code by mistake. A transfer fee of 1€ (euro) will be deducted from the refunded amount. The refund will be made once the product has been resold successfully and the new customer has no complaints regarding the product. If the product has not been sold withing 30 days then Progames.ee will remove the product from sale and the product will remain to the customer.
6.9 Progames.ee will leave itself the right to cancel the Customer’s order at any given time before completing it by letting the Customer know and refunding the full amount for the product to the Customer’s account.
6.10 Progames.ee will leave itself the right to cancel an order if it becomes apparent that because of extraordinary conditions it is not possible to sell the products. Customer’s payment will be refunded to the Customer without any delays. Possible extraordinary conditions:
• Computer or system error which cause the stock numbers or prices to show incorrectly
• Problems with delivery – ordered products are not arriving on time
7. REFUSING SERVICE
7.1 Progames.ee has a right to refuse offering service to individuals or organizations. Progames.ee may refuse to serve a Customer on the following reasons:
7.2 If the Customer tries to influence Progames.ee’s service by hacking, cracking, changing or in way damaging it. Progames.ee has a right to inform publicity about the Customer’s actions.
7.3 If it becomes apparent that the Customer has committed or intends to commit a crime in order to receive funds.
7.4 If a court prohibits serving the Customer.
7.5 If the Customer’s actions contradict in any way the tax system rules, law or good customs.
7.6 If the Customer has previous debts.
7.7 If the Customer intends to resell the products by using an active sales strategy.
8. RESPONSIBILITY AND FORCE MAJEURE
8.1 If any terms have been breached by Progames.ee then the current law and legal provisions will determine the amount of damage Progames.ee is responsible for.
8.2 If any terms have been breached by the Customer then the current law and legal provisions will determine the amount of damage the Customer is responsible for.
8.3 Neither Progames.ee nor the Customer is responsible for any damage nor will their actions be considered breaching the contract if an event occurs that no human foresight could anticipate or which, if anticipated, is too strong to be controlled (Force Majeure).
8.4 Progames.ee will not compensate the Customer any unused opportunities that may have arisen by changing delivery times, prices or any other terms.
9. FINAL TERMS
9.1 Progames.ee will not use the Customer’s personal details for anything else than to complete the Customer’s order. Progames.ee will not reveal the Customer’s personal details to any third parties, except to partners if it is necessary to complete an order and if the law requires to reveal the information.
9.2 Progames.ee leaves itself the right to send information about new products and offers to the Customer. The Customer has a right to ask for his / her details to be removed from Progames.ee’s database.
9.3 The legal relationship between the Customer and Progames.ee arising from using the website shall be subject to the legislation applicable in the Republic of Estonia.
9.4 The Customer and Progames.ee shall make every effort to settle the disputes arising from using the website by way of negotiations. In case of failing agreement by way of negotiations the dispute shall be settled at Harju County Court.