Terms of Service for Stores

Contents:

These Terms of Service for Stores define the conditions you need to accept to use Stores on our Website, available at the address: gamefound.com (“Website”). By accepting the Terms of Service for Stores, you undertake to comply with them. 

The Website is operated by Gamefound Sp. z o.o. with its registered office in Wrocław (50-127) at the following address: ul. św. Mikołaja 58, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, VIth Commercial Department of the National Court Register under KRS number 0000778227, holder of Business entity statistical number (REGON): 382893080, Polish taxpayer’s identification number (NIP): 8971865043, holder of share capital in the amount of 84 250.00 PLN („Gamefound”).

You can contact us via e-mail address: help@gamefound.com.

Agreement means a contract for providing specific services between a User and Gamefound via the Website based on the Terms of Service for Stores and the other arrangements made between the Parties – if applicable.

Buyer is an User taking steps to purchase or purchasing Goods in the Store on a Website.

Consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.

Goods mean items, services or rights that are the subject of the Offer.

Offer means a proposal to conclude a contract for the sale of Goods on the terms specified by the Seller, particularly including the price and description of the offered Goods, through the functionalities available on the Website. 

Order is an offer submitted by the Buyer to the Seller, constituting a declaration of will to conclude a Sales Agreement. The order should specify at least one product to which the contract applies and other necessary data indicated at the stage of placing the order. Only the confirmation of the execution of the Order by the Seller for a given product is the moment of concluding the Sales Contract for this product.

Pre-order means a formula for offering for sale new Goods that have not yet been premiered or are out of stock and where the next series has not yet been released. 

Seller means a User taking actions aimed at selling or selling Goods in the Store on a Website as part of the Offer.

Sales contract means a sales contract within the meaning of the provisions of the Civil Code concluded remotely between the Buyer and the Seller, the content of which consists of the Order and Terms of Service for Stores and to which the Privacy Policy and additional formal consents expressed by the Buyer apply.

Service means any services made available to Users on the Website after they have created an account, in particular services provided electronically by Gamefound based on the Agreement and Terms of Service for Stores, the service to create a store on the Website or to purchase Goods. 

Store means a separate place on the Website where the Seller offers Goods to Buyers, under the terms set out in these Terms of Service for Stores.

User means a person who is an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality, which the law recognizes as having legal capacity, that sets up an account on the Website and concludes the Agreement. The user may be a natural person without full legal capacity after obtaining the consent of the legal representative. Gamefound is not responsible for the actions and effects of the actions of persons referred to in the sentence above if they acted without the consent of their legal representative.

Website means the site available at the address https://gamefound.com/.

All of the above definitions can be used in the singular or plural form (if applicable).

By using Website as a Store, the User has to have an active personal account and agree to the Gamefound Terms of Service and TOSFS. Accepting the TOSFS and successful completion of the onboarding process (applicable to the Sellers) means concluding the Agreement between Gamefound and the User, which enables the User to use the Service - functionalities intended for the User on the Website. These Service in regard to Stores include the following:

Before the Seller  is allowed to create a Store on the Website and to make an Offer, the Seller has to have an active User’s account and agree to the Gamefound Terms of Service and these Gamefound Terms of Service for Stores. 

 

To be able to create a Store, the Seller must successfully complete the onboarding process. For this purpose, the Seller must complete the appropriate form, providing the required data (including but not limited to: name and contact details, the Seller’s headquarter or place of residence which must be located in a country on the list of countries supported by Gamefound’s Payment Processing Partner, which can be found here, currencies, etc.) and presenting the appropriate documents. Gamefound and its payment processing partner shall verify the Seller’s data, business model, owners as well as the person representing the Seller. In order to allow Gamefound to complete onboarding procedure, the Seller may need to upload the following documents:

All of the documents indicated above may need to be presented in English or Polish. Gamefound may require the Seller to provide a sworn translations of the documents if the originals are in any other language.

In order to comply with tax regulations in some jurisdictions, Gamefound may require the Seller to provide information or plan on the shipping, including a description of the Goods path from a manufacturing site or a warehouse to the Backers. This may include the details of countries of importation, domicile of logistics hubs that the Seller is partnering with, or any other information that may be required to properly account for taxes. The Seller undertakes to provide accurate information, as well as to update Gamefound on any changes after the information has been provided.

By providing the documents indicated above, the Seller is aware of and accepts Gamefound’s right to share them with Gamefound’s payment partner. 

To create and use a Store on the Website, the Seller is also obliged to undergo the Gamefound payment partner’s onboarding procedure, during which it may be required to provide various types of data to verify the Seller’s identity. The onboarding procedure is based on the rules specified individually by Gamefound’s payment processing partner and made available to the Seller, in particular, it will be necessary to accept the payment processing partner’s terms and conditions. On the date this TOSFS came into force, Gamefound’s payment processing partner is Adyen: https://adyen.com/. If the verification fails, Gamefound will deny the Seller the opportunity to create and use the Store on the Website.

Regardless of obtaining positive verification from Gamefound’s payment processing partner, Gamefound may refuse to start the Seller’s Store on the Website if the Seller's risk assessment is negative. Gamefound risk assessment is based in particular on Seller’s past experience and exposure to the Users resulting from not-yet-delivered Rewards or Goods.

Gamefound may at any time require the Seller to provide other information (e.g., primary address, date and place of birth, business registration number, Taxpayer Identification Number, VAT identification number, the existence of any permanent establishment in the European Union) and documents (e.g., tax residence certificate) needed to fulfill Gamefound’s obligations related to tax reporting, including but not limited to reporting obligations arising from the provisions of the Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation and the provisions implementing the directive.

All rules regarding prohibited and illegal content and Goods are described in detail in Terms of Service Section 5 Combating Illegal Content and Restrictions on Use of the Website available here.

Users are entitled to use the Store only in a lawful manner, consistent with the Gamefound Terms of Service, applicable law, social coexistence, and respecting Gamefound content policy.

The Sellers undertake not to offer goods in Stores that violate applicable law (including the provisions of any foreign law that may apply in a given case) or the rights of third parties, in particular copyrights and other intellectual property rights, as well as which exposure may be considered as violating good manners. The Seller may not sell the goods in a given country or undertake any activities related to sales in that country if it is inconsistent with the applicable legal provisions in force in that country.

Gamefound does not conduct prior or automated identification and verification of illegal content and any decisions by Gamefound aimed at combating illegal or inappropriate content are made after receiving information about their occurrence.

If you identify illegal content or illegal activity on our Website, you have the right to report it to us electronically by using the appropriate form available here. In the event of often obviously unfounded reports, Gamefound has the right, after unsuccessful warning, suspend consideration of reports and complaints for a period up to 12 months.  

In the event that the User violates any generally applicable law, Terms of Service or TOSFS, Gamefound is entitled, to warn the User. Issuing a warning to the User constitutes information for the User that in the event of further violation of the provisions of TOSC, TOSFS or any applicable law, Gamefound may limit the User’s rights to use certain functionalities or suspend the User’s account. Notwithstanding the above, Gamefound may, without prior notice, edit, remove or other way prevent access to the content that violates the abovementioned provisions. 

In some cases, in particular in the event of gross violation of applicable law, Terms of Service or TOSFS, Gamefound has the right to limit or block access to the Website for the User by suspending the ability to publish content on the Website, denying publication of the Offer, removing the Offer (or some Goods) from the Website or other way preventing the sale of Goods, or by limit the User’s access to certain functionalities, suspending or deleting the User’s account. 

Gamefound will immediately inform the User concerned, about the restrictions applied to the User, including moderating the content on the Platform as well as about suspension or deletion of the account, and will provide the justification for the decision and its legal basis. The User may appeal against Gamefound’s decision by using the contact form, which can be found here. The appeal may be submitted within 6 months of Gamefound informing the User about the decision. 

After successfully completing the onboarding procedure, the Seller may submit an Offer. By submitting the Offer the Seller declares that he/she is entitled and has the ability to conclude and perform the contract with the Buyer.

The information contained in the Offer may only concern its subject matter. By including information and data in the Offer, the Seller declares that he is authorized to include it in the Offer, and undertakes that use of this information and data within Website does not infringe the rights of third parties. The Seller is liable for the truthfulness of the declaration and obligation referred to in the preceding sentence. The Seller will release Gamefound from any liability resulting from making an untrue statement or from failure to perform or improper performance of this obligation. 

The content of the Offer should be reliable and complete and cannot mislead other Users, in particular as to the properties of the Goods, such as: their condition, parameters, quality, origin, brand or manufacturer. The content of the Offer should comply with legal requirements, in particular contain information resulting from applicable provisions on the protection of consumer rights, and may not suggest the use of the Goods in a manner that violates applicable provisions of law. The Offer description cannot contain any content that is inconsistent with applicable law,  Gamefound Terms of Service and/or these Terms of Service for Stores. The Seller is fully responsible for the content the Seller posts in the Offer, including any errors or inaccuracies. The offer also constitutes commercial information within the meaning of polish Civil Code.

The Seller shall only use the Website in the pursuit of selling his own Goods or Goods to which he is entitled to sell under a given legal title. The estimated time of shipping the product to the Buyer may not exceed 30 calendar days from the date of conclusion the Sales Contract.  The above does not apply to Pre-Orders. The Seller is obliged to indicate in the Offer the expected delivery date of product. 

The Seller cannot effectively change unilaterally the content of the Offer in relation to the Buyer with whom he concluded a Sales Contract as a part of the Offer without the Buyers’ consent. 

Gamefound reserves the right to update the Seller's data from time to time or to request additional information regarding the Offer and Goods. 

In order to conclude a Sales Contract in the Store, the Buyer must first correctly place an Order for the Goods he/she wants to buy. 

Sales Contract is concluded between the Seller and the Buyer and Gamefound is not a party to this contract and does not guarantee that the Seller and the Buyer are entitled to conclude and perform the contract. Confirmation of the placing an Order between the Buyer and the Seller is sent automatically via e-mail (or optionally via other means of electronic communication) and is for information purposes only.

The conclusion of a Sales Contract by Users whose registered office or place of habitual residence is in different countries may result in the relevant provisions of foreign law being applicable to the transaction, the compliance of which is the Seller’s responsibility. 

Responsibility for all matters related to shipping, delivery, returns, warranty for any defects of ordered Goods stays with the Seller. However, at the Buyer’s request, Gamefound may support the Buyer in contact with the Seller.

Seller should inform the Buyer who is a Consumer about the consumer’s rights and is responsible for the implementation of these rights.

Selling Goods in Stores to Consumers (including a sole entrepreneur who has a status of a consumer) in accordance with European Union regulations involves in some cases their right to withdraw from a contract concluded remotely by electronic means without stating the reason. The withdrawal period for the contract concluded remotely is 14 days from the date of its conclusion but not later than 14 days from Goods’ delivery while to comply with this term, it is enough to send a relevant statement directly to the Seller. If the Buyer who is a Consumer (including a sole entrepreneur who has a status of a consumer) exercise the above right, the Seller will be obliged to refund full amount incurred by the Buyer in connection with purchasing Goods, provided that if the Buyer has chosen a delivery method other than the cheapest, usual method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred. The Buyer bears the cost of returning the Goods, unless the Parties to the Sale Contract have agreed otherwise. 

In the event of exercising the right to withdraw from the Sales Contract, the Consumer is obliged to return the Goods to the Seller or had them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from Sales Contract, unless the Seller offered to pick up the Goods himself. To meet the deadline, it is enough to send the Goods before the deadline expires.

The Seller, subject to the exceptions provided for in the Consumer Rights Act, should return to the Buyer all payments made by the Buyer within 14 days from the date of receipt of the declaration of withdrawal from the Sales Contract. If the Seller has not offered to collect the Goods from Consumer, he may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Consumer provides the proof of sending them back, depending on which event occurs first. 

There are cases in which the Buyer is not entitled to withdraw from the Sales Contract and these cases are specified in Art. 38 of the Consumer Rights Act. In particular, this right does not apply to the Sales Contract:

The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Contract. If it is found to be inconsistent with the contract, the Buyer has the right to submit a complaint directly to the Seller. Complaints about products from Sellers are handled directly by Sellers and they are responsible for making decisions as Gamefound is not a party to the Sales Contract. Although Gamefound does not consider Goods complaints, the Buyers can count on our support in the complaint process if the Buyer has trouble reaching the Seller. 

The payment procedure is based on the rules specified individually by Gamefound’s payment partner and made available to the User here. 

The Buyer can check out the payment methods available in the Stores at the moment of concluding the Sales Contract in here, and at the checkout before placing the Order.

The payment methods available for a given Order may depend on the Buyer’s place of residence or transaction currency. In case of some technical problems the payments methods might be limited. The payment methods available for a given Order are indicated each time the Order is placed.

Creating an account on the Website is free for the User, however some services may be subject to fees. The User will be informed of a need to pay fees in advance before using such service on the Website. 

Gamefound does not collect fees from the Seller for publishing the Offer but charges the Seller a sales commission on each payment transaction made through Gamefound in a specified percentage of the final value of the purchased Goods. The Seller acknowledges that, except for Gamefound’s commission they will be also charged the payment processing fee. Up to date fee rates can be found here. Gamefound and its payment partners will deduct all the fees before transmitting funds to the Seller. Gamefound fees and payment processing costs are non-refundable. The Seller is responsible for paying any additional fees or taxes associated with their use of the Website. The Seller agrees to receive invoices electronically. 

In the event of the circumstances excluding the possibility of transmitting the funds to the Seller (e.g., in the event of the Seller's bankruptcy or death), Gamefound shall not make any transfers until the decisions or judgments of competent authorities presented to Gamefound are verified, which will result in the possibility of transmitting funds to the Seller or a third party.

Using Stores as a Buyer is free, however, the Buyer acknowledges that he may be charged fees by other entities such as e.g., the bank processing the payment of the Buyer or the payment operator, e.g., for the currency conversion. The Buyer fully and only responsible for paying any additional fees or taxes associated with his use of Gamefound Services.

When using Gamefound currency conversion, the Buyer acknowledges that fees for such services are expressed as a percentage that is in excess of the exchange rates of the European Central Bank (ECB).

You can read more about Gamefound currency conversion and current fees here.

Gamefound provides Users with an online Platform and its functionalities enabling the conclusion and implementation of the contract between Users, on the terms described herein. None of the functionalities should be equated with the knowledge of the content provided by Users. The Users are fully liable for all the content that they post on the Website. Gamefound is legally not liable for such content, however, in the event of non-compliance of the content with the law, or Terms of Service, or TOSFS, Gamefound will take actions described above in sec. 4 to detect and remove such content. 

Gamefound is not liable for the behavior of Users within the Website or for the improper performance or non-performance of contracts concluded between Users on Website, as well as is not liable for quality, safety or legality of the Goods sold on the Website, the ability of Sellers to sell, the solvency of Buyers and the truthfulness and reliability of information provided/transmitted by Users.

Gamefound is not liable for the proper settlement and discharge of tax liabilities by the Seller. The Services provided by Gamefound are for illustrative purposes only and are not intended as a substitute for legal or tax advice for the Seller. The Seller is obliged to calculate and pay all public and legal receivables required by law.

Gamefound may require the Seller to provide security for potential refund or chargeback liabilities. The security can be provided in the form of enabling Gamefound to charge the credit card of the Seller, cash, or other form requested by Gamefound. 

By placing any content in the Store, in particular, graphics, comments, opinions, or statements, the User grants Gamefound a non-exclusive, free, perpetual, irrevocable, sublicensable, license to unfettered and unlimited use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights in the widest possible scope allowing to properly and effectively perform our Services, in particular in the followings fields of exploitation: 

Moreover, Gamefound is entitled to use information about the Seller for commercial purposes, without any limitations, in the full scope of its business activities and even after the termination of providing the Services, for the next 5 years. Gamefound is entitled to publish above mentioned information on the Website for advertising purposes.  

The materials published by the Users on the Website, including the content of the Offer, may not infringe the rights of other Users or third parties, including those resulting from the Act on Copyright and Related Rights or the Industrial Property Act.

A copyright infringement can be reported in accordance with Terms of Service Section 5 Combating Illegal Content and Restrictions on Use on the Website, using the appropriate form available here.  

In the event that a third party or another User reports any legitimate claims against Gamefound for infringement of that person's rights as a result of the Seller’s actions, including intellectual property rights to the materials posted on the Website, the Seller, who is the subject of the notification undertakes to conduct the application at his own expense and risk any legal steps ensuring due protection of Gamefound against such claims. In particular, the Seller undertakes to replace Gamefound, or, failing that, to join Gamefound in any proceedings against Gamefound, and undertakes to compensate Gamefound for all costs incurred by Gamefound, in particular, the costs of legal assistance and costs which it will be obliged to pay to a third party or another User in connection with a legitimate claim or court action for infringement of the subject of intellectual property rights - on the basis of a court judgment or settlement of the parties to court proceedings concluded with the Seller's participation.

The TOSFS is an integral part of the Terms of Services and applies to Services related to the User. All capitalized words and definitions have the meaning given to them in the Gamefound Terms of Service unless expressly stated otherwise in the TOSFS. In case of discrepancies between the Gamefound Terms of Service and the TOSFS, the TOSFS shall prevail.