(1) All offers and deliveries based on orders placed by customers via the provider’s online shop or otherwise are subject to these General Terms and Conditions.
(2) The provider shall provide a worldwide accessible brokerage platform. Via this platform, customers can purchase digital and virtual goods (hereinafter referred to as "Product") that can be used in games. The provider themselves does not make such products available, but places the customer order with third parties. A contract for the digital and virtual goods is thus concluded exclusively between the customer and the third party; the provider is not party to this contract. The services of the provider are free of charge for the customer, the provider receives a commission from the third party.
(3) Customer's terms and conditions shall not apply, even if the provider does not separately object to their validity in individual cases.
(4) The contracts with the customer completed on the German version of the provider’s website are completed in the German language. The contracts with the customer completed on the English version of the provider’s website are completed in the English language. The contracts with the customer completed on the Chinese language version of the provider‘s website are completed in the Chinese language.
(1) The customer can view various offers on the provider’s site. If the customer wishes to purchase such an offer, registration is required first. The registration takes place by the customer entering their e-mail address. The customer will then immediately receive a password from the provider. With e-mail address and password, the customer can then log in after selecting a product. The customer then sees again the selected product and the price to be paid. Before submitting the order, the customer can view the item details at any time (the zoom function of the Internet browser can be helpful for this) and change their input. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and data protection information by ticking the appropriate box and has thereby included them in his application. By completing the payment process, the customer makes a binding offer to purchase the selected product. The provider then places the order with a third party. The third party will accept the customer's order within 24 hours of placing the order at the latest by confirming the outcome of the contract to the customer or by delivering the desired product. The provider as intermediary has no influence on the contract between the third party and the customer. The third party itself is responsible for ensuring that the customer is sent the contract text by the third party on a durable data carrier (e-mail or paper printout) (confirmation of contract) at the latest upon delivery of the product - insofar as this is required by law.
(2) The contract text from the purchase agreement is stored under data protection.
(1) The delivery of the product will be performed through in-game player transactions. The provider offers two variants in this respect. Both possibilities are described in detail on the provider‘s page.
(2) During the player transaction, the customer can transfer the product to his account himself using the provider‘s automatic transaction system. The passing on of account data is not necessary. Delivery takes place within 1-3 hours after the first player has been hired on the transfer market.
(3) With Comfort Trade, a direct transfer of the coins from the provider‘s suppliers to the customer's account is available. For this option the customer provides his account including password and backup codes. The product delivery is a maximum of 12 hours after acceptance by one of the provider‘s suppliers.
(1) The prices indicated on the provider‘s site are final prices.
(2) The payment shall be made with discharging effect to Digital Gaming Network Limited which takes a commission from the provider and for the rest forwards the purchase price to the third party.
(3) Payment shall be made, at the customer's option, via PayPal, instant bank transfer (klarna) and regular bank transfer.
(1) The third party shall be liable to the customer in accordance with the statutory provisions. The provider is merely an intermediary. The following limitations of liability refer exclusively to the liability of the provider.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or other agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a claim for damages by the customer arising from injury to life, limb or health.
(4) The above exclusions and limitations of liability shall apply to the same extent in favor of the provider’s legal representatives, employees and other related agents.
(5) The restrictions of § 5 do not apply if the supplier has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act shall remain unaffected.
(1) When concluding a distance selling transaction, customers generally have a statutory right of revocation, about which the provider informs them in the following in accordance with the statutory model. It is expressly pointed out that the provider‘s service refers only to the mediation of a sales contract, a revocation has no effect on a possibly already concluded contract between the customer and third party. Paragraph (2) contains a model withdrawal form.
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Revocation Instruction |
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Right of Withdrawal |
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You have the right to revoke this contract within fourteen days without giving reasons. |
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The revocation period is fourteen days from the date of conclusion of the contract. |
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To exercise your right of withdrawal, you must notify us (Digital Gaming Network Limited, RM4, 16/F, Ho King Comm. Ctr., 2-16 Fayuen St., Mongkok Kowloon, Hong Kong, Tel: 00852-21376113 Fax: 00852-30771258, e-mail: info@mydgn.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached model withdrawal form, which is not mandatory. |
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In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. |
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Consequences of Revocation |
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If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no event will you be charged for this refund. |
(2) In accordance with the statutory provisions, the provider shall provide the following information on the model revocation form:
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Sample withdrawal form |
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(If you want to cancel the contract, please fill out this form and send it back.) |
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– Attn: Digital Gaming Network Limited, RM4, 16/F, Ho King Comm. Ctr., 2-16 Fayuen St., Mongkok Kowloon, Hong Kong, Fax: 00852-30771258, E-mail: info@mydgn.com – I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) – Ordered on (*)/received on (*) – Name(s) of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only for paper communication) – Date |
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(1) In this following section, the provider informs the customer about the collection of personal data for business transactions. Personal data is all data which are personally referable to the customer i.e. name, address, e-mail addresses, payment data and ordered product. Responsible according to Art. 4 para. 7 DS-GVO Digital Gaming Network Limited, RM4, 16/F, Ho King Comm. Ctr., 2-16 Fayuen St., Mongkok Kowloon, Hong Kong, Tel: 00852-21376113, info@mydgn.com.
(2) The customer data will be collected, stored and, if necessary, passed on by the provider as far as it is necessary in order to provide the contractual services. The collection, storage and transmission is therefore carried out for the purpose of fulfilling the contract and on the basis of Art. 6 Para. 1 S. 1 lit. b DS-GVO. Failure to provide this data may result in the contract not being able to be concluded. The provider mediates the conclusion of purchase contracts in accordance with the contract, and the provider passes on the customer’s e-mail address to the third party who concludes the purchase contract with the customer. In the case of direct transfer of coins to the customer, all access data will be passed on to the third party. The third party is usually a company in China. There is no adequacy decision by the Commission pursuant to Art. 45 (3) DS Block Exemption Regulation, nor has any guarantee been given within the meaning of Art. 46 DS Block Exemption Regulation. The transmission takes place on the basis of Art. 49 DS-GVO. The service provider has been carefully selected by and commissioned in writing and bound by the provider’s instructions. The service provider is checked by the provider on a regular basis. The service provider will not pass customer data on to anyone else but will delete it after fulfilment of the contract and the conclusion of statutory storage periods, unless the customer consented to further storage.
(3) The provider maintains current technical measures to ensure the protection of personal data. These will be adapted to the current state of the art.
(4) The customer has the right to request information from the provider at any time about the personal data the provider has stored about the customer (Art. 15 DS-GVO). This also concerns the recipients or categories of recipients to whom these data are disclosed and the purpose of the storage. In addition, the customer has the right to demand the correction under the conditions of Art. 16 DS-GVO and/or the deletion under the conditions of Art. 17 DS-GVO and/or the restriction of processing under the conditions of Art. 18 DS-GVO. Furthermore, under the conditions of Art. 20 DS-GVO, the customer may request data transmission at any time. Personal data will only be stored for as long as is necessary to achieve the respective purpose (this generally corresponds to the duration of the contract) or as long as there are legal storage periods. If personal data is processed for the performance of tasks in the public interest (Art. 6 para. 1 sentence 1 lit. e DS-GVO) or to safeguard legitimate interests (Art. 6 para. 1 sentence 1 lit. f DS-GVO), the customer may object to the processing of their personal data at any time with future effect. In the event of an objection, the provider shall refrain from any further processing of the customer’s data for the aforementioned purposes unless, - there are compelling grounds for processing worthy of protection which override the customer‘s interests, rights and freedoms, or - the processing is necessary for the assertion, exercise or defense of legal claims. The customer can object to the use of their data for the purpose of direct advertising at any time with effect for the future; this also applies to profiling in so far as it is connected with direct advertising. In the event of objection, the provider shall refrain from any further processing of the customer’s data for the purpose of direct marketing.
(5) The customer‘s payment will be made, as described in § 4, via the payment service PayPal. This payment service is responsible for the customer‘s payment data. Information on the responsible body of the payment service, the contact details of the data protection officers and the categories of personal data processed by the payment service can be found at the following Internet address:
PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg): https://www.paypal.com/de/webapps/mpp/ua/privacy-full
For payment by Bank Transfer: Klarna Bank AB (publ) Sveavägen 46 111 34 Stockholm Sweden: https://www.klarna.com/sofort/datenschutz/
When paying by Paysafecard: Payolution GmbH, Am Euro Platz 2, 1120 Vienna Austria: https://www.paysafe.com/de/paysafegroup/datenschutz/
(6) If the customer would like to contact the provider’s customer service via WhatsApp, please note that the connection between the customer and provider via WhatsApp is not encrypted, so sensitive information should not be shared. The provider will store the chat communication and customer phone number for 2 weeks for quality assurance unless the customer objects early. The legal basis for this is the pro legitimate interest within the meaning of Art. 6 para. 1 lit. f DS-GVO to answer the provider‘s enquiry and, if the customer‘s enquiry is aimed at the conclusion of a contract, Art. 6 para. 1 lit. b DS-GVO. The provider has no precise knowledge of how WhatsApp collects, processes, or uses customer information. For more information about WhatsApp's privacy practices, click here: WhatsApp Inc. Privacy Policy, 1601 Willow Road, Menlo Park, California 94025, United States of America https://www.whatsapp.com/legal?eea=0#privacy-policy-how-we-use-information WhatsApp has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework
(7) The collection, transmission or other processing of the customer's personal data for purposes other than those specified in this § 7 is not permitted.
(8) All requests for information, revocations or objections regarding data processing should be addressed to the contact data listed under paragraph 1. For further information, please refer to the complete text of the DS-GVO, which is available on the Internet, and the provider’s data protection declaration, which can be viewed on the Internet under http://mrgeek.net/pages/privacy. Furthermore, the customer has the possibility to complain to the responsible supervisory authority about data protection issues.
(1) If the order is placed via the German version of the provider’s website, the brokerage agreement existing between the provider and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods; in cases of orders placed via our English-language or Chinese-language version of the provider’s website, Hong Kong law shall apply. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer has his usual stay as a consumer, remain unaffected.
(2) If the customer is a merchant as defined by the German Commercial Code or if they are a legal entity under public law or a special fund under public law they are subject to the provisions of Section 1 (1) of the German Commercial Code (HGB), the courts responsible for Mongkok Kowloon, Hong Kong shall have exclusive jurisdiction over all disputes arising out of or in connection with the contractual relationship in question. In all other cases, the provider or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions