Terms and conditions of use

TERMS AND CONDITIONS OF USE

Of Skin-fair, on the www.skin-fair.com web address, operated by the Pixelmania, s.r.o., IN 079 79 118, address: Nové sady 988/2, 602 00 Brno

1. INTRODUCTORY PROVISIONS

1.1 Definition of selected terms

  • Steam – a system run by the third party (store.steampowered.com)
  • Service – an online Skin-fair platform, run by the operator on the web address that enables registration of users and provides a place to sell and buy goods
  • Operator – operator of the service (company Pixelmania, s.r.o., IN 079 79 118, address: Nové sady 988/2, 602 00 Brno)
  • Seller – a user who is interested in selling goods and placed goods up for sale on the web
  • Buyer – a user who is interested in buying the goods advertised on the web
  • Offer – an overview of the good advertised by the sellers in the Service
  • Goods – items that can be used in Steam and are meant to be sold via the Service
  • Transaction – the process of closing a purchase contract for goods between the seller and the buyer through the service
  • User – a person who, by creating a user account (registering at the service), has concluded a service usage agreement with the operator
  • Contract - contract for the use of the service concluded between the operator and the user within the registration process (creating a user account)

1.2 Nature of operating and usage conditions of the service 

1) Operator provides the service to the users as an online platform that enables the user to sell and purchase goods that can be used in Steam. The operator is entitled to commission for each transaction for providing the service.  

2) These terms and conditions of use are a part of a contract. A contract is concluded by opening a user account within the registration process. A user is presented with a full version of these terms and conditions during the registration process. A registration with the service is free of charge. 

3) Unless stated otherwise in the contract, the mutual rights and obligations of the service are regulated by the laws of the Czech Republic (especially the law number 89/2012 Sb., Civil Code)

2. GENERAL CONDITION OF SERVICE USAGE

2.1 Operator’s conditions

1) A service can be used only by a legally competent person who is at least 18 years old and registered user of the Steam service with a valid account. Users are forbidden to use the service as part of their business activities.

2) The operator can refuse a registration to anybody without a justification. There is no legal right to conclude a contract or use the service.

3) A user account may be canceled or restricted by the operator under the terms and conditions in this document.

4) Only a registered user can buy and/or sell good using the service. A sale or purchase of goods is forbidden without a user account (i.e. without registering with the service and concluding the service).

5) A user can only have one account associated with a given Steam account. A user is forbidden to create multiple accounts with the service that would be linked to the same Steam account. 

2.2 Goods

1) Only goods that can be used in Steam can be advertised in the service. Only goods that can be a used in Steam can be subjects of transaction in the service. 

2) The user is forbidden to trade goods which are the object or result of illegal conduct (e.g. obtained from illegal activities or obtained from funds from illegal activities) even if they comply with the conditions stated in paragraph 1).

3) The goods cannot violate the terms and conditions of Steam or any other third party. 

3. TRANSACTION

3.1 Sale and purchase of goods

1) By advertising the goods in the offer, the seller proposes to conclude a purchase contract to an unspecified group of persons.

2) The Purchase Agreement is concluded at the time buyer accepts seller’s proposal through the service without objections. The buyer is not allowed to accept the seller's proposal with deviations (e.g. with a counterproposal for setting a different purchase price, etc.)

3) When placing goods in a service’s offer, the seller transfers the goods to the operator in the form of a normal free transfer that Steam allows (Steam Gift) to the operator's Steam account. As part of this placement of goods the seller determines the sale price for which the goods are to be sold. Operator’s commission is determined as a percentage of the sale price. By placing the goods in the service’s offer, the seller agrees with this operator's commission.

4) The buyer accepts the conditions of sale by buying the goods. Upon the payment of the purchase price the goods are transferred to user’s Steam account from the service’s Steam account. The transaction is completed by payment for the goods and goods being transferred to buyer’s Steam account. The amount paid by the buyer is transferred to the seller less the commission and eventual fees (e.g. conversion rate).  

5) User acknowledges the Steam account used when registering for the service to be the account to which all his/her purchases will be transferred to (it is not possible to transfer the purchased goods to any other account than the one used while registering for the service). 

6) The operator is not responsible for the description of the good or for the goods as such. The operator is, however, allowed to change the description of the goods or/and modify/remove them from the offer in case of any copyright violations or if the goods or their offering are hateful, violent, racist, xenophobic, pornographic, or otherwise inappropriate.

7) The seller can remove the displayed goods from the offer at any time until the purchase contract is concluded with the buyer. In such a case (the goods being removed from the offer), the operator will transfer the goods back to the user in a form of a Steam Gift. 

3.2 Goods defects

1) If the goods are defective by the definition of the Civil Code, the operator is responsible for the goods in an extent defined in the Civil Code.  

2) If the good are otherwise defective or if the purchase contract for goods is terminated, the users agree that the operator's commission for the transaction is not refundable.

3.3 Payment Terms

1) The service accepts the following payment methods: online payment by the credit/debit card, PayPal, Revolut, bank transfer, or using Bitcoin. 

2) Buyers are not charged any transaction fees for the purchase. Sellers are charged sale commission by the operator. 

3) Withdrawals from the user account are subject to a charge. The fee amount depends on the concrete amount of the money to be withdrawn. User will be informed about the fees prior to the confirmation of the withdrawal. 

4. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

4.1 Users' rights and obligations

1) The user must not disclose his / her account access data to anyone, and must keep his / her information up to date.

2) Users are not authorized to use the software, scripts or similar mechanisms and measures that could interfere with the service function or could unreasonably burden the operator's servers and infrastructure in connection with the use of the service. Furthermore, users are not entitled to interfere with the service in any way, to change or block its content and in any way to interfere with the service.

3) The user is responsible for all content that he/she adds to the service (especially for flawlessness of the goods and information provided about the goods).

4.2 Protection of personal data

1) The Operator strictly respects the protection of personal data of users. The principles of personal data protection can be found in a standalone document at the website in the documents section.

4.3 User account restrictions

1) The Operator is entitled to remove or suspend the User's offer, or to limit or cancel the User's Account (to terminate the User Agreement) if the User has breached the Contract or Terms and Conditions, or if the User is suspected of any illicit behavior.

2) The operator is entitled to terminate the contract (cancel the user's account) or limit the user's account especially when the user:

  • provided false information during the registration,
  • has multiple accounts associated with one Steam account (then the operator can cancel all the user accounts),
  • uses the service as part of his/her business activities,
  • provides false, misleading or prohibited information about the goods,
  • is selling prohibited goods.

3) The user whose contract has been terminated by the operator is not be entitled to a new registration for the service, unless otherwise decided and explicitly allowed by the operator.

4) If a user has multiple user accounts associated with multiple Steam accounts (that is, in accordance with Article 2.1 (5) of these Terms) and if he / she commits such conduct for which the operator can cancel or restrict his / her account, the operator is entitled to cancel or restrict other (or all) user accounts on the service.

5. EXTRAJUDICIAL SETTLEMENTS OF CONSUMER DISPUTES

1) When a dispute arises between the operator of the service and a user who is in the position of a consumer in relation to the operator, the user is entitled to submit a proposal for extrajudicial settlement of the dispute to the Czech Trade Inspection Authority through the portal available at www.coi.cz. The Czech Trade Inspection Authority supervises compliance with the operator's obligations under Act No. 634/1992 Coll., Consumer Protection.

2) A proposal in accordance with the previous paragraph 5. 1) can be submitted no later than 1 year from the moment when the consumer first exercised his / her right of the dispute. The consumer has the right to initiate an extrajudicial dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

3) Paragraphs 1) and 2) do not apply to disputes between users. These disputes are settled by general courts without the operator's participation.

6. CONSUMER ARRANGEMENTS

1) The user, who is in the position of a consumer in relation to the operator, is entitled to withdraw from the contract without providing any reason within 14 days of the conclusion of the contract by a notification made to the operator electronically to the e-mail address info@skin-fair.com. To do this, the user can use the form available in the documents section of the web. By withdrawing from the contract, the relationships between the buyer and the seller do not cease to exist, as they are not the subject of this contract but are separate relationships (purchase contracts) between these users.

2) The contract with the operator is concluded for an indefinite period and can be terminated without notice period by an email to the operator electronically to the e-mail address info@skin-fair.com

3) A person who opens a user account (i.e. a future user), in the meaning of Section 1823 of the Civil Code, requests the operator to commence carrying out all the rights and obligation of the contract immediately after its conclusion (i.e. after the registration process is completed). If in the first 14 days from the conclusion of the contract the user uses the service (e.g. to buy goods or advertise goods in the offer), the user acknowledges that the service has already been provided by the operator and therefore the user is no longer entitled to withdraw from the contract within the meaning of Section 1837 (a) a) of the Civil Code.

7. FINAL ARRANGEMENTS 

1) The Operator is entitled to unilaterally change the terms and conditions to a reasonable extent, in particular due to changes in legal regulations, technological changes affecting, for example, communication with users or changes in the way the contract is concluded, changed, or terminated, but also due to the extension or changes of services provided by the Operator. The Operator is also entitled to change the Terms and Conditions if the market conditions or the business or license terms of the partners whose services are used by the Operator to provide the Services or any related service (e.g. the Terms and Conditions of the PayPal Operator's Partners will change) change. However, the new version of the Terms and Conditions will not be applied to transactions that have been made under the previous version of the Terms and Conditions. If the operator changes the terms and conditions, he is obliged to notify the user at least 14 days prior to the effective date of the new version of the Terms and Conditions. The notification will also include the wording of future new terms and conditions. The User is entitled to refuse changes to the Terms and Conditions and to terminate the Contract by a notification made to the Operator electronically to the e-mail address info@skin-fair.com. If the user does not refuse to accept the new  terms and conditions, it is understood that he / she accepted the new terms and conditions.

2) In the event of termination of the contract, the operator will return the goods to the user who had the goods in the offer at the moment of termination of the contract and transfer them free of charge to the Steam account in the form of a Steam Gift. This does not apply to goods for which there is reason to suspect that they have been the object or result of illegal conduct falling under the jurisdiction of law enforcement or administrative authorities dealing with offenses or a result of any illicit activity. In such a case, the operator is entitled to temporarily not return such goods and inform the law enforcement or administrative authorities and await their instructions.

3) The contract is governed by Czech law as the company operating the service is registered in the Czech Republic. In the event of a conflict between the Czech and English version of the Terms and Conditions, the Czech version of the Terms and Conditions shall apply.

4) Expiration or termination of the contract does not invalidate the right to compensation of damages or the provisions relating to those rights and obligations which imply that they should continue even after the termination / expiry of the contract.