Seller Terms

1 Acceptance Of Terms

1.1 These provisions set out the terms and conditions ("Terms") on which you (the "Seller/Vendor", “you” and "your") or the entity you represent may become a vendor in EuroGames markerplace ("Site") to sell products (Digital or Physical goods) which must not be Prohibited Products (as defined in Schedule 2) ("Products") to customers of the Site ("Customers").

1.2 Your use of the Site is governed by these Term and by Standard terms and conditions together with any other documents referred to in these Terms. Please take the time to read these documents, as they include important terms which apply to you.

2 About Us

2.1 The Site is owned by Tradeto Ltd trading as EuroGames ("EuroGames", "us", "we" and "our"). We are registered in Jersey and with our registered office address at 1st Floor, Units 4 and 5, Oriel House, York Lane, please see our Contact Us page.

3 Overview Of Roles

3.1 EuroGames allows Sellers to list and sell their Products on the Site contracting on terms which include, as a minimum, the EuroGames T&Cs. Please note that although EuroGames facilitates the transactions which are carried out through the Site, EuroGames is neither a buyer nor a seller of the Products and does not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Products.

3.2 Where a Customer orders a Product through the Site, the contract is formed solely between the Seller and the Customer at the completion of the sale (“Contract”). A Contract will comprise the Seller’s terms (which include, as a minimum, the EuroGames T&Cs), the email confirmation of the Customer's order and the information on the Seller's shop ("Seller's Shop"). EuroGames is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is EuroGames acting as the Seller's agent.

3.3 The Terms (and the documents referred to in them) may be updated from time to time. EuroGames will give the Seller prior written notice of such changes but please check these Terms every time you wish to use our Site to ensure you understand the Terms that apply at that time.

3.4 Seller details are displayed on the Site on the Seller's Shop (linked to from the Product pages).

4 Process

4.1 During the registration process the Seller will be redirected to PayPal portal to undertake KYC (Know your Customer) process. We at EuroGames are regulated by PayPal’s marketplace onboarding system, and therefore all vendor registration will be approved by PayPal. If PayPal decline your onboarding registration, EuroGames will not be able to override their decision under any circumstance.

4.2 Once the Seller has successfully completed the onboarding process, the Seller will be given their own dedicated log in to the so called Seller Portal ‘PP’. There the Seller can upload, update and review detailed Listing Information (as defined in clause 7.1.6) for its Products (photos, text, shipping methods etc).

4.3 The Seller will then be able to either create a new Listing (as defined in clause 7.1.6) or use an existing Listing to list their Products.

4.4 EuroGames may restrict the Seller's access to the SP in the following circumstances:

4.4.1 if the Seller fails to dispatch orders and Customer having made reasonable attempts to contact the Seller, notifies EuroGames of no response from seller ;

4.4.2 if EuroGames, having made reasonable attempts to contact the Seller, otherwise believes that the Seller is inactive;

4.4.3 if EuroGames has reasonable grounds to believe that the Seller is using the Site to sell counterfeit goods or is otherwise infringing the intellectual property or proprietary rights of any third party;

4.5.4 if the Seller has a high rate of cancellations or refunds or is failing to deal with Customers’ queries or complaints;

4.5.5 if there are other issues with the Seller’s listings which EuroGames believes could give rise to issues with Customers; or

4.5.6 pursuant to clause 9.4,

in which case the Seller will only have access that enables the Seller to view and manage current orders, mark orders as dispatched and handle Customer feedback ("Restricted Access"). Whilst a Seller has Restricted Access, its Listings will not be visible to Customers and Customers will not be able to place orders with the Seller.

4.6 When payment is made by a Customer, the funds less EuroGames’ commission will be paid straight to the Seller's PayPal payment account in accordance with PayPal’s terms and conditions. The funds are generally placed on ‘’Hold” for 14 days to allow Seller to dispatch / Issue product Key if digital order to the Customer and updates the order status to “dispatched”, this also takes into account if any dispute is raised within the 14 days.

4.7 All disputes will need to be resolved directly between the customer and vendor. The customer can also raise dispute via PayPal using the resolution centre.

5 Seller fees

5.1 Marketplace commission

5.1.1 Every Seller is required to pay Commission on every order sold based on percentage agreed as part of the onboarding Terms and conditions

5.1.2 The commission will be applied on the total amount of the sale (which includes the item price, postage, taxes and any other applicable amount). Refer to schedule 2

5.1.3 All Sellers will have access to EuroGames's Priority Support Team, who will support them with questions and advice relating to selling on EuroGames.

6 Seller Commitments And Order Processing

6.1 In signing up to these Terms, the Seller commits to:

6.1.1 sell Products on terms which include, as a minimum, the EuroGames T&Cs;

6.1.2 be solely responsible and bear all risk and liability for sourcing, storing, selling and delivering the Products to the Customers using reasonable skill and care;

6.1.3 take responsibility for the accuracy and detail of all Product information (including Product descriptions, images, measurements, condition and any other supplementary information about the Products) as well as the price which the Products are sold at ("Product Sale Price") along with stock value (the total amount of stock that Seller has available for EuroGames Customers to purchase) and the Seller's SKU (Stock keeping Unit) of the product (“Listing Information”), ensuring that this information is detailed in a listing on the SP ("Listing"). You agree that you are responsible for the accuracy of the information provided in a Listing whether you are creating the Listing or using an existing Listing;

6.1.4 promptly notify EuroGames of any inaccuracy in any Listing and how the inaccuracy should be corrected, and use all reasonable endeavours to resolve promptly any Customer complaints arising from any such inaccuracy;

6.1.5 indemnify EuroGames against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by EuroGames arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the Products sold on the Site or Listing Information;

6.1.6 ensure that it does not misrepresent the origin of the Products through any description made of the Products via the SP whether contained in a Listing or otherwise;

6.1.7 ensure that all postage costs and additional postage costs displayed through the Site are accurate;

6.1.8 ensure the Products are of satisfactory quality;

6.1.9 ensure the photographic quality of the Products is high and have a white background colour where possible. We recommend using professional photographs but this is not essential;

6.1.10 ensure that the Seller updates the SP with all periods of holiday ("Seller's Holiday Period");

6.1.11 use reasonable endeavours to respond to order enquires with EuroGames or Customers in a timely manner (immediately if possible, at least within 1 Working Day) unless made during the Seller's Holiday Period;

6.1.12 ensure that they keep up to date with the SP on a daily basis, tracking orders, updating dispatches and orders and responding promptly to Customers requesting a return or raising a Dispute unless made during the Seller's Holiday Period;

6.1.13 ensure stock levels are accurate in all material respects (and available);

6.1.14 prepare a suitable invoice for each order and ensure that this is sent to the Customer when requested;

6.1.15 ensure that where a Product should not be sold to Customers under a certain age, that the minimum age for that Product is correctly entered into the SP (where applicable);

6.1.16 indemnify EuroGames against all liabilities, costs, claims, actions, proceedings, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by EuroGames arising out of or in connection with any claims related to a breach of clause

6.1.17 refrain from selling any Prohibited Products (as detailed in Schedule 2);

6.1.18 refrain from uploading offensive or nude images or material or otherwise breaching EuroGames's Terms of Website Use;

6.1.19 indemnify EuroGames against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by EuroGames arising out of or in connection with any claims related to a breach of clauses 6.1.20 or 7.1.21;

6.1.20 refrain from using the Site as an advertising portal, other than in listing the Products which you are selling and permitted to sell under these Terms;

6.1.21 ensure any issues that the Seller wishes to raise with EuroGames with regards to the Site are communicated to EuroGames via a support ticket in EuroGames’s Support Centre or, if the Support Centre is not working by email support@EuroGames.com;

6.1.22 refrain from selling products which infringe the intellectual property or proprietary rights of any third party.

 

6.2 Promotion of the Seller's own website

6.2.1 The Seller may not include a link to, or otherwise provide the address of, or promote, its (or any third party's) website on the SP, any Product or Listing on the Site, in orders shipped that were placed by the Customer on EuroGames, or in any other means of communication with the Customer.

6.2.2 The Seller may not bid on EuroGames's name, or variations of the EuroGames brand or domain name or brand name, on Google or any other search engines, or any paid search sites.

6.2.4 The Seller acknowledges and accepts that 'EuroGames' is a registered trade mark of Tradeto Ltd and no rights or licences are granted to any Seller in this respect.

6.2.5 The Seller may not send promotional emails or catalogues or other promotional material to Customers introduced to the Seller by EuroGames, other than those which are branded solely as from EuroGames or to discuss an order placed on the EuroGames Site.

6.3 Security

6.3.1 The Seller shall be solely responsible for procuring, maintaining and securing its network connections and telecommunications links at its own cost.

6.3.2 The Seller shall use its own virus protection software and shall not knowingly access, store, distribute or transmit any viruses or knowingly introduce or permit the introduction of any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful during the course of its use of the Site.

6.3.3 The Seller must ensure its username and password logins are kept safe and not accessed by any other party. If these details are lost or the Seller becomes aware that they have been accessed by any other party the Seller must contact EuroGames immediately via the Site for new passwords.

6.4 Pricing and Order Processing Information

6.4.1 Product Sale Prices should be inclusive of any applicable taxes and will be deemed to be so (if applicable to the Seller and such applicability is to be solely determined by the Seller and not the responsibility of EuroGames);

6.4.2 The Seller acknowledges and accepts that:

6.4.2.2 where the Seller has updated the price of a Product or Products, the updated price may take up to 2 hours to display on the Site; and

6.4.2.3 where the packaging and postage costs were not correctly inputted into the SP, the Seller has no right to pursue the Customer for additional payments once the Customer has placed the order.

6.4.3 Product Sale Prices can be added to the Site using the SP.

6.4.4 Once the Seller has received an order through the SP the Seller may accept the order (see clauses 7.4.6 and 7.4.7) and if it does:

6.4.4.1 is obliged to fulfil and dispatch the Customer order for Digital Keys instantly and for physical goods within timescales indicated on the sellers T&Cs for dispatch times.

6.4.4.1.1 Orders must be dispatched within the Seller's Handling Time, which has to be clearly accessible for customers to view.

6.5 The Seller acknowledges and agrees that EuroGames reserves the right to hold payment to the seller if the seller doesn't meet the Timeframes for handling orders as detailed above.

6.5.2 The Seller must include with all orders the appropriate invoice (if requested by the Customer).

6.5.3 The Seller must not include any other materials (other than packaging) with the package or order delivered to the Customer which are likely to have a commercially detrimental effect on EuroGames, the Site or the EuroGames brand.

6.6 Returns and Refunds

6.6.1 the Customer may request to cancel, return or obtain a refund in relation to the Products ordered under following circumstances:

6.6.4.1 "14 Days change of mind" means a Physical goods that is capable of return which have not been opened and are still in mint condition.

6.6.4.2 "Cancellation" means a Customer’s request to cancel a Physical order that has not been shipped out

6.6.4.3 "Dispute" means a dispute raised by a Customer if a Product is faulty, mis-described, damaged, not delivered or not delivered on time.

6.6.4.4 “Received Damaged” Phyiscal goods received damaged will entitle customer to request the goods to be collected at Sellers cost and issue a full refund

6.6.4.5 ‘Digital Products’ When purchasing download or digital content, customers waive their rights to a 14-day cooling-off period. As such, you hereby acknowledge that once you redeem the digital key you will lose your right to cancel and refund.

6.6.8.3 the Seller shall process any refund due to the Customer as soon as possible (usually within 3 Working Days) and in any case no later than 14 days from the date on which the Seller receives the Product back from the Customer.

6.6.12 The Seller shall ensure that when selling on the Site, a returns address within the primary country of the Site is clearly provided on the Seller Shop to which a Customer may return a Cancellable Product. Alternatively the Seller shall:

6.6.12.1 provide the Customer with either (i) a pre-paid returns label to return a Cancellable Product or (ii) a refund without requesting the Cancellable Product must be returned; or

6.6.12.2 arrange for collection of the Product at the Seller’s cost.

6.7 Payment

6.7.1 Payments for Products sold on the Site shall be made directly to Vendor by PayPal less EuroGames Commission. Transactions shall be paid at set intervals stated during onboarding process.

7 Limitation Of Liability And Indemnity

7.1 Nothing in these Terms shall limit or exclude our liability:

7.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or

7.1.2 fraud or fraudulent misrepresentation;

7.2 Subject to clause 7.1:

7.2.1 we shall not be liable to you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any loss of profit, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or contracts, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and

7.2.2 our total aggregate liability to you arising under or in connection with the sale of the Products to the Customers and these Terms, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall not exceed the total amount in Monthly Subscription Fees that you have paid to us in the 12 months immediately preceding the date on which the claim arose; and

7.2.3 we assume no liability in relation to the Products. It is your responsibility to take out the relevant insurance necessary to cover the cost of the Products you are supplying to Customers in the event that they are lost or damaged in transit.

7.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

7.4 The Seller shall indemnify and hold EuroGames harmless against all liabilities, claims, actions, proceedings, expenses, damages, losses and costs (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller's use of the Site.

7.5 From time to time, it will be necessary for EuroGames to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times which are least likely to inconvenience our Sellers and Customers, and we will always try to notify Sellers of any planned maintenance, we shall have no liability to you for loss of profits or any other losses caused by maintenance carried out on the Site or downtime of the Site.

8 Termination

8.1 Without limiting each party’s other rights or remedies available to it, each party may terminate the Seller’s membership of the Site with immediate effect by giving written notice to the other party if:

8.1.2 the other party commits a material breach of any other terms of these Terms which breach is irremediable or (if such breach is remediable) fail to remedy that breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

8.1.3 the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with having the intention or ability to give effect to these Terms;

8.1.6 the other party takes any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring in such manner that the company resulting from the restructuring effectively agrees to be bound by or to assume the obligations imposed on it under these Terms), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring in such manner that the company resulting from the restructuring effectively agrees to be bound by or to assume the obligations imposed on it under these Terms), having a receiver or administrative receiver appointed to or a creditor or encumbrancer taking possession of any of its assets or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

8.1.7 the other party suspends or ceases, or threatens to suspend or cease, to carry all or a substantial part of its business.

8.2.2 terminate your membership of the Site by giving you 30 days’ written notice.

8.3 Without limiting your other rights or remedies, you shall have the right to terminate your membership of the Site by giving us 30 days’ written notice in writing or email.

8.4 Without limiting our other rights or remedies, we shall have the right to immediately suspend your access or grant you only Restricted Access to the SP if you commit a material breach of clause 7 or any other provision of these Terms and, in the case of a breach which is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.

9 Confidentiality

9.1 EuroGames will take all precautions to securely store all of the Seller's Product and business information and will not share this with any third party, unless specific permission is granted by the Seller.

9.2 Neither party will disclose any details of the other party’s correspondence or operations (including the operations of the SP and marketing plans) to any third parties, except its group companies and employees, workers, consultants, agents or representatives that have a genuine need to know that information in connection with the implementation of these Terms (“Permitted Recipients”) provided that the disclosing party informs those Permitted Recipients of the confidential nature of the information before it is disclosed and procures that those Permitted Recipients comply with the obligations if they were the disclosing party. The disclosing party shall be liable for the actions or omissions of the Permitted Recipients as if they were the actions or omissions of the disclosing party.

 

10 Law And Jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by Jersey law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Jersey.

 

 

Schedule 1

Fees

Selling Fees

EuroGames charges a commission on orders depending upon below tiers:

 

Tiers:	Fee
First Month (30 days from sign up) promotional offer	0%
After 30 days	5%
Sales Turnover: greater than £1M	4%

 

EuroGames selling fees are set at a minimum of 1p (1 penny) per product. If, for any reason, the selling fees work out to be less than this amount, the Seller will be charged 1p regardless.

EuroGames may discount Selling Fees for the purposes of marketing to incentivise new vendors upon registration for limited period.

 

 

 

Schedule 2

Prohibited Products

If a product is defined as a Prohibited Product by PayPal, it must not be sold on the Site.

You can consult which Products violate PayPal's Acceptable Use Policy here: https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full