Premium Terms and Conditions

II. PRE-CONTRACTUAL INFORMATION

1. The provider hereby states that:

• the costs of means of distance communication do not differ from the basic rate (in the case of internet and telephone connection, in accordance with the conditions of the user's operator); the provider does not charge any additional fees;
• payment of the price is required prior to making the digital content available to the user;
• the digital content is generally made available for a definite period;
• the prices of digital content are listed on the marketplace inclusive of VAT, if the provider is a VAT payer, and including all fees prescribed by law;
• the digital content is delivered without undue delay after the conclusion of the contract by making the premium user account features associated with the digital content available to the user on the marketplace;
• the digital content may only be used provided that the user creates a user account on the marketplace within the meaning of the terms of use of the website (hereinafter also referred to as the "user account").
• delivery is not associated with any costs, except for the costs of internet connection, the price of which depends on the conditions of the user's operator and is not charged by the provider;
• the digital content is not delivered to the user in physical form, i.e. on no tangible medium;
• the user consents to the goods being delivered before the expiry of the statutory withdrawal period of 14 days, whereby the user in such a case does not have the right to withdraw from the contract within fourteen days pursuant to Section 1837(l) of Act No. 89/2012 Coll., as this constitutes a contract for the supply of digital content that was not delivered on a tangible medium and was delivered with the prior express consent of the user before the expiry of the withdrawal period;
• information on the existence of rights arising from defective performance is set out further in these terms;
• the contract is concluded in the Czech or English language, and the concluded contract shall be stored in the electronic archive of the provider, to which the user does not have access;
• information on the functionality of the digital content is set out in detail in these terms;
• the contract may be automatically renewed within the meaning of Article III, paragraph 7 and the following paragraphs of these terms;
• information on out-of-court dispute resolution is set out further in these terms;
• the provider is not bound by any codes of conduct;
• the digital content requires appropriate hardware and software equipment for full functionality, namely a computer or other similar device with the ability to connect to the internet and an internet connection with sufficient speed to download the digital content;
• the provider does not offer any updates to the digital content, to which the user expressly consents.

IV. ORDER AND CONCLUSION OF THE CONTRACT

1. The user places an order for digital content through the marketplace by selecting the digital content of interest in the appropriate section of the commercial presentation of the marketplace, entering their identification data and other mandatory data in the section of the marketplace called the "shopping cart", selecting the payment method, and confirming that the user has familiarised themselves with these GTC and with the personal data processing policy. The order is completed by clicking the button labelled "order and pay" or a button with similar text.

2. The submission of the order obliges the user to pay the price of the digital content. The contract is concluded and becomes effective at the moment of payment of the price of the digital content.

3. Before submitting the order, i.e. before concluding the contract, the user is enabled to review and amend the data entered in the order. The user is obliged to provide correct and accurate data.

4. In the event that an obvious error has been made by the provider when stating the price of the goods on the marketplace, or during the ordering process, the provider is not obliged to deliver the digital content to the user at this clearly erroneous price. The provider shall inform the user of the error without undue delay and shall send the user an amended offer to the user's e-mail address. The amended offer shall be considered a new proposal for a contract, and the contract is in such a case concluded upon the user's confirmation of acceptance of the offer to the e-mail address from which the offer was received.

5. After the conclusion of the contract, the provider shall send the user a confirmation of the conclusion of the contract by e-mail, which shall contain, among other things, confirmation that the user requested the delivery of the digital content before the expiry of the withdrawal period and that the user's right to withdraw from the contract expires in such a case.

VI. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. The provider is obliged to deliver the digital content in a condition free of defects, and in particular warrants to the user that the digital content:

• a. corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
• b. is suitable for the purpose for which the user requires it and to which the provider has agreed,
• c. is provided with the agreed accessories and instructions for use, including installation instructions, and with user support;
• d. is suitable for the purpose for which digital content of this type is ordinarily used, also taking into account the rights of third parties, legal regulations, technical standards, or codes of conduct of the relevant industry, in the absence of technical standards;
• e. in terms of scope, quality, and other performance parameters, including functionality, compatibility, accessibility, continuity, and security, corresponds to the usual characteristics of digital content of the same type that the user can reasonably expect, also taking into account public statements made by the provider or another person in the same contractual chain, in particular by advertising or labelling;
• f. is provided with accessories and instructions for use that the user can reasonably expect;
• g. corresponds to the trial version or preview that the provider made available before the conclusion of the contract.

If the user stipulates special characteristics of the digital content and the provider expressly accepts them, the digital content is free of defects if it also has the stipulated characteristics.

2. The provider advises that the digital content is current as of the date of its delivery. The provider therefore cannot be liable for defects in the digital content that arise subsequently, for example as a result of an update or other change to the video game. At the same time, the provider is not liable for defects that would constitute purely subjective opinions of the user on the quality of the digital content.

3. The user may notify a defect that manifests or occurs in the digital content during the duration of the obligation. In the case of a one-off performance, the user may notify a defect that manifests in the digital content within two years from the date of making it available. The provider does not provide any additional guarantee for defects or quality that would in any way extend the provider's liability for defects in the goods beyond the scope of the law.

4. If the digital content has a defect, the user may request its remediation, unless this is impossible or disproportionately costly; this shall be assessed in particular with regard to the significance of the defect and the value that the digital content would have without the defect. The provider shall remedy the defect within a reasonable time after it has been notified so as not to cause the user significant inconvenience, taking into account the nature of the digital content and the purpose for which the user required it.

5. The user may request a reasonable discount or withdraw from the contract if:

• the provider has not remedied the defect in accordance with paragraph 4 of this article of these terms, or it is apparent from the provider's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the user,
• the defect manifests even after remediation, or
• the defect constitutes a material breach of the contract.

However, the user cannot withdraw from the contract if the defect of the digital content is only insignificant.

6. The provider does not provide any additional guarantee for defects or quality that would in any way extend the provider's liability for defects in the goods beyond the scope of the law.

7. It is recommended that the user notify the provider of the defect without undue delay after the user could have discovered it upon timely inspection and with due care.

8. If a defect manifests within one year from delivery, it shall be presumed that the digital content was already defective at the time of delivery.

9. In the event that the user is a person who is not a consumer, the provider excludes its liability for any direct or indirect damage caused by a defect in the digital content.

VIII. FINAL PROVISIONS

1. All agreements between the provider and the user shall be governed by the law of the Czech Republic, including the legal relationship arising from the contract and related to this contract. If the relationship established by the contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer arising from generally binding legal regulations. The choice of law must not deprive the consumer of the protection afforded to the consumer by the mandatory provisions of the law of the state of the consumer's habitual residence.

1. The provisions of these terms form an integral part of the contract. Deviating and additional provisions in the contract shall take precedence over the provisions of these terms and conditions, provided that they are expressly accepted by the provider before the conclusion of the contract. It must be evident from the acceptance that the deviating provisions are also accepted in full.

2. The contracting parties have agreed that all legal acts under this contract, including its amendment, supplementation, termination, withdrawal, or other ending, may be made in electronic form by means of electronic mail (e-mail), to the e-mail address of the provider specified in these terms and to the e-mail address of the creator specified in the creator account. An e-mail message shall be deemed delivered at the moment when it enters the sphere of disposition of the addressee. If the addressee does not confirm receipt of the message and the sender does not prove its actual delivery earlier, it shall be deemed to have been delivered on the third business day after its demonstrable dispatch to the agreed e-mail address, unless the addressee proves that the message could not be delivered to the addressee for reasons not on the addressee's part.

3. The provider, the creator, and the user are entitled to make any legal act, in particular any act that they would be entitled to make by e-mail, also through internal notifications on the portal (which only the provider is entitled to send) or through the internal communication channels of the portal – i.e. internal messaging or chat. The provisions of the preceding paragraph shall apply mutatis mutandis.

4. The provider bears no liability for errors arising as a result of interference by third parties with the marketplace or as a result of its use in conflict with its intended purpose. The user must not, when using the online store, use procedures that could have a negative impact on its operation, and must not carry out any activity that could enable the user or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the marketplace, and to use the online marketplace or its parts or software in a manner that would be in conflict with its intended purpose.

5. The provider may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations that arose during the effectiveness of the previous wording of the terms and conditions. The provider is obliged to notify material changes to the terms and conditions (i.e. changes that do not constitute minor editorial adjustments or corrections, or changes aimed at resolving a security issue or ensuring functionality) 30 days before their effectiveness. In the event that the user does not agree with such a change, the user may terminate the contract or cancel their account.

6. If any provision of these terms and conditions is or becomes invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, and enforceability of the remaining provisions. The contracting parties undertake to replace such invalid, ineffective, or unenforceable provision without undue delay with a new provision whose meaning and economic purpose shall be as close as possible to the original provision; the same shall apply if a gap appears in the terms and conditions.

7. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869, website: https://adr.coi.cz/cs is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address https://consumer-redress.ec.europa.eu may be used for the resolution of disputes between the provider and the user arising from the purchase contract.

8. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

9. The provider is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, within the defined scope, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.