1. Subject Matter
1.1. The subject matter of this Agreement is the use of our website and their services. This Agreement regulates all relations between stonefire.io (hereinafter "the Service") and the customer ("the Customer") regarding the use of the Service. Read all the terms and conditions carefully before you use the Service. By using the Service you automatically agree to terms and conditions written down in our terms of service.
1.2. The Service communicates with the third-party services for example steamcommunity.com offered by Valve Corporation. Requirement for the proper use of the Service is a valid contract of the Customer with such a third-party service.
2. Scope of Services
2.1. The Service is a platform where you can safely trade virtual and physical goods from Games, for example from DotA2 and CS:GO, both powered by Steam. The functionalities of the Service are described at more detail at stonefire.io/help. At its sole discretion, the Service may modify the functionalities of the Service or discontinue a functionality or the Service at any time without prior notice.
2.2. The Service allows third-parties to list and sell their goods on its website. Even though the Service provides this marketplace and performs the transactions in connection with the marketplace, the Service does neither act as buyer nor as seller of these third-party goods. The Service merely provides buyers and sellers a platform where they can negotiate and complete transactions. Therefore, the contract, which is concluded when third-party goods are sold, is concluded between the buyer and seller exclusively. The Service never becomes a contractual partner and does not take any responsibility in connection with this contract. The Service also does not act as a representative of the seller. The seller is solely responsible for the selling of the goods and for any claims on the part of the buyer and for any other issue whatsoever which arises out of or in connection with the contract between buyer and seller.
2.3. The Service is not affiliated in any way with Valve Corporation and its affiliates.
2.4. The Customer acknowledges and understands that the proper working of the Service depends on the availability and proper working of third-party services including but not limited to Valve's Steamcommunity, or the Steam API. The Service assumes no liability and offers no compensation whatsoever for the temporary or permanent unavailability of goods caused by the unavailability of a third-party service or caused by other changes to the functionality of a third-party service.
2.5 The Service is an appointed Agent of HPME (HPME, an e-money institution accredited under Belgian law, with registered capital of €3,200,000.00, registered on the register of legal entities under number 0897928802, with registered head offices at 19 Avenue des Volontaires – 1160 Auderghem – Belgium) and, in this capacity, invites you to enter into business relationships with HPME in order to open a payment account with HPME and enter into a payment services agreement with HPME to handle your merchandising transactions. The general terms and conditions practiced by HPME can be found at https://www.hipaywallet.com/terms/CGU_hipay_en.pdf. HPME's accreditation may be verified with the Banque Nationale de Belgique at this address: http://www.nbb.be/pub/Home.htm?l=fr. Requirement for the usage of the Service is an account with HPME. The Service will automatically open such an account with HPME upon registration with the Service and will manage this account on behalf of the Customer. The Service forwards information from the Customer to HPME and vice-versa; this includes for example personal information such as the Customer's name and address as well as any documents that are necessary to satisfy the legal requirements for example under EU directive 2005/60/EC.
3.1. All monies stated in this Agreement and in the Service are expressed in Euro and include all applicable taxes. The customer will get charged once he enterred all the necessary info for the chosen payment method and chose the amount he wants to get credit for on our platform or if he makes a direct order he will get charged for the amount the items are worth.
3.2. When the Customer is purchasing any good through any of the offered billing services he is aware of buying a virtual good, that there will be no physical delivery and he will get the virtual good delivered to his Steam account exclusively. Furthermore, the Customer agrees not to initiate any claim and dispute procedure with third parties regarding the payment like PayPal's "Claims and Dispute” mechanism. The first case of initiating such a claim and dispute procedure will result in a suspension of at least 24 hours from the Service. Any further case of initiation of a claim and dispute procedure will result in automatic suspension of the Customer's individual account and further individual accounts under the Customer's control. The Customer will exclusively submit any disagreement, dispute, complaint or query via [email protected] or by opening a support ticket on the Service's website by clicking the "Support" link at the top navigation. Due to the nature of the digital goods, the Service does not issue any refunds on made purchases whatsover, and the Customer waives any withdrawal rights which would otherwise be granted by law when making a purchase and asking the Service to render its services before the withdrawal deadline.
3.3. The Service shall charge all applicable fees on the PayPal or any other billing service account associated to your account at the Service. Therefore the Customer is responsible to provide the Service with valid information for making and receiving payments. The Customer may modify his account information by making a request via [email protected] The Customer must submit a support ticket with his new account information if his payment information changes including describing the reason for the change. If in doubt, the Service may require further information and documents before changing the payment details associated with the Customer's account at the Service.
3.4. The Service reserves the right to show specific Customers only specific payment methods.
3.5. The Customer selling at the Service has the opportunity to receive the credit on his wallet by requesting a withdrawal. The Customer understands that there is a minimum withdrawal amount of 10€ and that withdrawn amounts are limited to multiples of 10€ or the equivalent in another currency. The Customer also understands that withdrawals may require a prior verification of his/her identity before funds can be released.
4. Obligations of the Customer
4.1. To use the Service the Customer has to be at least 18 years old regardless of any consent from its parent or guardian. Furthermore, only consumers under section 13 of the German Civil Code can conclude Agreements with the Service.
4.2. The Customer is bound to provide truthful information when asked for a verfication for the Service Marketplace and to immediately notify the Service of any changes of information that has been requested during the verification on his own. Furthermore the Customer is not allowed to impersonate another person or use a name, for whose use he has no authorization. The Customer authorizes the Service to use any information that has been requested during the verification from time to time as long as the Customer is registered for the Service, for example to verify the accuracy of the information (including updates thereto) and also to obtain reports about his credit rating.
4.3. If the Customer made untrue statements during the verification or fails to inform the Service about changes to the verification, the Customer can be excluded with immediate effect from the Service. The Service reserves the right at any time at its own discretion to reject a verification and to refuse the provision of services provided by the Service.
4.4. The Customer who sells goods at the Service is obligated to determine, calculate, apply, and pay any necessary taxes, in particular VAT, levies, import and export, or any other duties that are applicable to his goods. When making an offer the Customer is required to indicate the price of the goods, including sales taxes or any other taxes like import and export or any other duties which the Customer who buys the offered goods at the Service has to pay under certain circumstances. The Service is under no obligation whatsover to calculate, collect, specify or pay VAT or other taxes on the sale of third-party goods between the Customer and another Customer.
4.5. The Customer who sells goods at the Service warrants that he is entitled to sell the goods he offers. Furthermore, he warrants that the goods are free of third-party rights which might prohibit the sale and that the goods are safe and do not violate any other statutory provisions.
4.6. Getting access to the Service the Customer signs in and registers through his Steam account provided by Valve Corporation. The Customer is responsible to manage his Steam account and to take measures for its security. Furthermore, the Customer agrees to be responsible for all operations that are performed with his Steam account on the Service's website and is not allowing any third-party the use of the Service with his Steam account. If the Customer's Steam account gets banned or otherwise not able to receive and accept trade offers via Valve's Steam community, the Customer can still sell the goods that are on sale. However, the Customer understands and agrees that his goods cannot be transferred to a different Steam account other than the one that is linked to his account.
4.7. The Customer must not interfere or intent to interfere in any manner with the functionality or proper working of the Service.
4.8. The Customer will indemnify and hold harmless towards the Service, its officers and directors, employees and agents from any and all third-party claims, damages, costs (including reasonable attorneys fees) arising out of the Customer's use of the Service in a manner not authorized by this Agreement, and/or applicable law, or the Customer's personnel's negligence or willful misconduct.
4.9. The Customer is bound to use reasonable prices when selling on the Service. If the Service at its sole discretion deems that the Customer's prices are unreasonable, the Customer will be contacted via email or by a support message on the Service's website and will be asked to adapt his pricing. When the Customer is rejecting or failing to adapt his pricing he may be asked to withdraw his goods. If he fails to comply with a withdrawal request from the Service, the Service reserves the right to remove his goods from its marketplace and dispose the goods as it sees fit given a reasonable reaction time of at least 14 days starting on the day the withdrawal request is sent to the Customer.
4.10. Using the Service's pin offering the Customer agrees to the following:
- Pins that the Customer sends in are not stolen and have not been used yet.
- The Service has measures to verify the validity of pin codes. Should a Customer claim that a pin code is invalid and the Service find that a pin code is valid, the buyer may be excluded from further usage of the Service.
- If the Customer decides to withdraw his pins from the service, the Customer has to pay the shipping costs as well as a handling fee.
- If the Customer sends in damaged pins or the Service has doubt of the validity of the pins, the Service is under no obligation to add those pins to its marketplace. Should the Customer ask for his pins to be returned, he has to pay the shipping costs as well as a handling fee.
- By sending in his pins, the Customer agrees and authorizes the Service to perform all steps for making the pins available for sale on its marketplace. This specifically includes removing the protection from the activation code, and retrieving the activation code.
- The Service reserves the right to demand compensation from the seller if the pin code is invalid.
- If neither the buyer nor seller claim the physical pin after the code was bought/sold the Service will take possession of the physical pin after 14 days.
4.11. To take part in the Service's Giveaway/Raffle section the customer has to follow twitter or join our steamgroup. The more additional actions the customer does the higher the chance of winning is. There are no fees to enter (we are using gleam.io to offer and monitor this section). After a winner has been announced we send him the virtual item he won.
5. Data Protection and Confidentiality
5.1. The Service stores account data, third-party credentials and user information about the Customer. This data may be shared with third parties if those are assigned by the Service to handle accounting, payment or other internal processes.
5.2. The Services automatically collets and stores standard internet log information when the Customer visits the Website. This information may include, but is not limited to, the Customer's Uniform Resource Locator (“URL”), its Internet Protocol (“IP”) address and domain name used, its type of browser, the date, time and length of its visits as well as the searches conducted and the web pages consulted. These data will be kept confidential and used mainly regarding our accounting.
5.3. The Service may inform the public about the Customer using the Service including a rough description of the usage for marketing and public relation purposes. The Customer agrees to appear in the Service's reference lists including any name, trademark or logo of the Customer. This includes, but is not limited to, descriptions on the Website, any other websites, presentations, presentation material and press announcements of the Service.
5.4. The Service reserves the right given by the Customer to check all data entered and documents sent by the Customer. These data will be treated confidentially and will be used to prevent fraud and abuse of the Service.
5.5. The Service will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Therefore the Service may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
6. Term and Termination
6.1. The Agreement runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with section 6 of these terms.
6.2. The Parties may terminate this Agreement for any or no reason at their convenience with a 30 day notice to the end of each month. Termination may be issued in writing or by using the provided account closing mechanism if provided by the Service.
6.3 In addition the Service has the right to terminate this Agreement for a good cause for example, but not limited to, the following:
- a serious breach of obligations arising from this Agreement by the Customer;
- a serious breach of contract leading to the loss of mutual trust which renders the continuation of this Agreement in consideration of the purpose of the Agreement unreasonable
- an attempt at a denial of service attack on any of the Service's services by the Customer, or any attempt to hack or break any security mechanism on any of the Service's services;
- a major change in the working of third-party services including but not limited to Valve's Steamcommunity which make it unreasonable to adapt the Service accordingly or make further offering of the Service unreasonable. The Customer acknowledges that there is a chance if the Steamcommunity or the Steam API or another third-party service is altered in a radical way, it might not be possible to track the Customer's goods anymore, or in a worst-case the Customer's goods may become unavailable entirely. In such a case, the Service assumes no liability for lost goods whatsoever.
7. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (stonefire GmbH, Kuhbergstr. 37, 34131 Kassel) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
THE CUSTOMER IS AWARE AND AGREES THAT THE RIGHT OF WITHDRAWAL EXPIRES IF HE ASKS THE SERVICE TO RENDER ITS SERVICES BEFORE THE WITHDRAWAL DEADLINE, AND DUE TO THE NATURE OF THE DIGITAL GOODS A WITHDRAWAL IS IMPOSSIBLE.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) delete as appropriate
8. Disputes, Applicable Law, Notices
8.1. This Agreement and any dispute, controversy, proceeding or claim of whatever nature arising out of, or in any way relating to this Agreement or its formation shall be governed by material German law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
8.2. The parties agree that the courts of the seat of the Service shall have exclusive jurisdiction (so far this is permitted by law) to settle any dispute, controversy, proceeding or claim of whatever nature arising out of, or in any way relating to this Agreement or its formation.
8.3. Notices made by the Service to the Customer may be posted on the Website and/or send to the email address specified by the Customer when signing up or to any updated email address the customer provides. Notices to the Services must be directed to [email protected]
8.4. The official text of this Agreement and any annexes attached here to and any notices given here shall be in English. However communication between the Service and the Customer may be in English or German.
9. Final Provisions
9.1. This Agreement, together with any documents referred to herein, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement. Any ancillary verbal agreements are void.
9.2. The Customer may set off only legally binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However, the Service may transfer this Agreement with all rights and obligations to a company of its choice.
9.3. These terms of service may be modified by the Service at any time. The Service will inform the Customer via email that these terms of service have been altered without necessarily including the new version or alteration in this email. If the Customer does not expressly disagree in writing within a month from the notification of change, this is deemed to be the acceptance of the change. The customer will expressly be informed about this consequence and the significance of his silence in the email notifying about the change.
If you have any concern, question or complaint regarding this Agreement, please contact the Service at: [email protected].