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1.1 These general terms and conditions apply to any offer by DisGem and to any contract formed between DisGem and the consumer. DisGem’s general terms and conditions can be found at DisGem’s Terms and Conditions, from which consumers can easily download and save these general terms and conditions.
1.2 If any provision of these general terms and conditions is null and void or annulled, the remaining provisions of these general terms and conditions will remain in full force and effect.
2.1 The offer contains a complete and accurate description of the digital products offered. Manifest mistakes or errors in the offer are not binding on DisGem.
2.2 DisGem is not a publisher or issuer of digital products. The offer is at all times limited to what is offered or made known by the publisher or issuer of the digital product in the product terms and conditions of the digital product.
2.3 The purchase agreement is formed when the consumer activates the ‘Order & Pay’ button. The purchase agreement is formed on the condition that the consumer’s payment has been received by DisGem.
2.4 Use of Credit Card Payments: When a purchase is made using a credit card, the consumer affirms that the purchase is made solely for their personal use and not for any third-party interests. This condition ensures compliance with credit card non-transferability requirements.
2.5 Upon receipt of payment, the digital product will be delivered immediately.
3.1 The purchase is for the delivery of digital content that is not delivered on a tangible medium. By their nature, these digital products may be excluded from the right of withdrawal. DisGem excludes that right of withdrawal. Before any purchase can be made, the consumer must expressly agree to allow DisGem to begin delivery and must declare that they thereby waive their right of withdrawal.
4.1 The price of the digital product is the price stated in the shopping cart in DisGem’s online shop.
4.2 The price on the payment page may specify VAT, transaction fees, and service charges. Transaction fees are the fees charged by the payment service provider to DisGem for the use of the payment method chosen by the consumer. These transaction fees vary by payment method and are shown on the payment page if applicable. Service charges include all other fees charged by DisGem for its services. These may vary by product and will be shown by product in the shopping cart if applicable.
4.3 Notwithstanding 4.1, DisGem may offer digital products at variable prices, where the prices of these products are subject to fluctuations in the financial market and are not in DisGem’s control. This link to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
5.1 Delivery is made by email. The consumer must provide the correct email address and verify it properly. If the consumer has provided an incorrect email address, the digital product cannot be delivered again. The consequences of providing an incorrect email address are entirely the responsibility and risk of the consumer.
5.2 For customers paying with PayPal, the product will be delivered to the PayPal email and not the email address entered on the delivery page (if different). DisGem is not liable for not having access to the PayPal email address that your product was delivered to.
5.3 Consumers should enter the correct region and verify it properly. Changing the region is no longer possible once the ‘Order & Pay’ button has been activated. The consequences of specifying an incorrect region are entirely the responsibility and risk of the consumer. Delivered digital products cannot be returned.
5.4 In the event of a defect, the consumer will be obliged to cooperate with DisGem to enable DisGem to ascertain the cause of the defect. The consumer is required to provide DisGem with all relevant information, such as a screenshot of the error message, the account value, currency, and region of the account where the credit was due to be added, and the website URL of the redemption page. The consumer is required to provide DisGem with digital access to their device to determine the cause of the defect.
5.5 We reserve the right to send reminders related to outstanding payments or other relevant matters concerning the products provided. These reminders may be sent via e-mail, SMS, or other means of communication you have provided. By using our services, you agree to receive such communications.
6.1 DisGem continually copes with individuals seeking to commit fraud, money laundering, terrorist financing, or other unlawful or improper use of DisGem’s services. The interests and integrity of DisGem and others may be harmed as a result. DisGem has therefore taken protective measures. These measures result from those taken by financial and other institutions under relevant laws and regulations, such as the Dutch Prevention of Money Laundering and Financing of Terrorism Act, the Dutch Financial Supervision Act, and Payment Services Directives 1 and 2, or independently by financial and other institutions. These measures help reduce risks and mitigate any adverse impact on DisGem and others. The consumer is obliged to comply with these protective measures.
6.2 In the event of fraud, money laundering, or terrorist financing, or suspicion thereof, DisGem reserves the right to:
7.1 DisGem warrants that the digital products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of formation of the contract.
7.2 The foregoing does not apply to statements made by third parties. Statements by the publisher or issuer of the digital product do not constitute communications by DisGem. Lifespans of digital products vary by product. Some digital products have unlimited lifespans, while others have limited lifespans as determined by the publisher or issuer. Shorter remaining lifespans cannot be considered a defect. DisGem excludes any liability for damages resulting from the expiry of digital products.
7.3 Product terms and conditions applicable to the digital product may not have been made available to DisGem and/or may be made available by DisGem. The consumer is then required to download these themselves from the website of the publisher or issuer of the digital product.
8.1 DisGem is not obliged to comply with any obligation to the consumer if it is prevented from doing so due to a circumstance not attributable to its fault, and for which it is not responsible by virtue of the law, a legal act, or generally accepted standards. Force majeure includes, but is not limited to, all external causes, foreseen or unforeseen, beyond DisGem’s control, which prevent DisGem from fulfilling its obligations, including internet disruptions, payment service disruptions, lack of stock, war, riots, fire, strikes, transport difficulties, lack of energy, disasters, restrictive government measures, malfunctioning company installations, and failure of third parties to supply or provide products or services.
8.2 DisGem is entitled to suspend its obligations during any period of force majeure.
8.3 The consumer has the right to cancel the agreement after notification of non-delivery due to force majeure. Refunds can only be made to SEPA and PayPal accounts.
9.1 DisGem is not liable for damage in the event of fraud, money laundering, or terrorist financing, or other unlawful acts or suspicion thereof.
9.2 DisGem is not liable for damage resulting from loss, theft, destruction, misuse, or improper use of any digital product.
9.3 DisGem is not liable for damage if the lifespan of a digital product has ended.
9.4 DisGem is not liable for damage due to restrictions or limitations in product terms of the publisher or issuer of the digital product. Nor is DisGem liable for damages resulting from any act, omission, or decision of any publisher or issuer of the digital product. DisGem is not liable for damage if product terms of the digital product are breached.
9.5 DisGem is not liable for damage in the event that the information obligation of Article 5.3 is not met.
9.6 DisGem is not liable for damage resulting from hacking or account hacking, social engineering, or other unlawful acts of third parties.
9.7 DisGem is not liable for damage resulting from any incorrect entry of the email address, incorrect country selection, or other incorrect entry or choice by the consumer.
9.8 DisGem is not liable for damage resulting from an act or omission by third parties.
9.9 DisGem is not liable for damage if the publisher of the product or the operator of the website where the product is redeemed has detected fraud, money laundering, or terrorist financing or has any suspicion thereof.
9.10 DisGem is not liable if the product cannot be used due to a failure at the publisher of the product or at the operator of the website where the consumer intends to use the product.
9.11 DisGem is not liable for any fees charged by the issuer of the product, such as maintenance fees or redemption fees.
9.12 DisGem’s liability is limited to the damage that can be considered an immediate and obvious consequence of any non-performance or defective performance up to the nominal value of the defective digital product. DisGem is not liable for indirect and consequential damage.
9.13 Any liability of DisGem is limited to the amount covered by its insurance.
9.14 In the event of liability for a defective product, DisGem will either provide another equivalent digital product or refund the amount paid.
9.15 The limitations of liability contained in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of DisGem’s directors.
9.16 DisGem unequivocally disclaims any association or endorsement of the use of products showcased on its website for any unlawful practices, regardless of their nature, explicitly stating that it bears no responsibility whatsoever for any engagement therein by the purchaser.
10.1 DisGem has a complaints procedure published on its website. It will handle any complaint in accordance with this complaints procedure.
10.2 Complaints about the performance of any agreement must be submitted to DisGem fully, with a clear description of the complaint.
10.3 Complaints submitted to DisGem will be answered as soon as possible, but at the latest within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, DisGem will notify the consumer within the 14-day period of when to expect a more detailed response. DisGem will make every effort to find a satisfactory solution.
11.1 Depending on the product purchased and its currency, the consumer saves an amount of DisGem Coins determined by DisGem. DisGem Coins can be redeemed against the purchase of certain DisGem-determined digital products.
11.2 Redemption is made by selecting a digital product and activating the Redemption button in DisGem’s online shop. A redemption cannot be undone even if the wrong digital product or region was inadvertently selected. DisGem Coins are never redeemable for cash.
11.3 DisGem Coins cannot be transferred. Allocation of DisGem Coins is linked to the consumer’s email address. DisGem Coins assigned to different email addresses of a consumer cannot be merged.
11.4 DisGem Coins expire one year after the last purchase.
12.1 Dutch law applies to all agreements between DisGem and the consumer.
12.2 Any disputes between the consumer and DisGem will be submitted to the competent judge of the District Court of ‘s-Hertogenbosch, unless another court is competent to hear and determine the dispute.