Terms of Sale
- 1. Definitions and Interpretation
- 2. Information About Us
- 3. Age Restrictions
- 4. Business Customers
- 5. Paid Content ("Keys"), Pricing and Availability
- 6. Orders – How Contracts Are Formed
- 7. Payment
- 8. Provision of Paid Content (the Key)
- 9. Licence
- 10. Problems with the Paid Content & Refunds
- 11. Cancelling Your Purchase
- 12. Your Other Rights to End the Contract
- 13. Our Liability to Consumers
- 14. Contacting Us
- 15. Complaints and Feedback
- 16. How We Use Your Personal Information (Data Protection)
- 17. Other Important Terms
- 18. Law and Jurisdiction
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which our Paid Content ("Games Keys"), is sold by Us to Consumers (non-business buyers) through this website, www.munkeykeys.com ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before purchasing. You will be required to read and accept these Terms of Sale when ordering your purchase. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase and access the Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
- 1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- "Contract" means a contract for the purchase of Paid Content ("Games Key") as explained in Clause 6
- "Paid Content" means the digital content ("Keys") sold by Us through Our Site
- "Order Confirmation" means our acceptance and confirmation of your purchase
- "Order ID" means the reference number for your purchase, and
- "We/Us/Our" means Munkeykeys Ltd., a company registered in England & Wales under 11557391, and whose registered address is 2 Frederick Street, Kings Cross, London,WC1X 0ND, United Kingdom and whose main trading address is online and via post at Unit 27511, PO Box 6945, London, W1A 6US, United Kingdom.
2. Information About Us
- 2.1 Our Site, www.munkeykeys.com, is owned and operated by Munkeykeys Ltd., which is a limited company registered in England & Wales. Our details are shown above with our main trading address being Unit 27511, PO Box 6945, London, W1A 6US, United Kingdom.
- 2.2 We sell keys for the activation of games on various digital platforms. Once a code is delivered, the Customer can register it on the platform to access the game.
3. Age Restrictions
Consumers may only purchase and access the Paid Content through Our Site if they are at least 18 years of age. If you are under the age of 18 years, a responsible parent or guardian must consent to your registering on our site and making any purchases. You should be aware that games carry an official age classification system, and you should not purchase any game which is above your age group for purchase. Such age classifications are clearly shown in the game description. By purchasing the particular game key, you or your parent or guardian hereby declare that it is lawful for you to do so and use at that time of purchase. You hereby indemnify Munkeykeys.com and Munkeykeys Ltd., in the event of any deceptive purchase or misdeclaration of age when purchasing.
4. Business Customers
These Terms of Sale do not apply to customers purchasing Paid Content or keys and accessing the Paid Content in the course of business. If you are a business customer, please consult Us first.
5. Paid Content ("Keys"), Pricing and Availability
- 5.1 We make all reasonable efforts to ensure that all descriptions of Keys and Paid Content available from Us correspond to the actual description and Paid Content (activation Key) that you will receive. You should note that this is a "Digitally Delivered Product" and no actual hard copy or physical product, box, pamphlets or Game is being supplied.
- 5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies. Please refer to Clause 10 if your Purchase of the Paid Content is incorrect.
- 5.3 We may from time to time change Our prices. Changes in price will not affect any Purchase that you have already purchased but will apply to any subsequent new purchases. We will aim to inform you of any change in price at least 7 days before the change is due to take effect, and this should be the price shown on our website next to each game key description. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
- 5.4 Minor changes may, from time to time, be made to our website or contents, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of our website. However, if any change is made that would affect your purchase or use of the Paid Content, suitable explanation information will be provided to you.
- 5.5 Where any updates are made to our Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Key. Please note that this does not prevent Us from enhancing the Paid Content or description, thereby going beyond the original description.
- 5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated at regular intervals. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.10 regarding VAT, however).
- 5.7 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Key at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 24 hours, We will treat your order as cancelled and notify you of this in writing.
- 5.8 If We discover an error in the price or description of your Key after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
- 5.9 If the price of a Key that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
- 5.10 All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
- 6.1 Our Site will guide you through the process of purchasing a Key. Before completing your purchase, you will be given the opportunity to review your order and amend it.
- 6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request (24 hours), We may cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of any Paid Content that results from you providing incorrect or incomplete information.
- 6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Key constitutes a contractual offer that We may, at Our sole discretion, accept. Your purchase will be immediately available directly to you via email delivery once We have sent you a Purchase Confirmation. Only then will there be a legally binding Contract between Us and you.
- 6.4 Purchase Confirmations shall contain the following information:
- 6.4.1 Your Order ID
- 6.4.2 Confirmation of the Key ordered including full details of the main characteristics of the Paid Content available as part of it
- 6.4.3 Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel as soon as you access the Paid Content..
- 6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
- 6.6 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
- 6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Key.
- 7.1 Payment for Keys must always be made in advance. Your chosen payment method will be charged when we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
- 7.2 We accept the following methods of payment on Our Site:
- 7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. We may also cancel the Contract. Any outstanding sums due to Us will remain due and payable.
- 7.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged for any Paid Content while availability is suspended.
- 7.5 You hereby agree that in the unlikely event of ay malfunction of the Keys, or any other type of dispute or dissatisfaction, you will revert to Us to deal with such issues for you. You agree that you will not initiate any chargeback claims with Paypal and that Our delivery of the Key constitutes a Digital Download which is exempt from refunds unless the key is faulty.
8. Provision of Paid Content (the Key)
- 8.1 Paid Content appropriate to your purchase will be available to you immediately when We send you a Purchase Confirmation and will continue to be available until you activate (use) it, or until you end the Contract.
- 8.2 When you place an order for your Key, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. activating, downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the "cooling-off period").
- 8.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
- 8.3.1 To fix technical problems or to make necessary minor technical changes;
- 8.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
- 8.3.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.5.
- 8.4 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Key will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than 24 hours, you may end the Contract.
- 8.5 Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
- 8.6 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Key.
- 9.2 The licence granted to you will usually be subject to the following usage restrictions and/or permissions:
- 9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
- 9.2.2 You must adhere to the terms of the games publisher whilst using the game you buy your key for. No liability for any non-compliance or misuse is accepted by Us.
- 9.2.3 We do not sell or promote any rights in the Game via the Key being purchased from Our Website. We confirm that any and all logos, trademarks and commercial rights to and in the Game belong to their respective owners.
10. Problems with the Paid Content & Refunds
- 10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content does not comply, or there is a problem with the key accessing the game, please contact Us as soon as reasonably possible to inform Us of the problem. We may as a gesture of goodwill and at our own discretion offer you a partial or full refund. However, you should be aware that under Consumer Law, "Digital Downloads" and instant activation keys are exempt from any right of return/ exchange or refund under the Consumer Contract Regulations. However, your available remedies in the case of faulty goods will be as follows:
- 10.1.1 If the Paid Content (the Key) has faults, you will be entitled to a replacement.
- 10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full refund.
- 10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation.
- 10.1.4 Please ensure that you have checked your order carefully before submitting it. You are responsible for ensuring the Paid Content (Key) is suitable for your needs and compatible with the equipment you will use it with. You will not be entitled to a refund if the purchase is no good for your particular use, preference or on matters of taste or enjoyment.
- 10.1.5 Regarding non-functioning Keys, We are entitled to ask You to supply a photograph or screenshot showing any error messages in relation to the Key and any activation difficulties.
- 10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
- 10.3 If there is a problem with any Paid Content, please contact Us to make us aware of the problem.
- 10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
- 10.5 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Key.
- 10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- 10.7 We reserve the right to request any Paid Content Purchase (Key) which is refunded or cancelled, be revoked by the Digital Platform and/or Game Publisher. This will mean that You will not be permitted to use the Key and You will lose access to the Paid Content. Any attempts to use the Key will be a violation of this Agreement and a breach of the Licence granted to use the Key given to You by Us
11. Cancelling Your Purchase
- 11.1 If you are a Consumer in the European Union, by default you have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Purchase Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access the key, or 14 calendar days after the date of Our Purchase Confirmation, whichever occurs first.
- 11.2 During the cooling-off period, you may cancel your purchase at any time, however, once you have accessed or attempted to access or activated the key, the cooling-off period will end and no refund or exchange will be possible.
- 11.3 If you purchase a Key by mistake, please inform Us as soon as possible and do not attempt to access or use it. Provided you have not accessed or activated the key We will be able to cancel the purchase and issue a full refund. If you have accessed or used the key, We will not be able to offer any refund.
- 11.4 If you access, use or download the key during the statutory cooling off period, you will lose your right to any refund. This is because Electronic Downloads and Digital Goods are exempt from the right to refund under Consumer Law, unless the Key (Goods) supplied by Us are faulty.
- 11.5 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
- 11.5.1 Website: Our contact page
- 11.5.2 Post: Unit 27511, PO Box 6945, London, W1A 6US.
- In each case, providing Us with your name, address, email address, telephone number, and Order ID.
- 11.6 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
- 11.7 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
- 11.8 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Key.
12. Your Other Rights to End the Contract
- 12.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Purchase or to these Terms of Sale that you do not agree to.
- 12.2 If We have suspended availability of the Paid Content/ access to the key for more than 24 hours, or We have informed you that We are going to suspend availability for more than 24 hours, you may end the Contract immediately, as described in sub-Clause 8.4. If you end the Contract for this reason, We will issue you with a full refund.
- 12.3 If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a full refund.
- 12.4 If We inform you of an error in the price or description of your Key and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a full refund.
- 12.5 You also have a legal right to end this Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- 12.6 Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Key.
- 12.7 If you wish to exercise your right to cancel under this Clause 12, please contact Us directly to cancel using the details as shown in 11.4.
- 12.8 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
13. Our Liability to Consumers
- 13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- 13.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- 13.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
- 13.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
- 13.3.2 The damage has been caused by your own failure to follow Our instructions; or
- 13.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Key.
- 13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- 13.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Contacting Us
- 14.1 If you wish to contact Us with general questions or complaints, you may contact Us using the details in 11.4.
- 14.2 For matters relating the Paid Content or your Key, please contact Us by using the details shown in 11.4.
- 14.3 For matters relating to cancellations, please contact Us using the details in 11.4 or refer to the relevant Clauses above.
15. Complaints and Feedback
- 15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- 15.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
- 15.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in writing, addressed to The Customer Care Manager, using the contact details in 11.4.
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
- 17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
- 17.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
- 17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
- 17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any Court or other competent authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- 17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- 17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Purchase, We will give you reasonable advance notice of the changes which will in any event, be posted on our Website.
18. Law and Jurisdiction
- 18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- 18.2 If you are a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
- 18.3 If you are a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts in England.
- 18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts in England.