Statement of Terms
The terms stipulated herein pertain to users, henceforth referred to as, “The Participant” or collectively as “The Participants”, purchasing/engaging with the goods and/or services obtainable on the website, playngosports.com, hereafter denoted as, "The Website," owned by SMARTTHINGS VENTURES LTD, bearing VAT number 60060695D, and registered at 53b Humpage Road, Birmingham, B9 5HW, United Kingdom, henceforth identified as, "The Company."
The affirmation of these terms is legally deemed to establish a contractual relationship between the Company and the Participant. To this effect, the Participant acknowledges they have the necessary legal capacity to act in conformity with the laws in their country of residence. The above mentioned contract shall serve as a universal contract that goes along with each particular agreement for the procurement and sale of any distinct merchandise and/or services requested by the Participant, with such acquisitions deemed finalized upon the Company’s delivery of the pertinent goods/services, and the Participant’s settlement of the corresponding fee, duly recorded in a coinciding invoice or receipt.
Purpose Statement
When you agree to this contract, it is jointly accepted that the Company shall sell the goods (tangible and/or virtual) and/or deliver the services chosen by the Participant to obtain or engage, from the array accessible on the website. The Participant will be required to remunerate the specified cost for each item or services accessible on the website.
The Website Participant possesses the choice to procure the desired items presented on the Website or enroll in the loyalty or membership initiative, devising regular credit replenishments to avail oneself of more favorable terms, as delineated below.
The Website will in its wisdom determine the assortment of commodities and amenities accessible on the website, including the current inventory for each item, and retains the freedom to adjust such accessibility as it sees fit, without constraint.
The goods accessible on the Website will exhibit varied rates for both registered and unregistered Participants, with pricing susceptible to market oscillations and the propositions extended by external suppliers.
Delivery of Physical Products
The estimated time of arrival is indicated for every product showcased on the Website, and typically ranges from 2 to 7 business days, unless expressly stated otherwise. Nevertheless, all orders will be shipped within a maximum time frame of 30 calendar days from the order placement.
The products are dispatched through professional couriers engaged for this intent, tasked with delivering the products to the address specified in the order.
If the specified period passes without the product being delivered, it falls upon the Participant to notify the Company.
The Company reserves the authority to engage third-party suppliers to distribute the products or render the contracted services, including transportation services.
If a Participant opts to disagree with the product, they will bear the costs that may arise and take on the risk in the event of product loss or accidental damage.
The Participant will shoulder responsibility for the risks, starting from the moment of delivery.
The Participant will have ownership of the products upon the Company’s receipt of complete payment for the cost, encompassing delivery expenses, or from the point of delivery, should it occur subsequently.
Policies for Digital Goods
The Website provides a range of digital items available for purchase, of which the Participant may acquire, including license keys and “e-books”, without the need for physical delivery.
Items labeled as “license keys,” or “activation key,” are restricted to one acquisition per Participant account, unless explicitly specified otherwise.
To activate specific digital goods, direction will be included in the order confirmation email that will be dispatched to the email address linked to the Participant’s account. In the event of non-receipt of activation instructions via email, the Participant can reach out to customer support for assistance.
Upon activation through the corresponding license key, the digital goods are instantly accessible for use either through direct download from the website or delivery to the provided email address. Consequently, refunds or returns of these digital products are not permitted.
Should the Participant encounter any issues receiving a digital product due to their email provider or personal mail server, they can reach out to the customer service team for assistance.
The Company retains the authority to void orders for digital products upon detecting acts deemed abusive, fraudulent, or in breach of these terms and conditions.
Membership Plans
The membership or loyalty program entails the Participant engaging in a program of regular purchases, which leads to the accumulation of credits. These credits can then be redeemed for products and/or services available on the Website at discounted prices, set for each item or service.
Participants who enroll in the membership program undertake to buy the specific quantity of credits every 14 days, in alignment with the selected membership package available on the Website or as advertised through other marketing promotions currently available.
Membership can be obtained by adhering to the steps outlined on the Website or through acquiring any product at the membership rate and acknowledging these terms.
The Participant has the option to alter their membership arrangement to a more affordable or pricier one at any point from their personal account. This modification will become more effective with the subsequent automatic payment transaction. Failure to settle the entire amount of their membership plan on the due date will result in automatic demotion to the immediately preceding membership tier. However, the lowest membership level with a recharge fee of 9.39€ can be eventually reached.
The Participant who subscribes to the membership is required to initiate an automatic top-up of credits every 14 days. With each euro reloaded (or the equivalent amount of the currency exchanged to euros), one credit will be obtained.
The reloaded credits will be visible in the Participant’s individual account on the Website, and will remain valid for 90 days starting from their acquisition, following which they will expire and consequently cannot be utilized in exchange for the goods provided on the Website.
Upon automatic recharge, the Participant will be sent a confirmation notification regarding the processed payment.
The Participant is given the choice to bypass the subsequent automatic refill of credits to their membership plan by opting for this selection in their personal account, before the upcoming scheduled refill occurs.
Should the Participant desire to terminate their membership plan, they must provide a notice of cancellation, giving a period of 14 days' either through the "Unsubscribe" feature in their personal account or by reaching out to the customer service department. Consequently, the membership will be officially and conclusively terminated 14 days following the notification.
Alternatively, the Participant has the option to promptly terminate their plan without adhering to the 14-day notice, by selecting this alternative in their personal account and executing a final credit recharge for the sum of 6.95€.
Upon termination of the membership, the privileges linked to it will come to an end. Any remaining Credits in the account will expire at the conclusion of the predetermined duration.
The Website provides trial durations for the different membership schemes. Should the Participant opt not to continue with the membership plan after the trial period, they must cancel it prior to the trial’s conclusion to avoid being subject to future refills as per the chosen plan.
The Website may provide complimentary or discounted redeemable tokens as a welcome gesture. The current rates and membership options will always be displayed on the Website and in any marketing offers. These tokens are liable to expire based on the membership scheme, and the duration specified in the trial phase. If the initial trial period of the membership is terminated, the complimentary tokens supplied will be revoked.
The Company has the option to provide promotional deals to member participants, which includes reduced prices, personalized offers, complimentary shipping and others which it deems fit.
Policy For Digital Gift Cards
By purchasing a Gift Card from playngosports.com, either directly or through an official promotion, you agree to be bound by these Terms and Conditions and the provisions of the Membership Program, including the recurring billing model, and shall be entitled to all associated benefits.
Existing members shall continue to be governed by the Terms and Conditions of their original membership agreement, which shall remain unchanged and enforceable.
Gift Cards are available in denominations ranging from 0.1€ to 100€, or their equivalent in local currency. The maximum allowable transaction amount is 100€ per card.
Upon purchase, the Gift Card value will be credited to your account balance and will expire 90 days from the date of issuance.
Gift Cards are non-transferable, non-refundable, and cannot be redeemed for cash. They may only be utilized for eligible purchases made directly on playngosports.com. Promotional limitations may apply at the Company’s discretion.
The risk of loss and title transfer to the Participant upon electronic delivery of the Gift Card. The Website disclaims any liability for lost or stolen cards. Participants must notify Customer Support in cases of suspected fraud or unauthorized use.
Pricing and Tax Obligations
The charge of the goods or services are those specified on the Website, or where relevant in the marketing offer, at the time of confirming the order or membership to the service. The Participant should note that the charges might undergo minor changes due to currency conversion, and the Company bears no liability for such fluctuations.
The Company holds the authority to adjust the charge of the goods or services offered as it sees fit. If the Participant is part of a membership program, they will be duly informed about any changes in pricing and have the option to cancel their membership before the new rates take effect.
The price of an item could vary depending on the Participant's participation in the membership program, suggesting that generally, member participants will benefit from considerably lower product costs in contrast to non-member participants.
The listed prices do not cover the delivery service needed to send the Participant’s order, which will be specified during the checkout process.
The prices displayed for the products include, where relevant, the Value Added Tax (abbreviated as VAT) or comparable indirect taxation required by legislation in the participant’s jurisdiction.
It's important to highlight that the VAT percentage assigned, if applicable, to each item, will vary based on the specific product acquired (as certain products on the platform are subject to the standard VAT rate while others adhere to reduced VAT rates) and the VAT rate enforced in the participant’s country of purchase for the product or service.
Participant’s ordering products for delivery to a non-European Union nation might be required to settle import charges and taxes, which could be imposed upon the package's arrival at its destination. Any supplementary charges incurred for customs processing will be the responsibility of the Participant. The Website lacks authority over these fees, as each nation maintains its own policies regarding product imports. It is the duty of the Participant to adhere to the prevailing import regulations in their respective country.
The Participant consents to receive electronic invoices (and, if applicable, receipts) for their acquisitions of products and services.
Product Return Guidelines
If no different specialty is denoted within this agreement, the Participant has the right to enact their withdrawal entitlement by sending back the acquired items within a period of 14 calendar days from their physical receipt. To achieve this, the Participant can reach out to the Company through the customer support email.
The Company has the prerogative to decline a partial or full reimbursement for returned items if the product exhibits harm attributable to the Participant, or for products unsuitable for return due to hygiene or health concerns following unsealing.
The Company will handle product returns within a maximum of 14 days from either the goods' arrival and inspection at the Company's premises or from when the participant notifies them, if physical return isn't necessary.
The reimbursement will be conducted using the exact payment method employed by the Participant. The Company may adjust its return guidelines based on the particular circumstances of each case. If a Participant utilized credits for part of the payment, that portion will also be reimbursed in credits.
The Participant must provide the Company and the transportation companies with all essential details to fulfill customs requirements and supply the required paperwork for shipping.
The Participant is required to notify the company promptly in case of any flaw, harm, or irregularity in the received product, or if they receive a quantity lower than what was ordered, as soon as reasonably possible.
For the claim to be deemed legitimate, the Participant must furnish a picture of the incorrectly received product or, if applicable, a photo showing visible damages or defects.
If a defect is not initially noticed, the Participant must inform the Company promptly upon its discovery; the Participant commits to supplying all necessary information and cooperation requested by the Company to investigate any suspected defect or damage.
The Participant is prohibited from returning the product for reimbursement upon delivery or via a courier service center. Transport expenses for returning products will be borne by the Participant if they are not enrolled in the membership program, and by the Company if they are. Regardless, returned products must include the Participant’s name and address, and be labeled "claim," unless the return is due to withdrawal without cause, in which case they must be marked "return."
Payments made for credits are non-refundable, even if the Participant does not utilize them within their validity period, except in cases where the purchase was made due to an error by the Company and was not authorized by the Participant.
The return of a good that has been partially paid for with credits will entail the return of the credits used in the acquisition of that good, as well as the return, where appropriate, of the amount paid using another means of payment, which will be refunded to that same means of payment. If the credits used for payment are refunded, the Participant will once again have a period of validity of 90 days in which to use them.
Digital goods (license keys, e-books, etc.) become non-refundable once the software is activated or downloaded, in essence, from the point at which the Participant gains access to the contracted digital product. The Participant explicitly acknowledges that their right to cancel the contract ceases when they are able to utilize the purchased digital product, unless it is defective.
Protection of Personal Data
The Participant agrees for their personal information to be handled by the company as stated in the Privacy Statement accessible on the Website, among other purposes, for the fulfillment of this agreement.
The Participant has the option to enforce their entitlements concerning data privacy in accordance with prevailing regulations based on their country of residence.
Specifically, Participants residing in European Union member countries have the right to enforce their entitlements for access, correction, erasure, objection, processing limitation, and data portability as outlined in the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council dated 27 April 2016 concerning the safeguarding of individuals with regard to the processing of personal data and on the free flow of such data), and its associated provisions.
U.S. citizens and those holding permanent residency in the United States can assert their entitlements in alignment with the advantageous legislation relevant to their state and jurisdiction.
To confirm the Participant’s identity, the Company might request that the Participant provide supporting documentation demonstrating their identity alongside their inquiry.
Liability Limitations
The Company shall not bear responsibility if alterations occur in charges, taxes, or duties related to the goods, nor in cases of goods unavailability or supply disruptions. It will also not be liable for external party defaults (e.g., shipping firms, manufacturers, etc.), instances of force majeure, or where the Participant has inaccurately provided their contact information or delivery address, or has failed to receive the product promptly.
The Company shall not be liable for any fraudulent, unlawful, or unauthorized actions by third parties concerning Gift Cards not issued by the Company, or for any misrepresentations made regarding such products. It is the Participant’s sole responsibility to promptly notify the Company’s customer service of any suspicion or awareness of impersonation, fraud, or unauthorized activities by third parties falsely representing the Company.
The Participant is required to be vigilant in ensuring receipt of the emails dispatched by the Website and verifying that they are not being routed to the spam directory of their email.
The warranty provided by the Company for its products differ based on whether the Participant is classified as a "consumer" or an individual operating within their professional capacity, as per the regulations outlined in Directive 1999/44/EC of the European Parliament and the Council. If the Participant is deemed a consumer, they will be entitled to a statutory guarantee or "conformity" period of either 2 or 3 years, depending on their country of domicile, in accordance with the implementation of European Directive 2019/771.
The Website might feature hyperlinks directing to the webpages of external party entities. The Company bears no liability for the content found on these pages.
The Company conducts promotional and marketing initiatives both independently and via external body channels.
Inappropriate Activities
The Participant acknowledges that the Company reserves the right to temporarily halt their account, and/or annul orders, upon detecting any form of activity deemed to be an act of swindling or inappropriate.
Transactions suspected of being inappropriate or fraudulent will be reverted to the initial method of payment employed by the Participant.
By utilizing a Gift Card, you agree to refrain from any use that is misleading, deceptive, unfair, or otherwise harmful to playngosports.com, its affiliates, or its customers. The Company reserves the right to take the following actions, without prior notice, if fraudulent or unauthorized use of a Gift Card is suspected:
Should the Participant identify any form of fraudulent, malicious, or inappropriate behavior within their account, they may seek assistance from the Website’s customer support team, enabling the Company to scrutinize the matter and endeavor to address it accordingly.
The Website restricts the formation of Participant accounts to one per individual and two per IP address, and retains the authority to monitor any endeavor to generate numerous accounts. Persistent breach of this guideline will lead to the cessation of all linked Participant accounts.
Automated Updates and Contact Information
Upon agreeing to our terms, the Participant grants permission to receive automated alerts via SMS and/or email, pertaining to their orders, individual preferences, and other engagements associated with the services rendered by the Website.
The Participant who participates in the membership service will be provided with a personalized offer of products before each credit recharge, as part of the service, and may also choose to receive electronic mails, bulletin, exclusive deals, and other updates to enhance their shopping journey.
Participants can opt out from receiving elective alerts at any time by accessing "My Account" in their account of the Website or by reaching out to customer service.
The Company will not be responsible for the unsuccessful, delayed, or inaccurate delivery of the respective goods or service if the Participant has supplied incorrect information, or fails to make sure their data is accurately updated.
The Participant can contact the Company at the following contact details:
Revisions
The Company retains the prerogative to put in place revisions at any given moment to these agreements, and to any of the regulations on the Website.
The Participant will adhere to the user agreements, policies, conditions, or sale terms prevailing at the time of order placement, unless adjustments are required due to legal provisions or upon request of public authorities.
Should any of the terms, conditions, and/or policies be deemed invalid, void, or ineffectual for any cause, the said condition shall be omitted without impinging on the legitimacy or enforceability of the remaining conditions.
Conveyance of Contract Rights
The Company holds the right to transfer the rights and duties stemming from its contractual relationship with the Participant to the individual or company it considers suitable, undertaking all the associated rights and duties. In such instances, it is obligated to notify the Participant accordingly.
The Participant may not transfer or delegate in any way a contract or any of the associated rights or duties, without first obtaining the Company’s prior written approval.
Applicable Law and Jurisdiction
These regulations and stipulations will be overseen and construed in line with the legal provisions pertinent to the official domicile of the Company.
The Judges and Courts having jurisdiction over the registered address of the Company will be authorized to settle any dispute arising in the application or understanding of these user agreements.
All disputes related to card processing shall be subject to the laws of Cyprus.
Should the Participant hold consumer status and reside within any of the Member States of the European Union, they may also reserve the option to invoke the jurisdiction of their country of residence, and any obligatory regulations of their country of residence.
If the Participant holds consumer status and resides in the United States, they may also have the option to use the jurisdiction of their State of residence, and abide by any compulsory regulations of their State’s legislation.
In the event of any dispute that may arise regarding adherence to these terms and conditions, both parties commit to endeavoring to achieve a resolution through sincere efforts in good faith, before resorting to alternative dispute resolution.
playngosports.com is owned and operated by SMARTTHINGS VENTURES LTD, a legally registered and incorporated entity, with its headquarters located at 53b Humpage Road, Birmingham, B9 5HW, United Kingdom.
This Statement of Terms was last updated on June 13, 2024.
