Terms And Conditions

Latest updated 1 january, 2024

Scope of Application

These Standard Terms and Conditions (hereinafter: “T&Cs) apply to the use of CSMiddlers internet platform and to the processing to be performed by CSMiddler AB (hereinafter: “CSMiddler”) of the legal transactions concluded by and between buyers and sellers (hereinafter: “users”) on that platform and the legal transactions concluded by users with CSMiddler.
Divergent, conflicting or supplementing standard terms and conditions of users shall become integral parts of the agreement with CSMiddler only and insofar as we grant our express consent to such terms.

Internet Platform, Contractual Relations

CSMiddler makes an internet platform available on which users are able to offer, sell and purchase particular, digital games contents, so-called “Skins”.
CSMiddler shall act on behalf of the seller.
CSMiddler is the merchant of record for each transaction between users and bear limited responsibility for such transaction as is normally borne by the merchant of record. Notwithstanding the foregoing, CSMiddler takes limited financial responsibility for the transaction between users including, billing, sales, support, maintenance, service uptime, error or bug fixes, and more related to transactions between users. However, CSMiddler is not liable or responsible for financial damages that occurs to sellers or buyers due to fraud or cyber-attacks on CSMiddler’s computers or systems, nor on attacks/penetration of clients, partners, customers, users, or other related systems. CSMiddler is not financial liable to wrongly market pricing, ie. skins that are priced below or above market-prices. CSMiddler can, in any and whatever case, have a maximum liability of €1,000 towards each seller or buyer, no matter how many trades seller or buyer conduct over lifetime.
Trustly Group AB (hereinafter: “Trustly”) is the payment service provider processing the payments. Trustly and their provided payment processing services are totally independent from CSMiddler. Prior to payment processing, users have to consent to the standard terms and conditions of Trustly. (https://www.trustly.com/sv-SE/om-oss/villkor, which will be pointed out to users especially.
Trustly is an authorized Swedish payment institution under the supervision of the Swedish Financial Supervisory Authority (Finansinspektionen). Trustly conducts payment services in accordance with the Swedish Payment Services Act (2010:751) and Directive (EU) 2015/2366 on payment services (PSD2) and can provide cross-border payment services within the EU/EEA.

User Account, Verification of Identity

Registration as a user is required in order to use our internet platform. Registration is possible after the user has logged in. A user account can be set up free of charge.
The data we request during setting up of a user account must be provided in full and truthfully by the user. In case of changes to the data he provides, the user shall update such data promptly.
Only natural persons with full legal capacity who are at least 16 years of age are permitted to set up and use a user account.
Adolescents over the age of 13 are only permitted to use a user account that has been created by their legal guardian under the name and using the data of the legal guardian, provided that the legal guardian gives their consent to the use. The parent or legal guardian is solely responsible for monitoring the use of his or her user account by the minor.
We reserve the right to make our consent to the setting up of a user account dependent on the presentation of appropriate proof.
Should there be doubts as to the identity of a user, we are entitled to require presentation of appropriate proof of identity from a user for the personal information provided, in order to establish his/her identity and to prevent fraud. The presentation of proof of identity of third parties is expressly prohibited.
The setting up of a user account on behalf of third parties, the setting up of several user accounts for one and the same user (“Multi-Accounts”), the linking of an existing user account to other user accounts and the use of one account by several persons (“Account Sharing”) is not permitted.
After having issued prior notification, we reserve the right to delete user accounts that are not fully set up or that remain unused over a longer period of time, unless the user account is subsequently completed, or use is resumed. In case of deletion, the services provided by us shall be rescinded in accordance with the statutory provisions.

Posting of Contents

Users shall ensure that the offers and contents they post do not violate statutory provisions and are free from third-party rights.
We reserve the right to technically edit offers and other contents of users for the purpose of improved presentation.
We strive to provide accurate and up-to-date price recommendations for your items based on competitor analysis. However, it is important to note that we do not guarantee the accuracy of these recommendations. Therefore, the price recommendations provided are for informational purposes only, and we strongly advise you to conduct your own research and exercise due diligence when determining the value of your item. We shall not be held liable for any discrepancies or losses resulting from the use of our price recommendations.

Fees and Payment Formalities, Executing and Aborting a Transaction

Where a sales contract is concluded between users on our internet platform, we shall invoice the buyer for which is determined by our price list in force at the time of conclusion of said contract. The brokerage fee is due for payment immediately.
When executing the transaction and the transfer of title, we as the Merchant of Record shall contact the buyer and seller regarding the transaction process, shall assist the parties and handle any disputes between them concerning the goods, without ourselves being a contracting partner to the sales contract concluded by and between the users. After successful processing of the payment, the product ordered shall be made available to the buyer via the platform. The buyer’s bank account will be debited with reference to the seller and to us. During the transaction our fee will be directly deducted from the purchase price paid by the buyer.
The legitimacy of the brokerage fee we charge is independent of the legitimacy of the contract concluded between the users and of a legal dispute between the users concerning the exchange of performance and/or the usability of the content posted.
Users may only make payments using their own banking connections and payment methods. Payments may not be made by third parties.
In case of doubts about the identity of a user, CSMiddler shall be entitled to suspend a transaction, disbursement of the credit balance and transmission of the Skin until the identity of the relevant user has been determined.
Should there be indications of fraud or other criminal activities, CSMiddler shall be entitled to prevent, rescind or abort transactions, disbursement of the credit balance and transmission of the Skins until the suspicion has been dispelled.

Blocking and Termination

If users are in breach of statutory provisions, third-party rights or these T&Cs, we reserve the right to issue a warning to users. In case of repeated or severe breaches, CSMiddler shall be entitled to block the user temporarily or permanently. In selecting the measure, the legitimate interests of the user, the nature of the breach and the degree of fault shall be taken especially into account. If a user deceives us as to his/her identity, if payments are made by a third party contrary to these T&Cs of if a user abuses the option of reimbursement of a credit balance, then we shall be entitled to delete the relevant user account immediately.
Users may terminate this Agreement on use of our internet platform at any time, we may terminate subject to observance of 14 days’ notice to the end of the month.
Contracts already concluded shall remain unaffected by blocking, deletion or termination and shall be processed in accordance with the statutory provisions.
In the event of suspected fraudulent activity, CSMiddler reserves the right to block the user’s wallet. In such cases, a manual review may be conducted, and the user may be required to provide additional details, including but not limited to passport details, account information, and any other relevant information deemed necessary for verification purposes. Failure to comply with the verification process may result in a suspension/termination of the user’s account.

In addition, in the event of suspected fraudulent activity and failure to comply with the verification process, CSMiddler reserves the right to refund any remaining amounts in the user’s wallet to the origin payee account.

Collection of Data

CSMiddler collects and processes user data in accordance with the statutory provisions in force. Data requested during transactions shall be forwarded to Trustly Group AB. in accordance with the statutory provisions, for execution of the transaction. Details are set out in the data privacy policy.

Purchases, Orders, Sales, Reservations

A purchase occurs when a user makes payment from their wallet. By initiating a purchase, the user agrees to the terms and conditions outlined herein.
A reservation is made when a user initiates the checkout process. Upon receipt of funds into the user’s wallet, we reserve the right to apply those funds to the reservation order. It is important to note that a reservation does not guarantee exclusive product reservation for the user. Other factors, such as product availability and demand, may impact the final confirmation and fulfillment of the reservation. A reservation may expire after certain amount of time.
If a trade remains inactive for a period exceeding the user’s set auto cancellation time and/or three (3) days, we/the other party reserve the right to cancel the purchase/sale. In such cases, any funds involved in the trade will be returned to their respective parties, and the transaction will be considered null and void.
If a buyer initiates a purchase but fails to create and send a trade offer to the seller, thereby not completing the purchase as required, we reserve the right to cancel the purchase if this incompletion persists for a period exceeding 15 minutes. Additionally, in such circumstances, we shall charge a processing/penalty fee, which shall be a percentage of the purchase amount value. This fee will range from 10% to 20%, at our discretion, and is imposed to cover administrative costs and penalties associated with incomplete transactions. The exact percentage of this fee will be determined based on the specific circumstances of each incomplete transaction.
After a purchase or reservation has been made, there shall be no right of withdrawal or cancellation. Once the transaction is completed, it is considered final and binding on both parties.
After the digital skin or any other digital item has been delivered to the buyer’s account or inventory, we expressly disclaim any responsibility or liability for any subsequent loss, disappearance, deletion, or unauthorized access to the item. The buyer assumes full responsibility for the security, retention, and management of the digital item once the transaction is complete. Any issues or concerns related to the item’s availability or accessibility should be directed to the respective platform’s support or technical team.

Wallet

Our platform provides users with an integrated wallet, allowing them to deposit and withdraw funds easily, but also do purchases. It is important to note that the funds held in the wallet are stored in the accounts of our trusted payment provider, Trustly. We work in collaboration with Trustly to ensure the security and proper management of the funds held in the wallet.
All withdrawals from the wallet must be approved by the CSMiddler team. However, it is important to note that no additional verification is required for purchasing skins or other items using the wallet. As such, it is the user’s responsibility to ensure that their account is secure and that unauthorized access is prevented. In the event of unauthorized access or any security breaches, we shall not be held responsible for any resulting damages or losses.
If a user’s wallet remains inactive, meaning there has been no transaction for a continuous period of 24 months, the user forfeits any rights to the funds held in the wallet.
To ensure transparency, we will make reasonable efforts to notify the user through registered email and/or phone number if their wallet has been inactive for a period of 21 months. Upon notification, the user will have a grace period of 3 months to re-engage with their wallet or respond to the notification.
In the event that our business operations are required to be closed or discontinued, we will make reasonable efforts to notify users and provide a solution for fund withdrawal. This notification may occur through appropriate channels such as email, website announcement, or any other means we deem suitable.
Once the notification is sent, users will have a designated period of 3 months to withdraw their funds from the wallet. After the expiration of this 3-month period, any remaining funds will become the property of CSMiddler, and the user will no longer have any claim or entitlement to those funds.
After transferring any amount, whether partial or the entire balance from your wallet to another user, please note that there is no right of withdrawal. Once the transfer is completed, it is irreversible and cannot be undone. Therefore, it is crucial to verify all transaction details, including the recipient’s information, prior to initiating the transfer. We are not responsible for any unintended or erroneous transfers made by users. Any losses resulting from such transfers are the sole responsibility of the sender. Kindly exercise caution and carefully review all transaction details before transferring any amount from your wallet balance.

The referral-program

You can always view our up-to-date referral terms on the affiliate page. We reserve the right to modify these referral terms at any time. Continued participation in the program following any changes indicates your acceptance of the new terms.
To be eligible for cashback on sales the sale has to meet both requirements outlined below.

a) You are entitled to receive cashback only if the fee amount from the referred user’s sales is greater than the 0.5% cashback amount. This condition ensures that the program remains financially sustainable for our company. In 99% of all cases, this is valid.

b) The cashback reward cannot be combined with any other campaign or offer provided by our company.

To clarify how we identify an user as referred, we specify the process below.

a) Referral Link: To refer someone, they must click on your unique referral link.

b) Cookie Tracking: Upon clicking your link, a cookie will be saved in their browser.

c) Login: The referred user must then log in through the same browser where the cookie is saved for the referral to be valid, because on login we read the cookie.

Participants must comply with all applicable laws and regulations.
Only one referral program by household can be used.
We reserve the right to disqualify participants from the program and revoke rewards in cases of suspected abuse or violation of these terms. Our company shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or related to the Referral Program.

Limitation of Liability, Limitation Period

Our non-contractual liability and liability for breaches of duty is limited to intent and gross negligence.
Claims arising from the contractual relationship between CSMiddler and the user shall become statute-barred after one year. The set period shall commence at the end of the year in which the claim arises, and the creditor becomes aware, or in the absence of gross negligence should become aware, of the circumstances giving rise to the claim and the identity of the debtor.
The limitations in paragraphs 1 and 2 do not apply to damage arising from injury to the life, body or health of the user that is caused by a negligent breach by CSMiddler or by an intentional or negligent breach of duty by a statutory representative or vicarious agent of CSMiddler, or to claims based on a breach of material contractual obligations. Material contractual obligations are obligations that enable proper performance of the contract in the first place, a breach of which jeopardizes achievement of the purpose of the contract. In this respect we are liable for any degree of fault. The curtailment of the limitation period does not apply to liability based on intent or gross negligence.
Further liability for damage of any kind is excluded. In particular, we are not liable for the usability of the contents posted by users.

Indemnification

The user shall indemnify us in accordance with the statutory provisions against all claims made by third parties against us on the basis of an infringement of their rights, claims arising as a result of the posting of contents by the user. The indemnification also includes the costs of a necessary legal defence in the amount determined by law. Upon our request the user shall promptly provide us with all accurate information required for verification and aversion of the claims.

Revocation Policy

The revocation right set out below applies to users who, as consumers, enter into an agreement with CSMiddler.

Revocation Right

You are entitled to revoke this Agreement within 14 days without stating any grounds. The revocation period is 14 days as of the date on which the Agreement is concluded.

In order to exercise your revocation right, you have to inform us (CSMiddler AB) by means of an unequivocal declaration (e.g. a letter sent by post or an eMail) about your decision to revoke this Agreement. You can but do not have to use the attached revocation template for this purpose. In order to comply with the revocation deadline, it is sufficient for notification of exercise of the revocation right to be sent before the revocation period ends.

Consequences of Revocation

If you revoke this Agreement, we shall promptly return to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery we offered), no later than 14 days from the date on which we receive your notification of revocation of this Agreement. For repayment purposes we shall use the same means of payment used by you during the original transaction unless expressly agreed otherwise with you; on no account will you be invoiced for repayment charges.

If you have requested performance of the Agreement prior to expiry of the revocation period, your revocation right will expire if we notify you in advance that you will relinquish your revocation right when you grant your consent to the commencement of performance of the Agreement.

Revocation Template

(Please use this form if you wish to revoke the Agreement)

To CSMiddler AB, Vera Sandbergs allé 5B, 41133 Gothenburg

I hereby revoke the agreement I have concluded for the provision of the following services.

Consumer’s steam ID

Name of consumer

Consumer’s address

Consumer’s signature (for notification on paper only)

Date

The revocation issued to CSMiddler shall not constitute revocation of a sales contract concluded by and between users.

Final Provisions

We reserve the right to amend these T&Cs. An intended amendment will be notified to the user by us in text form with advance notice of one month before the date on which the new standard terms and conditions will take effect. The user’s consent to the new standard terms and conditions will be deemed granted unless he/she informs us of his/her objection to amendment of these T&Cs in text form by the amendment date, provided we have specifically pointed out to the user the significance of his conduct, at the start of the set period for his/her declaration. The user has a right of extraordinary termination with immediate effect, free of charge, up to the date on which the amendment takes effect.

The Agreement between us and the user as well as these T&Cs are governed by Swedish law to the exclusion of the UN CISG unless the user is domiciled within the EU and specific consumer protection provision in the user’s home country are more favorable.

In case of divergences, the Swedish version of these T&Cs shall take precedence over the English version.

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