Terms And Conditions
Latest updated 27 September, 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 can offer, sell and purchase, digital games contents, so-called “Skins”.
CSMiddler is the agent between buyers and sellers with limited responsibility for such transaction as is normally borne by an agent between two parties. 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.
EcommBX Limited (hereinafter: “EcommPay”) is the payment service provider processing the payments and payouts. EcommPay and their provided payment and payout processing services are totally independent from CSMiddler. By doing a payment or payout, users must consent to the standard terms and conditions of EcommPay, available on their website.
CSMiddler reserves the right to change the payment service provider and/or the e-wallet solution used for transactions at its discretion. In the event of such changes, CSMiddler will provide users with a balance greater than 0 in their e-wallet with at least one week’s notice. It is the user’s responsibility to ensure that their contact information is up to date to receive such notifications.
EcommPay Limited is authorized by the Financial Conduct Authority under the Payment Services Regulations 2017 (firm reference number 607597) as an authorized payments institution to provide payment services. The ECOMMBX Group holds a Cyprus Electronic Money Institution regulated by the Central Bank of Cyprus (license no. 115.1.3.20/2018) for providing payment and e-money services.
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. Companies may be allowed to create accounts, but only with prior written consent from an authorized legal representative of CSMiddler.
Adolescents 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.
In cases where there are doubts regarding the identity of a user, CSMiddler reserves the right to request appropriate proof of identity to verify the personal information provided, to establish the user’s identity and prevent fraud. The submission of identity documentation for third parties is strictly prohibited. CSMiddler may suspend or terminate accounts that fail to provide the requested proof of identity in a timely manner, or incorrect documentation.
To verify user identities and prevent fraud, CSMiddler may utilize third-party services such as SumSub or other similar providers. By creating an account, you agree that your personal information may be shared with such third-party services solely for the purpose of identity verification. These third-party providers are subject to their own terms and privacy policies, and CSMiddler is not responsible for the actions or errors of these services. CSMiddler reserves the right to suspend or terminate accounts that do not comply with the verification process or if identity cannot be satisfactorily verified.
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, if not explicitly approved by CSMiddler.
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, 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 agent 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 or seller.
The legitimacy of the fee(s) 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, balance and account. 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, including frozen wallet balance.
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, however this is not mandatory.
Collection of Data
- CSMiddler collects and processes user data in accordance with the statutory provisions in force. Data requested during transactions may be forwarded to our partners 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 is considered complete when a user creates a checkout and successfully pays for the total value of the items in the checkout cart. By initiating a purchase, the user agrees to the terms and conditions outlined in these Terms of Service. The purchase and sale hereinafter referred to as a Trade.
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 prolonged period, or exceeds the duration specified by CSMiddler at any point, either CSMiddler or the other party involved in the trade reserves the right to cancel the trade. In such instances, any funds or assets involved in the Trade will be returned to their respective parties, and the transaction will be considered null and void. However, CSMiddler reserves the right to charge a fee to the party responsible for causing the trade to fail or remain inactive. This fee will range from 0% to 15%, 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.
CSMiddler provides a trust-based trading system, acknowledging that it cannot verify whether a trade offer has been sent or accepted. To protect users, a dispute resolution process is in place. Buyers who believe they have not received the item as agreed are required to initiate a dispute through the designated functionality provided by CSMiddler. The dispute must be submitted through the specific dispute feature available on the platform. Any other forms of communication, such as emails or support tickets, will not be considered valid for initiating a dispute. It is the buyer’s responsibility to ensure the dispute is filed within the timeframe set by CSMiddler, often 12 hours or more. If the dispute functionality is not available or functioning, the buyer must notify CSMiddler’s support team immediately to resolve the issue.
Upon the initiation of a dispute, CSMiddler will contact both the buyer and seller, giving each party the opportunity to provide proof of their actions regarding the trade. Proof must be submitted within a timely manner, typically 24 hours from the time of contact, unless otherwise specified. CSMiddler reserves the right to make the final decision on the outcome of the dispute, based on the evidence provided. The decision made by CSMiddler will be binding and cannot be appealed.
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.
In the event that any errors occur during the purchase process—such as the unintended purchase of incorrect items, duplicate items, or items at incorrect prices without your explicit instruction to proceed to checkout—you are required to take the following actions:
If you receive any trade offers resulting from such an error, you must not accept them under any circumstances.
Promptly reach out to the other party involved in the transaction to inform them of the error and to mutually agree to halt any exchange of items.
You must immediately inform CSMiddler of the error by contacting our support team. Provide all relevant details so we can take appropriate action to rectify the situation.
Failure to comply with these requirements may result in the suspension or termination of your account and loss of both inventory as well as balance.
Wallet
Our platform provides users with an integrated wallet, allowing users to deposit and withdraw funds easily, but also do purchases and other transactions. It is important to note that the funds held in the wallet are stored in the accounts of our trusted payment provider specified previously. We work in collaboration with this provider to ensure the security and proper management of the funds held in the wallet.
CSMiddler and its third-party payment provider may impose transaction limits or fees on deposits, withdrawals, or transactions made through the e-wallet. Such limits and fees will be clearly communicated to users before transactions are completed. Users are responsible for reviewing these terms before initiating any
CSMiddler reserves the right to modify, add, or remove payment and payout methods as well as the related fees available on the platform at any time. Certain methods may become unavailable without prior notice. CSMiddler will make reasonable efforts to inform users of any changes in payment or payout options, but users acknowledge that the availability of such methods may vary, and CSMiddler is not liable for disruptions or inconveniences caused by these changes.
If a user’s wallet remains inactive, meaning there has been no transaction for a continuous period of 6 months, the user forfeits any rights to the funds held in the wallet.
It is the user’s responsibility to ensure that all information provided for deposits, withdrawals, and transactions via the e-wallet is accurate and up-to-date. CSMiddler is not liable for errors or delays caused by inaccurate or incomplete information submitted by the user.
By using the e-wallet, users agree to comply with applicable Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations. CSMiddler and its payment provider may request additional information or documentation from users to ensure compliance with these regulations. Failure to provide such information may result in delays, suspensions, or cancellations of e-wallet services.
CSMiddler does not guarantee uninterrupted access to the e-wallet service. Maintenance, technical issues, or other factors beyond CSMiddler’s control may result in temporary unavailability of the e-wallet. Users acknowledge that CSMiddler is not liable for any losses, delays, or inconveniences caused by the unavailability of the e-wallet service.
CSMiddler and their third-party partners reserves the right to monitor e-wallet transactions for signs of fraud, misuse, or other suspicious activity. In cases of suspected fraud or misuse, CSMiddler may temporarily suspend or terminate the user’s access to the e-wallet, pending investigation. Users found to be engaging in fraudulent or illegal activities will have their accounts terminated, and any remaining funds may be withheld, refunded or forfeited at CSMiddler’s discretion.
CSMiddler utilizes third-party payment providers for payment processing and e-wallet services. If these providers, including but not limited to our previously mentioned payment provider, freeze or terminate our accounts, CSMiddler may be unable to process transactions, access funds, or provide related services. Users acknowledge that CSMiddler is not liable for any disruptions, delays, or losses caused by such actions, as they are beyond our control. CSMiddler will make reasonable efforts to resolve any issues and notify users promptly of any interruptions.
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.
CSMiddler is not responsible for non-compliance with our obligations under this agreement due to factors beyond the control of CSMiddler (force majeure).
CSMiddler may not be liable to you or any third party for any indirect damages or consequential damages, for loss of data, profits, income or business, how it might have been caused (whether due to negligence or breach of this agreement or otherwise) even though such loss or damage could have been foreseen by CSMiddler or if CSMiddler had been made aware of the possibility of potential damage.
Further liability for damage of any kind is excluded. In particular, we are not liable for the usability of the contents posted by users.
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.
CSMiddler accepts liability for losses up to a maximum of €1000 EUR, but only if the loss can be directly attributed to a fault on CSMiddler’s part. CSMiddler is not responsible for losses resulting from issues such as (including but not limited to) the breach of a specific end-user account, including but not limited to breaches of the user’s Steam account or other third-party accounts.
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
- You are entitled to revoke this Agreement within 14 days, except in cases where you have funds in your wallet or pending transactions. If your account contains a balance or is involved in any ongoing transactions, revocation will not be permitted until these are fully settled. Additionally, any records related to transactions, KYC, or AML screenings will be retained as required by law and cannot be deleted.
Limitations on Deletion
- For compliance with AML/KYC laws, transaction records, identity verification data, and any related legal requirements will be stored indefinitely, even after account closure.
- The revocation issued to CSMiddler shall not constitute revocation of a sales contract concluded by and between users.
Revocation Template
(Please use this form if you wish to revoke the Agreement)
To CSMiddler AB, Stora Nygatan 31, 41108 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
Final Provisions
We reserve the right to amend these T&Cs. An intended amendment will be notified through the website with advance notice of one (1) week 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.
In case of divergences, the Swedish version of these T&Cs shall take precedence over the English version.
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support@csmiddler.com CSMiddler AB 559381-1440
Vera Sandbergs Allé 5B, 411 33, Göteborg
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