Version 1.01, last amended 2024-10-01

 

1. General Provisions
    1. These Terms and Conditions together with Privacy Notice and any other Shop’s documentation are intended to provide information on NEXTSKIN, provide to Users and NEXTSKIN the rules on acceptable behaviour on the Shop and to establish basic guidelines for persons dealing through the Shop.
    2. Shop is an online venue that provides video game enthusiasts with a safe space to connect and purchase various gaming related content, offered by NEXTSKIN participating within the Shop.
    3. Please note that all the transactions are being conducted between Users and NEXTSKIN.
    4. For avoidance of doubt:
      1. sales carried out through the Shop are made between Users and NEXTSKIN while NEXTSKIN only provides services related to establishing and maintaining the Shop and providing additional services related to ensuring a smooth and safe experience for Users.
      2. these Terms and Conditions set out contractual relationships between NEXTSKIN and Users in relation to NEXTSKIN administering the Shop;
    5. Notwithstanding the above, solely for the purposes of maintaining NEXTSKIN brand, ensuring smooth functioning of the Shop, and avoiding unfair practices and illegal activities on the Shop, NEXTSKIN reserves the right to set out general guidelines related to selling and buying digital content or physical products via the Shop.
    6. Please be advised that these Terms and Conditions may change from time to time in accordance with the procedure provided in Section 3.6 below. NEXTSKIN strongly recommends Users to read the Terms and Conditions from time to time in order to fully familiarize themselves with the particular terms in force at any given time.
2. Definitions

Digital Content – digital content which has the activation code and can only be used after it is activated on the User’s computer Shop or other digital content offered for purchase by NEXTSKIN via Shop.
NEXTSKIN – BLOCKSAFE TECHNOLOGIES LIMITED, with its registered office MITSI BUILDING 3, Floor 3, Flat/Office 310, Arch. Makariou III 1, 1065 Nicosia, Cyprus.
Shop – this Shop which is made available on the Internet under the address: www.NEXTSKIN.com 
Privacy Notice – rules that set personal data and privacy protection processes that are applied by NEXTSKIN.
Service – one of the services which are provided by NEXTSKIN as described in these Terms and Conditions.
Terms and Conditions – this set of rules that determines the rights and obligations of Users and NEXTSKIN and the terms regulating the use of the Shop.
User – a natural person who acts in relation to these Terms and Conditions for the purposes other than their trade, business, craft, or profession (i.e., consumer), and has made a purchase using Shop and (or) has an intention to purchase Digital Content.

3. Applicability of these Terms and Conditions
    1. Users and NEXTSKIN hereby agree to and accept these Terms and Conditions in its entirety and without any reservations. Acceptance of these Terms and Conditions is a necessary condition for rendering Services.
    2. For avoidance of doubt, these Terms and Conditions are also applicable to any anonymous users that enter the Shop and by entering, such persons accept these Terms and Conditions  and any other Shop’s documentation.
    3. Users who are prohibited from using the Shop due to regulations of the respective state or regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Shop.
    4. Each User confirms that they are at least 16 (sixteen) years old or have reached the age under respective country’s laws which allows them to assume responsibility for obligations emerging from contractual relations and has a full capacity to take legal actions. Also, each User confirms that there are no restrictions under respective country’s laws for them to use Services provided by NEXTSKIN.
    5. NEXTSKIN has the right to make changes and modifications to these Terms and Conditions, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments of the Terms and Conditions on the Shop. By further using of the Shop Users and NEXTSKIN confirm being bound by all changes to these Terms and Conditions. The amendments of the Terms and Conditions come into effect in 10 (ten) days after the announcement on the Shop unless it is explicitly stated otherwise.
    6. Users and NEXTSKIN may enter into additional separate agreements with NEXTSKIN. In case of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of additional agreements shall prevail unless explicitly provided otherwise in the said additional agreements.
    7. NEXTSKIN communicates with Users and NEXTSKIN by sending e-mails, through the Shop Account’s electronic system by leaving notices to them, or through distribution of notices via communication channels within other services. Users and NEXTSKIN unconditionally consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that NEXTSKIN electronically provides shall meet any legal requirements of such communication in writing.
4. Service Fees
    1. Using the Shop is free of charge for the Users. NEXTSKIN’s  is collecting payments from the sale price of Digital Content specified in Shop. To the amount of the fees for such additional services NEXTSKIN may add the amount of Value Added Tax (VAT) at the rate applicable at the User’s place of residence on the territory of the European Union which is related to VAT obligations in conformity with the Community Law, in particular Art. 58 of Council’s Directive 2006/112/WE and the Implementing Regulations No 282/2011 and 1042/2013.
    2. Users and NEXTSKIN are solely responsible for paying fees and taxes relating to their use of Services available on the Shop. Users and NEXTSKIN are particularly responsible for paying due taxes, fees or other due amounts required in connection to the contracts entered into via the Shop on their own. In any case NEXTSKIN shall not be responsible for settling such fees and taxes. If a certain payment method shall fail or an invoice is overdue, NEXTSKIN reserves its right to demand payment by way of another method of payment including all possible additional costs of such method.
    3. Whenever NEXTSKIN provides Services to any person who is considered to be an entrepreneur, such person acknowledges and agrees to account for any due Goods and Services Tax (GST), VAT, Sales Tax or any similar tax via the applicable reverse charge mechanism.
5. Terms and Conditions of Use
    1. Users are bound not to abuse NEXTSKIN Services and only use it as it is established by law and these Terms and Conditions. Inappropriate use of Services could cause negative effects to NEXTSKIN or third persons and if Users violate the terms of use of Services, they are responsible for eliminating all caused damage.
    2. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by NEXTSKIN or their owners, licensors, suppliers, publishers or other authorized persons.
    3. Any intellectual property objects such as any texts, graphic materials, interactive functions, logos, photographs, files, software on the Shop, except for those uploaded, transmitted, made available, published by Users and NEXTSKIN, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Shop constitute intellectual property of NEXTSKIN. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights. Any such rights are reserved for NEXTSKIN. Any trademarks, marks and trade names constitute NEXTSKIN property.
    4. Unless with written express NEXTSKIN consent, neither Users nor NEXTSKIN are allowed to: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Shop nor use them otherwise. It is forbidden to retrieve the Shop content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without express written permission of NEXTSKIN. The use of any content or materials available on the Shop for purposes not specified in the Terms and Conditions is prohibited, especially any use, publication, copying in any form – whether electronic, mechanic, photographic or other (All Rights Reserved).
    5. Users are obliged to read and accept Terms and Conditions and Privacy Notice, as well as any other Shop’s documentation, in order to ensure the protection of their personal data uploaded through the Shop. By using the Site, each User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy Notice. 
    6. NEXTSKIN is allowed to provide Users hyperlinks on the Shop (i.e., banners, channels) with access to the content, products or services offered by other providers leading them to the websites of such providers. NEXTSKIN is not liable for the certainty, accuracy or trustworthiness of information submitted by mentioned providers. NEXTSKIN recommends reading all documents on sites of such providers. Users acknowledge that NEXTSKIN has no control of these providers actions.
    7. Users and NEXTSKIN including, but not limited to, confirm and state that they:
      1. will not publish any improper or faulty information which may be harmful to NEXTSKIN and Users;
      2. will not upload or spread any information on the Shop which could violate laws, contractual agreements or third persons’ rights. Such potentially sensitive information could be copyrighted material, personal data, trade secrets and other;
      3. will not attempt to hack, modify, disable or affect in any other way the Shop or challenge its security;
      4. will not use the Shop for any other purposes than as it is intended to be used considering the purposes of NEXTSKIN Services;
      5. will not try to collect any personal data which is being held at the Shop system without the consent of particular data subject and will not offend or deceive other Users or NEXTSKIN;
      6. will not use the Shop for any illegal purposes or for violating any laws, including provisions relating to copyright, intellectual property rights and other property rights protection;
      7. will not try to interfere with the Shop’s activity or prohibit other Users or NEXTSKIN from using the Shop (or making it difficult to use);
      8. will not make transactions with money from illegal or undisclosed sources.

      9. All the actions mentioned above include attempts of performing one of them or creating circumstances for such actions to materialize.
    8. NEXTSKIN ARE STRICTLY PROHIBITED FROM LISTING AND SELLING ANY DIGITAL CONTENT WHICH INFRINGE THE APPLICABLE LAWS, THIRD PARTY RIGHTS (INCLUDING COPYRIGHT) OR THESE TERMS AND CONDITIONS.
6. Invoicing
    1. Users are entitled to request NEXTSKIN to issue invoices related to purchases made by Users via the Shop.
    2. NEXTSKIN acknowledges, agrees and confirms that it is aware that it shall  be responsible for issuance and delivery of the invoice due to the sale of Digital Content in accordance with applicable law.
7. Refund
    1. The Client shall be entitled to a refund within fourteen (14) days from the date of purchase, subject to the terms and conditions of the Shop. This refund entitlement is valid only if the Client has not activated or displayed the product key. Due to the digital nature of the product, refunds will only be processed if the product key has not been accessed or used in any way. If the key has been accessed or displayed, the Client forfeits their right to a refund.
8. Marketing and ranking of Digital Content
    1. NEXTSKIN reserves the right to use variety of marketing channels (including, but not limited to use of online, offline, television or other types of ads, social media content, newsletters, affiliate marketing partners, promoted articles) to advertise the Shop and Digital Content available on the Shop.
    2. NEXTSKIN ranks available Digital Content according to lowest price, unless indicated differently in the relevant Shop section (such as grouping them according to the type of Digital Content). NEXTSKIN may also promote their Digital Content by purchasing promoted auctions.
9. Liability
    1. NEXTSKIN’s liability is excluded in relation to: 
      1. Users or NEXTSKIN acting beyond NEXTSKIN control and resulting in dealing damage (i.e., violated Terms and Conditions, Privacy Notice, applicable laws, provided access to the Account to another person or performed other actions);
      2. any adverse consequences resulting from access, use of or inability to use the Shop due to reasons beyond NEXTSKIN control;
      3. any actions taken by NEXTSKIN in relation to Users related to infringement of these Terms and Conditions or applicable laws. Such include suspending or terminating Accounts or limiting functionality of the Shop;
      4. implications of any access to data and information being reached by third persons in an unauthorised way which was not possible to track in time, unless NEXTSKIN did not take reasonable actions as soon as possible to prevent the consequences, also where any adverse consequences to private data occur subject to actions and omissions of Users and NEXTSKIN;
      5. any adverse consequences due to viruses, trojan horses etc. which may be transferred to the Shop or through the Shop by third parties, except that NEXTSKIN shall ensure that all the reasonably available measures are taken to remove such threats;
      6. laws or any third-party rights infringed by Users and NEXTSKIN, in particular in relation to any damages caused to third parties by Users and NEXTSKIN as a result of violating copyrights, industrial property rights, etc., in particular for any demands in relation to the transmission, distribution, publication, offering, presentation of data to which the third persons have the claims or rights to the Digital Content;
      7. transaction of purchase being not completed because of the technical problems in one of the proposed payment methods on the Shop;
      8. purchased Digital Content not working in a way that it should be;
      9. Users or NEXTSKIN submitting false or untrue statements, information, assurances and data subject to the Terms and Conditions, Privacy Notice and any other Shop’s documentation;
      10. any form of damage caused by Users or NEXTSKIN because of their non-performance or improper performance of Terms and Conditions, Privacy Notice or other documents of the Shop, as well as any rights and obligations towards each other.
    2. Users and NEXTSKIN are solely responsible for the performance of their Sale Contracts.
    3. NEXTSKIN declines all guarantees that consist of condition, suitability, quality or functioning warranties related to the services available on the Shop, as well as Digital Content sold by NEXTSKIN. NEXTSKIN is only liable for proper availability of using Services. NEXTSKIN shall be solely responsible for the Digital Content sold via the Shop. NEXTSKIN shall not bear any liability against any third parties related in particular to non-performance or improper performance by NEXTSKIN of their Sale Contracts entered into with Users, or to any delict committed by NEXTSKIN, any infringement by NEXTSKIN of the law in force or related to any false information, assurances or statements submitted by NEXTSKIN.
    4. To the fullest extent permitted by law, all services provided by NEXTSKIN on or via the Shop are made available on an AS IS, IF AVAILABLE, and WITH ALL DEFECTS basis, and NEXTSKIN hereby expressly declines all warranties, including but not limited to any warranty of condition, quality, durability, functioning, reliability, merchantability or suitability for any specific purpose of the Digital Content sold by NEXTSKIN, unless consumers rights protection laws provide otherwise.
10. Events Outside NEXTSKIN Control
    1. NEXTSKIN will not be liable or responsible for any failure to perform, or delay in performance of, any of NEXTSKIN obligations under these Terms and Conditions that is caused by an Event Outside NEXTSKIN Control.
    2. An Event Outside NEXTSKIN Control means any act or event beyond NEXTSKIN reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside NEXTSKIN Control takes place that affects the performance of NEXTSKIN obligations under these Terms and Conditions:
      1. NEXTSKIN will contact the affected Users and NEXTSKIN as soon as reasonably possible to notify such; and
      2. NEXTSKIN obligations under these Terms and Conditions will be suspended and the time for performance of NEXTSKIN obligations will be extended for the duration of the Event Outside NEXTSKIN Control.
11. Complaints
    1. If Users or NEXTSKIN have experienced any violation of their rights caused by NEXTSKIN Services provided in Terms and Conditions and/or Privacy Notice, they have the right to file a complaint. The complaint must be sent to NEXTSKIN by the Shop’s help centre or to e-mail support@nextskin.com which puts its best efforts to have all complaints resolved within 14 (fourteen) days after receiving such.
    2. If the User purchased the Digital Content and has not reviewed such on the Shop, they may return such Digital Content provided that the NEXTSKIN grants the User a right to return purchased Digital Content. NEXTSKIN shall unequivocally determine and indicate in its terms of sale whether they grant such right with regard to a given Digital Content or a given User. 
    3. When communicating with NEXTSKIN or other Users, each User agrees to refrain from obscene, immoral or aggressive language, insults, vulgarities, threats or otherwise inappropriate language.
12. Final Provisions
    1. Privacy Notice and any other Shop’s documentation are integral part of these Terms and Conditions and bind all Users and NEXTSKIN.
    2. Without the permission of NEXTSKIN, Users have no right to transfer their obligations, claims or rights to third persons. Users agree that NEXTSKIN shall have the right to transfer its rights and obligations arising from the agreements to third persons. NEXTSKIN will inform of such transfer on the Shop.
    3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
    4. These Terms and Conditions and the relations between NEXTSKIN and Users in respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed by and interpreted in accordance with the laws of the Republic of Cyprus unless the domestic law applicable to the User being a consumer provides otherwise. Any dispute, controversy or claim, arising out of or relating to these Terms and Conditions, their breach, termination or validity shall be finally settled in the respective court of the Republic of Cyprus subject to the rules of jurisdiction, unless the domestic law applicable to the User being a consumer provides otherwise.
    5. Except otherwise provided in these Terms and Conditions, no delay of NEXTSKIN or User to exercise any right or to perform an obligation under these Terms and Conditions shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed, or this right may not be exercised in the future.
    6. All the data and information stored on the Shop can be used by NEXTSKIN on purpose to its functioning.
    7. Communication with NEXTSKIN support proceeds through the e-mail address support@NEXTSKIN.com.
    8. Different countries’ laws may cause unavailability for some Users or NEXTSKIN to use respective services of the Shop.
    9. To the extent allowed by the applicable local laws, Users and NEXTSKIN understand and agree that information on the Shop as well as in the communications between Users and NEXTSKIN may not be available in their local language, and accept to receive this information in English or other support language.
    10. In the event Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise or unless such apparent inconsistency arises out of a difference in legal requirements in a specific jurisdiction.