Русский 
I. General Terms and Conditions.
1. These General Terms and Conditions apply for the business relations between XML Corp. Suite 204 & 205, Victoria House, PO Box 1356, Victoria, Mahe, Seychelles and the customer. Conflicting conditions or conditions divergent from these General Terms and Conditions are not accepted and are hereby emphatically objected by the XML Corp.. Conflicting conditions of the customer only apply when XML Corp. has explicitly agreed in written form.2. The XML Corp. is at any time entitled to change or amend these General Terms and Conditions. For contracts that were placed before the change of the General Terms and Conditions, the version that was valid at the point of the order applies.
II. Fundamental features of the XML Corp. services
1. XML Corp. offers services in connection with virtual goods. These services are destined for a “character” that the customer operates in an virtual goods or for an virtual goods customer account. XML Corp. provides the customer with “virtual goods” that mainly consist of virtual valuables, with which the customer can equip his character or account. XML Corp. does not offer virtual goods of which we know or have reason to believe that they were acquired by means of so-called “cheating”.2. XML Corp. additionally offers to conduct arranged tasks with the customer’s character that lead to an increase in points in the online voucher’s account (high-skilling, high-leveling). XML Corp. takes part in the virtual goods with the customer’s account or character respectively until the goals that were agreed-upon are reached. This service especially includes the carrying out of specific tasks (“quests”) such as reaching a certain number of experience points or “levels” or obtaining certain “skills.” XML Corp. does not use “cheats” to carry out these tasks.
III. Customer requirements
The customer has to fulfill certain requirements depending on the virtual goods in order to be able to use the services of XML Corp.. These requirements usually consist of being registered with the operating company of the virtual goods, to have an account and to virtual goods. We point out the resulting legal relations with the operating company and the connected costs.IV. Risks for the customer regarding the services
1. XML Corp. takes all possible precautions in order to keep the customer’s account information secret and to avoid spying by a third party. The customer is obliged to enhance the security by means of encrypted data transmission and changes of password after the service provision.2. XML Corp. is not an operator of virtual goods and therefore does not take responsibility for circumstances that lie beyond its sphere, especially regarding the accessibility or operation of the particular virtual goods after the service provision by XML Corp..
3. The use of services by XML Corp. can lead to the closing of the customer’s account by the operator of the virtual goods or similar measures. In these cases XML Corp. does not take any liability.
V. Steps to the Conclusion of the Contract
1. The customer chooses a product by clicking the button “buy now.” The product will be placed into the shopping cart and the shopping cart will be displayed with the relevant product information. In order to select another product the customer can navigate towards it and click on it. The product will be added to the shopping cart and the updated shopping cart with the articles that it contains will be displayed. This process can be repeated. The updated content of the shopping cart can be viewed by clicking the button “update.” Products can be removed from the shopping cart by clicking the button “remove”. 2. When the customer has completed his selection, he clicks on the “pay now “ button. If he is not registered yet, he has to complete a registration now by clicking on the link “continue” for new customers and following the instructions. Registered users enter their registration information and click on the “log in” button. 3. The customer thereby gives a binding offer to XML Corp.. Entry errors can be corrected via the common keyboard and mouse functions before sending the order. VI. Conclusion of the contract 1. The article catalogue that is displayed on this website does not constitute an offer in a legal sense, but rather an invitation to the customer to submit an offer. Not until the customer places an order does he extend his offer towards a conclusion of a contract between the XML Corp. and the customer.2. After the incoming of the customer’s offer at XML Corp., the customer receives a confirmation email that confirms the incoming of the order at XML Corp. (order confirmation).
3. The customer has to make sure that his reachability via Email is guaranteed so that Emails from XML Corp. can reach him. He should therefore check the security settings, for example of the spam-filter and possible junk mail-accounts.
4. The conclusion of the contract between the customer and XML Corp. is only effectuated when the customer receives an explicit order confirmation. This order confirmation contains all details regarding the customer’s order and can also fulfill the function of an acknowledgement of receipt.
VII. Payment
1. The payment methods are limited to advance payment (bank transfer, Liqpay and various E-Currencies listed). The payment methods debit and cash on delivery are not possible. The payment on account is only possible under certain circumstances and only XML Corp. is authorized to offer this payment method. For payment on account, the payment period is 10 days.2. The customer is only entitled to the right to offset when his counterclaim has been legally decided or is undisputed.
3. The customer can only exercise a right of retention when his counterclaim is based on the same contractual relationship.
VIII. Scope of services and service reservations
1. XML Corp. generates the services that are agreed upon via contract according to the current status of the virtual goods concerned. Especially in cases of changes of the virtual goods by the operator, XML Corp. reserves the right to render the services divergent from the information on the website, as long as the basic service content is not affected by this.2. By means of service provision, XML Corp. transmits only such rights onto the customer to which XML Corp. is authorized to having in regards to the immaterial and other rights of the game operator.
3. XML Corp. is authorized to withdraw from the contract as far as it does not receive the object of services despite previous conclusion of a contract. XML Corp. will immediately inform the customer regarding the failure of the delivery to us from our suppliers and will refund the already received payment promptly without delay in case of the customer’s withdrawal from the contract.
IX. Service time and default
1. The rendering of services takes place after the payment has been received on the account of XML Corp..2. The delivery deadline is to be gathered from the article description. The customer is authorized to withdraw from the purchase if the rendering of services is not possible due to extraordinary situations.
3. In case of a failure to comply with the delivery deadline for other reasons, the customer is further authorized to set an adequate grace period in writing under penalty of refusal and to withdraw from the contract after the unsuccessful expiration of the contractual services or delivery. XML Corp. reserves the right to partial performance if this option seems beneficial for a speedy processing and is reasonable for the customer.
X. Receipt of Services
1. The modalities for services and receipt of services by the customer are adjusted to the respective circumstances of the virtual goods and are to be taken from the article description.2. For the provision of virtual goods, acts of cooperation by means of the contract partner might be necessary, especially regarding a virtual manner of acceptance in such a way that one of each contract party's characters meet in the virtual goods in order to exchange the virtual goods. In such a case, XML Corp. will suggest date, time and location of the meeting to the customer and take the customer’s wishes into consideration as far as possible.
3. The services for “high-skilling” or “high-leveling” comply with the virtual goods’s guidelines. It requires at least the transmission of the account dates (login-name and password and further information) by the customer to XML Corp.. In the course of the service provision and the use of the account by XML Corp. the customer is not allowed to use the account simultaneously.
XI. Limitation of Liability
The liability of XML Corp. for contractual breaches of duty as well as offense is limited to criminal intent and criminal neglect. This does not apply for injuries of life, body or health of the customer or claims regarding breach of cardinal obligations or compensation for damage caused by delay. In the aforementioned respect, XML Corp. is liable for any degree of fault.XII. Guarantee
The guarantee takes place according to the legal provisions.1. The stated prices are retail prices including the legal sales tax not including costs of delivery if applicable.
2. The contract data consisting of the wording of the contract and the general terms and conditions are saved by XML Corp.. The customer can request the saved data after the conclusion of the contract from XML Corp. via Email (Email address: support@xmlgold.net) The customer can furthermore print or save the contract data within the context of the order transaction via the browser’s menu navigation or via keyboard combinations (Strg p, Strg s).
3. The contractual language is in English. Contends in other languages on this webpage are non binding translations.
4. If the customer is a merchant or has no general jurisdiction (legal domicile) within the country, Seychelles is the exclusive local jurisdiction for any disputes arising from this contractual relationship.
5. Seychelles law applies to the exclusion of the Uniform Law on the International Sale of Goods (CISG).
6. Should one clause of this agreement become completely or partially ineffective or loses its validity later on, the validity of the remaining regulations remains unaffected. In place of the ineffective regulation the legal specifications apply.
Operator of this Webshop: XML Corp. Suite 204 & 205, Victoria House, PO Box 1356, Victoria, Mahe, Seychelles, Reg No: 068955 Email: support@xmlgold.net
