Last update on: 27 July 2023
(a) Opening Section
(i) These terms and conditions establish the relationship between the User or Users and the entity Sunwoo Trading Ltd, operating mydigitalgadgets.com.
(ii) By accepting these terms and conditions, the User acknowledges and agrees to enter into a legally binding contract with the Company. Furthermore, the User confirms that they possess the legal capacity to act and make commitments in accordance with the laws of their country of residence.
(iii) This contract serves as a general contract that applies to all individual contracts for the purchase and sale of goods and/or services ordered by the User. Once the Company delivers the relevant goods/services, and the User makes the corresponding payment, each specific contract is considered completed. To document each transaction, an invoice or receipt for payment will be provided to the User. This way, the terms and conditions outlined in the general contract govern and complement the specific agreements between the User and the Company.
(b) Objective and Scope of the Contract
(i) By accepting this contract, the User agrees that the Entity will provide products (physical and/or digital) and/or services available on the website for purchase or contract. The User is obligated to pay the specified price for each good or service they choose from the offerings on the Website.
(ii) The User has two options on the Website: they can either purchase the products of their choice directly, or they can opt to join the membership incentive program. By becoming a member, the User can avail themselves of more advantageous conditions, including recurring credit top-ups.
(iii) The Website retains the discretion to determine the range of goods and services available on the platform, as well as the existing stock for each product. The Company reserves the right to modify the availability of products and services as it deems appropriate.
(iv) Additionally, the prices of the products available on the Website may differ for member and non-member users. These prices are subject to market fluctuations and are influenced by the offers provided by third-party suppliers. Users may take advantage of preferential pricing and other benefits by participating in the membership program.
(c) Digital products and services
(i) The Website offers a variety of digital products, including license keys and e-books, that do not require physical delivery. Users can purchase these products, with a limit of one purchase per user account for items described as "license keys" or "activation keys," unless otherwise specified.
(ii) Upon completing the purchase of certain digital products, the User will receive instructions in the order confirmation email sent to their registered email address. In case the User does not receive the activation instructions, they can reach out to customer services for assistance.
(iii) Once activated, digital products can be used immediately through the corresponding license key. Users can access these products by directly downloading them from the Website or by receiving them via email. Due to the instant usability of digital products, returns and refunds for such items are not permitted.
(iv) If the User encounters any issues receiving a digital product due to problems with their email provider or mail server, they can contact the customer service department for support.
(v) It is important to note that the Company holds the right to cancel orders for digital products if it identifies any activity that is deemed abusive, fraudulent, or in violation of the agreed terms and conditions.
(d) Goods Delivery
(i) The Website provides the estimated delivery time for each product, typically within the timeframe of 2 to 7 working days, unless otherwise specified. In any case, delivery will be completed within a maximum of 30 calendar days from the order placement.
(ii) The Company uses professional carriers specifically contracted for shipping and delivery purposes. These carriers will deliver the products to the address provided by the User during the order process.
(iii) If, for any reason, a product is not delivered within the agreed-upon period, the User is responsible for notifying the Company about the delay.
(iv) The Company retains the right to utilize third-party suppliers for the distribution of products or the provision of contracted services, including transportation services.
(v) Upon delivery of the product, if the User fails to accept it, they will be responsible for any expenses incurred and will assume the risk for any loss or accidental damage to the product.
(vi) The responsibility for the product transfers to the User from the moment of delivery.
(vii) The User will acquire ownership of the products either upon full payment of the price, including shipping costs, or upon the moment of delivery, depending on which occurs later.
(e) Membership incentive program
(i) The membership incentive program allows Users to participate in a recurring purchase program, acquiring credits that can be later exchanged for goods and/or services offered on the Website at reduced prices. By joining the membership program, Users commit to purchasing the corresponding amount of credits or bonuses every 14 days, as per the chosen membership plan available on mydigitalgadgets.com or other marketing offers.
(ii) Membership can be obtained by following the procedures outlined on the Website or by purchasing any product at the membership price and accepting the associated conditions. Users have the flexibility to change their membership plan to a lower or higher one at any time from their personal account. The change will take effect from the next automatic payment charge. If the full price of the membership plan is not paid on the due date, the User will be automatically demoted to the next lower membership plan, with access to the most basic plan that has a monthly cost of €7.50 .
(iii) Users are required to perform an automatic top up of credits every 14 days, and for each euro paid, they will acquire one credit. The top up of credits will be visible in the User's personal account on the Website and will be valid for 90 days from the acquisition date. After this period, they will expire and cannot be used to exchange for products on the Website.
(iv) Upon each automatic top-up, the User will receive a confirmation notification of the payment made. Additionally, Users have the option to skip the following automatic credit top up by selecting this option in their personal account before the next scheduled payment is due.
(v) If the User wishes to cancel their membership plan, they must communicate the cancellation via the “Unsubscribe” function in their personal account or by contacting customer service. The membership will be effectively and definitively cancelled after this communication.
(vi) If the membership is terminated, any benefits linked to it will be terminated as well. The credits will become invalid once the designated period of time has passed. The Website offers sign up trial periods for various membership plans. If the User does not wish to continue with the membership plan after a sign up trial period, they must cancel it before the sign up trial period ends to avoid future credit top up based on the selected plan.
(vii) As a welcome gift, the Website may offer free or reduced-price redeemable credits. The applicable prices and plans will be those shown on mydigitalgadgets.com and in any marketing offers. These credits are subject to expiration according to the membership plan and the probationary period's terms. In case the sign up trial period of the membership is terminated, the free credits provided will also be cancelled.
(viii) Special offers and discounts are subject to The Company’s discretion.
(f) Rates and taxes
(i) The prices of the products or services displayed on the Website, or in any relevant marketing offer, are applicable at the time of confirming the order or enrolment to the service. The User is advised that slight price variations may occur due to differences in currency exchange rates, and the Company shall not be held responsible for such fluctuations.
(ii) The Company retains the right to modify the prices of the products or services offered at any time. In the event that the User is enrolled in a membership plan, they will receive sufficient advance notice of any price changes, providing them with the option to cancel their membership before the revised prices take effect.
(iii) Product prices may vary depending on the User's participation in the membership program. Generally, member users will enjoy considerably lower prices compared to non-member users. Please note that the displayed prices do not include the shipping service required to deliver the order, which will be outlined during the order process.
(iv) The prices listed for the products include the applicable Value Added Tax (VAT) or any equivalent indirect tax, as per the legal regulations in the country of consumption. It is essential to acknowledge that the VAT rate applied to each product depends on the specific item purchased, as certain products on the website may be subject to the standard VAT rate, while others may be subject to reduced VAT rates, in accordance with the applicable laws.
(v) For orders placed from non-EU countries, Users may be obligated to pay import duties and taxes, which may be imposed upon the package's arrival at its destination. Any additional charges resulting from customs clearance will be the responsibility of the User. The Website has no control over these charges as each country has its own import policies for products. Therefore, it is the User's responsibility to comply with the relevant import regulations in their country.
(vi) The User consents to receive invoices and, if applicable, receipts for their purchases of products and services electronically, making the process more convenient and efficient.
(g) Returns and Refunds
(i) Unless otherwise specified in this contract, the User holds the right to exercise their right of withdrawal by returning purchased products within 14 calendar days from the date of receiving them physically. To initiate the return process, the User can contact the Company through the customer service email provided.
(ii) However, the Company reserves the right to refuse partial or total refunds for returned goods if the products display damages caused by the User or are unreturnable due to hygienic reasons or health protection, particularly if they have been unsealed.
(iii) Returns of goods will be processed by the Company within a period of no more than 14 days from the date of receiving and inspecting the returned items at the Company's facilities, or from the date of communication by the customer, if the physical return of the product is not required.
(iv) The refund will be carried out through the same payment method used by the User during the initial purchase. The Company may exercise flexibility in its return policy depending on the specific circumstances of the case. In the situation where a user has partially paid for the product using credits, the corresponding portion of credits will also be refunded accordingly.
(v) The User is obligated to provide all necessary information and documentation to the Company and the carriers involved to complete customs formalities and facilitate the shipment process.
(vi) If the User receives a defective, damaged, or incomplete product or if there is any abnormality with the product received, they must inform the Company promptly.
(vii) To ensure the validity of a claim, the User must provide photographs of the erroneously received product or, where applicable, visible damages or defects.
(viii) If a defect is not apparent upon initial inspection, the User must notify the Company of its detection as soon as possible and cooperate with all information and assistance required to investigate any suspicions of defect or damage.
(ix) The User is not permitted to return the product for a refund upon delivery or through a parcel office. The shipping costs for product returns will be borne by the User if they are not a member of the membership program, while the Company will cover the return shipping costs for members. In any case, returned products must be appropriately labeled with the sender's name and address, marked as "claim" unless the return is due to withdrawal without cause, in which case it must be marked as "return."
(x) Amounts paid for the purchase of credits are non-refundable, even if the User does not utilize them during their validity period, unless the purchase resulted from an error on the Company's part and was not consented to by the User.
(xi) If a good has been partially paid for with credits, the return will involve the refund of the credits used for that particular purchase, along with the return, if applicable, of the amount paid through another means of payment, which will be refunded to the original payment method. In the event of credit refunds, the User will once again have a 90-day validity period to utilize them.
(xii) Digital products, such as license keys and e-books, are not eligible for refunds once the software is activated or downloaded. In other words, the User loses their right to withdraw from the contract once they are capable of using the digital product, except when the product is defective. The User explicitly acknowledges this limitation.
(h) Fraudulent or Abusive Activity
(i) The Company may temporarily suspend the User's account or cancel orders if it detects fraudulent or abusive activity. Transactions suspected of being abusive or fraudulent will be refunded to the original payment method used by the User. If the User observes any fraudulent or abusive activity in their account, they can report it to customer service for investigation and resolution. The Website has a policy of one user account per person and two per IP address, and attempts to establish multiple accounts will lead to termination of all associated accounts.
(i) The Company shall not be held liable for any changes in prices, taxes, or duties applicable to the products, or for any lack of availability or supply of the products. Neither shall the Company be responsible for defaults by third parties, including transport companies, manufacturers, etc., nor for events of force majeure. The User acknowledges that the Company is not liable for any issues arising due to incorrect contact details or delivery addresses provided by the User, or for any failure on the part of the User to receive the product diligently.
(ii) The User is advised to exercise diligence in ensuring the reception of emails sent by the Website and to regularly check their email's spam folder.
(iii) The Company provides varying guarantees on its products based on whether the User is considered a "consumer" or a subject acting within the context of their professional activity, in accordance with the provisions of Directive 1999/44/EC of the European Parliament and the Council. For consumers, a legal guarantee or "conformity" of 2 or 3 years will apply, depending on their country of residence, as per the European Directive 2019/771.
(iv) In the event that mydigitalgadgets.com contains hyperlinks to third party websites, The Company assumes no responsibility for the content of such websites.
(j) Privacy and Personal Data Protection
(ii) For Users residing in the EU member states, they can exercise their rights of access, rectification, deletion, opposition, limitation to processing, and portability as stipulated by the General Data Protection Regulation (GDPR) and its implementing regulations. The Company may require proof of identity to verify the User's requests.
(k) Notifications and Contact Details
(i) By accepting the Terms and Conditions, the User consents to receive automatic notifications by SMS and/or email related to their orders, personal preferences, and other activities on the Website. Users participating in the membership service will receive personalized offers prior to each credit top up and may also receive emails, newsletters, special offers, and updates. Users can opt-out of optional notifications by accessing "My Account" on the Website or contacting customer service.
(ii) The Company is not responsible for failed, delayed, or erroneous delivery of goods or services due to erroneous user data. The User can contact the Company using the provided contact details stated below:
(l) Contract Assignment
(i) The Entity may assign its contractual rights and obligations to another natural or legal person, notifying the User accordingly. The User cannot transfer or assign the contract or its rights or obligations without the Company's prior written consent.
(m) Modification and Validity of the Terms and Conditions
(i) The Entity reserves the right to modify these terms and conditions and existing policies on the Website at any time. The User will be subject to the terms, policies, or conditions of sale in force at the time of placing their order unless changes are required due to legal provisions or public authorities' requests. If any condition is deemed invalid, void, or ineffective, it will be excluded without affecting the validity of the remaining conditions.
(n) Applicable Law and Jurisdiction
(i) These terms and conditions will be governed by the laws of the registered address of the Entity. The Judges and Courts at the registered address will resolve any conflicts regarding the application or interpretation of these terms. If the User is a consumer residing in an EU Member State, they may also apply the jurisdiction of their country of residence and its mandatory provisions. In case of disputes related to these terms and conditions, both parties will attempt to reach an amicable agreement before resorting to other dispute resolution methods.