These Terms of Service (“Terms”) govern your use of penguinskins.com (the “Website”) and every purchase you make from us. Please read them carefully before you place an order. By using the Website or placing an order, you agree to these Terms. If you do not agree, please do not use the Website.
1. Who we are
The Website is operated by GEMSEED LTD, a private limited company registered in England and Wales under company number 17519702, whose registered office is at First Floor Office, 3 Hornton Place, London, W8 4LZ, United Kingdom (“PenguinSkins”, “we”, “us”, “our”).
You can contact us by email at support@penguinskins.com or through the form on our Contacts page.
2. Documents that apply
These Terms, together with our Refund Policy, Privacy Policy, Cookie Policy and Complaints Policy, form the entire agreement between you and us. If there is a conflict between them, these Terms prevail. Nothing in these documents limits rights you have by law that cannot be limited.
3. Definitions
- Item means a virtual item for the video game Counter-Strike 2, such as a weapon skin, knife, pair of gloves, sticker or agent, offered on the Website.
- Steam means the online platform operated by Valve Corporation (“Valve”) through which Items are held and traded.
- Trade Offer means a Steam trade offer we send to transfer an Item to your Steam account.
- Trade URL means your personal Steam trade offer link.
- Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
4. Eligibility
To use the Website and buy Items, you must:
- be at least 18 years old, or the age of legal majority where you live if that is higher;
- have the legal capacity to enter into a binding contract;
- hold a Steam account in good standing that is able to receive trades, including any security settings Steam requires (such as the Steam Guard Mobile Authenticator);
- not be located in, or ordinarily resident in, a country or territory subject to comprehensive UK, EU, UN or US sanctions, and not be named on any sanctions list; and
- use the Website only for lawful purposes and in line with the Steam Subscriber Agreement.
We may ask you to confirm any of these points at any time.
5. Your account
You need an account to place an order; you can create one at checkout. You must give accurate information, keep your login details confidential and tell us straight away if you suspect unauthorised use of your account. You are responsible for activity on your account unless it results from our failure to keep the Website secure. You may close your account at any time by contacting us.
We will never ask for your Steam password, Steam Guard codes or Steam Web API key. Anyone who asks for them is not acting for PenguinSkins.
6. About the Items
- Items exist within Steam and Counter-Strike 2, which are owned and operated by Valve. When you buy an Item, we transfer it to your Steam account, and your use of it is governed by the Steam Subscriber Agreement and Valve’s rules.
- PenguinSkins is not affiliated with, endorsed or sponsored by Valve. Counter-Strike, Counter-Strike 2, Steam and the related names, logos and Items are trademarks or property of Valve Corporation.
- Valve may at any time change, restrict or remove Items, trading features or Steam accounts. We have no control over these decisions and are not responsible for them, unless they result from our breach of these Terms.
- Items are digital collectibles for in-game use. Their market value may rise or fall. We make no promise about the future value or resale price of any Item, and Items should not be bought as an investment.
7. Listings and prices
- Each listing describes a specific Item, including, where relevant, its exterior (wear), float value, pattern seed, StatTrak™ status and applied stickers. The Item you receive will match that description. Images are for illustration; where an image and the written attributes differ, the written attributes apply.
- All prices are in euro (EUR). The total price of your order, including any applicable taxes and fees, is shown at checkout before you place the order. Your bank or card issuer may charge currency conversion or foreign transaction fees, which are outside our control.
- Prices may change at any time, but changes do not affect orders we have already accepted.
- If we discover an error in the price or description of an Item you have ordered, we will contact you before delivery. You may then confirm the order on the corrected terms or cancel it and receive a full refund.
8. Orders
- Your order is an offer to buy the Items in your cart. After you place it, we send you an email acknowledging receipt. This acknowledgement does not mean your order has been accepted.
- The contract between you and us is formed when we confirm acceptance of your order by email or, if earlier, when we send the Trade Offer.
- Each Item is unique. If an Item becomes unavailable before we accept your order, or we cannot accept your order for another reason (for example a payment issue, a failed verification check or a suspected breach of these Terms), we will tell you and refund any payment in full.
9. Payment and verification
- The payment methods available to you are shown at checkout. Payments are processed by third-party payment providers under their own terms. We do not see or store your full card details.
- We may carry out fraud-prevention, anti-money-laundering, sanctions and identity checks before delivering an order, and may ask you for information or documents for that purpose. If you do not provide them within a reasonable time, or the checks are not satisfied, we may cancel the order and refund you, unless the law requires otherwise.
- If you think a payment is wrong, please contact us before raising a dispute with your bank so that we can resolve it quickly.
10. Delivery
- We deliver Items by sending a Trade Offer to the Trade URL you give us at checkout. You are responsible for providing a correct Trade URL and for making sure your Steam account can receive the Item, for example that no trade restriction applies.
- We aim to send the Trade Offer within minutes of your payment being confirmed. Delivery may take longer if Steam is unavailable or restricted, or while checks under section 9 are carried out. We will keep you informed by email.
- Before accepting, check that the Trade Offer matches your order. Our Trade Offers only give you Items; they never ask you to give Items in return.
- Delivery is complete when you accept the Trade Offer and the Item appears in your Steam inventory.
- If a Trade Offer is declined or expires, we will contact you to arrange delivery again. If delivery is still not possible, we will refund you in line with our Refund Policy.
- Steam may apply trade holds, trade protection periods or other restrictions to Items. These are set by Valve and are outside our control. Where Steam allows a completed trade to be reversed, we will only reverse it if the payment for the order has been reversed, cancelled or found to be fraudulent.
11. Your right to cancel
- If you are a Consumer, the law usually gives you 14 days to cancel a contract made online. For digital content not supplied on a tangible medium, that right ends once supply begins with your express consent and your acknowledgement that you will lose it.
- Because Items are delivered straight away, at checkout we ask you to request immediate delivery and to acknowledge that you will lose your right to cancel once we send the Trade Offer. An order cannot be placed without this consent.
- Until we send the Trade Offer, you may cancel your order by contacting us, and we will refund you in full.
12. Refunds and Items not as described
- Our Refund Policy explains when we give refunds. In summary, you can request a full refund within 7 days of your order if you have not received your Item or if a technical problem on our side affected your order.
- If you are a Consumer, you have legal rights in relation to digital content that is not as described, not fit for purpose or not of satisfactory quality. If an Item we deliver does not match its listing, contact us and we will put it right. Nothing in these Terms affects those legal rights.
13. Promotions and coupon codes
- Coupon codes are subject to the conditions shown with them. Unless stated otherwise, one code may be used per order and each code may be used once per customer.
- Codes have no cash value, cannot be exchanged for cash and may be withdrawn at any time. Withdrawal does not affect orders already placed.
- We may refuse a discount, or cancel and refund the order, where a code has been obtained or used in breach of its conditions, for example through multiple accounts.
14. Acceptable use
You must not:
- use the Website for any fraudulent or unlawful purpose, including money laundering, terrorist financing or the use of stolen or unauthorised payment methods;
- provide false information or act on behalf of another person without their authority;
- attempt to gain unauthorised access to the Website, its servers or other users’ accounts, or interfere with its security or operation;
- use bots, scrapers or other automated means to access the Website or to buy Items without our written permission; or
- copy, resell or commercially exploit the Website or its content without our permission.
We may report suspected unlawful activity to the relevant authorities and cooperate with them.
15. Intellectual property
The Website and its design, text, illustrations, logos and software are owned by or licensed to GEMSEED LTD and are protected by intellectual property laws. You may use them only to browse the Website and buy Items for your personal use. Counter-Strike 2, Steam and all Item names and images are the property of Valve Corporation and are used only to identify the Items. Agent artwork on the Website is fan art and is not endorsed by Valve.
16. Third-party services
The Website relies on and links to services we do not control, including Steam and payment providers. Your use of those services is subject to their own terms and privacy policies. We are not responsible for their content or availability, except where we have caused the problem.
17. Our responsibility to you
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or of our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if both of us knew it might happen when the contract was made.
- We do not exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of your statutory rights as a Consumer.
- If you are a Consumer, we supply Items for your domestic and private use only, and we are not liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
- If you are not a Consumer, our total liability to you in connection with an order is limited to the price you paid for that order, and we are not liable for any indirect or consequential loss.
- We are not responsible for changes in the market value of Items or for actions taken by Valve, including account bans, trade restrictions or changes to Items, unless they result from our breach of these Terms.
18. Events outside our control
We are not responsible for delays or failures caused by events outside our reasonable control, such as Steam outages or restrictions, network failures or acts of public authorities. If such an event affects your order, we will contact you, and if it continues you may cancel and receive a refund for anything not delivered.
19. Suspension and termination
We may suspend or close your account, or refuse or cancel orders, if we reasonably believe you have broken these Terms, where the law requires it, or to protect you, other customers or us from fraud. Where an order is cancelled before delivery, we will refund any payment unless the law requires us to withhold it.
20. Changes to these Terms
We may update the Website and these Terms from time to time, for example to reflect changes in the law or in our service. The Terms in force when you place an order apply to that order. The date at the top of this page shows when they were last updated.
21. Governing law and disputes
- These Terms are governed by the laws of England and Wales.
- If you are a Consumer, you may bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings there. If you live elsewhere, you also keep the protection of the mandatory consumer laws of the country where you live and may bring proceedings in its courts.
- If you are not a Consumer, the courts of England and Wales have exclusive jurisdiction.
- If you have a concern, please contact us first. Our Complaints Policy explains how we handle complaints.
22. General
- We may transfer our rights and obligations under these Terms to another organisation. This will not affect your rights. You may not transfer your rights or obligations without our written consent.
- If a court finds any part of these Terms unlawful, the rest remains in force.
- If we delay in enforcing these Terms, we can still enforce them later.
- No one other than you and us has any right to enforce these Terms.
- These Terms are available in English only.