Terms of use

MADEINSPAIN GAMES, S.L. Terms of Use and End User Licence Agreement (“EULA”)


Terms of use

The browsing and use of the web page http://www.mispgames.com (“the Website”) bind to accept the following clauses.

MADEINSPAIN GAMES, S.L. (“MISPGames”) is a private company specialized in videogame distribution which registered address is C/ Quintana, 2, piso 8, pta 4, 28008, Madrid; the registry information is: Registro Mercantil de Madrid; Volume: 28520; Book: 0; Sheet: 172; Section: GNE; Page: 513492; CNAE: 4791, and tax identification number B86133246. Contact email is contact@mispgames.com.

The Website is property of MISPGames. Text and images included, so its assembly, belongs to MISPGames. Access to information, images and text that appear on the Website is only authorized for personal use.  Reproduction or publication is strictly forbidden if MISPGames consent is not granted.

The Website installs cookies through Google Analytics. Google uses the information collected from the user of the services to provide, maintain, protect and improve them, to develop new ones and to protect Google and our users. Google also uses this information to offer tailored content.

Google uses information collected from cookies and other technologies, like pixel tags, to improve user experience and the overall quality of services. When showing tailored ads, Google will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

Google may combine personal information from one service with information, including personal information, from other Google services. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.

Google processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.
MSPGames has a profile on different social media networks and holds the condition of Data Controller of his followers. MISPGames will be able to inform followers through social media networks of activities, offers and give customer care related services. MISPGames shall not collect personal data from social media networks unless the user consent is obtained.

The normative applicable to the use of the Website shall be the regulation of Spain. For the cases where this contract does not make provisions for, the Spanish laws in force shall apply. All controversy derived from the purchase, consignment, delivery, return or cancellation of orders not settled amicably will be subject to the jurisdiction and regulation of Spain. 

End-User Licence Agreement

1. Conclusion of the Contract

This EULA is applicable to the purchase of a licence to download and use  videogames traded by MADEINSPAIN GAMES, S.L. (hereinafter, “MISPGames”)  by the User, by means of the software’s download and installation in storage media (hardware) in exchange of the price published in every case by the Owner, as the provider. 

Only the Users who have completed the registration process successfully at the Website will be able to place orders of products. 

MISPGames reserves the right to modify the EULA without prior notice, without affecting previous contracts or orders. These changes are accepted by the User every time he places an order on the Website.  
 
The language of the contractual relationship is Spanish. MISPGames shall keep a copy of the contract documents and shall keep a record of it. In all cases, the published prices will include the corresponding taxes. 

Should any condition of this contract be null and void or voidable, all or a part of it, it shall be omitted without affecting the validity of the rest of the document. All communications regarding the contract shall be made in writing and be sent by any means indicating the date, content and reception by the addresses. 

When clicking on “Buy” during the purchase process, the User fully and unequivocally accepts the totality of the EULA, and guarantees that he is over 18 or is between 14 and 18 and has parent or guardian authorization.  

2. Registration

The User shall be able to register following the procedure provided by our Website:

The User shall provide his name or nickname, email and password, aside from other information that may be included voluntarily. 
The privacy policy and the terms and conditions shall be accepted to proceed with the registration. 
Finally, the User shall pass a CAPTCHA test to proceed with the registration.

Only properly registered Users shall be able to place and manage orders from the platform established on the Website. 

3. Placement of Orders, Payment and Availability

The products offered on the Website are shown in a descriptive way. However, the pictures, descriptions and additional information may not define the product exhaustively. 

All the products shown on our Website are inclusive of VAT. For administrative costs regarding the management of the payment by third parties, the information published by those third parties shall be checked.

Once the desired products are chosen, they will be included in the section “My cart”, with a cart symbol. Once checked, the User will confirm the order by clicking on “Checkout”, and then proceed to the payment. 

In “My cart”, the User will see the total amount of his order and introduce a discount code or proceed to the payment by clicking on “Pay by PayPal”. After clicking this button, the User will be redirected to the PayPal secure payment platform, so that he can continue with the payment. The User expressly accepts the conditions of use provided by PayPal when using its services.   

On the PayPal payment platform, the User shall:
Log in and make the payment.
Create a new account and make the payment.
Pay by credit card. In case the credit card provided by the User is rejected, the order shall be automatically rejected, and MISPGames will inform the User of the cancellation by email. 

Once the payment is made, and it is verified by MISPGames, a confirmation of the payment will be sent by email to the User’s account provided during the registration, and the amount shall be charged to the User’s account within a maximum period of 48 hours.

Once the payment is confirmed, the Website makes a link available to proceed to the download of the article. 

The User will be able to recharge his account as many times as necessary. 

The User may check the status of the order or orders placed (downloaded, pending for download, cancelled, etc.), by clicking on “My order history”, as well as the price and costs paid, including taxes, and other information arising from the placement of the order. 

MISPGames keeps the information on products published on its Website updated, with the possibility of making a reservation on particular products where specified. Nonetheless, in some particular cases, the information may not be accurate, and the download of the product after the payment is not possible. In those cases, the User will be informed of the cancellation by email, and the amount paid will be reimbursed. The deadline for the reimbursement will depend on the method of payment and on the conditions of the third parties involved in the management of the payment. 

4. Download Time Limit 

The product shall be downloaded within SEVEN CALENDAR DAYS (7) after the payment. During this time, the User may cancel the order or download the product within the established month. 

In case the product is not downloaded or cancelled within SEVEN DAYS, the User shall not claim any reimbursement for any amount to MISPGames.

In case the price of the product changes, the difference shall not be reimbursed to the User if he decides to download the product. The total amount of the order shall only be reimbursed to the User in case of cancellation of the product within the established deadline. MISPGames may deduct from the reimbursed amount the administrative costs derived from the charges, payments and reimbursements.
 
5. Cancellation of Orders 

Placed and paid orders which have not been downloaded may be cancelled by MISPGames, and the paid amount shall be reimbursed to the User, after deducting the costs arisen from the management of the payment by third parties. In case of cancellation of the order, the User will be reimbursed for the amount of the purchase, after deducting the administrative costs derived from the management of the payment by third parties.

In case of reiterated failure to comply with the EULA of the Website, especially if the User’s behaviour is contrary to the requirements provided by the EULA, MISPGames reserves the right to cancel the User’s account. 

6. Guarantees 

MISPGames cannot guarantee that the same product is offered at a similar price on the Website and in a third party’s establishment, including the developer of the product or its distributor. 

MISPGames reserves the right to modify the prices published on the Website without prior notice, and MISPGames shall not accept an order in case of a typing error before the purchase.  Nonetheless, the orders placed successfully shall be charged according to the published prices and the fees applicable at the moment the orders are registered.  

7. Requirements for Acceptance of Orders

MISPGames reserves the right to reject orders from Users infringing the terms of use of the Website, or from those with whom there is or has been previous controversies in connection with the purchase of products on the MISPGames platforms.  

8. Waiver and Return of Order

Products offered in the Website are not elegible for the right of withdrawal due to its digital content downloads condition. Therefore, devolutions are not possible.

MISPGames shall not be liable in cases of failures in the execution or download, impossibility of delivery by force majeure or arising from errors or offences regarding the details, comments or contents provided by the User. Nonetheless, in such cases, when possible, MISPGames will immediately contact the User in order to find the best solution possible. In case of controversy over the compliance of this contract, the User will first contact MISPGames to reach an amicable solution. 

The User shall be entitled to download the videogame ONCE (1). Once downloaded, if the User cannot use his licence, because the videogame cannot be executed or because of defects or errors out of the User’s control, the User may contact the provider by sending the evidence of the execution or download error, giving him the possibility to download the same content again, or any other content chosen by the User in case the content initially chosen is not available any more, and the User shall pay the difference of price in any case. MISPGames may ask for the specific kind of evidence required to decide whether the money paid for the download is refunded. If the User fails to send the evidence, the User shall pay again the product of the price published on the Website to proceed with the download of the chosen content again, notwithstanding any typing error that may be in the published priced. 

9. Rejection of Refunds 

If the provided product does not have any error or defect, the price of the product shall not be refunded once the download in the User’s hardware has taken place. 

MISPGames shall have the right to investigate the refund, and to request the User to provide the evidence considered necessary. If the notified error or defect is not proved, or if MISPGames is not liable for it, the User shall reimburse the costs derived from his claim.  

10. Copyright and Intellectual Property 

In case of authorized download of software or videogames offered by MISPGames on the Website, the provider of the product grants the User the licence only for personal use, which is non-transferable and non-exclusive, for the device(s) indicated in the descriptions of the product and with the time and geographic area validity limit indicated in every case, in the internal information of the product and/or on the product label on the MISPGames platform. The User shall not make any kind of public communication or derived work for the use of the contents or rights which he can access unless expressly authorized by the product’s intellectual property rights owner in every case. The User may request MISPGames information about such owner by email to: contact@mispgames.com.

Unless otherwise specified in every product, prior written notification to the User, all licences granted to the subscriber for free shall be revocable (“Free-to-Play” videogames and demos). On the contrary, those licences granted in return for economic compensation shall be considered as irrevocable, unless otherwise indicated by the provider. 

11. Data Protection

Regarding the treatment of personal data, the provisions established by the Privacy Policy shall apply. 

Without affecting the provisions established by the Privacy Policy, the User is informed that his personal data will be included in one or more files registered in the General Registry of the Spanish Data Protection Agency, under the liability of MADEINSPAIN GAMES, S.L., which is the data controller and owner of the Website, with the purpose of providing the services and making available the products requested by the User. 

The User may exercise his rights to access, rectify, cancel and oppose the treatment of his personal data, by means of a written communication to the address indicated above, accompanied by a copy of his ID, indicating his request, or by sending an email to: contact@mispgames.com.

MISPGames has a profile on the main Internet social networks (Facebook, Twitter, YouTube, among others), and, in any case, is liable for the treatment of the data of its followers, fans, subscribers, commentators and other users’ profiles (hereinafter, “followers”). MISPGames’ treatment of the details will be to the extent of the limit allowed by the social network to corporate profiles. Therefore, MISPGames may inform its followers of its activities, talks and offers by any means allowed by the social network, and also provide a personalized customer service to the User. Under no circumstances shall MISPGames obtain information from the social networks, unless the User gives his specific and express consent for such purpose. When, due to the nature of the social networks, the effective exercise of the follower’s rights is subject to the modification of his personal profile, MISPGames will help and advice him for such purpose within its capabilities.     

12. Jurisdiction and Applicable Law

The purchase of products on MISPGames platform shall be subject to the provisions of this contract. For the cases where this contract does not make provisions for, the Spanish laws in force shall apply. All controversy derived from the purchase, consignment, delivery, return or cancellation of orders not settled amicably will be subject to:

If the User has the status of consumer, based on the sector’s regulations, the laws appropriate to his condition shall apply. 
In case the User does not have the status of user or consumer according to the sector’s consumption regulations, the Courts of the City of Madrid, Spain, shall have jurisdiction. 


These Terms of Use and EULA, which shall not be terminated individually, will be published on the Website to be read and accepted by the Users.