Terms & Conditions

These Terms and Conditions (the "Terms") are an agreement between you and Pengutech FZC, a company registered in the Sharjah Publishing City Free Zone, United Arab Emirates, trading as PenguStore ("PenguStore", "we", "us"). They apply whenever you visit, browse, buy from, sell on or otherwise use www.pengustore.com and our seller panel (together, the "Platform").

By creating an account, placing an order, listing a product or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

These Terms work together with our Privacy Policy, Returns & Refunds page and Buyer Protection page, which form part of them.

To use the Platform 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;
• not be the subject of any sanctions, and not be located in, or ordinarily resident in, a country or region where we do not offer the Platform or where using it would be unlawful;
• not have been previously suspended or removed from the Platform.

We may refuse service, cancel an order or close an account at our discretion, including where we cannot verify that these conditions are met.

Some features need an account. You must give accurate information, keep it up to date and verify your email address when asked.

You are responsible for keeping your login details secure and for everything that happens under your account. Do not share your account or use anyone else's. Tell us straight away at info@pengustore.com if you think your account has been accessed without your permission.

You may link a Discord account to your PenguStore account. Linking is optional and you can unlink it at any time from your account settings.

PenguStore is an online marketplace for digital goods. Independent sellers list products on the Platform, and PenguStore sells those products to buyers as the seller of record (merchant of record). Your payment is made to PenguStore, and payments, refunds and disputes are handled by PenguStore.

The products themselves are supplied by the independent seller named on the listing. Sellers are not our employees, agents or partners, and they are responsible for the products they supply and for the accuracy of their listings.

Approved sellers and listing review. Every seller application is reviewed and approved by our team, and new listings are reviewed before they appear on the storefront. This review is a basic check. It is not a guarantee of any seller, product, listing or outcome, and it is not an identity check.

We do not guarantee that any product, seller or feature will be available at any time. Listings, prices and features may change or be removed without notice.

Orders. Prices are shown in US dollars (USD). When you place an order, you make an offer to buy the product at the price shown. The contract is formed when your payment is confirmed. We may cancel an order and refund you if a product was listed with an obvious error, is no longer available, or if we suspect fraud.

No physical delivery. Everything sold on the Platform is digital. Nothing is shipped.

Delivery times. Each product shows a delivery time set by its seller. Delivery times are estimates, not guarantees. Some items are delivered automatically, others by the seller.

Your details. Some products need information from you, such as a game username, platform or account details. You must give correct and complete information. We and the seller are not responsible for a failed or wrong delivery caused by incorrect details you supplied.

When delivery is complete. An order is delivered when the item, code, key, account details or confirmation is shown on your order page or sent to the email address on your order.

Keys, codes and accounts. Licence keys and codes are generally for single use and are not replaced once redeemed. When you receive an account, you are responsible for securing it straight away, for example by changing the password and email address and turning on two-factor authentication. We are not responsible for losses that happen after delivery because an account or key was not secured or was shared.

We currently accept cryptocurrency only, processed by our payment partner NOWPayments. We do not currently accept card payments.

• The price of your order is fixed in USD when your payment invoice is created. The amount of cryptocurrency due is set by the invoice.
• Invoices expire after a limited time. If an invoice expires before your payment is received in full, you may need to start a new checkout.
• You are responsible for any network or exchange fees, for sending the full amount, and for using the correct coin and network shown on the invoice.
• If you underpay, pay on the wrong network or send the wrong coin, your order will not complete until the issue is resolved. Recovery is not always possible, and any funds we can recover may be returned less network and processing fees.
• Overpayments may be returned to you, less network and processing fees, or credited to your account as store credit.
• Cryptocurrency prices change quickly. Any change in the value of cryptocurrency before or after your payment is at your own risk.
• Cryptocurrency payments cannot be reversed automatically. Once a payment has been sent, it can only be refunded in the ways described in section 7.

What is covered. Buyer Protection covers non-delivery and items that are materially not as described, when you open a dispute within 24 hours of the expected delivery time shown for your order.

What is not covered. Buyer Protection does not cover:

• a change of mind after a working item has been delivered;
• an item that has already been used, redeemed or activated, unless it was faulty when delivered;
• problems caused by incorrect details you supplied;
• anything arranged, paid for or delivered off the Platform;
• action taken after delivery by a game publisher, platform or issuer, such as a ban, suspension, reset, recovery or reversal (see section 12);
• disputes opened after the dispute window has closed.

How disputes work. Contact the seller first from your order. If the problem is not resolved, open a dispute from your order page. The seller has 48 hours to respond. If it is still not resolved, our team reviews the evidence from both sides and decides the outcome. Our decision on a dispute is final as far as the Platform is concerned.

How refunds are paid. If your claim is upheld, you receive a replacement or a refund. Because cryptocurrency payments cannot be reversed automatically, approved refunds are issued as PenguStore store credit or, at our discretion, returned in cryptocurrency to a wallet address you provide. Refunds are for the USD amount you paid for the affected item, and a cryptocurrency refund may be reduced by network fees.

All other sales are final.

Please always use our dispute process first. It is faster, and it is how refunds are issued.

If you raise a false, abusive or duplicate claim, or start a chargeback or payment reversal with a payment provider after receiving what you ordered, we may suspend or close your account, cancel open orders, revoke delivered keys or access, remove store credit and take steps to recover our losses, including costs and fees we incur.

Store credit can only be used to buy products on the Platform. It has no cash value, cannot be exchanged for money, cannot be transferred to another account and does not earn interest.

We may reverse store credit issued by mistake or obtained through fraud or abuse. Store credit is forfeited if your account is closed because you broke these Terms.

Discounts and promotional codes are subject to their own conditions. Unless stated otherwise, only one discount applies per order, discounts have no cash value, and we may change or withdraw a promotion at any time.

Discord booster discount. Where offered, this discount applies only while your linked Discord account is actively boosting our Discord server. It ends automatically if you stop boosting or unlink your Discord account.

Referral programme. Referral commissions are only earned on genuine purchases by other people. Referring yourself, using multiple accounts, or generating fake or incentivised traffic is not allowed. We may withhold or reverse commissions on refunded, disputed or suspicious orders, and we may change or end the programme at any time.

Some products are sold as a subscription for a fixed period, for example 30 or 90 days. The period and the price are shown on the product page before you buy.

No card is stored and nothing is charged automatically. Instead, we email you a renewal invoice three days before your current period ends. Your subscription continues only if you pay that invoice before the period ends. If it is not paid in time, the subscription is cancelled automatically, access stops, and we email you to confirm.

Cancelling. You can cancel at any time from Subscriptions in your account. Cancelling stops future renewal invoices straight away. Your access continues until the end of the period you have already paid for.

Part-used periods are not refunded, except where the law requires it. If a subscription was never delivered, or was not as described, section 7 applies in the normal way. If a seller changes the price, the new price applies only from your next renewal invoice, and that invoice shows the amount before you choose to pay it.

PenguStore is an independent marketplace. We are not affiliated with, endorsed by, sponsored by or connected to Electronic Arts, EA SPORTS FC, Valve, Steam, Sony, PlayStation, Microsoft, Xbox, Epic Games, Discord or any other publisher, developer or platform. All game titles, names, logos and trademarks belong to their respective owners and are used only to describe products.

Many products relate to games, software or services that have their own terms of service and rules. Those terms may restrict or prohibit buying, selling or transferring game currency, items or accounts, or using third-party tools, bots or automation.

By buying or using such products, you confirm that you understand and accept these risks, including that a publisher or platform may, at any time, ban, suspend, reset or remove accounts, currency or items, or change its games or rules. You use these products at your own risk.

To the fullest extent permitted by law, we are not responsible for any action a publisher or platform takes after delivery, or for any changes, outages or enforcement on third-party platforms, and these are not covered by Buyer Protection. Complying with the terms of any third party is the responsibility of the buyer and the seller.

Some products are software, bots, tools, servers or services. They are provided for lawful, personal use in line with the seller's instructions. You must not use them to break the law, to harm other people or systems, or to commit fraud.

Software and services may change, stop working or become unavailable, for example after a game or platform update. Unless a listing says otherwise, we do not guarantee that any tool will work with every version of a game or platform, or that it will keep working in the future. You are responsible for backing up your own data, including any data stored on a server or service you buy.

Sellers must apply and be approved before listing. By selling on the Platform, you confirm and agree that:

• you have every right needed to sell and supply each product, and supplying it is legal where you and the buyer are;
• your products are not stolen, fraudulently obtained, counterfeit, or subject to recall, recovery or reversal by the issuer;
• your listings are accurate and complete, including the delivery time and any restrictions set by a publisher, platform or issuer;
• you will deliver on time, respond to buyers and disputes, and replace or refund where required;
• you are responsible for your own income, corporate and other direct taxes;
• you will indemnify PenguStore for claims, losses and costs arising from your products, listings or breach of these Terms.

Commission and payouts. PenguStore charges a commission on each completed sale, as shown in the seller dashboard (currently 10%). We hold seller funds for a 30-day clearance period after delivery before they can be paid out. After that, you can request a payout from your dashboard.

We may hold, delay, reduce or reverse a payout if an order is disputed, refunded or charged back, if we suspect fraud or a breach of these Terms, or if the law requires it. We may remove any listing and suspend or close any seller account at our discretion.

Buyers are not charged platform fees beyond the listed product price. Network and exchange fees for cryptocurrency payments are the buyer's responsibility.

Sales tax, VAT and GST. If and where PenguStore is, or becomes, required to account for VAT, GST or an equivalent consumption tax on a sale, whether as supplier or as the deemed supplier under marketplace rules, PenguStore will account for that tax and will deduct it from the sale price before the seller's share is calculated. Commission is charged on the tax-exclusive price.

Apart from any tax we charge at checkout, you are responsible for any taxes, duties or charges that apply to your purchase in your country.

You must not:

• use the Platform for fraud, money laundering, or any other unlawful purpose;
• buy or sell stolen, hacked or fraudulently obtained goods or accounts;
• use stolen payment details or someone else's crypto wallet without permission;
• abuse chargebacks, disputes, refunds, promotions or the referral programme;
• complete, or try to complete, a transaction off the Platform to avoid fees or protection rules;
• scrape, crawl or copy the Platform, or use bots or automated tools against it;
• reverse engineer, probe, attack, overload or interfere with the Platform or its security;
• upload or send malware or any harmful code;
• post illegal, misleading, hateful or infringing content;
• harass, threaten, impersonate or abuse other users or our team;
• create multiple accounts to get around a suspension, limit or rule.

Reviews must be honest and based on your own purchase. Fake, paid, incentivised or misleading reviews are not allowed, and we may remove any review or content that breaks these Terms.

You keep ownership of content you post, such as reviews, messages and listings. You give PenguStore a worldwide, royalty-free, non-exclusive licence to host, use, display, reproduce and adapt that content to operate and promote the Platform. You confirm you have the right to post it.

The Platform, including its design, logos, text, graphics and software, belongs to PenguStore or its licensors. You may use the Platform only as these Terms allow. You may not copy, reproduce, distribute or create derivative works from it without our written permission.

We handle your personal data as described in our Privacy Policy.

To protect buyers, sellers and the Platform, we run fraud checks, which may include checking your IP address, location and whether you are using a proxy or VPN. We may delay, cancel or refund any order, or restrict any account, that appears suspicious.

We may suspend, restrict or close your account, remove content, or cancel orders at any time if you break these Terms, if we suspect fraud or abuse, if the law requires it, or to protect other users or the Platform.

You can close your account at any time by contacting us. Open orders, disputes and payouts will be completed or resolved under these Terms first. Sections that by their nature should continue after closure, including sections 7 to 9 and 12 to 28, continue to apply.

To the fullest extent permitted by law, the Platform and all products are provided "as is" and "as available". We make no warranties or promises of any kind, whether express or implied, including about merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, secure or error-free.

Sellers, not PenguStore, are responsible for the products they supply. Anything a seller says about a product is the seller's statement, not ours.

To the fullest extent permitted by law, PenguStore, its owners, officers, employees and partners will not be liable for any:

• indirect, incidental, special, punitive or consequential loss or damage;
• loss of profits, revenue, business, goodwill or opportunity;
• loss or corruption of data;
• loss of, or damage to, any game account, in-game currency, items, progress or third-party account;
• loss caused by a publisher, platform, payment network or other third party.

Our total liability to you for all claims relating to an order will not exceed the amount you paid to PenguStore for that order. For any claim that does not relate to a specific order, our total liability will not exceed USD 100.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the law that applies to you.

You agree to indemnify and hold harmless PenguStore, its owners, officers, employees and partners from any claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising from your use of the Platform, your products or content, your breach of these Terms, or your breach of any law or third-party right.

We are not responsible for any delay or failure caused by events outside our reasonable control, including outages of the internet, hosting, payment or blockchain networks, actions of publishers or platforms, cyberattacks, government action, natural disasters or labour disputes.

You must not use the Platform in breach of any sanctions or export control laws, or on behalf of any sanctioned person or country. We may block access, cancel orders and withhold funds where we believe this is needed to comply with those laws.

We may change, suspend or discontinue any part of the Platform at any time.

We may update these Terms from time to time. The updated Terms take effect when they are posted on this page, and the date at the top shows when they last changed. For material changes we will also try to let you know by email or on the Platform. If you keep using the Platform after a change, you accept the updated Terms. Orders placed before a change are governed by the Terms in force when the order was placed.

• Assignment: you may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours, for example as part of a sale or reorganisation of our business.
• Severability: if any part of these Terms is found invalid or unenforceable, the rest remains in full effect.
• No waiver: if we do not enforce a right straight away, we can still enforce it later.
• Entire agreement: these Terms, together with the Privacy Policy, Returns & Refunds and Buyer Protection pages, are the whole agreement between you and us about the Platform.
• Language: these Terms are written in English. If they are translated, the English version prevails.
• Notices: we may send you notices by email or on the Platform. Legal notices to us must be sent to info@pengustore.com.

These Terms, and any dispute or claim arising from them or from your use of the Platform, are governed by the laws of the Emirate of Sharjah and the federal laws of the United Arab Emirates.

Before starting any claim, you agree to contact us at info@pengustore.com, describe the issue, and give us 30 days to try to resolve it informally.

If it cannot be resolved, the courts of the Emirate of Sharjah have exclusive jurisdiction. To the extent permitted by law, claims must be brought individually and not as part of a class, collective or representative action, and must be brought within one year after the facts giving rise to the claim arose.