Terms of Service
Effective Date: May 17, 2025
1. Scope
These Terms of Service (“TOS”) govern all contracts for digital products you purchase through the website Noctavia.eu (the “Site”) from us, szinek Christopher (the “Operator”). By placing an order, you agree to these TOS. Any deviation requires our express written consent.
2. Contracting Parties & Order Process
Contracting party and provider of the digital products is:
Szinek Christopher
Servername: Noctavia
E-Mail: dayznoctavia@gmail.com
Website: https://noctavia.eu
Discord: discord.gg/noctavia
Your contract is formed when you complete the checkout process and your payment is successfully processed, or when you download the digital product. If a product is unavailable, we will notify you and refund any payment immediately.
3. Delivery of Digital Products
All digital products are delivered by making them available for you in-game or as a download as soon as your payment is confirmed. If payment fails or is reversed, we reserve the right to withhold delivery or cancel the order after 7 days.
4. Right of Withdrawal
Under Austrian consumer protection law (KSchG), the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium once performance has begun. Delivery begins immediately upon payment confirmation. Therefore, there is no right of withdrawal.
5. Prices & Payment
All prices include statutory VAT and are stated in EUR.
Accepted payment methods:
- PayPal: Charged immediately upon order. PayPal’s terms apply.
- Stripe / Credit Card: Charged via Stripe upon order. Stripe’s terms apply.
If payment is not completed, we may suspend further deliveries until payment is made.
6. License & Usage Rights
Upon full payment, you receive a non-exclusive, non-transferable, limited license to use the digital product for your own commercial purposes only.
- Reproduction, distribution, public display or modification requires our prior written consent.
- Sub-licensing, rental, lending or resale is prohibited.
- Reverse-engineering, decompiling or deobfuscation is not permitted.
7. Warranty & Liability
Statutory warranty rights under the Austrian Allgemeines Bürgerliches Gesetzbuch (ABGB) apply. You must notify us of any defects in writing without undue delay.
Our liability is limited to intent and gross negligence. For simple negligence, we are only liable for breach of essential contractual obligations, limited to foreseeable typical damages. Further liability is excluded.
8. Termination
This contract terminates automatically once we have delivered the digital product as agreed. In case of breach of these TOS, we may immediately suspend your access and terminate the contract without notice.
9. Intellectual Property
All copyrights and other intellectual property rights in the digital products remain with us or our licensors. Any use beyond the granted license requires our prior written consent.
10. Changes to the TOS
We reserve the right to update these TOS at any time with future effect. The current version will always be available on this page.
11. Governing Law & Jurisdiction
These TOS are governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
For any disputes arising from or in connection with these TOS, the competent court in Vienna, Austria, shall have exclusive jurisdiction if you are a merchant or legal entity under public law. Otherwise, the statutory provisions on jurisdiction shall apply.
12. Severability
If any provision of these TOS is or becomes invalid, the remaining provisions remain in full force and effect.
13. Contact
For questions regarding these TOS, please contact us at:
- Email: dayznoctavia@gmail.com
- Discord: discord.gg/noctavia
- Website Contact Form: https://noctavia.eu/contact