PREAMBLE
These Terms and Conditions of Use (“Terms”) govern access to and use of the website bak.recargagames.com (the “Platform” or “RECARGAGAMES”), which offers recharge of games and digital goods to end users in Brazil.
1. PARTIES AND ROLES IN THE OPERATION
1.1. Platform Operator. The Platform is operated and made available by PLAYVISION LLC, a company incorporated under the laws of the United States of America (State of Wyoming), with registered office at 63 North Burritt Avenue, Buffalo, WY 82834, USA (“PlayVision” or “Operator”). PlayVision operates the storefront, the brand and the user-facing interface.
1.2. Supplier of the Products. The digital Products offered on the Platform - including voucher codes, game top-up and other digital items - are supplied, catalogued and technically fulfilled by third-party suppliers and fulfillment partners engaged by PlayVision (collectively, the "Supplier"). The Supplier is responsible for the availability, sourcing and delivery (fulfillment) of the Products. PlayVision shall disclose the identity of the Supplier upon a reasoned request of the competent consumer protection authorities or upon judicial determination.
1.3. Payment processing. All payment processing is carried out by licensed third-party payment service providers acting as Merchant of Record for the payment operation (jointly, the "Payment Processor"). The Payment Processor collects payments, performs currency conversion, payment-related compliance (KYC/AML and sanctions screening) and manages chargebacks. PlayVision may change the Payment Processor at any time, and any such change shall not require an amendment to these Terms.
1.4. Nature of PlayVision’s role. PlayVision acts as operator and intermediary of the Platform. PlayVision does not manufacture, stock or technically deliver the Products, and does not process payments. PlayVision’s responsibility relates to the operation of the storefront, the accuracy of the information displayed and user support, within the limits of applicable law. Product sourcing and fulfillment are performed by the Supplier; payment processing is performed by the Payment Processor.
2. ACCEPTANCE AND CHANGES
2.1. By accessing, registering on or using the Platform, the User declares that it has read, understood and fully agrees with these Terms, the Privacy Policy, the Refund Policy and the Cookie Policy, which are incorporated herein by reference.
2.2. The User declares to have full legal capacity to contract. Minors may only use the Platform when assisted or represented by their parents or legal guardians.
2.3. These Terms may be updated from time to time. The version in force will always be available on the Platform, with its effective date. Continued use after the changes take effect implies agreement with the updated version.
3. DEFINITIONS
4. ACCOUNT AND USER RESPONSIBILITIES
5. PRODUCTS AND DELIVERY OF DIGITAL GOODS
5.1. The Products offered are Digital Goods supplied by the Supplier. The User must carefully read the description, region of validity and compatibility of the Product before completing the purchase.
5.2. Availability, prices and catalogue composition may vary and depend on the Supplier and on the game publishers. Prices are displayed in Brazilian reais (BRL).
5.3. A Digital Good is deemed delivered when the code is displayed or made available to the User, when the top-up is credited to the indicated game account, or upon an equivalent redemption event. The Platform keeps an electronic record of delivery as evidence of performance.
5.4. The User acknowledges that the redemption, disclosure or use of a Digital Good is, by its nature, irreversible. This Clause must be read together with Clause 8 (Refunds and Right of Withdrawal).
6. PAYMENTS
6.1. Payment processing for transactions carried out on the Platform, including authorization, capture, settlement, currency conversion, transactional anti-fraud and chargebacks is performed by the Payment Processor (as defined in Clause 1.3). Local payment methods, including PIX, are made available by the Payment Processor.
6.2. PlayVision does not operate payment means, does not hold Users’ funds and does not have access to full card or bank account data. Such data is collected and processed directly by the Payment Processor, in its own environment.
6.3. Failures, unavailability, declined authorizations, settlement delays, duplicate charges originating within the payment system, and restrictions imposed by the Payment Processor or by financial institutions are outside PlayVision's direct control and are the responsibility of the relevant Payment Processor or financial institution. PlayVision will use commercially reasonable efforts to facilitate communication and resolution between the User and the relevant Payment Processor, including by acting in good faith as an intermediary upon User request.
6.4. In the event of an undue charge or unrecognized payment, the User must contact the official channels of the Platform and, as applicable, its financial institution. Confirmed undue charges will be refunded or intermediated by the Payment Processor.
6.5. Nothing in this Clause shall limit or exclude any rights or remedies that Users may have under applicable consumer protection laws. Any allocation of responsibilities between PlayVision and its payment service providers is intended solely to govern their respective roles and shall apply to Users only to the extent permitted by applicable law.
7. TAXES
7.1. Prices displayed on the Platform may or may not include taxes, as indicated at the time of purchase. Any taxes, fees, contributions or charges levied on the acquisition, holding or use of the Products, as well as on the payment operation, will follow applicable law and be borne by the party to whom the law assigns them.
7.2. Taxes levied on the payment operation (such as those relating to financial intermediation, currency conversion or credit operations), as well as withholdings determined by financial institutions or by the Payment Processor, are assessed and collected by the respective payment service providers, within their own operations, and not by PlayVision.
7.3. Should the law require the withholding, itemization or collection of any additional tax in connection with the operation, PlayVision may adjust prices, include the relevant charge in the amount charged, or adopt the applicable compliance measures, giving the User prior notice whenever this affects the final price.
7.4. Taxes due by the User by reason of its own condition are the sole responsibility of the User. PlayVision does not provide tax advice.
8. REFUNDS AND RIGHT OF WITHDRAWAL
8.1. Right of withdrawal. Pursuant to Article 49 of the Brazilian Consumer Protection Code, the consumer may withdraw from the purchase within seven (7) days from the contracting. However, due to the nature of Digital Goods, once a Product has been delivered, redeemed, disclosed, consumed, or successfully credited to the account designated by the User, performance is deemed completed and the right of withdrawal becomes materially impaired.
(a) For voucher-, code- or key-based Products, a withdrawal request will be accepted with full refund only if the voucher, code or key has not been delivered, disclosed, redeemed, activated or otherwise used.
(b) For direct top-up Products, once the Product has been successfully credited to the game account, wallet or user account identified in the order, the transaction is final and may not be withdrawn, refunded or reversed, except where required by applicable law.
Users are solely responsible for verifying the accuracy of all account identifiers, user IDs, server selections and other order details submitted at checkout. Refunds, reversals or withdrawals will not be granted for Products delivered or credited in accordance with information incorrectly provided by the User, except where otherwise required by applicable law.
8.2. Defective or non-delivered Product. The User is entitled to re-performance, substitution of the Product or a refund where the Product is not delivered, is delivered with defects, or does not conform to the offer.
Under Article 26 of the Brazilian Consumer Protection Code, the User has thirty (30) days to report any apparent defects, non-conformities or non-delivery (the statutory period for non-durable goods). To enable expedited investigation and a smoother claim experience, Users are strongly encouraged to report such issues within seven (7) days of delivery, together with reasonable supporting information; reports submitted within this expedited window will be prioritized by the support team. Reports submitted between day 8 and day 30 remain valid under the statutory rights of the User.
8.3. Procedure. Refund requests must be be submitted through the official support channels and must include the order number and reasonable supporting information.
To prevent fraud and unauthorized claims, the primary support channel is the WhatsApp number provided by the User at the time of purchase. Refund requests submitted from a different WhatsApp number or contact identifier may require additional verification.
In any event, Users may also submit refund requests through the official support e-mail published on the Platform. PlayVision may, at its sole discretion, request additional information or verification documents before processing any refund request. Confirmed refunds are processed by the Payment Processor using the same payment method originally used for the transaction.
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8.4. Chargebacks. Disputing a charge with the payment method issuer does not replace the Platform’s refund procedure. A chargeback regarding a Product that has been demonstrably delivered and redeemed, without prior contact with the official channels, may be treated as abusive use.
9. FRAUD PREVENTION, VERIFICATION AND ACCOUNT SUSPENSION
10. PLATFORM AVAILABILITY AND THIRD-PARTY DEPENDENCY
10.1. The Platform is provided on an “as is” and “as available” basis. PlayVision will use commercially reasonable efforts to maintain operational continuity but does not guarantee uninterrupted or error-free operation.
10.2. The operation of the Platform depends on third parties, including the Supplier, the Payment Processors, the game publishers and telecommunications providers. Interruptions, scheduled maintenance, unavailability or technical changes arising from these third parties do not constitute a breach by PlayVision, which will notify the User whenever reasonable.
10.3. PlayVision may engage and subcontract subsidiaries, affiliates and third-party providers to operate the Platform or parts of the Services.
11. INTELLECTUAL PROPERTY
The trademarks, logos, layout, texts, images and other elements of the Platform are protected by intellectual property rights and belong to PlayVision or its licensors. These Terms do not transfer any intellectual property right to the User. Unauthorized reproduction, distribution or exploitation of these elements is prohibited.
12. LIMITATION OF LIABILITY
12.1. The limitations of this Clause apply to the maximum extent permitted by applicable law and do not set aside the inalienable rights of the consumer User.
12.2. PlayVision operates the Platform and facilitates the sale and delivery of Digital Goods. Product sourcing, fulfillment and payment processing may be performed by third-party suppliers, distributors, Payment Processors or other partners (collectively, the "Third-Party Providers"). PlayVision will use reasonable efforts to assist Users in resolving issues relating to orders, fulfillment and payments and will act as the User's point of contact. The allocation of responsibilities among PlayVision and the Third-Party Providers governs their respective internal roles and shall not be construed as excluding any joint and several liability that may apply under applicable consumer protection laws..
12.3. To the maximum extent permitted by applicable law, and without prejudice to the consumer's inalienable rights, PlayVision shall not be liable for losses, delays, failed deliveries or other damages arising from:
(a) acts, omissions, decisions, or technical failures of Payment Processors, financial institutions, Suppliers, distributors, game publishers, or other third parties;
(b) inaccurate, incomplete, outdated, or incorrect information provided by the User, including account IDs, usernames, server selections, phone numbers, e-mail addresses, or other delivery details;
(c) unauthorized, fraudulent, or negligent use of the User's account or payment instruments;
(d) service interruptions or unavailability attributable to third parties, as set forth in Clause 10; or
(e) events beyond PlayVision's reasonable control, including force majeure events.
12.4. To the maximum extent permitted by law, and except for the inalienable rights of the consumer, PlayVision is not liable for indirect damages, lost profits or loss of data. Where permitted by law, PlayVision’s total liability relating to a transaction is limited to the amount effectively paid by the User in that transaction.
13. PRIVACY AND DATA PROTECTION
The processing of Users' personal data is carried out in accordance with Law No. 13,709/2018 (the Brazilian General Data Protection Law – LGPD) and is further described in the Privacy Policy. PlayVision acts as the controller of the personal data processed through the Platform and determines the purposes and means of such processing. Certain personal data may be shared with Suppliers, service providers and Payment Processors solely to the extent necessary to provide the Services, fulfill orders, process payments, comply with legal obligations and prevent fraud. Payment card details and other payment-method data are collected and processed directly by the relevant Payment Processor within its own systems and under its own privacy and security practices.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil. The Portuguese version is the official and prevailing version for all purposes.
14.2. The Parties will seek to resolve disputes amicably. Failing that, the consumer User may resort to consumer protection bodies and to the Judiciary, the competent venue being that of the User’s domicile, in accordance with the Consumer Protection Code.
15. GENERAL PROVISIONS