PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE G2A LOOT PROGRAM. PARTICIPATION IN THE G2A LOOT MEANS THAT YOU AGREE TO BE BOUND BY ALL RULES CONTAINED OR REFERENCED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE UPON THESE RULES, YOU MAY NOT TAKE PART IN THE G2A LOOT PROGRAM.
This document defines the legal (contractual) relationship between the User, Sterling Media (as defined below) and G2A.COM.
consumer – means any User, who is a natural person and who acts in the agreement covered by these Terms and Conditions for purposes, which are outside his/her trade, business, craft or profession.
Sterling Media - means the company Sterling Media Limited with its registered office in Marshall Islands under the number of 92011.
Additional data related to Sterling Media which may be used by the User for contact purposes:
- e-mail: firstname.lastname@example.org
G2A.COM – means the company G2A.COM Limited with its registered office in Hong Kong, address: 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, Special Administrative Region of China, registered in the Companies Registry conducted by Hong Kong Authority under the number 2088957.
Additional data related to G2A.COM which may be used by the User for contact purposes:
- e-mail: email@example.com;
- contact form available at the following address: https://supportcenter.g2a.com/#/tickets/add;
G2A Terms and Conditions – means the terms and conditions regarding the use of the Site which are available at: https://www.g2a.com/terms-and-conditions.
Chest – means various services offered on the Site, especially G2A Loot Points or a service that allows for a possibility to get digital keys to video games or other products available; digital key consists of a sequence of numbers and letters; technical requirements related to given video game shall be available on the Site or at http://store.steampowered.com/; a key to a video game can be activated solely on Steam platform; value of products under G2A Loot program deposited under a given Chest corresponds of its purchasing value.
G2A Loot Points – means multi-purpose vouchers that can be exchanged in G2A Loot Program for various services on the Site, especially for a service that allows for a possibility to get products from a Chest.
Reflink - a special website address generated by the specific functionality of the Site, containing a unique identification of the User, serving as a tool for the User to invite new Users to take advantage of the services offered on the Site. When clicking on the link, the Reflinked Person can see the offers of products or services offered on the Site. This reflink may refer either to the specific product or service offered through the Site.
Reflinked Person – a person who clicked on the Reflink placed by the User and bought a product or service offered through the Site. A reflinked person of the second or third relation level is a person who registered on the Site and has the status of a User.
Terms and Conditions – means these terms and conditions.
Site – means a group of affiliated websites, available on the Internet at: www.loot.g2a.com.
User – means any person, legal or natural who participates in the G2A Loot program; the User being a natural person shall be at least 18 years old (or shall reach age which in light of applicable domestic law entitles him/her to execute legally binding agreements), has full capacity to take legal actions and agrees to obey these Terms and Conditions. Should the User act for and on behalf of a third party being a legal person, a so called non-corporate legal entity etc. – they hereby assert Sterling Media as well as G2A.COM that he/she is authorized to commit, enter into obligations and incur any liabilities related to the execution of this agreement for and on behalf of such person, and the acceptance of these Terms and Conditions by such User is of the same effect as if they were accepted by such third party.
- GENERAL PROVISIONS
- Participation in the G2A Loot program is intended only (i) for the User who is eighteen (18) years old or over at the time of entry and is not under guardianship or custody, and (ii) who has active G2A ID account.
- The G2A Loot program shall be applied only when participation in that kind of program is legally permissible without any law, rules or requires additional licenses, permits or other approvals.
- PARTICIPATION IN THE G2A LOOT PROGRAM IS SUBJECT TO: (I) THESE TERMS AND CONDITIONS AND (II) G2A TERMS AND CONDITIONS.FOR THE SAKE OF CLARIFICATION, THE G2A TERMS AND CONDITIONS REGULATE THE PROCEDURE AND PROCESS OF USING G2A.COM SITE. IN THE EVENT OF ANY DISCREPANCY BETWEEN THESE TERMS AND CONDITIONS AND THE G2A TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL.
- RULES OF THE G2A LOOT PROGRAM
- COM UNDER G2A LOOT PROGRAM IS ONLY AN ENTITY WHICH PROVIDES AN INTERNET PLATFORM (SITE) THANKS TO WHICH USER MAY PARTICIPATE IN THE AFORESAID PROGRAM. FOR THE AVOIDANCE OF DOUBT, G2A.COM IS NOT AN ORGANIZER OF G2A LOOT, NEITHER DOES IT OFFER ANY PRODUCTS UNDER THE G2A LOOT PROGRAM. G2A.COM acts under the G2A Loot program as a subcontractor for Sterling Media and Sterling Media is solely responsible for the G2A Loot Points and Chest available on the Site.
- Under G2A Loot, the User has an opportunity to purchase on the Site G2A Loot Points that can be exchanged for various services (Chest) on the Site, including but not limited to participation in the game where the User have a possibility to get one (1) of digital cd-key or other products deposited under a given Chest. Sterling Media is fully entitled to introduce limits for the availability of the Chest and the number of its openings by the User.
- Value and type of Chest and products deposited under it within the G2A Loot program may vary, however, it shall be always presented on the Site.
- The User has an opportunity to create him/herself up to four (4) the Chest where the products indicated on the Site may be included. The creation process of the Chest is always presented on the Site. Once the other User opens the Chest created by the User, the User who created it is entitled to receive G2A Loot Points from Sterling Media in the amount presented on the Site. If the User breaches of these Terms and Conditions Sterling Media is entitled to block access or delete the created Chest and/or the G2A Loot Points granted to the User shall be removed from the User’s account.
- Sterling Media gives to the User possibility to transfer obtained digital keys to Sterling Media, for seventy-five percent (75%) of G2A Loot Points used to obtain the keys. This section shall not be applied if User received the keys via email as a gift link, or if it was activated on Steam platform. The exchange value for the keys will be solely transferred to G2A Balance Loot and converter only into G2A Loot Points.
- The User cannot sell or transfer the products obtained from a Chest in any way, apart from the exception set forth in section 2.5 above.
- THE USER IN ORDER TO PARTICIPATE IN G2A LOOT PROGRAM MAY USE ONLY G2A LOOT POINTS WHICH ARE DEPOSITED UNDER DEDICATED USER’S ACCOUNT, I.E. G2A LOOT BALANCE. THE G2A LOOT POINTS DEPOSITED UNDER G2A LOOT BALANCE ARE NOT REFUNDABLE, REDEEMABLE FOR CASH AND CANNOT BE RESOLD, EXCHANGED, TRANSFERRED FOR VALUE OR MONETIZED IN ANY WAY. G2A LOOT POINTS CANNOT BE USED ON OR ANY OTHER WEBSITES THAN THE SITE. FOR THE AVOIDANCE OF DOUBT, G2A.COM DECLARES THAT THE MONEY DEPOSITED ON G2A LOOT BALANCE MAY NOT BE TRANSFERRED TO G2A WALLET.
- The User may not use G2A Loot Points, Chests, or any products available on the Site for any illegal or unauthorized purpose nor may he/she violate any laws in his/her jurisdiction (including but not limited to copyright laws).
- USERS' ACCOUNTS
- The User's account is conducted solely by G2A.COM.
- Each User shall disclose his/her place of residence (headquarter or place of habitual residence). The User takes note and accepts that G2A.COM is in possession of tolls which detect the localization of computer network device (and its connection), as regards the country of origin from which the registration is performed. In case of discrepancies between the place of residence, headquarter or place of habitual residence indicated by the User in the course of registration process and the results of verification made by G2A.COM, in particular on localization of computer network device (and the connection) as regards the country of origin from which the registration is performed, G2A.COM shall be entitled to refuse to set-up the account. Notwithstanding the foregoing the User also agrees on the aforesaid localization verification after the registration within the Site and undertakes to provide G2A.COM with all information in this respect. The User is entitled to set up only one account, unless G2A.COM gives individual permission. For the avoidance of doubt, the User will not use VPN connection during the use of Site, unless it is necessary to run a registered business.
- The User is obliged to exercise reasonable care to ensure that an updated email address is always assigned to his account on the Site.
- In case of violation of these Terms and Conditions and the law in force by the User, G2A.COM reserves its right and possibility to block User's account.
- Within the scope permitted by law, G2A.COM reserves the possibility of temporary unavailability of access to accounts, which may occur due to conducted modernization works or technical problems. If any technical problems arise, G2A.COM hereby commits to deal with them as soon as possible.
- The User acknowledges that sharing his/her account with other people or giving access thereto to persons other than the User's personnel may cause irreversible damage to G2A.COM. The User is obliged to protect G2A.COM and its partners against losses and damage caused by the use of their account by third parties.
- In order to obtain the product, the User is obligated to follow the information provided accordingly on the Site during the usage of the Site.
- The User may not provide G2A.COM and Sterling Media with unlawful content.
- Topping up the G2A Loot Balance shall be made by the User prior to providing G2A Loot Points to him/her by Sterling Media.
- The User may be charged additionally for the use of selected payment method to top up G2A Loot Balance. All payment methods and payment fees are described within the card information, which is available on the Site.
- To the extent permitted by law, G2A.COM and/or Sterling Media shall not be liable against the User for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or the inability to process them due to technical reasons. In such cases, the User shall contact the applicable operator of the payment site in accordance with that site's terms and conditions. If the payment has not been accepted due to G2A.COM and/or Sterling Media fault, the User shall inform G2A.COM and/or Sterling Media thereof by sending an e-mail to the address: firstname.lastname@example.org.
- The User asserts that he/she shall top up the G2A Loot Balance with the use of funds coming from legal sources.
- DELIVERY OF THE PRODUCTS
- The products obtained under G2A Loot program shall be provided to the User (at his/her discretion) either as a gift link sent to the email indicated by the User on the Site, or it may be automatically activated on User's Steam account through activator available on the Site or in other possible way – depending on the nature of a product. If the User does not activate a digital key or not request to send it as a gift link to his/her email within twenty-four (24) hours after completing a given process on the Site that gave the User the right to obtain the key, then that key will be automatically exchanged for 75% (seventy-five percent) of the amount of G2A Loot Points used for obtaining the key.
- For the avoidance of doubt, any cd-key obtained from a Chest will not be provided to the User as a digital sequence of numbers and letters, but it can be used on Steam platform by one of the methods indicated above.
- IN ORDER TO ACTIVE KEY ON USER'S STEAM ACCOUNT, THE USER IS OBLIGATED TO USE ACTIVATOR AVAILABLE ON THE SITE WICH MEANS THAT STERLING MEDIA AND G2A.COM WILL RECEIVE THE USER'S LOGIN AND PASSWORD TO STEAM PLATFORM, AS WELL AS THE AUTHORIZATION CODE (2FA / STEAM GUARD) IF IT IS USED BY THE USER – THE USER FULLY AGREES AND ACCEPTS IT.
- If the given product is out of stock, the User, at his/her discretion, shall be entitled to (i) receive back one hundred percent (100%) of its G2A Loot Points allocated to get the product or (ii) postpone of its receipt until a given product is available.
- IF THE USER HAVE CHOSEN TO RECEIVE THE PRODUCT IN A FORM OF DIGITAL KEY AS A GIFT-LINK, THEN THE USER IS OBLIGATED TO ACTIVATE IT ON HIS/HER STEAM ACCOUNT WITHIN 7 (SEVEN) CALENDAR DAYS AFTER COMPLETING A GIVEN PROCESS ON THE SITE THAT GAVE THE USER THE RIGHT TO OBTAIN THE KEY. IN THE EVENT OF NON-ACTIVATION OF THE KEY WITHIN THE SAID 7 (SEVEN) CALENDAR DAYS PERIOD, THE PRODUCT WILL BE AUTOMATICALLY TRANSFERRED TO STERLING MEDIA FOR 75% (SEVENTY-FIVE PERCENT) OF THE AMOUNT OF G2A LOOT POINTS USED BY THE USER FOR OBTAINING THE KEY.
- COM and/or Sterling Media are responsible for the proper performance of this agreement, including proper delivery of the G2A Loot Points, Chest or products, however, G2A.COM and/or Sterling Media shall not be liable for any quality and technical failure of a given game to which the G2A Loot Points, Chest or related products may be used.
- COM and/or Sterling Media are not responsible for region, language or any other upcoming restriction regarding the given video game for which the G2A Loot Points, Chest or related products may be used. The User is obliged to familiarize themselves with description of the given video game provided on the Site or on Steam platform.
- COM and/or Sterling Media shall have no liability for issues encountered with downloading, activating or using the G2A Loot Points, Chest or related products due to factors beyond their control, including the User's computer performance and speed of User's internet connection.
- The User agrees to indemnify, defend and hold G2A.COM and/or Sterling Media and their subsidiaries harmless – including affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees - from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of the User's breach of these Terms and Conditions or the User's violation of any law or the rights of a third-party.
- COM and Sterling Media are not responsible for any interference of the Site, including interruption or malfunction of the Site due to force majeure, planned activities related to ongoing maintenance of the Site, server failures, unauthorized acts of third parties, external service provider or any causes laying on the User's side. Sterling Media makes the utmost effort to keep the Site functioning properly.
- COM and Sterling Media are not responsible for problems connected with obtaining the link to the Product sent via e-mail resulting from the inappropriate User's e-mail server settings or the e-mail account of the User and their individual configuration of the security of the computer or an e-mail program.
- Services (or any other functionalities incorporated into the Site) can be various for different countries or regions. No guarantee is given to the effect that service or the functionality of a certain type of reach will be available to all Users. G2A.COM and/or Sterling Media may, at its absolute discretion, restrict, decline or create another level of access relating to the use of services (or any other functionality incorporated into the Site) for different individual Users.
- COM and Sterling Media informs that the use of the services provided by electronic means through the Internet is risky. The basic threat to every Internet user, including those using electronic services, is the ability to infect a teleinformatic system through various types of software designed primarily to inflict damage, such as viruses, "worms" or "Trojan horses". To avoid the risks associated with this, it is important for the User to equip his or her Internet connection with an antivirus program and constantly update it by installing its latest versions. It is also advised to the User to use various means, including common sense, in order to assure his safety.
- Sterling Media shall be liable to the User for any lack of conformity which exists at the time G2A Loot Points or products are delivered.
- In the case of a lack of conformity of G2A Loot Points, Chest or related products (invalid given cd-key or other fault jeopardizing possibility to properly use the product), the User shall be entitled to have the G2A Loot Points, Chest or related products brought into conformity free of charge by repair or replacement or to have an appropriate refund made in the amount of G2A Loot Points or the agreement rescinded with regard to this given G2A Loot Points, Chest or related products. In the first place, the User may require Sterling Media to repair the given G2A Loot Points, Chest or related products or they may require replacing it, in either case free of charge, unless this is impossible or disproportionate. In the next step, the User may require an appropriate refund made in the amount of G2A Loot Points or have the agreement rescinded if the User is not entitled to demand repair or replacement due to the fact that Sterling Media repaired or replaced the invalid G2A Loot Points, Chest or related products. The User is not entitled to have the agreement rescinded if the lack of conformity is minor. FOR THE AVOIDANCE OF DOUBT, THE USER IS NOT ENTITLED TO DEMAND ANY REFUND, REPLACEMENT OR RESCIND THE AGREEMENT IF THE GIVEN DELIVERED G2A LOOT POINTS, CHEST OR RELATED PRODUCTS ARE VALID. The return of the given G2A Loot Points, Chest or related products in the cases provided for in this section is free of charge.
- In the event of a lack of conformity of the G2A Loot Points, Chest or related products in order to perform the procedure as described in section 6.2 above, the User shall create a ticket on https://supportcenter.g2a.com/#/tickets/add, and follow the instructions provided therein. In ticket form, the User shall provide at least the following information: (i) category of problem, (ii) language in which the answer shall be provided to the User, (iii) User's email, (iv) order number, (v) topic of the ticket, (vi) name of the product, (vii) Steam trade URL (if applicable), (viii) added attachment with the picture showing the invalidity of the given G2A Loot Points or product. Sterling Media with help of G2A.COM shall make the utmost effort to resolve the User's problem with the invalid specific G2A Loot Points, Chest or related products.
- Sterling Media and G2A.COM make no warranties for any video game for which the G2A Loot Points may be used. For the avoidance of doubt, Sterling Media declares that when it provides video game related product these are exclusively for given video game and therefore Sterling Media not liable for any video game for which a given product may be used.
- GENERAL TERMS AND CONDITIONS REGARDING THE USE OF THE SITE
- Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute the intellectual property of G2A.COM or Sterling Media. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for G2A.COM or Sterling Media. Any trademarks, marks and trade names constitute G2A.COM or Sterling Media property. Without the explicit consent of G2A.COM or Sterling Media, neither the User must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission from G2A.COM or Sterling Media. The use of any content or materials available from the Site for purposes not specified in these Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other.
- G2A LOOT REFLINK PROGRAM
- The G2A Loot Reflink Program is a marketing system that allows a User to obtain benefits when Reflinked Person top up his/her G2A Loot Balance by G2A Loot Points on the Site.
- To obtain benefits through G2A Loot Reflink Program, a User shall place Reflink assigned to their account in any viable place. The User must not send unsolicited email (so called spam) containing Reflinks, and must - before placing a Reflink - read the terms of any such sites and verify that Reflink placement does not violate any of the site rules.
- Users who place Reflink on any viable place must be registered on the Site by submitting their e-mail address, password, nickname and any other information presented there.
- In the event of top up the G2A Loot Balance by the Relinked Person via Reflink, the User who placed this Relink is entitled to receive from Sterling Media a benefit in amount of 10% of the topped up G2A Loot Points on G2A Loot Balance by the Reflinked Person.
- The Reflink is valid for 3 (three) days from the date of its placement by the User. After expiration of the period set forth in previous sentence, the User shall not be entitled to obtain any benefits under G2A Loot Reflink Program.
- G2A and Sterling Media declare that the participation in the Reflink Program is voluntary and the User is not required to make purchases of products and services offered on the Site nor is he obliged to Reflink any person, nor forced to take part in any other marketing activities.
- Each registered User on the Site can see the amount of benefits he/she has accumulated. This amount is recorded and stored on the User's G2A Loot Balance.
- Users are obliged to file and pay (if any) the tax generated by the benefits received through G2A Loot Reflink Program and the Site on their own behalf.
- Users and Reflinked Person may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from Sterling Media or by the usage of G2A Loot Reflink Program or engage in other activity holding Sterling Media as susceptible to losses, especially to undertake activities that would (or cause) obtain remuneration using G2A Loot Reflink Program in the absence of payment for the goods or services by the Reflinked Persons. In particular, Users cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business and fair competition. If a User engages in behavior specified in this paragraph, Sterling Media and G2A.COM has the right to terminate the account agreement with immediate effect and stop all payments on its behalf.
- Under G2A Loot Reflink Program it is forbidden to act by the User or any third party on behalf of the User such as:
- creating, placing or using any keywords, search terms, or other identifiers (including title or meta description) which is identical, pretends or simulates G2A.COM's ads (including such as the words "g2a", or "g2a.com", or any other trademark of G2A.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine's network;
- creating, placing or using any method under which given person is redirected to Site without his/her consent and/or taking any action in this regard, a redirection is performed for a person in unaware manner or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for G2A.COM;
- any product or service was purchased by a Reflinked Person referred to the Site by a link that sends a person indirectly to the Site via an intermediate site, without requiring the person to click on a link or take some other affirmative action on that intermediate site;
- hiding Reflink on the website, by placing inframe scripts, using a redirect from the ad network or referral links;
- placing on his/her site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person prior to being downloaded or installed on their computer or other electronic device;
- posting or serving any special links or other content promoting the Site within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with User's site promoting products or services closely associated with the materials on User's site;
- causing that website displays Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf and click-exchange programs.
If G2A.COM believes that the User have engaged in any of above-mentioned activities, G2A.COM may take a number of actions to protect itself, its customers and others at any time in its sole discretion. The actions G2A.COM may take include, but are not limited to, the following:
- terminate this User agreement and/or close or block the User's G2A Loot Balance, and G2A.COM may refuse to provide its services to the User in the future;
- limit the User's access to Site, software, systems (including any networks and servers used to provide any of G2A.COM's services) operated by G2A.COM or on its behalf, the User's G2A Loot Balance or any of its services, including limiting the User's ability to pay or send money with any of the payment methods linked to the User's G2A Loot Balance, restricting the User's ability to send money or make withdrawals;
- hold the User's G2A Loot Balance for up to 90 days if reasonably needed to protect against the risk of liability. Prior termination of this User agreement and/or suspend or close the User's G2A Loot Balance due to the reasons stipulated in this section, G2A.COM is entitled to inform the User in this regard via email or pop-up presented on the User's G2A Loot Balance.
In case of violation of the law or these Terms and Conditions, any accumulated benefits under the G2A Loot Reflink Program by the User will not be paid out to him/her.
The User is responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by G2A.COM or Sterling Media, any G2A.COM's or Sterling Media's customer, or a third party caused by or arising out of the User's breach of this agreement, and/or the User's participation in G2A Loot Reflink Program. The User agrees to reimburse G2A.COM and Sterling Media, any G2A.COM's and Sterling Media's customer, or a third party for any and all such liability.
- FINAL PROVISIONS
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
- Should any provisions hereof prove to be invalid or ineffective, they will not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by such valid provisions which reflect the economic value, intention of the parties and objective of the invalid or ineffective provisions to the highest extent.
- Sterling Media reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, in particular (i) a change in the scope of economic activity carried out by G2A.COM, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, including case law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) in order to ensure proper functioning of the Site, (iv) introducing new products or services by G2A.COM, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security of the User as well as (vii) to introduce new or changes to the existing rules of the service. In this case, Sterling Media with help of G2A.COM will inform Users of the changes, by sending them a copy of the changes to the e-mail address and a revised version of the Terms and Conditions, no later than 14 days prior to the planned changes. If the User does not accept the providing amendments to these Terms and Conditions, he or she is entitled to terminate the agreement, and then delete his/her account on the Site.
- Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the relevant court in Hong Kong, Special Administrative Region of China, unless the domestic regulations where the given consumer has its place of habitual residence constitute otherwise.