Europe Terms of Sale
LAST UPDATE: January 1, 2022
YOU MUST BE OF MAJORITY AND HEREBY CONFIRM THAT YOU ARE AN ADULT AND THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE.
IF YOU ARE UNDER THE AGE OF AGE, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS AGREEMENT.
Please read these Terms of Sale (“the Terms of Sale”) carefully and understand how they govern the purchase of Digital Content, including any purchases made through Battle.net® or the Battle.net® Shop such as: B. Games, either downloadable or non-downloadable, and other types of software not provided in physical form, game subscriptions, in-game digital items, or funds uploaded as Battle.net Balance (collectively, “Digital Content ' and/or 'Services').
Physical products are not currently available for sale on this platform.
Use of the Blizzard Platform, as generally defined in the Blizzard End User License Agreement, including any digital goods or services purchased from Blizzard, is governed by the terms of the Blizzard End User License Agreement, which should be read in conjunction with the Terms of Sale.
These Terms of Sale do not apply to purchases made from the Blizzard Gear Store (the “Blizzard Gear Store”) located here, which are governed by separate policies and terms of use, which can be viewed directly on the Blizzard Gear Store website.
Your Order.
By placing an order, you declare that you are an authorized user of the payment method used.
If you are a resident of Europe, the Middle East or Africa, by ordering any other digital content or service, you constitute a binding offer to purchase the related digital content and service from Activision Blizzard UK Limited, whose registered office is at The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom (hereinafter referred to as 'Blizzard', 'we' or 'us'.
Your order will be accepted and a contract will be formed once we send a confirmation email to the email address on file with your Battle.net account.
Use of any Digital Content or any Service is also governed by the Battle.net End User License Agreement, other licensors' End User License Agreements, and/or other terms of use and/or service terms presented to you during the ordering process.
You hereby expressly agree that the provision of Digital Content and/or the provision of our Services will commence immediately upon the release of access to the Digital Content and/or Services, either immediately after purchase or in the case of pre-orders and/or pre-purchases, once that digital content and/or service is made available (“Performance of the Contract”).
Subscriptions.
The duration of a game subscription depends on the subscription period you have chosen.
In order to avoid any interruption in the use of the digital content, your subscription will be automatically renewed for the same subscription period you have chosen.
You may cancel your subscription at any time by clicking the "Cancel Account" button on the first page of your Account Management page in your Battle.net account before the end of the current subscription period.
However, you can use the digital content until the end of the current subscription period.
Please note that there are no refunds if you cancel your subscription early as the digital content will be available to you until the end of the subscription period.
Blizzard reserves the right to change subscription fee amounts at its sole discretion.
In such event, Blizzard will email you at least thirty (30) days prior to the price change.
With the notification, we are reminding you that if you continue to use it after your current subscription period has expired, you accept the new subscription fees.
However, the new price will only apply from the date of your automatic subscription renewal.
If you do not agree to these price changes, you may cancel your subscription by clicking the "Cancel Account" button on the first page of your account management page in your Battle.net account before the end of the subscription period with the changed price begins.
Your cancellation must be made before the price changes come into effect, otherwise these changes will be deemed accepted.
Prices and Payment.
Depending on your country of residence and the items you purchase, you may be able to choose from several different currencies to purchase Blizzard merchandise.
The prices include the applicable VAT.
Digital Content and Services are sold to you on a prepaid basis.
Payment is due immediately upon ordering and, if a subscription is automatically renewed, at the beginning of the new subscription period.
Various payment methods may be available to you, which will be specified during the ordering process, such as credit card, direct debit or Battle.net credit.
For the use of third-party payment and billing providers, such as B. PayPal, additional conditions and costs of this provider may apply.
You agree to pay all fees and applicable taxes incurred by you and any person using your account.
If you choose to have a perpetual subscription to a Game, you acknowledge that payments will be processed automatically (e.g., from your Blizzard wallet or credit card) until you cancel the subscription or account.
Blizzard may change the prices for the goods and services offered through the Platform at any time with reasonable notice.
right of withdrawal.
You have the right to withdraw from this contract within fourteen (14) calendar days after purchase without giving any reason.
The withdrawal period expires 14 calendar days after the conclusion of the purchase contract.
In order to exercise the right of withdrawal, you must inform us of your decision to withdraw by a clear statement, following the procedure described here https://eu.battle.net/support/en/article/186491. This notice must include your name, address, Blizzard account name, order number, date of order, and date of s (see the end of these Terms for a template opt-out form).
To meet the cancellation deadline, you must send your declaration of cancellation before the cancellation period has expired.
Legal Consequences of Withdrawal.
If you successfully withdraw from the contract, we will reimburse you for all payments we have received from you within a reasonable period of time, but no later than fourteen (14) days from the day on which we were informed of your decision to withdraw.
Unless otherwise expressly agreed by you, this reimbursement will be made using the same means of payment that you used for the original transaction and in any case free of charge.
If, during the Withdrawal Period, you have requested the provision of Services under a Sales Contract, you will pay us an amount proportionate to the work performed to fully cover those Services under the Sales Contract up to the time of your notice of withdrawal.
Important:
Notwithstanding the foregoing, you hereby expressly acknowledge that you lose your right of withdrawal in relation to the purchase of Digital Content after commencement of performance (see Section 1. above) and for Game Software that requires a prior download prior to accessing the Content, once you access the content.
You hereby expressly acknowledge that you lose your right to withdraw from any Services once performance has commenced with your express consent (see Section 1 above) and the Contract has been fully performed by us.
For detailed information on Blizzard's refund practices, please see our Refund Policy.
Please review our refund policies before making a purchase.
Changes to the Terms of Sale.
We may change, modify or update these Terms of Sale from time to time.
The revised Terms of Sale will apply to all subsequent purchases.
You agree to read and accept the Terms of Sale prior to any purchase.
Release and Limitation of Liability.
6.1
6.1.1. Nothing in these Terms limits Blizzard's liability for (a) death or personal injury caused by our negligence or that of our employees or agents; (b) our willful misconduct; (c) fraud or fraudulent misrepresentation; (d) for gross negligence; or (e) for any other liability which cannot be excluded or limited under applicable law.|
6.1.2. Subject to 6.1.1, Blizzard shall not be liable for any indirect, consequential, incidental, or punitive damages, or for any loss of business, profits, revenue, revenue, anticipated savings, or data howsoever arising.
Blizzard will not be liable for any damages arising out of any purchase made pursuant to these Terms of Sale which are the result of your fault or negligence or an event beyond our reasonable control (see the “Force Majeure” section below).
6.1.3. Blizzard shall only be liable for ordinary negligence where Blizzard breaches a material contractual obligation, such as our failure to deliver any product or service paid for, and Blizzard's liability shall be limited to typical and foreseeable damages, including in any event indirect, punitive, and/or Consequential damages are excluded.
6.1.4. With respect to all other liabilities, Blizzard's aggregate liability per claim or series of related claims shall be limited to typical and foreseeable damages arising out of the breach giving rise to the claim and shall be limited to an amount equal to the fees paid by you during the 30 days paid to Blizzard immediately prior to your claim.
6.2 You will indemnify Blizzard against all liabilities, claims and costs that Blizzard may incur as a direct or indirect result of the performance of services in connection with our Products or the provision of Products to you.
Except as provided in the Blizzard End User License Agreement or any other agreement between you and Blizzard, Blizzard shall have no liability to you for any Products which are subject to any patent, copyright, database right, registered design, trademark or other proprietary right of any third party.
Please refer to the applicable conditions of the product manufacturer or owner.
Force majeure.
Blizzard will not be liable to you, nor in breach of contract, to you for any loss or damage arising directly or indirectly from Blizzard's delay in performance or inability to perform as a result of circumstances beyond Blizzard's reasonable control.
In such event, Blizzard may cancel your order and refund any payments made.
Defects.
In the event of a defect, the statutory provisions apply.
Customer service.
Contact information for customer service can be found at http://eu.support.blizzard.com/de-de.
For any concerns related to your purchase of Digital Content and/or Services, please contact our Customer Service first.
Dispute Resolution for Residents of the European Union and the United Kingdom.
If you are not satisfied with the resolution of your concern through our customer service and you are a resident of the European Union, the European Commission provides an online dispute resolution platform, which can be reached at the following address: http://ec.europa .eu/consumers/odr.
If you are not satisfied with the resolution of your concern by our customer service and you are a UK resident, the UK Government makes consumer rights information available at: https://www.gov.uk/consumer-protection-rights.
Entire Agreement.
The Terms of Sale and the Blizzard End User License Agreement shall prevail over any other agreement between the parties or implied by trade, custom or course of business.
Deviating terms and conditions, including those of third parties, are excluded to the extent permitted by law.
Applicable Law.
If you have placed an order with Blizzard Entertainment SAS, the Conditions of Sale shall be governed by and construed in accordance with the laws of France.;
If you have placed an order with Blizzard Entertainment International, a trading name of Activision Blizzard International BV or Activision Blizzard International BV, the Conditions of Sale shall be governed by and construed in accordance with the laws of The Netherlands; to the exclusion of its conflict of laws norms and to the exclusion of the UN Sales Convention.
place of jurisdiction.
To the maximum extent permitted by applicable law, you expressly agree that the exclusive venue for any claim or action arising out of or in connection with these Terms of Sale shall be the courts of the Netherlands or France, depending on with whom you settle in Section 1 have signed a contract.
Attachment: Withdrawal Form - Template
An:
Activision Blizzard UK Limited
I hereby inform you that I withdraw from the contract for the purchase of the following digital content/service: [insert the name of the digital content/service]
Ordered on: [insert date]
Order number: [please insert order number]
Name: [please enter name]
Address: [Please enter your address]
Blizzard Account: [please enter your Blizzard Account email address]
Date: [Please insert date and signature if sent by post]