Europe Terms of sale
LAST REVISED: January 1, 2022
THE USER WITH THIS CERTIFICATE AND AFFIRMS TO BE MAJOR IN THEIR COUNTRY AND STATE OF RESIDENCE.
IF YOU ARE NOT OVER THE AGE OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
You must carefully read and understand these Terms of Sale ("Terms of Sale") governing purchases of digital content, including any purchases made through Battle.net® or Battle.net® Shop such as a game, downloadable or not, and / or other software that is not provided in tangible form, game subscriptions, in-game digital items, funds to be loaded in the form of Battle.net balance (collectively "Digital Content" and / or "Services").
Physical products are not currently offered for sale on this Platform.
Use of the Blizzard Platform as defined in Blizzard's End User License Agreement generally, including digital goods or services purchased from Blizzard, is governed by the End User License Agreement, which must be read in conjunction with the Conditions of Sale.
These Terms of Sale do not govern purchases from the Blizzard Gear Store (the "Blizzard Gear Store") available here which are governed by a separate set of policies and terms of service, which can be viewed directly on the Blizzard Gear Store site.
User order.
By placing an order, the user declares to be authorized to use the payment method used.
If you reside in Europe, the Middle East or Africa, ordering other Digital Content or Services, you are submitting a binding offer to purchase the relevant Digital Content or Services from Activision Blizzard UK Limited, with registered office at The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom (hereinafter "Blizzard", "we" or "us").
The order is accepted and the contract is concluded once we have sent a confirmation email to the email address registered in your Battle.net account.
The use of Digital Content or a Service is also governed by the Battle.net End User License Agreement, any other Licensor's end user license agreement and / or any other terms of use and / or terms of service presented to you during the ordering process.
You hereby expressly agree that the Provision of Digital Content and / or the performance of our Services begin immediately after we have enabled access to the Digital Content and / or Services which may take place either immediately after purchase or, in in the case of pre-orders and / or pre-purchases, when such Digital Content and / or Services are made available (“Execution of the Agreement”).
Subscriptions.
The duration of a game subscription will depend on the subscription period chosen.
To avoid any interruption in the use of Digital Content, the user's subscription is set for automatic renewal, for the same subscription period chosen.
You can cancel your subscription at any time by clicking the "cancel account" button on the first page of the account management page in your Battle.net Account before the current subscription period expires.
However, you will be able to use the Digital Content until the end of the current subscription period.
Please note that there are no refunds if you decide to cancel your subscription early as the Digital Content will be available for use until the end of the subscription period.
Blizzard reserves the right, in its sole discretion, to change the amount of subscription fees.
In such event, Blizzard will send an email notification to users at least thirty (30) days before any price changes are made.
With the notification, we will remind users that continued use after the end of the current subscription period implies acceptance of the new subscription rates.
However, the new price will only be applicable for users from the date of the automatic subscription renewal.
If you disagree with these price changes, you can cancel your subscription by clicking the "cancel account" button on the first page of your Battle.net Account management page before the subscription period begins with the price modified.
The cancellation must be made before the price changes take effect, otherwise the tacit acceptance of such changes will be considered.
Prices and payment.
Depending on your country of residence and the specific items you are purchasing, you may be able to choose between different currencies to purchase goods from Blizzard.
Prices include any applicable value added tax.
The Digital Content and Services are sold to you with a prepayment.
Payment is due immediately with the order and in case of automatic renewal of a subscription at the start of the new subscription period.
There may be several payment methods listed during the ordering process, such as credit card, direct debit, or Battle.net balance.
For the use of any external payment and billing service provider, such as PayPal, additional terms and costs of that provider may apply.
The user agrees to pay all applicable commissions and taxes incurred by the user himself or by anyone who uses his account.
If you choose a recurring subscription for a game, you acknowledge that payments will be processed automatically (for example, debited from your Blizzard Balance or debited from your credit card) until your subscription or account is canceled.
Blizzard may revise the prices of goods and services offered through the Platform at any time on reasonable notice.
Right of withdrawal.
The user has the right to withdraw from this contract within fourteen (14) calendar days of purchase without giving any reasons.
The withdrawal period will expire after 14 calendar days from the day of Execution of the Contract.
To exercise the right of withdrawal, the user must inform us of his decision to withdraw with a clear statement following the process as described here https://eu.battle.net/support/it/article/186491.
This statement must include your name, address, Blizzard Account name, order number, order date and withdrawal date (a sample withdrawal form can be found at the bottom of these Terms).
To ensure compliance with the withdrawal deadline, the withdrawal declaration must be sent before the withdrawal period has expired.
Effects of withdrawal.
To the user who successfully withdraws from the contract, we will refund all payments received within a reasonable time and beyond fourteen (14) days from the day we were informed of the decision to withdraw.
We will make this refund using the same means of payment used for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not have to incur any costs as a result of this reimbursement.
If you have requested to start providing the Services during the withdrawal period, you will have to pay us an amount proportional to what has been provided until you have notified us of your withdrawal from this contract, with respect to the full coverage of these services. under the contract.
Important:
Notwithstanding the foregoing, the user expressly acknowledges that he or she loses the right of withdrawal in relation to the purchase of digital content once the service has begun (see Article 1.
above) and for the game software, which require a prior download before accessing the content, once accessed.
The user hereby expressly acknowledges that he loses his right of withdrawal in relation to any Service if the service has begun with his express consent (see Article 1.
above) and once the contract has been fully executed by us.
Full details of Blizzard's refund procedures are detailed in our Refund Policy.
Please review our refund procedures before making any purchase.
Changes to the Conditions of Sale.
We may, from time to time, change, modify or update these Terms of Sale and the updated Terms of Sale will apply to all subsequent purchases.
The user agrees to consult and agree with the Conditions of Sale before making any purchase.
Indemnification and Limitation of Liability.
6.1
6.1.1.
Nothing in these Terms will limit Blizzard's liability for (a) death or personal injury resulting from our negligence or that of our employees or agents; (b) our malicious conduct, (c) fraud or fraudulent misrepresentation; (d) for gross negligence or (e) any other liability which cannot be excluded or limited under applicable law.
6.1.2.
Subject to Article 6.1.1, Blizzard will not be liable for any indirect, consequential, unforeseeable or punitive damages or for any loss of business, loss of profit, loss of income or revenue, loss of anticipated savings, or loss of data in any resulting way.
Blizzard will not be liable for damages resulting from any purchases made under these Terms of Sale, resulting from your fault or negligence or due to an event beyond our reasonable control (see the "Force Majeure" article. right away).
6.1.3.
Blizzard is liable for slight negligence only if Blizzard breaches a material contractual obligation under this document, for example if we fail to provide paid products or services, and Blizzard's liability will be limited to typical and foreseeable damages, excluded in each case. indirect, punitive and / or consequential damages.
6.1.4.
For all other liabilities, Blizzard's total aggregate liability for single or serial litigation arising will be limited to typical and foreseeable damages resulting from the infringement giving rise to the claim and will be limited to an amount equal to the fees paid by the user to Blizzard in the 30 days immediately preceding the claim.
6.2 You shall indemnify Blizzard from and against any and all liabilities, claims and costs incurred by, or incurred against, Blizzard as a direct or indirect result of Blizzard's performance of Services relating to our products or the supply of products to 'user.
Except as set forth in Blizzard's End User License Agreement or other agreements between you and Blizzard, Blizzard will have no liability to you for products subject to third party patents, copyrights, rights of databases, registered designs, trademarks or other protections.
Refer to the relevant terms of the manufacturer or owner of the product.
Major force.
Blizzard is not liable to you, nor in the event of a breach of contract, for any loss or damage as a direct or indirect result of Blizzard's delayed performance or inability to perform due to circumstances beyond Blizzard's reasonable control.
In such event, Blizzard may decide to cancel the order and refund any payments made.
Defects.
In the event of a defect, the statutory provisions apply.
Customer support service.
Contact details for customer support are available at http://eu.support.blizzard.com/en-gb.
In the event of any requests in relation to the purchase of Digital Content and / or Services, first contact our customer support service.
Dispute Resolution for Residents of the European Union and the United Kingdom.
If you are not satisfied with the resolution of your request by our customer service and if you are a resident of the European Union, the European Commission provides an online dispute resolution platform accessible at http: //ec.europa. eu / consumers / odr.
If you are not satisfied with the resolution of your request by our customer service and you are a resident of the UK, the UK Government provides information on consumer rights at https://www.gov.uk/consumer- protection-rights.
Entire agreement.
Blizzard's terms of sale and End User License Agreement prevail over other agreements between the parties or implicit in customs practices or commercial use.
Any presumed contrary terms or conditions, even with third parties, are excluded as legally permitted.
Applicable law.
If the user has placed an order with Blizzard Entertainment SAS, the Terms of Sale will be governed and interpreted in accordance with the laws of France .;
if you have placed an order with Blizzard Entertainment International, a trade name of Activision Blizzard International BV or Activision Blizzard International BV, the Terms of Sale will be governed by and construed in accordance with the laws of the Netherlands; excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
competent forum.
To the fullest extent permitted by applicable law, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale will be that of the courts of the Netherlands or France, depending on the counterparty with which the the user has entered into the agreement pursuant to Article 1.
Attachment: model withdrawal form
A: Activision Blizzard UK Limited
I hereby communicate my withdrawal from the sales contract for the following digital content / for the provision of the following service: [insert name of digital content / service]
Ordered on: [insert date]
Order number: [insert order number]
Name: [insert your name]
Address: [insert your address]
Blizzard Account: [enter your Blizzard account email address]
Date: [Insert date and if sent by post, signature]