Europe Terms of Sale
LAST CHANGE DATE: January 1, 2022
IT IS REQUIRED THAT THE USER IS AN ADULT PERSON WHO HAS COMPLETED OF THE AGE IN THE COUNTRY AND STATE OF RESIDENCE, AND THE USER HEREBY CONFIRMS THAT YOU ARE AN ADULT.
IF THE USER IS NOT OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE CONCLUSION OF THIS AGREEMENT.
Please carefully read and understand these Terms of Sale ("Terms of Sale") that govern your digital content purchases, including any purchases made through Battle.net® or the Battle.net® Store, such as games, downloadable or non-downloadable content, and / or other software that is not provided in tangible form, game subscriptions, digital in-game items, credits to be transferred as 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 the Blizzard End User License Agreement, including any digital goods or services purchased from Blizzard, is governed by the End User License Agreement, the End User License Agreement, which should be read in conjunction with the Terms of Sale.
Purchases from the Blizzard Gear Store ("Blizzard Gear Store") located here are not governed by these Terms of Sale, as they are governed by separate terms and conditions of service that can be viewed directly on the Blizzard Gear Store.
Your order.
By placing an order, the user declares that he is an authorized user of the payment method used.
If you are resident in Europe, the Middle East or Africa by placing an order for other Digital Content or Services, you are making a binding offer to purchase the relevant Digital Content or Services from Activision Blizzard UK Limited, The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom (hereinafter referred to as "Blizzard", "we" or "us").
Your order is accepted and the contract is concluded when we send you a confirmation email to the email address you have stored in your Battle.net account.
Use of Digital Content or Services is also governed by the Battle.net End User License Agreement, any other end user license agreement from Licensor and / or any other terms of use and / or terms of service presented to you during the ordering process.
You agree that the delivery of Digital Content and / or the provision of our Services will commence immediately after we give you access to the Digital Content and / or the Services, which may be immediately after your purchase or, for pre-orders and / or pre-sale as soon as such Digital Content and / or Services are made available ("Contract Performance").
Subscription.
The duration of the subscription to the games depends on the selected subscription period.
To avoid any interruption in the use of Digital Content, the subscription is renewed automatically for the subscription period chosen by the user.
You may cancel your subscription at any time by clicking the "Cancel Account" button on the first tab of the Account Management page of your Battle.net account before the current subscription period expires.
The User has the right to use the Digital Content until the end of the current subscription period.
Please note that in the event of early termination of your subscription, you will not be entitled to a refund as the Digital Content will be available until the end of the subscription period.
Blizzard reserves the right to change the amount of subscription fees at its sole discretion.
In such event, Blizzard will send you at least thirty (30) days' notice by email prior to any price changes.
In the notification, we will remind you that continued use beyond the end of the current subscription period will constitute acceptance of the new subscription fees.
However, the new price will only apply from the date of automatic subscription renewal.
If you do not agree to the price changes, you may cancel your subscription by clicking on the "Cancel Account" button on the first tab of the Account Management page of your Battle.net account prior to the beginning of the subscription period at the modified price.
The cancellation must take place before the price changes take effect, otherwise the user will be deemed to have accepted the changes.
Prices and payment.
Depending on your country of residence and the specific items purchased, you may choose different currencies when purchasing goods from Blizzard.
The prices include the applicable VAT.
Digital Content and Services are sold to you on a prepaid basis.
Payment is due immediately after placing the order and in the event of automatic subscription renewal at the beginning of a new subscription period.
You may use a variety of payment methods as indicated during the ordering process, such as credit card, direct debit, or Battle.net Balance.
If you use any third party payment and billing provider such as PayPal, additional terms and costs for that provider may apply.
You agree to pay all fees and applicable taxes levied against you or any other person using your Account.
If the user selects a recurring subscription for a game, the user confirms that payments will be processed automatically (e.g.
charged from your Blizzard Balance or credit card) until you cancel your subscription or Account.
Blizzard may change the prices of goods and services offered through the Platform at any time subject to prior notification.
Right to withdraw.
The user has the right to withdraw from this contract within fourteen (14) calendar days of purchase without giving any reason.
The withdrawal period will expire after fourteen (14) days from the date of performance of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending us an unequivocal statement in accordance with the procedure described here: https://eu.battle.net/support/en/article/186491.
Such statement must include your full name, address, Blizzard Account name, order number, order date, and withdrawal date (an example of a withdrawal form is provided at the bottom of these Terms).
In order to ensure that the withdrawal period is kept, the user should send a declaration of withdrawal before the withdrawal period has expired.
Effects of withdrawal.
If you successfully withdraw from the contract, we will refund you all payments received from you within a reasonable time, which will be no later than fourteen (14) days from the date on which we are informed of your decision to withdraw.
Unless you have expressly instructed us otherwise, we will issue a refund using the same payment means that you used in the initial transaction; the user will in no event incur any fees related to the return.
If the user requests the commencement of the provision of the Services during the withdrawal period, the user undertakes to pay us an amount proportional to the scope of the Services performed up to the time of informing us of the withdrawal from this contract, compared to the full scope of the contract.
Attention:
Notwithstanding the foregoing, you hereby expressly acknowledge that your right of withdrawal with respect to the purchase of Digital Content will no longer be applicable once you start using it (see section 1.
above), and for game software that requires you to download before accessing content, after accessing such content.
You expressly acknowledge that you lose your right of withdrawal with respect to any Services if performance has begun with your express consent (see section 1.
above) and when the contract has been fully performed by us.
Please see our Refund Policy for details on Blizzard's reimbursement procedures.
Please read our return procedures before purchasing.
Changes to the terms of sale.
We may change, modify or update these Terms of Sale from time to time, and 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.
Compensation and limitation of liability.
6.
1
6.
1.
1.
Nothing in these Terms shall limit Blizzard's liability for (a) death or personal injury arising from our negligence or the negligence of our employees or agents; (b) our willful breach of duty, (c) fraud or willful misrepresentation; (d) gross negligence; or (e) any other liability that cannot be excluded or limited under applicable law.
6.
1.
2.
Subject to point 6.
1.
1, Blizzard shall not be liable for any indirect, consequential, unforeseeable or retaliatory damages of any kind, or for any loss of profit, profit, income or revenue, loss of anticipated savings, or loss of data, regardless of how this occurred.
Blizzard will not be liable for damages arising from purchases made under these Terms of Sale, whether caused by your fault or negligence, or by events beyond our control (see "Force Majeure" below).
6.
1.
3.
Blizzard is only liable for slight negligence in the event that Blizzard breaches a material contractual obligation under these Terms of Sale, for example, if we fail to provide a paid product or service, Blizzard's liability will be limited to typical and foreseeable damages, excluding in any case of indirect damages, damages for retaliation and / or consequential damages.
6.
1.
4.
For all other obligations, Blizzard's total aggregate liability for the claim or series of related claims is limited to the typical and foreseeable damages resulting from the breach underlying the claim, and will be limited to an amount equal to any fees paid by you to Blizzard within 30 days immediately prior to the making a claim.
6.
2 You agree to indemnify Blizzard from all liabilities, claims and costs incurred by or in connection with Blizzard as a result of Blizzard's direct or indirect provision of services related to our products or the provision of products to you.
Except as provided in the Blizzard End User License Agreement or other agreements between you and Blizzard, Blizzard shall not be liable to you for products covered by patents, copyrights, database rights, registered designs, trademarks, or other safeguards of third parties.
For this, please refer to the relevant terms and conditions of the manufacturer or product owner.
Force majeure.
Blizzard will not be liable to you, nor will Blizzard be in breach of contract, if any loss or damage arises directly or indirectly from Blizzard's delayed performance or inability to perform the contract due to circumstances beyond Blizzard's reasonable control.
In such event, Blizzard may cancel your order and refund any payments made.
Disadvantages.
In the event of defects, the statutory provisions apply.
Customer service.
Customer service contact details can be found at http://eu.support.blizzard.com/en-gb.
If you have any inquiries regarding your purchase of Digital Content and / or Services, please contact our customer service first.
Dispute settlement for EU and UK residents.
In the event that our customer service department is unsatisfied with your inquiry by a user residing in the European Union, the European Commission provides a platform for online dispute resolution, which is available at: http://ec.europa.eu/consumers/odr.
In the event that our customer service department is unsatisfied with your UK resident inquiry, the UK Government provides information on consumer rights at https://www.gov.uk/consumer-protection-rights.
Entire Agreement.
The terms of sale and the Blizzard End User License Agreement take precedence over other agreements between the parties or agreements arising out of trade, custom, or conduct.
Any implied terms in conflict with the foregoing, including those with third parties, are excluded to the extent permitted by law.
Governing Law.
Where an order is placed with Blizzard Entertainment SAS, the Terms of Sale are governed by and construed in accordance with French law; when placing an order with Blizzard Entertainment International, i.e.
a trading name of Activision Blizzard International B.
V.
lub Activision Blizzard International B.
V.,
The terms of sale are governed by and construed in accordance with the laws of the Netherlands; excluding conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Relevant Courts.
To the fullest extent permitted by applicable law, you expressly consent to the exclusive jurisdiction of any claim or action arising out of or in connection with these Terms of Sale in the Dutch or French courts, depending on who you have entered into in section 1.
Attachment: model withdrawal form
Do:
Activision Blizzard UK Limited
I declare that I withdraw from the contract for the sale of the following digital content / for the provision of the following service concluded by me: [please provide the name of digital content / service]
Date of order: [please provide date]
Order number: [please provide the order number]
Name and surname: [please provide your name and surname]
Address: [please provide your address]
Blizzard account: [please enter your Blizzard account email]
Date: [Please enter the date and sign your signature if sending by post]