Terms of Sale

Last updated: 26.08.2014

You should carefully read the following terms of sale (“Terms of Sale“). By placing an order to purchase a product and/or a service you agree to submit a legally binding offer to conclude a contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.

These Terms of Sale regulate the purchases of digital content, such as software which is not supplied on a tangible medium, game subscriptions, digital in-game items, funds to be uploaded as Battle.net Balance (“Digital Content”), and/or services (“Services”). Physical products are currently not being offered for sale on this platform.

1. Your order. By placing an order you submit a binding offer to purchase the relevant Digital Content or Service from Blizzard Entertainment SAS (“Blizzard”, “we” or “us”), TSA 60001, 78008 Versailles CEDEX, France. Your order is accepted and a contract concluded once we have sent you a confirmation email (“Confirmation Email”) or we have enabled access to the Digital Content and/or Service. The use of Digital Content or a Service is also governed by the Battle.net Terms of Use, any applicable end-user license agreements and/or any other terms of use and/or terms of services presented to you during the ordering process.

Important: You hereby expressly consent that the supply of Digital Content and the performance of our Services begins immediately after we have sent you our Confirmation Email. In the case of pre-orders, the performance begins when we add the respective license to your Battle.net account immediately after we have sent you our Confirmation Email.

2. Subscriptions. The duration of a game subscription will depend on the subscription period you have chosen. In order to avoid any interruption of the use of the Digital Content, your subscription is set to renew automatically, for the same subscription period that you have chosen. You may cancel your subscription anytime by clicking the “cancel account” button on the first page of your account management page before the current subscription period expires. However, you will be able to use the Digital Content until the current subscription period ends. Note that there are no refunds if you decide to terminate your subscription early as the Digital Content will be available for your use until the subscription period ends. Blizzard reserves the right, at its sole discretion, to modify the amount of the subscription fees. In such an event, Blizzard will send you an email notification at least thirty days before the price modifications are made. With the notification, we will remind you that your continued use after the end of your current subscription period means that you accept the new subscription fees. However, the new price will only be applicable to you from the date of your automatic subscription renewal. If you disagree with those price modifications, you may cancel your subscription by clicking the “cancel account” button on the first page of your account management page before the subscription period with the modified price starts. Please note that your cancellation has to be made before the price changes come into force, otherwise you will be deemed to have accepted those modifications.

3. Prices and payment. Prices include any applicable value-added tax. Digital Content and Services are sold to you on a pre-payment basis. Payment is due immediately with the order and in case of an automatic renewal of a subscription at the beginning of the new subscription period. Different payment methods indicated during the ordering process, such as credit card, direct debit or Battle.net Balance, will be available to you. For the use of any third-party payment and billing provider, such as PayPal, that provider’s additional terms and costs may apply.

4. Right of withdrawal. You have the right to withdraw from a contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal you shall inform us, Blizzard Entertainment SAS, TSA 60001, 78008 Versailles CEDEX, France, (http://eu.battle.net/support) of your decision to withdraw by an unequivocal statement (e.g. written letter sent by post or message sent via our support site) including your name, address, Battle.net account name, order number, date of order and date of withdrawal. For this purpose you may use the model withdrawal form included below, but which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from the contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have coummunicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of the purchase of Digital Content once the performance has begun (see Section 1. above). You hereby expressly acknowledge that you lose your right of withdrawal in respect of any Services if the performance has begun with your express consent (see Section 1. above) and once the contract has been fully performed by us.

5. Revised terms. We may, from time to time, change, modify or update these Terms of Sale and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, we will change the “Last updated” date above.

6. Limitation of liability. Blizzard may only be liable in accordance with statutory law (a) for damages arising as a result of injury to life, limb or health; (b) in case of harmful intent; (c) in case of gross negligence; (d) if Blizzard is in breach of the requirements of product liability acts according to statutory law or (e) is in breach of an accepted guarantee. In any other cases Blizzard is only liable for slight negligence if Blizzard is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of these Terms of Sale, the breach of which would jeopardize the purpose of the Terms of Sale and the compliance with which you may generally trust. In such cases, Blizzard’s liability will be limited to typical and foreseeable damages; in other cases Blizzard shall not be liable for slight negligence.

7. Defects. In case of a defect the regulations of statutory law apply.

8. Customer service. Customer service contact details can be found under http://eu.battle.net/support.

9. Governing law and place of jurisdiction. The Terms of Sale shall be governed by and construed in accordance with French law, excluding its conflicts of law rules and excluding the UN Convention on Contracts for International Sale of Goods.

10. Place of jurisdiction. To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be the courts of France.

Annex: model withdrawal form
To:
Blizzard Entertainment SAS
TSA 60001
78008 Versailles CEDEX
France

I hereby give notice that I withdraw from my contract of sale of the following digital content/for the provision of the following service: [please insert name of digital content/service]
Ordered on: [please insert date]
Order number: [please insert order number]
Name: [please insert your name]
Address: [please insert your address]
Battle.net account: [please insert your Battle.net account email address]
Date: [Please insert date and if sent by mail, signature]