Terms of Sale for Residents of the Member Countries of the European Union

IMPORTANT:

If you are under 18 years of age, you cannot purchase products without the involvement of your parents or your legal guardian.

EACH AND EVERY PROVISION OF THESE TERMS OF SALE IS IMPORTANT. HOWEVER, IT IS ESPECIALLY IMPORTANT THAT YOU REVIEW AND CONSIDER THE FOLLOWING SECTIONS:

• Section 2 - Tangible Goods, such as boxed software products, apparel, merchandise etc., will be sold to you by Vivendi Games Europe, whereas ‘digital’ software product that you can download on the Service will be provided by Blizzard Entertainment, Inc.
• Section 8 - You can withdraw from a purchase of Tangible Goods within two weeks without giving any reasons for your withdrawal.

1. Introduction.
   The general terms and conditions of sale detailed below (the “Terms of Sale”), in its then current version, shall govern the contractual relationship between the User (hereafter referred to as “You”) and Blizzard Entertainment, Inc., a Delaware corporation (“Blizzard”), and Vivendi Games Europe, a French company having its registered office at 9/11 rue Jeanne Braconnier, 92366 Meudon la Forêt, France, on behalf of Blizzard Entertainment SAS, a French company having its registered office at 32 avenue de l’Europe, 78140 Vélizy-Villacoublay (“VGE”). Note that Blizzard and VGE may be referred to collectively herein as “The Seller”, or “We”. By clicking the “ACCEPT” button you unreservedly accept the Terms of Conditions. These Terms of Sale and the Terms of Use are the only conditions that are applicable for a purchase within the European Union and shall replace all other conditions, except in the case of express, written prior dispensation and they may be updated from time to time without notice to you. By confirming your order on http:/eu.blizzard.com/store (the “Website”) and clicking the “ACCEPT” button you confirm that you have read and unreservedly accept these Terms of Sale. These Terms of Sale are important to you and the Seller as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between us.
2. Your Order / Seller of the Goods
   1. Please note that orders placed for Tangible Goods, such as ‘boxed’ software products, apparel, merchandise, etc., will be sold to you by VGE, whereas ‘digital’ software products offered for download on the Website (“Digital Goods”) will be sold to you by Blizzard. The payment method that you choose to purchase products from the Website will reflect the Seller for the goods that you purchase.
   2. When you place a purchase order for products offered on the Website, we will send you an email confirming receipt of your order and containing the details of your order (the “Confirmation Email”). Please note that the Confirmation Email is for your information only and shall not be considered the acceptance of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). Our acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.
   3. In order to place your order, please visit http:/eu.blizzard.com/store, 24h a day, 7 days a week.
   4. For communication and verification purposes, you may be required to enter a valid email address to place your order.
3. Product information
   The Seller will provide you with detailed information regarding essential characteristics on the products available for ordering in accordance with the applicable statutory provisions ; within existing technical limits and to the extent of the best practices on the market. Please note that dispatch estimates on the order page are just that; i.e. they are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
4. Prices
   1. The prices indicated on the Website will be in Pounds Sterling for the United Kingdom and in Euro for the other Member States of the European Union and shall include all applicable taxes; the costs of delivery shall be displayed in addition to the price of the product, depending on the country selected by you. The detailed price, including shipment and all other related costs, will be indicated on your order summary as well as on your invoice.
   2. The Seller reserves the right to modify prices from time to time. However, the price invoiced for your purchase will be the one displayed on the Website and/or on your order summary at the moment the order is placed.
5. Availability
   1. Please note that the Website is subject to limited stocks. The Seller will update the stock availability for the products and will use reasonable efforts to prevent any order to be passed if the product is not available.
   2. If despite the Seller’s reasonable efforts, an order is placed while the product is out of stock or if the order cannot be accepted for any other legitimate reason ; the Seller will contact you within due course to inform you about the estimate delivery date.
6. Delivery Method
   1. [DELIVERY METHODS PER COUNTRY].
      Delivery costs and method will vary per country, please visit http:/eu.blizzard.com/store for an up-to-date information.
   2. The risk of a loss or damage to Tangible Goods on transit shall pass to you when the goods are handed over to the carrier. The goods will be properly packaged in the customary manner. Special packaging or additional packaging will be charged at cost price. In the event that you do not receive the shipment with in the time-frame indicated on the order page at the time of your purchase, please contact VGE via postal mail or email. Upon the receipt of such notice we will immediately initiate the investigation process with the carrier. Please note that in the event of a loss or damage to Tangible Goods on transit you will not be entitled to a re-delivery.
   3. As of the receipt of your shipment, please check the packaging and the product(s) and note any damages, losses and/or other anomalies on the delivery voucher and append your signature to it. Without prejudice with respect to the applicable legal guarantees, we recommend that you address any reservations you may have pertaining to deficient or incomplete goods within a reasonable period of time by email or by postal mail to the following address:
      
      For Tangible Goods, send your notice to VGE, at the following address:
      
      Vivendi Games Europe
      c/ o Blizzard Entertainment, SAS
      36 avenue de l’Europe
      78140 Vélizy-Villacoublay
      
      For Digital Goods, send your notice to Blizzard at the following address:
      
      Blizzard Entertainment, Inc.
      c/ o Blizzard Entertainment, SAS
      36 avenue de l’Europe
      78140 Vélizy-Villacoublay
      
      
7. Payment process
   1. The Website uses a secured payment platform to process payments. The Seller will assure payment security by encrypting the connection when transmitting information on the network. When the payment sign is visible, your payment is secure.
   2. Please note that if the competent law enforcement authorities suspects fraud, we have the right to cancel the transaction for security reasons.
   3. The Seller offers 2 methods of payment: Credit card and Debit card. To pay by credit card, your account will be debited when your order is forwarded on condition that we have received authorisation for your account. If sufficient funds are not available, your order will not be taken into account. For payment made online by credit card, the “Secure Socket Layer” (SSL) system of security is used, which allows for encrypting your banking information when on the network.
8. Right to Withdrawal
   1. You can withdraw from a purchase of Tangible Goods within two weeks after having received the product without giving any reasons for the withdrawal. You can do so by either sending a notice in text form (e.g. a letter, facsimile or email) to VGE or by returning the product to VGE. The deadline begins at the earliest with the receipt of these instructions for the right to withdraw. To keep the two weeks deadline it is sufficient to send the notice of withdrawal or the product to VGE; it is not required that VGE receives the notice of withdrawal or the product within the two weeks deadline.
   2. Please note that the right to withdrawal only applies to software and PC or video games which you return to us in its original condition, i.e. unopened, with all seals and the shrink wrap intact. We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with these requirements.
   3. Please address your withdrawal and/or the product to:
      
      Vivendi Games Europe
      c/ o Blizzard Entertainment, SAS
      36 avenue de l’Europe
      78140 Vélizy-Villacoublay
      Fax: +33(0)1 30 67 90 01
      Email: through Webform on www.wow-europe.com/en/support
      
      
   4. In case of a valid withdrawal you have to return the product whereas VGE has to return the purchase price you paid. In the event you cannot return the product or if you can return the product only in a deteriorated condition (caused, e.g., by damages to the product), you have to compensate VGE. You do not have to compensate VGE for a deterioration which results from a product test and would, to this extend, have also been possible if you would have purchased the product in a shop. You can avoid such compensation by not using the product and by refraining from doing anything that might impair the value of the product. You have to return the product by mail at VGE's risk and at VGE's expenses. You have to bear the expenses of returning the product by mail, provided that (i) the delivered product complies with the ordered product and (i) the price of the returned product does not exceed 40.- EUR or in the case the price exceeds 40.- EUR you have not yet reciprocated or you have not yet provided VGE with a partial performance as contracted.
   5. In the case of a service, your right to withdraw form the contract expires if VGE has begun to perform the service upon your explicit consent before the end of the deadline or if you have by yourself initiated the performance of the service. Please note that the right to withdrawal also expires if the download of the purchased Digital Good has been completed.
9. Returns / Missing items
   In order to return a product, you need to contact Billing Support by phone or email at:
   
   Phone: phone numbers list and open hours available on www.wow-europe.com/en/support
   Email: through Webform on www.wow-europe.com/en/support
   
   And provide the following information:
   
   - Your address
   - The return reason
   - The returned/missing item number(s) and quantity(ies)
   - The Blizzard order number
   
   If your request is eligible for a return, you will receive a return reference number. Return the product(s) with the return reference number to the following address:
   
   Vivendi Games Europe
   c/ o Blizzard Entertainment, SAS
   36 avenue de l’Europe
   78140 Vélizy-Villacoublay
   
   
10. Faulty Products
    1. In the event of a faulty product the statutory provisions shall apply. We recommend checking the product information whether the purchased product is also subject to a manufacturers guarantee.
    2. You have the right to return a faulty item within a reasonable period of time. Please keep all documents regarding the manufacturer’s warranty that accompanies the goods as these may be required to assert your claims towards the manufacturer. In the unlikely event that you have a faulty good, you may find it quicker and easier to contact the manufacturer directly.
11. Products for Minors
    Please note that we do not offer products for purchase by minors. We offer products for children or minors solely for purchase by adults. If you are under 18 years of age, you may purchase products only with the involvement of your parents or your legal guardian.
12. Reservation of title
    All goods will remain the property of the Seller until full payment of the purchase price.
13. Litigation and responsibility
    This Terms of Sale contract shall come under the law of your country of Residence, as stated in Schedule 5. The Seller will not be held responsible in case of failure of the contract, for example, because of an Act of God, such as defined by French courts, or because of the User’s fault, or because of some unforeseen or insurmountable problem with a third-party. The Seller will not be held liable for the misuse and their consequences on the products purchased from the Website.
14. Data Protection
    Seller will only collect, store and/or use personal data in accordance with the applicable data protection laws. By order on the Website, you agree to provide us with sincere and true information as it concerns you. The Seller will use this data only in compliance with the applicable data protection laws and the Blizzard Online Store Privacy Policy, available for your review at www.blizzard.co.uk/privacy.shtml.
15. Your Copy of the Terms of Sale
    To obtain a copy of the Terms of Sale in a .pdf file, please click here. The required Adobe Acrobat Reader to view the .pdf file can be downloaded for free on http://www.adobe.com.

Governing Law, Jurisdiction and Venue for residents of EU Member Countries

With regards to residents of EU Member Countries who register Blizzard Accounts, note that this Agreement shall be governed by and construed in accordance with the laws applicable in your country of residence. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.