EuropeTerms of Sale
LAST REVISED: November 12th, 2021
YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
You should carefully read and understand these Terms of Sale (‘Terms of Sale’) which regulate the purchases of digital content, including any purchases made through Battle.net® or the Battle.net® Shop such as a game, either downloadable or not, and/or other software which are not supplied on a tangible form, game subscriptions, digital in-game items, funds to be uploaded as Battle.net Balance (altogether ‘Digital Content’, and/or services ‘Services’). Physical products are currently not being offered for sale on this Platform.
The use of Blizzard’s Platform as defined in the Blizzard End User Licence Agreement generally, including any digital goods or services purchased from Blizzard, is governed by Blizzard’s End User Licence Agreement, which should be read in tandem to the Terms of Sale.
These Terms of Sale do not govern purchases from the Blizzard Gear Store (the ‘Blizzard Gear Store,”) located at here, which are governed by a separate set of policies and terms of service, which may be reviewed directly on the Blizzard Gear Store site.
- Your order.
By placing an order, you represent that you are an authorised user of the payment method used.
By placing an order for other Digital Content or Services, you submit a binding offer either (i) to Blizzard Entertainment SAS, 145 rue Yves Le Coz, 78000 Versailles, France - RCS Versailles Number 489 952 457, if you are a resident within the European Union and The United Kingdom; or (ii) to Blizzard Entertainment International, a tradename of Activision Blizzard International B.V Stroombaan 16, 1181 VX Amstelveen, the Netherlands - CCI Number 34324431, if you are a resident outside the European Union or the United Kingdom (Blizzard Entertainment SAS and Blizzard Entertainment International are hereinafter referred to as ‘Blizzard’, ‘we’ or ‘us’).
By placing an order for Activision Publishing Inc. Digital Content or Services, you submit a binding offer to purchase the relevant Digital Content or Service from Activision Blizzard International B.V. regardless of your country of residence.
You hereby expressly consent that the Supply 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 can be either right after purchase or, in the case of pre-orders and/or pre-purchases, when such Digital Content and/or Services are made available (‘Performance of the Contract’).
The duration of a game subscription will depend on the subscription period you have chosen. 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 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 current subscription period expires. However, you will be able to use the Digital Content until the current subscription period ends. Please note 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 (30) 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 in your Battle.net Account before the subscription period with the modified price starts. Your cancellation has to be made before the price changes come into force, otherwise you will be deemed to have accepted those modifications.
- Prices and payment.
Depending on your country of residence and the specific item(s) you are purchasing, you may be able to choose from several different currencies to purchase goods from Blizzard. 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, may 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. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g. debited from your Blizzard Balance or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Platform at any time with a reasonable prior notice.
- Right of withdrawal.
You have the right to withdraw from this contract within fourteen (14) calendar days of purchase without giving any reason. The withdrawal period will expire fourteen (14) days after the day of the Performance of the Contract. To exercise the right of withdrawal you must inform us of your decision to withdraw by a clear statement by following the process as describe here https://eu.battle.net/support/en/article/186491. Such statement must include your name, address, Blizzard Account name, order number, date of order and date of withdrawal, (an example of a withdrawal form can be found at the bottom of those Terms). To ensure compliance with the withdrawal deadline, you must send your withdrawal statement before the withdrawal period has expired.
Effects of withdrawal.
If you successfully withdraw from the contract, we shall reimburse to you all payments received from you within a reasonable period, and later than fourteen (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 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 communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Notwithstanding the foregoing, 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) and for game software, which require a prior download before accessing the content, once you are accessing the content.
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.
Full details of Blizzard’s refund practices are detailed in our Refund Policy. Please review our refund practices prior to making any purchase.
- Modifications to Terms of Sale.
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 and accept the Terms of Sale before any purchase.
- Indemnification and limitation of liability.
6.1.1. Nothing in these Terms shall limit Blizzard’s liability for (a) for death or personal injury resulting from our negligence or that of our employees or agents; (b) our wilful misconduct, (c) fraud or make fraudulent misrepresentation; (d) for gross negligence or (e) any other liability that 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, 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 howsoever arising. Blizzard shall not be liable for damages arising from any purchases made pursuant to these Terms of Sale, resulting from a fault or negligence from yourself or because of an event that is outside our reasonable control (see ‘Force Majeure’ section below).
6.1.3. Blizzard is only liable for slight negligence where Blizzard is in breach of a material contractual obligation hereunder, such as if we fail to deliver any paid product or services, and Blizzard’s liability will be limited to typical and foreseeable damages excluding in any case indirect, punitive and/or consequential damages.
6.1.4. For all other liabilities, Blizzard’s total aggregate liability per claim or series of connected claims shall be limited to the typical and foreseeable damages arising from the breach giving rise to the claim and shall be capped at an amount equal to the fees paid by you to Blizzard in the 30 days immediately prior to your claim.
6.2 You shall indemnify Blizzard from and against any and all liabilities, claims and costs incurred by, or made against, Blizzard as a direct or indirect result of Blizzard performing services related to our products or providing products to you. Except as set forth in the Blizzard End User Licence Agreement or other agreements between you and Blizzard, Blizzard shall have no liability to you for products subject to third party patent, copyright, database right, registered design, trademark or other protections. Please refer to the relevant terms of the product manufacturer or owner.
- Force Majeure.
Blizzard is not liable to you, nor in breach of contract, for any loss or damage as a direct or indirect result of Blizzard’s delayed performance or impossibility to perform by circumstances beyond Blizzard’s reasonable control. In such event, Blizzard may elect to cancel your order and refund any payments made.
In case of a defect the regulations of statutory law apply.
- Customer service.
Customer service contact details can be found under http://eu.support.blizzard.com/en-gb. In the event of any requests which you may have in connection with your purchase of Digital Content and/or Services, please first contact our customer 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 for an online dispute resolution Platform which is accessible at http://ec.europa.eu/consumers/odr.
If you are not satisfied with the resolution of your request by our customer service and if you are a resident of the United Kingdom, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.
- Entire Agreement.
The Terms of Sale and Blizzard End User Licence Agreement prevail over other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary, including with third parties, are excluded as legally permitted.
- Governing law.
If you placed an order with Blizzard Entertainment SAS, the Terms of Sale shall be governed by and construed in accordance with the laws of France.; if you placed an order with Blizzard Entertainment International, a tradename of Activision Blizzard International B.V. or Activision Blizzard International B.V., the Terms of Sale shall be governed by and construed in accordance with the laws of the Netherlands; excluding its conflicts of law rules and excluding the UN Convention on Contracts for International Sale of Goods.
- Place of jurisdiction.
To the fullest extent permissible under applicable law, you expressly agree that the exclusive jurisdiction for all and any claim or action arising out of, or relating to these Terms of Sale shall be the courts of the Netherlands or France, depending upon who you contracted with in Section 1.
Annexe: model withdrawal form
Blizzard Entertainment SAS
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]
Blizzard account: [please insert your Blizzard account email address]
Date: [Please insert date and if sent by mail, signature]