North AmericaTerms of Sale
LAST REVISED: November 12th 2021
You should carefully read these Terms of Sale (“Terms of Sale“), which govern any purchase you make from Blizzard Entertainment, Inc. and its affiliates (“Blizzard”), including any purchases made through Battle.net® ([https://us.battle.net/login/en/(https://us.battle.net/login/en/)]) or the Battle.net® Shop (https://us.shop.battle.net/en-us). By making a purchase from Blizzard, you agree to be bound by this legal 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. If you do not agree to these Terms of Sale, do not make a purchase from Blizzard.
The use of Blizzard’s platform generally, including any digital goods or services purchased from Blizzard, is governed by Blizzard’s End User License 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.
Section A: Dispute Resolution, Liability, and Indemnification
- Dispute Resolution.
Any and all disputes between you and Blizzard which arising out of this Terms of Sale or any purchase made from Blizzard will be resolved in accordance with the Blizzard Entertainment Dispute Resolution Policy, which is available for your review (here). Please note that Blizzard’s Dispute Resolution Policy includes a binding arbitration agreement and class action waiver, which affect your legal rights. You agree to jurisdiction for any claim or action arising out of or relating to these Terms of Sale in Los Angeles, California, the United States.
- Limitation of Liability.
Blizzard will not be liable for damages arising from any purchases made pursuant to this Terms of Sale. Blizzard's liability will not exceed the total fees paid during the thirty (30) days immediately prior to your claim.
Blizzard may seek indemnification for 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 End User License Agreement Terms 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.
Section B – Purchase Terms
Blizzard has the right at any time, prior to accepting your order, to withdraw any discount and/or to revise prices to take into account increases in costs. Any prices, quotations and descriptions are subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to Blizzard’s express acceptance of your order as described below. Blizzard may notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. If you choose to continue with the order, you acknowledge that the product or service provided will be in accordance with such revised description or corrected price.
Different payment methods, such as credit card, direct debit, PayPal wallet, or Battle.net Balance, may be available to you when making a purchase. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. Blizzard may request that you authenticate your PayPal credentials for security reasons. It is your obligation to pay all Federal, State, and local taxes, duties, or levies associated with the receipt or use of the digital goods purchased from Blizzard. You may review the authorized payment methods on Blizzard’s Online Services.
- Refunds and Price Adjustments.
Blizzard’s refund practices are detailed in our Refund Policy. Please review our refund practices prior to making any purchase.
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.
- 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 by circumstances beyond Blizzard’s reasonable control, including but not limited to, any act of God, global pandemic, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such event, Blizzard may elect to cancel your order and refund any payments made.
Blizzard may 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.
- Entire Agreement.
The Terms of Sale and End User License 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.
Section C –Digital Content and Services
- Orders for Digital Content and Services.
By placing an order on the Battle.net Shop, you are submitting a binding offer to purchase digital content, such as digital versions of Blizzard interactive games and digital content for Blizzard products (“Digital Content”) or services from Blizzard. Blizzard is not liable to you, nor will be in breach of contract, for any loss or damage as a direct or indirect result of Blizzard’s failure or delayed performance or impossibility to perform by circumstances beyond Blizzard’s reasonable control. Based upon your billing address, Blizzard will collect sales tax on your behalf and remit payment to the state government in states where digital goods are taxable. Your order is accepted, and a contract concluded once Blizzard has sent you a Confirmation Email (“Confirmation Email”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF DIGITAL CONTENT AND THE PERFORMANCE OF BLIZZARD’S SERVICES BEGINS IMMEDIATELY AFTER THE CONFIRMATION EMAIL IS SENT. In the case of pre-orders, the performance begins when Blizzard adds the respective license to your Battle.net account after sending you a Confirmation Email.