Terms of Sale
LAST REVISED: November 30, 2023
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 goods and 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 content (such as but not limited to digital in-game items, and funds to be uploaded as Battle.net Balance, referred to herein as “Content”) or services (such as any subscriptions to our games, referred to herein as “Services”) purchased from Blizzard, is governed by Blizzard’s End User Licence Agreement, which should be read together with the Terms of Sale, and any other Licensor’s end-user licence agreements and/or any other terms of use and/or terms of services presented to you during the ordering process. In the event of any conflict between these Terms of Sale and Blizzard’s End User Licence Agreement: (i) Terms of Sale will take precedence for all matters relating to the purchase of Content or Services (including but not limited to payments and rights to withdraw), and (ii) the End User Licence Agreement will take precedence for all matters relating to the ongoing use of the Content or Services.
These Terms of Sale do not govern purchases from the Blizzard Gear Store (the “Blizzard Gear Store,”) located 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.
These Terms of Sale are applicable to you if you are resident in Europe, the Middle East or Africa.
1. Your order.
By placing an order, you represent that you are an authorised user of the payment method used.
If you reside within Europe, Middle East, or Africa, by placing an order for Content or Services, you submit a binding offer to purchase the relevant Content or Service from Activision Blizzard UK Limited, having its registered office at The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom (hereinafter referred to as ‘Blizzard’, ‘we’ or ‘us’).
You hereby expressly consent that the performance of our Services and provision of Content will begin immediately after we have enabled access to the Services or Content (as applicable) which can be either right after purchase or, in the case of pre-orders and/or pre-purchases, when such Services or Content are made available (“Performance of the Service” or “Performance of the Content”, as applicable).
2. Subscriptions.
The duration of a game subscription will depend on the subscription period you have chosen. To avoid any interruption in the use of the Services, 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 subscription until the current subscription period ends. Subject to Section 4 below, please note there are no refunds if you decide to terminate your subscription early as your subscription 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. If you are resident in Germany, the terms set out in Appendix 2 (‘Subscriptions’) will apply instead.
3. Prices and payment.
3.1 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 Content or Services from Blizzard. Prices include any applicable value-added tax. The 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 one of our games, 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 Content and Services offered through the Platform at any time with a reasonable prior notice, although price changes to subscriptions will be subject to the provisions in Section 2.
3.2 For customers with subscriptions which commenced:
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prior to the date these Terms of Sale were last revised, as set out above (the “Effective Date”) and regardless of your country of residence, the payments, fees, charges and applicable taxes for such subscriptions will be payable by you to the following affiliate:
- either Activision Blizzard International B.V. (a Dutch company with its registered address at Professor J.H. Bavincklaan 7, 1183 AT Amstelveen, the Netherlands) or Blizzard Entertainment S.A.S. (a French company with its registered address at 2/12 Parvis Colonel Arnaud Beltrame, 78000 Versailles, France), in each case whichever affiliate was the recipient of the last payment made by you for your subscription prior to the Effective Date.
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on or after the Effective Date:
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if resident in an EU member state, Iceland, Liechtenstein and Norway, all payments, fees, charges and applicable taxes for such subscriptions will be payable by you to the following affiliate: Blizzard Entertainment Ireland Limited (company number 440929, with its registered address at Blackpool Retail Park, Cork, Ireland and VAT number IE9660587A.
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if resident in another country (other than those listed in 3.2(b)), all payments, fees, charges and applicable taxes for such subscriptions will be payable by you to Activision Blizzard UK Limited.
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3.3 For customers purchasing any other Content or Services (but excluding any subscriptions) on or after the Effective Date:
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if resident in an EU member state, Iceland, Liechtenstein and Norway, all payments, fees, charges and applicable taxes will be payable by you to the following affiliate:
- Blizzard Entertainment Ireland Limited (company number 440929, with its registered address at Blackpool Retail Park, Cork, Ireland and VAT number IE9660587A.
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if resident in another country (other than those listed in 3.3(a)), all payments, fees, charges and applicable taxes will be payable by you to Activision Blizzard UK Limited.
3.4 Valid payment by you to the relevant affiliate as set out in Section 3.2 and 3.3 above will satisfy the associated payment obligation that you owe to Activision Blizzard UK Limited under these Terms of Sale. Any refunds due to you under these Terms of Sale will be made by the affiliate that received the payment relevant to such refund and such refund payment from such affiliate will satisfy any refund payment obligation owing from Activision Blizzard UK Limited to you.
4. Right of withdrawal.
4.1 Residents of the European Economic Area: If you have purchased Services from us, you have the right to withdraw from the Terms of Sale within fourteen (14) calendar days for any reason, subject as set out below. Your right to withdraw starts from the day after your purchase under these Terms of Sale. Instructions on how to exercise this right are set out at the end of this Terms of Sale in Appendix 1 (Section A: ‘Information concerning the exercise of the right of withdrawal’) and you can also visit https://eu.battle.net/support/en/article/186491 for more information or directly visit https://eu.battle.net/support/en/help/product/services/334/1551/solution to exercise your right.
If the Performance of Service began prior to your withdrawal request, your refund will be proportionate to the Services you’ve already received. For example, if you have already received the Services for three days prior to your request to withdraw, you will be entitled to receive a refund for the full coverage of the Services, minus the cost for receiving three days of Services. Your refund will be made no later than 14 calendar days from the day on which we are informed about your decision to withdraw from these Terms of Sale. We will carry out the refund using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. We won’t charge you any fees as a result of this refund.
Please note we cannot refund you for any Services which have already been fully performed prior to your request for withdrawal.
You also hereby acknowledge that you lose your right of withdrawal for purchases of Content once Performance of the Content has begun. You agree that when you purchase Content from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from the Terms of Sale. In the case of pre-purchases and/or pre-orders where the Performance of the Content has not begun, you may withdraw from the Terms of Sale up until the Content is made available for you to download or access.
4.2 Residents of the United Kingdom and countries outside of the European Economic Area: When you purchase Services or Content from us and receive immediate access to the Services or Content, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the Terms of Sale. In the case of pre-purchases and/or pre-orders where the Performance of the Services or Content has not begun, you may withdraw from the Terms of Sale up until the Services or Content (as applicable) is made available for you to download or access.
4.3 Full details of Blizzard’s refund practices are detailed in our Refund Policy. Please review our refund practices prior to making any purchase.
5. Modifications to Terms of Sale.
We may, from time to time, change, modify or update these Terms of Sale (with reasonable notice to you, as required under applicable law) 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. If you are resident in Germany, the terms set out in Appendix 2 (‘Modifications to Terms of Sale’) will apply instead.
6. Indemnification and limitation of liability.
6.1
6.1.1. Nothing in these Terms will 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 Section 6.1.1, Blizzard will 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 will 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. Subject to Section 6.1.1, we are not responsible for:
- losses or harm not caused by our breach of these Terms of Sale or our negligence;
- any damage that may be caused to any device or equipment on which you access or use any of our Content or Services that is caused in any way by our Content or Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Content or Services;
- any loss or damage resulting from your breach of these Terms of Sale;
- any use by you of the Content or Service which isn’t authorised by us under these Terms of Sale;
- any lack of functionality or failure to provide any part of the Content or Service that is due to: (i) malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or (ii) your failure to download or install any update or the most recent published version of a Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions; and
- any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us.
6.1.4. Subject to Section 6.1.1, 6.1.2, and 6.1.3, Blizzard’s total aggregate liability per claim or series of connected claims will be capped at an amount equal to the fees paid by you to Blizzard in the 30 days immediately prior to your claim.
6.1.5 Nothing in these Terms of Sale will affect your applicable statutory rights of legal conformity (see Section 8 below).
6.2 You will 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 any services related to our products or providing products to you, subject to reasonable proof of damage. Except as set forth in the Blizzard End User Licence Agreement or other agreements between you and Blizzard, Blizzard will 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.
7. Force Majeure. Without prejudice to Section 8 below or Section 6 above, 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.
8. Defects and legal conformity If you are a resident of the European Economic Area, your local laws may provide you with a legal guarantee that the Service and/or Content will be in legal conformity at the time of supply and during the life of these Terms of Sale with you. Under this legal guarantee, we will be liable for lack of conformity of the Service and/or Content and you may have a right under your local laws to: (a) have the Service and/or Content brought back into conformity; or (b) a proportionate refund and/or termination of this contract. Please visit http://eu.support.blizzard.com/en-gb for further information. If you are resident in France, the terms in Appendix 1 (Section 3) apply to your statutory guarantee.
9. 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 Content and/or Services, please first contact our customer service.
10. Dispute Resolution
Most concerns can be resolved quickly by contacting us at Blizzard Support at http://eu.support.blizzard.com/ or appeals@blizzard.com.
If Blizzard cannot resolve your complaint and if you are a resident of the European Union, you can use the online dispute resolution Platform set up by the European Commission which is accessible at http://ec.europa.eu/consumers/odr.
For French residents only: If the dispute has not been resolved, French consumers, in accordance with Articles L 616-1 and R 616-1 of the Consumer Code, have the possibility to refer the matter free of charge to a mediator, namely the Association des Médiateurs Européens (AME CONSO), within one year of the written complaint addressed to Blizzard. The referral to the mediator must be made either by completing the form provided for this purpose on the website: www.mediationconso-ame.com; or by post addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
If you are a resident of the United Kingdom and you are not satisfied with the resolution of your request by our customer service, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.
11. 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.
12. Governing law and Jurisdiction.
To the fullest extent permissible under applicable law, these Terms of Sale will be governed and construed in accordance with the laws of England and Wales and you expressly agree that the exclusive jurisdiction for all and any claim or action arising out of, or relating to these Terms of Sale will be the courts of England and Wales. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.
Appendix 1:
1. Information concerning the exercise of the right of withdrawal
Right of Withdrawal
If you are resident in the European Economic Area, you have the right to withdraw from these Terms of Sale with us within 14 calendar days of your purchase without giving any reason.
The withdrawal period will expire after 14 calendar days from the day after your purchase under these Terms of Sale. To exercise the right of withdrawal, you must inform us (Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom or via https://eu.battle.net/support/en/help/ of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. You can also visit https://eu.battle.net/support/en/help/product/services/334/1551/solution to exercise your right. 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.
2. Model withdrawal Form
(Complete and return this form only if you wish to withdraw from this contract.)
To Legal Team, Activision Blizzard UK Ltd of The Ampersand Building, 178 Wardour Street, London, W1F 8FY, United Kingdom:
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*
- Ordered/ received on*:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s): (only required if this form is notified on paper)
- Date:
(*) Delete where appropriate.
3. Statutory guarantees under French law for residents in France regarding Services and Content
French law grants you as consumers the following statutory rights and guarantees in relation to Services and Content. We will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. Blizzard is liable for supplying Content and Services that comply with these Terms of Sale and with the objective and subjective criteria set out by the law. Regarding one-off supply, Blizzard is accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply (starting from when you are first supplied the Content or Service). Regarding Content or Service supplied on a continuous basis, Blizzard is accountable for any non-conformity which becomes apparent during the period in which it is supplied under these Terms of Sale. We are also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the Content or Service into the consumer's digital environment where this has been done by us or under our responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by us. For the 12 month period following the supply of the Content or Service, the consumer will not be required to prove the existence of the defect. In the event of lack of conformity, the consumer will be entitled to have the Content or Service brought into conformity or, failing that, to have the price reduced or to cancel the contract under the conditions set out in the French Consumer Code.
Appendix 2: Supplemental terms - Germany
The following provisions will replace the aforementioned sections in their entirety:
2. Subscriptions
The duration of a game subscription will depend on the subscription period you have chosen. To avoid any interruption in the use of the Services, 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 subscription until the current subscription period ends. Subject to Section 4 below, please note there are no refunds if you decide to terminate your subscription early as your subscription 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 six (6) weeks 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.
5. Modifications to Terms of Sale.
We may, from time to time, change, modify or update these Terms of Sale if there is a good reason for the change and the changes reasonably take into account the interests of both parties (for example to reflect or include new products or services), but we will not modify the Terms of Sale to change our main obligations to you for all purchases already made. If Blizzard makes a change to the Terms of Sale, we will inform you if required by local law of the particular changes in advance of the changes coming into force, and (to the maximum extent permitted by local law) you will have at least six (6) weeks (starting from our notice to you) to indicate whether you accept the amended Terms of Sale. If you wish to object, you should notify us of your objection to such changes within the stated six week period. In the notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
For existing purchases, you will be deemed to have accepted these changes if you make purchases of any Content or Service after the changes have entered into force, or you do not object within the stated six week period. For all new purchases, the revised Terms of Sale will apply.