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Arvato Terms & Conditions for Blizzard Online StoreTERMS AND CONDITIONS OF USE
- INFORMATION ABOUT US
- ACCESSING THE BLIZZARD ONLINE STORE
- USE OF THE BLIZZARD STORE
- INTELLECTUAL PROPERTY RIGHTS
- THE BLIZZARD STORE CHANGES REGULARLY
- LIMITATIONS ON OUR LIABILITY
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE BLIZZARD STORE
- VIRUSES, HACKING AND OTHER OFFENCES
- LINKS FROM THE BLIZZARD STORE
- JURISDICTION AND APPLICABLE LAW
- TERMS USED IN THIS AGREEMENT
- USING THE BLIZZARD STORE
- YOUR ORDER
- AVAILABILITY AND PRODUCT DELIVERY
- PRICE AND PAYMENT
- OUR REFUNDS POLICY
- PERSONAL DATA
- LIMITATIONS ON OUR LIABILITY
- BLIZZARD INTELLECTUAL PROPERTY
- IMPORT DUTY
- WRITTEN COMMUNICATIONS
- EVENTS OUTSIDE OUR CONTROL
- OUR RIGHT TO VARY THESE TERMS OF SALE
- LAW AND JURISDICTION
Blizzard Online Store
This website, gear.blizzard.com, is operated by Arvato Digital Services LLC ("we", "us", "our" or “arvato”). We are registered in the State of California, USA, and our principle place of business is 29011 Commerce Center Dr., Valencia, CA 91355, USA.
2.1 Access to Blizzard’s Gear Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via Blizzard’s Gear Store or the Site itself without notice (see below). We will not be liable to you if for any reason Blizzard’s Gear Store or the Service is temporarily unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some or all parts of Blizzard’s Gear Store and/or the Service.
2.4 You are responsible for making all arrangements necessary for you to have access to Blizzard’s Gear Store and/or our Service. You are also responsible for ensuring that all persons who access Blizzard’s Gear Store through your internet connection are aware of these terms, and that they comply with them.
3.1 To order our products from Blizzard’s Gear Store please follow the instructions on screen. If you order any products your purchase will be governed by our Terms and Conditions of Sale which can be found here.
3.2 You may not use Blizzard’s Gear Store or its contents:
3.2.1 to download (other than page caching) or modify Blizzard’s Gear Store, or any portion of it; or
3.2.2 for any purpose which is unlawful.
4.1 We are the owner or the licensee of all intellectual property rights in Blizzard’s Gear Store including the Service and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Using Blizzard’s Gear Store does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it. Upon our request, you must discontinue any link to our Site.
4.5 Blizzard’s Gear Store and all logos on the Site are business names and marks which are the property of arvato, Blizzard or of third parties who have licensed such logos to arvato or Blizzard.
4.6 We may terminate in appropriate circumstances the web site use privileges of users who are repeat infringers of intellectual property rights.
We aim to update Blizzard’s Gear Store and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to Blizzard’s Gear Store or the Services, or close it indefinitely. Any of the material on Blizzard’s Gear Store may be out of date at any given time, and we are under no obligation to update such material.
6.1 Blizzard’s Gear Store and Service is provided "AS IS" and “AS AVAILABLE”. Whilst we have taken every care in the preparation of the content of Blizzard’s Gear Store, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with Blizzard’s Gear Store. Except as set out i n this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
• THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
• THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
• THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
• THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
• INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL REMAIN RETREIVABLE AND UNCORRUPTED, OR
• THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.
THESE DISCLAIMERS APPLY TO US AND OUR RESPECTIVE AFFILIATED AND RELATED COMPANIES, INCLUDING BLIZZARD, AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF BLIZZARD’S GEAR STORE AND THE SERVICE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
IN NO EVENT WILL WE, BLIZZARD OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE) OR THE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, BLIZZARD, AND OF ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE OR SERVICES, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, BLIZZARD, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
6.2.1 death or personal injury resulting from negligence;
6.2.2 fraud or deceit; or
6.2.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
You agree to indemnify, defend and hold us and our affiliates, Blizzard and our and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this Site, your submissions to this Site, or any violation of these Terms and Conditions of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions of Use and the termination of your use of this Site.
8.1 You must not misuse Blizzard’s Gear Store or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Blizzard’s Gear Store or the Service, the server on which Blizzard’s Gear Store or the Service is stored or any server, computer or database connected to Blizzard’s Gear Store. You must not attack Blizzard’s Gear Store or the Service via a denial-of-service attack or a distributed denial-of-service attack. You must not "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site. You must not restrict or inhibit another user or users from using and enjoying this Site. You also must comply with all applicable laws and contractual obligations when you use this Site.
8.2 We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Blizzard’s Gear Store and our Service will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Blizzard’s Gear Store and our Service or to your downloading of any material posted on it, or on any website linked to it.
Where Blizzard’s Gear Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Last Updated: 4/17/15
Thank you for visiting Blizzard’s Gear Store.
BLIZZARD ONLINE STORE
Last Updated: 4/17/15
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
This website, gear.blizzard.com (the "Blizzard’s Gear Store"), is operated by Arvato Digital Services LLC, a company incorporated under the laws of the State of Delaware, with its principal place of business at 29011 Commerce Center Dr., Valencia, CA 91355, USA. We have been appointed by Blizzard Entertainment, Inc. as an authorized distributor and merchant of record for the Products.
This page (together with the documents mentioned herein) describes the terms and conditions by which we supply any of the Blizzard Products listed on our website (gear.blizzard.com) to you. Please read these terms of sale carefully before ordering any Products from Blizzard’s Gear Store. You agree that by ordering any of our Products, you are bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from Blizzard’s Gear Store
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from Blizzard’s Gear Store.
If you have any questions regarding these terms of sale (including any technical questions) please contact our Customer Support Team.
In this agreement the following terms shall mean:
"arvato" , "we" or "us" means Arvato Digital Services LLC, its affiliates, and its and their employees, subcontractors and/or other companies which are appointed to provide services in relation to Blizzard’s Gear Store; and
"Product" is any Blizzard product such as (but not limited to) books, manuals, apparel and accessories, which may be purchased from Blizzard Gear Store operated by arvato.
2.1 Blizzard’s Gear Store is only intended for use by customers in those countries that can receive retail goods from the United States.
2.2 By ordering Products from Blizzard’s Gear Store, you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are ordering the Products from the United States
3.1 To use Blizzard’s Gear Store services, you need to register and log in to the Site using a Blizzard’s Gear Store account which can be created here: https://us.battle.net.
3.2 Please log into Blizzard’s Gear Store and browse the shop. To order an item, simply click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
4.1 Orders through Blizzard’s Gear Store will be fulfilled, subject to these terms of sale, by Arvato Digital Services LLC (29011 Commerce Center Dr., Valencia, CA 91355, USA), an independent reseller and merchant of record of Blizzard and other third party products.
4.2 After placing an order by clicking the order button, you will receive a confirmation from us acknowledging that we have received your order (Order Submission). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and, if we accept your order, we will confirm such acceptance to you by sending either a confirmation that we accept your order (Order Acceptance) or by sending the Product to you.
4.3 Your order will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acceptance.
5.1 Although we endeavor to ensure the availability of the Products shown in Blizzard’s Gear Store, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
5.1.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
5.1.2 notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5.2 If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
6.1 The price of any Products will be as quoted in Blizzard’s Gear Store from time to time, except in cases of obvious error.
6.2 These prices exclude any sales tax and delivery costs, which will be added to the total amount due as set out in our FAQs located at https://us.battle.net/support/en/article/blizzard-store-faq
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
6.4 Blizzard’s Gear Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in Blizzard’s Gear Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in Blizzard’s Gear Store, we will normally, at our discretion, either contact you for instructions about whether you wish to purchase the Product at the higher price before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
6.6 We accept payment with American Express, Master Card, Visa and PayPal. We are under no obligation to deliver the Products until we have received payment from you.
7.1 With regards to purchases of Product from Blizzard’s Gear Store, note that you shall have a period of thirty (30) days following your receipt of Product to examine it to confirm that it conforms to this Agreement and the offer made by arvato. You may reject the Product by returning it to the Distribution Center of Blizzard (at your expense) along with a copy of the receipt or other proof of purchase if the Product does not conform to the terms of this Agreement and the offer made by arvato. After Blizzard has received your valid return, arvato will either: (i) repair the Product, (ii) replace the Product with an item of equivalent value; (iii) credit to the credit card or Paypal account used to pay for the Product an amount equal to the value of the Product (as determined by arvato in its reasonable discretion), or (iv) provide another remedy which arvato determines in good faith is appropriate in the specific circumstances. Lastly, note that all claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by Blizzard within thirty (30) days after your receipt of Product. The return/exchange can be initiated by contacting Customer Service at: https://gear.blizzard.com/index.php/default/sales/guest/form/
9.1 Disclaimer of Warranties: We disclaim all warranties, express or implied, regarding the Products, including any implied warranties of merchantability or fitness for a particular purpose.
9.2 Limitation of Remedies: If a Product is defective, your exclusive remedy is limited to the repair or replacement of the defective Product in accordance with Blizzard’s warranty accompanying that Product, if any.
9.3 Limitation of Damages: Our entire liability for any defective Product shall not exceed the purchase price you have paid for the defective Product. This limitation applies even if we cannot or do not repair or replace any defective Product and your exclusive remedy fails of its essential purpose.
9.4 No Consequential or Other Damages: We have no liability for general, consequential, incidental, punitive or special damages, even if notified of the possibility of such damages.
Products offered in Blizzard’s Gear Store are the intellectual property of Blizzard. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
If you order Products from Blizzard’s Gear Store for delivery outside the United States they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws may require that some of the information or communications we send to you should be in writing. When using Blizzard’s Gear Store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in Blizzard’s Gear Store or the Account area. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Arvato Digital Services LLC, 29011 Commerce Center Dr., Valencia, CA 91355, USA or by email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your Blizzard’s Gear Store account, or in any of the ways specified in clause 12 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in Blizzard’s Gear Store, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the address.
14.1 We will not be liable or responsible for any failure or delay in performance that is caused by events outside our reasonable control (a "Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action.
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5 impossibility of the use of public or private telecommunications networks.
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 (Notices) above.
If any of these terms of sale are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.1 We have the right to revise and amend these terms of sale from time to time.
17.2 You will be subject to the policies and terms of sale in force at the time that you order Products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us on the contrary within three days of your receipt of the Products).
These terms of sale for the purchase of Products placed through Blizzard’s Gear Store will be governed by New York law, except with respect to any claims arising under state consumer protection laws, as such claims will be governed by the state in which you reside.