EUROPEAN GEAR STORE TERMS OF SALE
LAST REVISED: June 08, 2018
Each product you purchase (“Merchandise”) through the European version of the Blizzard Gear Store located at https://gear.blizzard.com/eu (the “EU Gear Store”) is sold to you by Blizzard Entertainment International, a division of Activision Blizzard International BV, Stroombaan 16, 1181 VX Amstelveen, The Netherlands (“Blizzard” or “we”).
You should carefully read the following Terms of Sale (“Terms of Sale“). By placing an order on or through the EU Gear Store, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have permission from your parents or a legal guardian to enter into this legal contract.
Prices include any applicable value-added tax but does not include shipping fees, which will be added to the price of the Merchandise you are purchasing prior to your checking out.
Orders for Merchandise.
By placing an order for Merchandise through the EU Gear Store, you agree that you are submitting a legally binding offer to purchase the Merchandise from Blizzard. Your order is accepted and a contract concluded once Blizzard sends you an email confirming that your order has been accepted (a “Confirmation Email”).
Different payment methods, such as credit or direct debit cards, may be available to you when making a purchase through the EU Gear Store. When you use third party payment providers, such as PayPal, that provider’s additional terms, and costs, may apply. Payment is due immediately as soon as you receive your Confirmation Email.
Right of withdrawal.
If you are a resident of the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. Your right of withdrawal does not apply for sealed audio video recordings or sealed computer software which were unsealed after delivery. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Merchandise.
To exercise the right of withdrawal, you must inform us (Activision Blizzard International BV, Stroombaan 16, 1181 VX Amstelveen, The Netherlands) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post). You may use the model withdrawal form available at https://gear.blizzard.com/media/wysiwyg/EU_ROW/ROW_Post_Form_euEN.pdf, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website https://gear.blizzard.com/eu/sales/guest/form/. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as 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 such reimbursement. We may withhold reimbursement until we have received the Merchandise back or you have supplied evidence of having sent back the Merchandise, whoever is the earliest. You shall send back the Merchandise at Blogic, De Corantijn 19, 1689 AN Zwaag, The Netherlands, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the Merchandise before the period of 14 days has expired. You are only liable for any diminished value of the Merchandise resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Merchandise.
Unless otherwise agreed with you, we aim to deliver the Merchandise by transferring the physical possession or control of the Merchandise to you without undue delay, but no later than 30 days from the date of receipt of the Confirmation Email. If we fail to fulfil our obligation to deliver the Merchandise at the time agreed upon with you or within 30 days following the receipt of the Confirmation Email, we advise you to contact our customer service to arrange delivery within an additional time period appropriate to the circumstances. If we fail to deliver the Merchandise within that additional time period, you may be entitled to terminate the contract and get a full refund. Please note that you may have recourse to other remedies provided by your national law.
For Merchandises sent with tracked delivery by a courier, we require you to inspect the received parcel for any damage to the Merchandise in the presence of the courier representative. If you notice any damage, we suggest you to refuse acceptance of the parcel and to clearly outline the reasons for declining acceptance on the proof of delivery and to immediately contact our Customer Service for a refund or replacement of the product.
Legal warranty of conformity.
If you are a resident of the European Union and if the Merchandise ordered by you does not comply with the description given at the time of purchase on the EU Gear Store or if it cannot be used for normal purposes, is not of normal quality or does not perform as can be reasonably expected, then the regulations of statutory law may apply as you may benefit from a legal warranty of conformity under your national law.
You may return a Merchandise by shipping it back to Blizzard’s Distribution Center located at Blogic, De Corantijn 19, 1689 AN Zwaag, The Netherlands (“Blizzard’s Distribution Center”), along with a copy of the receipt or other proof of purchase, as applicable, if the Merchandise does not conform to the terms of these Terms of Sale. The return process can be initiated by contacting Customer Service at: https://gear.blizzard.com/eu/sales/guest/form/.
Import Duty and customs.
If you are not a resident of the European Union (“Non-EU residents”) and order Merchandise from the EU Gear Store for delivery outside the European Union, you hereby acknowledge and agree that: (i) Merchandise is shipped from the European Union; and (ii) you are solely responsible for any import duties and taxes which may be levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes to the applicable local customs office. 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.
For Non-EU residents, you must comply with all applicable laws and regulations of the country for which the products are destined.
Limitation of Liability.
Blizzard may only be liable in accordance with statutory law (a) for damages arising as a result of injury to life, limb or health; (b) in case of harmful intent; (c) in case of gross negligence; (d) if Blizzard is in breach of the requirements of product liability acts according to statutory law or (e) is in breach of an accepted guarantee. In any other cases Blizzard is only liable for slight negligence if Blizzard is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of these Terms of Sale, the breach of which would jeopardize the purpose of the Terms of Sale and the compliance with which you may generally trust. In such cases, Blizzard’s liability will be limited to typical and foreseeable damages; in other cases Blizzard shall not be liable for slight negligence.
Customer service contact details can be found at https://eu.battle.net/support/en/help/product/services/334/796. In the event of any requests which you may have in connection with your purchase of products on the EU Gear Store, please first contact our customer service.
Alternative Dispute Resolution.
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. You may, at your own discretion, resort to this platform as an alternative to the general courts of law.
The Terms of Sale shall be governed by and construed in accordance with the law of Netherlands, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods. Please note that consumer protection provisions mandatory in your country of residence continue to apply.
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.
Should Blizzard fail to, or elect not to insist upon strict performance of any of your obligations under these Terms of Sale, or should we fail to exercise any of the rights or remedies to which we are entitled, such failure or inaction shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.