LAST REVISED: September 26, 2017
Each item you purchase through the Blizzard Gear Store (the “Gear Store”) is sold to you by Blizzard Entertainment Inc. a Delaware corporation, 1 Blizzard Way, Irvine, CA 92618 (“Blizzard” or “we”).
You should carefully read the following Terms of Sale (“Terms of Sale“). By placing an order on or through the 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.
Please note that, to the extent your use of the Gear Store is not specifically addressed in this Terms of Sale, such use is governed by Blizzard’s End User License Agreement, which is available for review here.
The prices listed for goods available through Blizzard’s Gear Store (referred to herein as “Merchandise”) will be as quoted on the Gear Store, except in cases of obvious error. Such prices do not include shipping, handling, or taxes, which will be added to the price of the Merchandise you are purchasing prior to your checking out, as applicable. Based upon your billing address, Blizzard may collect sales tax on your behalf and remit payment to the state government in states where the sale of Merchandise is taxable.
The Gear Store contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. Blizzard reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Merchandise will be provided in accordance with such revised description or corrected price.
The Gear Store is only intended for use by customers in those countries that can receive good and services from the United States. The Gear Store may not be used to purchase Merchandise, or otherwise import or export goods or services into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
3. Orders for Merchandise.
By placing an order for Merchandise through the Gear Store, you agree that you are submitting a 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”).
Please note that Blizzard Balance may not be used to purchase Merchandise.
4. Shipping and Risk if Loss.
Merchandise will be shipped F.O.B. Fresno, California, unless Blizzard designates otherwise. International customers hereby acknowledge and agree that: (i) Merchandise is shipped from the United States; and (ii) you are solely responsible for any and all applicable import duties, customs fees, and taxes.
All purchases of Merchandise from the Gear Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Delivery timescales/dates specified for the delivery of Merchandise to you in any order acknowledgement, Confirmation Email, or elsewhere are estimates only. While Blizzard endeavors to meet such timescales and/or dates, Blizzard does not undertake to dispatch products and/or commence services by a particular date or dates, and shall not be liable to you in respect of delays or failure to meet such timescales or dates. Merchandise delivery shall be only to a valid address submitted by you.
6. Our Return Policy.
With regard to purchases of Merchandise through the Gear Store, you shall have a period of thirty (30) days following your receipt of such Merchandise to examine it to confirm that it conforms to this Terms of Sale. You may reject the product by returning it to Blizzard’s Distribution Center, at your expense, along with a copy of the receipt or other proof of purchase, as applicable, if the product does not conform to the terms of this Terms of Sale. The return process can be initiated by contacting Customer Service at: https://us.battle.net/support/en/help/product/services/334/796.
After Blizzard has received your valid return, it will either, in its discretion: (i) repair the product, (ii) replace the product with an item of equivalent value; (iii) credit to the credit card, or other valid payment device or account used, an amount equal to the value of the product (as determined by Blizzard in its reasonable discretion), or (iv) provide another remedy which Blizzard determines in good faith is appropriate given the specific circumstances.
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 the Merchandise.
7. Import Duty
If you order Merchandise from the Gear Store for delivery outside the United States it 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.
8. Disclaimer of Warranties and Limitation of Liability.
THE MERCHANDISE AND GEAR STORE ARE PROVIDED BY BLIZZARD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLIZZARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANDISE OR THE GEAR STORE, UNLESS OTHERWISE SPECIFIED BY BLIZZARD IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MERCHANDISE AND THE GEAR STORE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BLIZZARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLIZZARD DOES NOT WARRANT THAT THE GEAR STORE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THEREON, OR BLIZZARD’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLIZZARD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BLIZZARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE OR THE GEAR STORE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
If you are a resident of Australia, you may have additional rights and remedies under local laws. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this Terms of Sale pertaining to Disclaimer of Warranties, Limitation of Liability, and Indemnity apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Blizzard’s option. To submit a warranty claim to Blizzard, please call 1 800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the costs of returning media to Blizzard.
9. Revised Terms.
Blizzard 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 the Terms of Sale before any purchase. For easier reference, Blizzard will change the “Last Revised” date above.
10. Governing Law.
The Terms of Sale shall be governed by and construed in accordance with the law of the State of Delaware, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you access the Gear Store from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the purchase of tangible goods and/or services supplied by Blizzard to you. If the Act applies, then notwithstanding any other provision in this Terms of Sale, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement.
11. Place of Jurisdiction.
To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be a court of competent jurisdiction located in Los Angeles, California, the United States.
12. Force Majeure.
Blizzard shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of Blizzard being prevented, hindered, or delayed in performance by circumstances beyond Blizzard’s reasonable control including (but not limited to) any act of God, 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 and in such event Blizzard may elect to cancel your order and refund any payments made.
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, at any time during the term of an agreement, 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. 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.