TERMS OF SALE OF THE UBISOFT STORESLast revised: 12 July 2016 Please read these Terms of Sale carefully before purchasing a Ubisoft Product on a Ubisoft Store (as defined below). If you do not agree to these Terms of Sale, you must not order any Ubisoft Product through the Ubisoft Store.
These Terms of Sale (the “Terms of Sale”) shall govern all purchases of software products and digital content, including without limitation, videogames (whether supplied in a tangible medium or through a link to download), in game currency, additional or downloadable content, season pass, Ubisoft collectibles such as figurines, toys, books, t-shirts and other accessories (altogether the “Ubisoft Products”), any of which is available on store.ubi.com, in the Uplay PC application or on any other Ubisoft affiliated website (the “Ubisoft Stores”).
These Terms of Sale are between you (“you”) and Ubisoft EMEA, a French SAS company registered under the number 432 573 624 (Bobigny registry) and having its registered address at 28, rue Armand Carrel, 93100 Montreuil-sous-Bois, France (“Ubisoft” or “we”, “us”, “our” used herein all relate to Ubisoft). Our customer support can be reached at http://support.ubi.com. This website is owned and operated by Ubisoft, as defined above.
Ubisoft Products may also be purchased from third parties authorized by Ubisoft to sell such Ubisoft Products. When you purchase Ubisoft Products from a third party, your purchase is with that third party and not Ubisoft. Please make sure to read the terms and conditions of sale of such third party, which will bind you for your purchase on such third party site. Irrespective of the terms of such third party contract, you may have rights against Ubisoft as the manufacturer of Ubisoft Products that cannot be excluded under Australian Consumer Law.
2. Order and Terms of payment
Your Representations. By clicking the “Buy” button on the applicable Ubisoft Store, you (a) acknowledge that (i) your order will be bound by these Terms of Sale, (ii) Ubisoft is authorized to charge you for your order and (b) represent that (i) you have legal capacity to enter into a contract with us or have obtained the consent from your legal guardian to enter into such contract, (ii) you provided true and accurate information during the ordering process, (especially, you will not use VPNs or other methods to manipulate your true location). As applicable, Ubisoft reserves the right to ask you for more information to confirm that your order has been authorized by your legal guardian.
2.2 Acceptance of your order. Once you have clicked the “Buy” button, your order will be transmitted to us. Your order is an offer to us to buy the Ubisoft Product(s) in your order. Once your payment has been processed, you will receive a purchase confirmation email and the corresponding Ubisoft Product will be delivered or made available to you (as further detailed in Section 3), in accordance with your order. Your order is only deemed accepted by Ubisoft when we send you our purchase confirmation email (“Acceptance”) and our Acceptance will only concern the Ubisoft Product(s) identified in that email and not any other Ubisoft Product(s) included in your order. On dispatch of physical Ubisoft Products you will also receive a dispatch confirmation email.
2.3 Pricing. All prices, discounts and descriptions made available on the Ubisoft Stores are subject to availability, and may be withdrawn or revised at any time.
While we try to be as accurate as possible in the descriptions regarding the Ubisoft Products, there may be errors in the information displayed to you. For that reason, we reserve the right to notify you of any errors in product descriptions or in the product price prior to the Ubisoft Product dispatch. In the event the price or description of the Ubisoft Product is incorrect, we will contact you before dispatch to request whether you want to buy the product (at the correct price or specification) or cancel your order. Ubisoft shall have no further obligation or liability to you (other than refunding any purchase price paid by you) in respect of such incorrect product descriptions or prices.
2.4 Taxes. Price of the Ubisoft Product is inclusive of any and all applicable sales and use taxes. Unless otherwise specified on the Ubisoft Product page, price of the Ubisoft Product is exclusive of the costs of shipping or carriage to the place of delivery (as accepted by Ubisoft) which (where applicable) will be added to the price payable by you.
2.6 Dispatch of Ubisoft Products. We will only dispatch the Ubisoft Products to you once we have received payment in full for the relevant Ubisoft Products.
2.7 Custom duties. Where Ubisoft Products over a certain value are shipped from outside Australia (for example where their value is deemed to be in excess of your personal import allowance), you may be subject to customs charges, import duties and taxes, levied when the Ubisoft Product reaches your specified destination. You shall bear any such additional charges for customs clearance or import duties or taxes. You should contact your local customs office for further information on customs policies or duties.
2.9 Pre-purchases. For certain Ubisoft Products which are in development and not yet released, Ubisoft may make such Ubisoft Product available to you for pre-purchase. We may charge you the full price of the Ubisoft Products at the moment of the pre-purchase. In the event you pre-purchased a Ubisoft Product (and provided you were actually charged for such Ubisoft Product), you will be entitled to cancel your pre-purchase and request for a refund at any time before the release of such Ubisoft Product. Please check our FAQ available at http://store.ubi.com/help for more information on pre-purchases.
3. Delivery and Returns
3.1 Timeframe. We will use reasonable endeavours to deliver your Ubisoft Product within the timeframe indicated on your purchase confirmation, but you acknowledge that this delivery timeframe is an estimate. Unless stated otherwise in your order, you acknowledge the on-time delivery is not an essential condition of your order. 'Reasonable endeavours' means that we will seek to deliver the Ubisoft Products within a reasonable time from the moment you place your order (namely, when you clicked on the “Buy” button). If we are unable to deliver the Ubisoft Products within such timeframe, we will notify you and you may specify a further delivery period which is appropriate taking into account the circumstances. If we do not deliver the Ubisoft Products within any such further delivery period, you may cancel your order and receive a refund.
3.2 Right to reject and lost-in transit packages. We recommend that you carefully check the Ubisoft Products upon delivery to ensure that they are in satisfactory condition, in accordance with their description and corresponding to your order. Generally, according to your statutory rights, you may return purchased Ubisoft Products if the Ubisoft Product does not match the description of the product page available on the Ubisoft Store.
Ubisoft shall not be responsible for any damage or losses arising from (i) use of the Ubisoft Products in connection with other defective, unsuitable or defectively installed equipment, (ii) your negligence, (iii) improper use of the Ubisoft Products and/or (iv) use in any manner inconsistent with the specifications, manual or instructions. In such cases, you shall not be entitled to return the Ubisoft Products nor to get a refund, replacement or repair (as applicable).
When you are entitled to return the Ubisoft Product, depending on whether such Ubisoft Product consists of digital content or a physical product, Ubisoft will offer either, a refund, repair or replacement of the concerned Ubisoft Product in accordance with your statutory rights.
4. Limitation of liability
If Ubisoft fails to comply with these Terms of Sale, to the extent permitted by law and subject to the terms of this Section, Ubisoft shall only be liable to you for the purchase price of the Ubisoft Product(s) and any proven losses you suffer (such losses to equal no more than $20) as a result of Ubisoft's failure to comply with these Terms of Sale. Ubisoft will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- a) loss of income or revenue;
- b) loss of business;
- c) loss of profits;
- d) loss of anticipated savings;
- e) loss of data; or
- f) any indirect or consequential loss.
Our goods come with statutory guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to have, amongst other matters, 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.
Nothing above prevents claims for damage to your tangible property. Nothing in this Section affects our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
5. Customer Support
If you have any question concerning your order or with regards to these Terms of Sale you can contact our Customer Support:
- - by email at firstname.lastname@example.org; or
- - through the form https://support.ubi.com
6.1 Force majeure. Ubisoft shall have no liability under these Terms of Sale if it is prevented from, or delayed in, performing its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Ubisoft or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
6.2 Law and Jurisdiction. To the extent permitted by applicable law, these Terms of Sale and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably agrees that the courts of New South Wales, Australia and any courts which have jurisdiction to hear appeals from any of those courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).
6.3 Revision of the Terms of Sale. Ubisoft reserves the right to modify these Terms of Sale and other notices contained on the Ubisoft Stores, at any time, temporarily or permanently and entirely at its own discretion. The Terms of Sale that apply to your purchase are the ones in force at the time of your purchase. Any change of these Terms of Sale will not apply retroactively to purchases that you made before the Terms of Sale were modified.
6.4 No Waiver. No failure or delay by Ubisoft to exercise any right or remedy provided under these Terms of Sales or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Ubisoft or by you.
6.5 Severance. If any court or competent authority finds that any provision of these Terms of Sale (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Sale shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Ubisoft initial intentions.
6.6 No assignment. You may not transfer your rights under these Terms of Sale to anyone else without our prior written consent.
Thank you for shopping on the Ubisoft Store. If you have any questions, feel free to contact us at support.ubi.com