Terms of Sale

For those customers who order products or services through games playable on Battle.net®, or on the Battle.net Marketplace.

Last revised: February 5, 2013

You should carefully read the following Terms of Sale (“Terms of Sale“). By placing an order to purchase a product and/or a service on or through Battle.net, the Battle.Net Marketplace, or the Diablo® III Real Money Auction House (collectively, the “Blizzard’s Online Services”), you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.


Section A – Terms of Sale Applicable to all Blizzard online purchases

  1. Pricing.

    Blizzard shall have the right at any time, prior to Blizzard’s acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the Blizzard’s Online Services are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Blizzard’s express acceptance of your order (as described below). 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 product or service will be provided in accordance with such revised description or corrected price.
  2. Payment.

    Different payment methods, such as credit card, direct debit or Battle.net Balance, may be available to you when making a purchase through Blizzard’s Online Services. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. It is your obligation to pay all Federal, State and local taxes associated with the receipt or use of the digital goods which you purchase from Blizzard. You may review the payment methods authorized for use on Blizzard’s Online Services here http://us.battle.net/support/en/article/5000050.
  3. Currencies.

    Depending on your country of residence, and the particular Blizzard Online Service that you use to make a purchase, you may be able to choose from several different currencies to purchase goods online from Blizzard.
  4. 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.
  5. Limitation of Liability.

    To the maximum extent permitted by applicable law, Blizzard will not be liable for damages of any kind arising from the use of the Battle.net Marketplace, including, but not limited to any indirect, incidental, punitive, special or consequential damages. In no event shall Blizzard's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Blizzard during the thirty (30) days immediately prior to the time such claim arose.
  6. Indemnification.

    You shall indemnify Blizzard against any and all liabilities, claims and costs incurred by, or made against, Blizzard as a direct or indirect result of Blizzard performing Services or carrying out any work on or to the products where this has been done to your (or your representative's) specific requirements or specifications; causing an infringement or alleged infringement of any proprietary rights of any third party. To the fullest extent permitted by law, and save where expressly set out in any License Terms or in any other agreements between the parties, Blizzard shall have no liability to you in the event of the products or services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. Blizzard shall only be obliged to transfer to you only such right or title as Blizzard has.
  7. 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 Service 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 Agreement, 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.
  8. 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.
  9. 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 the 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.
  10. Entire Agreement.

    You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between Blizzard and you with regards to your ability to purchase goods or services from Blizzard’s Online Services. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

Section B – Terms of Sale for Digital Content and Services

  1. Orders for Digital Content and Services.

    By placing an order on the Battle.Net Marketplace, you agree that you are submitting a binding offer to purchase digital content, such as digital versions of Blizzard interactive games and digital content for Blizzard products (“Digital Content”) or service from Blizzard Entertainment, Inc. Based upon your billing address, Blizzard will collect sales tax on your behalf and remit payment to the state government in states where digital goods are taxable. Your order is accepted and a contract concluded once Blizzard has sent you a Confirmation Email (“Confirmation Email”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF DIGITAL CONTENT AND THE PERFORMANCE OF BLIZZARD’S SERVICES BEGINS IMMEDIATELY AFTER THE CONFIRMATION EMAIL IS SENT. In the case of pre-orders, the performance begins when Blizzard adds the respective license to your Battle.net account after sending you a Confirmation Email.
  2. All Sales for Digital Content or Services are Final.

    No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law. For additional terms and conditions applicable to the purchase of any Loot listed on the Diablo® III Real Money Auction Houses, please review the Diablo III Auction House Terms of Use.

Section C – Terms of Sale for Physical Products

  1. Pricing - Physical Products.

    The prices listed for physical goods available through Blizzard’s Online Services (referred to herein as “Merchandise”) do not include shipping, handling or taxes, if applicable. Prior to checking out, Blizzard will add all applicable shipping, handling and taxes to the price for the Merchandise you are purchasing. Based upon your billing address, Blizzard will collect sales tax on your behalf and remit payment to the state government in states where the sale of Merchandise is taxable. Blizzard also 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.
  2. Orders for Merchandise.

    By placing an order for Merchandise through Blizzard’s Online Services, you agree that you are submitting a binding offer to purchase the Merchandise from Blizzard Entertainment, Inc. Your order is accepted and a contract concluded once Blizzard sends you a Confirmation Email. In the case of pre-orders of Digital Content, such as an interactive Game, the performance begins when Blizzard adds the respective license to your Battle.net account after sending you a Confirmation Email.
  3. Shipping.

    Merchandise will be shipped F.O.B. Fresno, California, unless Blizzard designates otherwise on Blizzard’s Online Services. 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.
  4. Delivery.

    Delivery timescales/dates specified for the delivery of Merchandise to you, in any order acknowledgement, acceptance or elsewhere are estimates only, and while Blizzard endeavours to meet such timescales 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 do so. Merchandise delivery shall be to a valid address to the address submitted by you, and once Blizzard delivers the Merchandise to a transportation carrier at the designated shipping point, Blizzard's liability as to delivery ceases, and title and risk of loss passes to you.
  5. Acceptance/Rejection/Returns.

    With regards to purchases of Merchandise from Blizzard's Online Services, note that you shall have a period of thirty (30) days following your receipt of Merchandise to examine it to confirm that it conforms to this Agreement and the offer made by Blizzard. You may reject the Merchandise by returning it to Blizzard (at your expense) along with a copy of the receipt or other proof of purchase if the Merchandise does not conform to this terms of this Agreement and the offer made by Blizzard. After Blizzard has received your valid return, Blizzard will either: (i) repair the Merchandise, (ii) replace the Merchandise with an item of equivalent value; (iii) credit to the credit card used to pay for the product an amount equal to the value of the Merchandise (as determined by Blizzard in its reasonable discretion), or (iv) provide another remedy which Blizzard 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 Merchandise.