Larian Studios Merch Store
Terms of Sale
Last updated: 17 December 2022

Thanks for visiting the Larian Studios Merch Store, the marketplace to shop for official merchandise related to our video games. If you want to know more on how the store works, as well as on your rights as a customer of the store, you will find most information in these terms of sale (the "Terms"). Should any questions remain unanswered, or there is something not clear to you after reading these Terms, you can reach out to us via merch-support@larian.com.

1. SCOPE

1.1 These Terms apply to dealings between you and Larian Studios with respect to your use of the Larian Studios Merch Store available at merch.larian.com ("Merch Store"). The Merch Store is aimed at people who are consumers. The information is in English, and all communications with you will be in English.

1.2 IMPORTANT - These Terms create a legally binding agreement between you and Larian Studios so please, sit back and take some time to read them carefully, before accepting them.

1.3 Based on your location Larian Studios (hereinafter also "we" or "us") is to be understood as:

For EU and other countries of the world we ship to
Larian Studios Games ltd.
17a New Bride Street
Dublin 8, Ireland
Company n° 556210

For US and Canada
Larian Studios US Inc.
64 Gothic St., STE 4
Northhampton, MA 01060
Company n° 84-3068623
 

Please note that, based on your location, specific terms may apply to you as a result of local legislation. We've tried to make this distinction as clear as possible. Wherever these Terms would conflict with local law, the latter will always prevail.

2. FEATURES

2.1 The  Merch  Store  allows  you  to  buy  official  merchandise  related  to  Larian  Studios’  video  games (“Products”). All purchases made via the Merch Store are subject to these Terms, in particular Section 3 “Terms of Sale” below and to applicable legal provisions. You will be asked to expressly accept the Terms before placing and confirming your order.

2.2 You may set up a store account (an “Account”) if you want to benefit from additional functionalities, such as managing your orders, checking their status, storing your delivery details for future orders or adding favorite  Products  to  your  wish  list.  To  register  an  Account,  you  will  be  required  to  provide  your  e-mail address and complete a short registration process. Once the account is registered, you will be able to access it using your e-mail address and password. Creating an Account is however not mandatory. You can perfectly place  an  order  without  setting  up  an  Account.  Also,  know  that  you  can  close  your  Account  at  any  time. Please keep your Account login and password secret. If you find out that someone has used your Account without your permission, or you think they did, contact us immediately. We’ll try and help you out as fast as possible, but we can’t be responsible for losses or damages you suffer because you failed to keep your login information secret.

2.3 You can subscribe to the Larian Gazette, Larian Studios’ newsletter (the “Newsletter”). Since you are interested  in  buying  our  Products,  you may  want  us  to  keep  you  informed  of  the  latest  news  on  Larian Studios, the exiting projects we are working on, as well as new and upcoming Products and special offers that will hit the Store in the future. In order to subscribe, you will have to provide us with consent to receive e-mails from us. The subscription to our Newsletter is not mandatory and you will be able to cancel it at any time.

2.4 We have taken great care in compiling the Merch Store and will do our best to make sure that the information on the Merch Store is accurate and up to date, however we do not guarantee to do so. When using the Merch Store be sure to check that your reliance on it is suitable for your own purposes. The product images shown on the storefront are for illustration purposes only and may not be an exact representation of the product, especially for products in development. We reserve the right to make reasonable changes or variations to products at any time. Rest assured that such changes or variations will always be intended to enhance the product and its quality.

3. TERMS OF SALE

3.1 General - Each Product you buy at the Merch Store is sold to you by Larian Studios according to these Terms.

3.2 Placing an Order – Once you have finished shopping, checkout and follow the instructions to complete your Order. The Products and the details contained in the Store do not constitute an offer for sale, but rather an invitation to treat. By confirming your Order, you are making a binding commitment to buy the Product(s) placed in your cart (“Order”). By placing the Order, you acknowledge that Larian Studios may charge you for your Order.

3.3 Confirmation and conclusion of contract - We will send you a confirmation mail that we received your Order (“Confirmation”). The Confirmation is just to let you know we received your Order, it does not yet mean we were able to accept it. The binding contract between you and Larian Studios is concluded once the Product(s) you have received an email confirming your Order has been shipped.

3.4 Refusal of Order - If we are unable to accept your Order, we will let you know as soon as we can and, where payment has already been made, make a refund to you without undue delay. Reasons why we could refuse an Order could be, amongst others, that (i) we are unable to obtain authorized payment or the payment process is incomplete, (ii) we identify a product or pricing error; (iii) you fail to meet the criteria to be able to make purchases; (iv) Products are unavailable or out of stock; (iv) you fail to submit all relevant details to allow us to fulfil the Order.

3.5 Pricing
For EU: All prices displayed on the Store are in EURO and include the estimated applicable Value Added Tax (VAT) or any similar indirect tax. The exact VAT and shipping rates depend on the country where your order is being delivered to. Shipping rates are applied per order. The exact shipping rates depend on the state where your order is being delivered to. The total price specified at checkout will include VAT and shipping costs. This price will be recorded in the Confirmation.
FOR USA AND CANADA: All prices displayed will be in USD and exclude any applicable sales taxes or any similar indirect tax and shipping fees. In accordance with state and local law, your online purchases from the Store will be taxed using the applicable sales tax or seller's use tax rate for your shipping address. Shipping rates are applied per order. The exact shipping rates depend on the state where your order is being delivered to. The total price specified at checkout will include VAT and shipping costs. Your invoice will reflect the final total tax, which includes state and local taxes, as well as any applicable rebates or fees, and shipping fees.
OTHER: All prices displayed will by default be in EURO. All prices displayed exclude the estimated applicable Value Added Tax (VAT) or any similar indirect tax. Shipping rates are applied per order. The exact VAT and shipping rates depend on the country where your order is being delivered to. The total price specified in the final check out screen will show VAT and shipping costs. This price will be recorded in the Confirmation. We will use our best efforts to have your Products delivered as indicated at the Store or in the Confirmation. Unless indicated otherwise, our worldwide shipping methods (this is shipping outside US, Canada and the EU) rely on shipping DDU (Delivered Duty Unpaid), which means we do not pay customs or duties and you may be charged with this to receive your order. You will have to pay these fees when you get your package, so please be aware of your country’s tax policy before you order. Larian Studios will not be responsible for any additional taxes, fees, logistics, or other additional charges required by your local government or delivery service to receive your package.

3.6 Payments - Payment for your Order must be made using one of the methods made available at the point of checkout. We may add, change or remove payment methods over time. Your payments will be processed by third-party payment providers, so their additional terms may apply. Please review such additional terms 3/6 prior to making a payment. All relevant invoices will be issued electronically. Products purchased from the Store are shipped only after payment is processed. Please note that:

- if your local currency is different from the currency in which the price is quoted, your bank will apply the exchange rate applicable per the date of purchase;
- If you are paying for your order with an international Visa, Mastercard or other credit card, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding such fees.

3.7 Pre-purchases/pre-orders – We’re always excited when we work on new projects and we are eager to let you know as soon as possible. For this reason, we may sometimes offer pre-orders for Products that we are still working on so you can share in our excitement. If we display shipment dates for pre-orders, know that these are purely informational. Our goal is always to get you the best Product, so from time to time finishing a Product takes some more time. We will do our best to inform you if the shipment date of a prepurchased Product changes. When making a pre-order you must ensure that your address and billing information is kept up-to-date and that we are notified of any changes. We cannot take any responsibility for inaccurate or outdated information. You should know that we may charge you from the moment you place an Order for pre-order Products, but you may cancel the pre-order at any point until the Product is actually shipped to you. If you were charged for a pre-order, we will refund you within 14 days following such a cancellation.

3.8 Acknowledgment - You acknowledge that to place an Order you must have the legal capacity to enter into a purchase contract with Larian Studios (which means amongst others you must be of legal age) and be an end-customer not a reseller. To place an Order, you further are required to provide accurate and valid information during the purchase process. We reserve the right not to accept the Order or ask for more information if we suspect that the provided information is inaccurate, or you cannot enter into an agreement with us.

3.9 Cancellation prior to shipment - You may cancel your Order without giving us any reasons as long as the Product(s) have not been shipped to you. You can cancel your order by contacting us at merch-support@larian.com or using your Account functionalities. For Account users, this means you can cancel your Order for as long as your Order status is not listed as “Shipped”. If we receive a cancellation request, we will notify our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is no longer possible, the Product(s) will be delivered to you, but you can still return them in accordance with the withdrawal procedure set out below.

3.10 Withdrawal following shipment - Subject to the exceptions set out below, you have the statutory right of withdrawal from all purchases you make at the Merch Store within 30 days from receipt of your Order without giving us any reason.

To exercise your withdrawal right you need to take the following steps:
- Contact us at merch-support@larian.com or by using your Account functionalities and express your decision to withdraw. If you are sending us an e-mail, providing us with your order number will surely help us to process your request faster; - send the relevant Product(s) back to us to the following address within 30 days:

For EU and other countries
Larian c/o RedSky Europe,
IDA Business Park,
Dublin Road,
Kilkenny,
Ireland R95 RFK0

For USA and Canada
Larian c/o Ship My Order
4031 Industrial Center Drive
Suite 705
North Las Vegas, NV 89030
USA

Once we have received the Product(s) in good order, we will provide you with a refund within the next 14 days. We will also refund the standard cost of delivery of your Order to you. However, you will have to cover the direct costs of returning the Product(s) on your own. Please note that if you return Product(s) that have been used, worn (except to try on) or washed, you may be liable for the diminished value of the returned Product(s). Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to us when you initiate the return so that we can refund the money directly to your account.

You will not be able to exercise your withdrawal rights if: (i) you have expressly agreed to immediate delivery of a product not supplied on a tangible medium and you have acknowledged that you would lose the right to withdraw from contract, or (ii) you purchased sealed Product(s) which are not suitable for return due to health protection or hygiene reasons (e.g. underwear) and if they were unsealed after delivery.

3.11 Some products available through the Merch Store which involve the purchase or licensed use of “Digital Content” give immediate access to use those Products as soon as you complete your purchase. Because you get immediate access and use, you lose any right to cancel or to claim a refund once you have made the purchase. Where (part of) the Product consists of a download, we grant to you a personal and non-exclusive licence to use that Download in accordance with such further terms as defined in the Download. Please note that the Download itself may be available for download (Electronic Delivery) through selected third parties. In this circumstance, we shall direct you to the third party’s website for Electronic Delivery of the Download. We will provide you with appropriate means (a unique code or similar) to the complete the Electronic Delivery of the Download via the third party’s website. Where you receive Electronic Delivery of a Download through a third party website, the terms and conditions of the third party website shall apply to such Electronic Delivery.

3.12 Returns - You should check the Product(s) that are delivered to you carefully to confirm that they are not defective and that they comply with your Order. You have the right to return Product(s) if they are defective or they do not comply. Please contact us if you wish to return Product(s) that you consider defective. Once we confirm that you are entitled to return the Product(s), we will offer you either a refund, repair or replacement according to any statutory rights you may have. You acknowledge that you will not be entitled to a refund if the Product(s) were damaged due to improper use of the Products or your own negligence.

4. YOUR RESPONSIBILITIES

4.1 You may use the Merch Store only for the purposes specified in these Terms and you acknowledge that you shall refrain from using the Merch Store for any action that may be illegal, detrimental to Larian Studios or in any way offensive, deceptive or misleading to other users of the Merch Store. In particular, you agree not to use the Merch Store for purposes not permitted by law, not to publish false information, impersonate another user, use malicious software, circumvent security of the Merch Store or payment processor, make payments with stolen credit cards or use the Merch Store for money laundering purposes or fraudulent activities.

4.2 You should not use the Merch Store or your Account in such a way as to infringe the rights of third parties. In particular, you should refrain from uploading or posting any content that may infringe on third party intellectual property rights or be otherwise illegal.

4.3 You must use your own identity at all times and ensure that the information you provide is accurate and up to date to the best of your knowledge. You should in any case not use information about any other person unless you have their explicit permission to do so.

4.4 If you send us anything or post anything in the Merch Store, you allow us to use your content, including but not limited to photos, comments and/or reviews (“ User Content”) for any purposes, in particular for purposes related to our promotional and marketing activities. For that purpose, you are giving us a perpetual, worldwide, royalty-free license to show, use and distribute User Content in any manner or by using any means. It is your responsibility to ensure you have all the necessary legal rights before you upload User Content and for ensuring it is safe to use. We cannot know ourselves, nor can we check it for you, so we rely on you to do so. You further understand that deleted User Content may persist in Larian Studios’ system to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

4.5 You may post links to the Merch Store on third parties’ websites, provided that such posting is consistent with their terms of use and does not present Larian Studios in a misleading or defamatory manner. You may also use and share the User Content, including features of Merch Store and Products for your personal enjoyment. However, we do not allow: (I) any use or distribution of such content for money or any commercial purpose; or (II) User Content to be placed in third party games or services or standalone products of any kind, without our prior approval (which you can request at merch-support@larian.com ). Please note we reserve the right to review each request and accept or reject it if necessary.

5. FEEDBACK OR SUGGESTIONS

5.1 We appreciate you sending us feedback and suggestions to improve the Merch Store or Products — contact us at merch-support@larian.com. However, please be aware that while we appreciate your feedback, we're neither obligated to use it nor to compensate you (financially or otherwise) for it.

5.2 When providing feedback, e.g. by leaving reviews of Products, do note that any submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist, or which may in any case cause offense to any person are strictly prohibited.

6. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Merch Store and Product(s) and all its content constitute the intellectual property of Larian Studios or its affiliated entities. and are protected as registered and unregistered intellectual property rights. All rights are reserved. You may not use any of the above without our express approval.

7. TERMINATION

7.1 In the very unlikely event that we have to stop providing access to the Merch Store (not due to any breach by you), we will try to give you at least sixty (60) days' advance notice by posting such information on the Store.

7.2 We reserve the right to cancel or suspend your Orders as well as your access to the Merch Store and your Account if you "materially breach" these Terms, in particular, if you perform any unlawful actions as mentioned in Sec. 4 of these Terms. We will make a reasonable attempt to contact you to explain why we have done so and what (if anything) you can do as a result.

8. CUSTOMER SUPPORT AND DISPUTE RESOLUTION

8.1 If you have any questions or issues concerning your Order or in regard to these Terms, your Account or the Merch Store, we hope we can resolve them quickly and amicably. You can reach out to us at merch-support@larian.com and we can discuss your issue.

8.2 However, we recognize that there might occasionally arise legal disputes that are not so easily resolved. In that case you and Larian Studios both agree to make a reasonable and good faith effort to resolve any dispute informally. We suggest this dispute resolution period last 30 days unless exceptional circumstances exist. If it is not resolved during this time, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/. if you are a customer based in the EU.

9. OUR LIABILITY

9.1 NOTHING IN THESE TERMS OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY MATTERS WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT BE REASONABLY ANTICIPATE. THIS INCLUDED THE FOLLOWING HOWEVER THEY ARISE: LOST PROFITS, LOSS OF INCOME OR REVENUE, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF USE OF MONEY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. FORCE MAJEURE

Neither you nor we will be liable for any failure to perform any obligation arising out of an Order if that failure is caused by the occurrence of any unforeseen event beyond your or our reasonable control including, without limitation, internet or power outages, communications outages, fire, flood, pandemics or war.

11. GOVERNING LAW

FOR EU AND OTHER - By accepting these terms, you and we agree that use of the Merch Store and all purchases made though the Merch Store will be governed by and interpreted according to the laws of Ireland and the application of the United Nations Convention of the Contracts for the International Sale of Goods is expressly excluded. Nothing in these Terms deprive you of any rights you may have under your applicable local law. The Irish courts will have non-exclusive jurisdiction over any dispute.
FOR USA AND CANADA - By accepting these terms, you and we agree that use of the Merch Store and all purchases made though the Merch Store will be governed by and interpreted according to Federal US law and the laws of Delaware. Nothing in these Terms deprive you of any rights you may have under your applicable local law.

ALL CLAIMS AND DISPUTES WITHING THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS AND CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER.

12. CHANGES TO THESE TERMS

12.1 We may change these Terms if we deem it necessary, e.g. for legal reasons. If so, we will make the changed Terms available online and make reasonable efforts to inform you of the changes. The Terms posted on the Merch Store at the time you place your Order will govern that purchase, regardless of whether we have already shipped to Product(s) to you or not.

12.2 Once we change the Terms, they will become legally binding 30 days after we post them online. During that period, you're welcome to contact us at merch-support@larian.com if you have specific questions about the changes.

13. PERSONAL DATA

In order to run the Merch Store and provide you with Products you ordered, we have to process your personal data. This means that when you purchase from us, you are asked to provide information so that we can complete your purchase. Such information may include things like your name, phone number, email, shipping address, and payment information. You can check out our Merch Store Privacy Policy for more details.