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Terms of Sale

Larian Studios Merch Store
Terms of Sale
Last updated: 10 June 2020

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 use (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 relations 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
(meaning the 27 member states of the European Union and the UK)
Larian Studios Games ltd.
17a New Bride Street
Dublin 8, Ireland

For US and Canada
Company n° 556210 Larian Studios US Inc.
%Frederik U Fierst
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 the 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 at 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 you 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 couldn’t 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.

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 – Making a purchase basically works like any other webstore. Search for the Product(s) you like and add to the shopping cart. Once a Product is added, you may add more Products or proceed to checkout. Once you have finished shopping, checkout and follow the instructions to complete your Order. By confirming your Order, you are making a binding offer to buy the Product(s) placed in your cart (“Order”). By placing the Order, you acknowledge that Larian Studios is authorized to 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 got the 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 ordered have been shipped to the address indicated by you. You’ll get an e-mail confirming this shipment as well, so know this means were in business together. If Larian Studios is 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 cannot accept 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 on the Merch Store; (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.

3.4 Pricing and shipment For EU: All prices displayed at the Merch Store will be in EURO and include 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 and your choice of shipping method. The total price specified in the final check out screen will include VAT and shipping costs. This price will be recorded in the Confirmation. Be aware that if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. If you are paying for your order with an international Visa, Mastercard or other credit card, be aware that 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. Products purchased from the Merch Store are shipped within the EU and only after payment is processed. We will use our best efforts to have your Products delivered as indicated at the Merch Store or in the Confirmation. FOR US and Canada: All prices displayed at the Merch Store will be in USD and exclude any applicable sales taxes or any similar indirect tax and shipping fees. The total price specified in the final check out screen will include tax and shipping costs. Shipping rates are applied per order. The exact shipping rates depend on the state where your order is being delivered to and your choice of shipping method. Tax rate - In accordance with state and local law, your online purchases from the Merch Store will be taxed using the applicable sales tax or seller's use tax rate for your shipping address. Your invoice will reflect the final total tax, which includes state and local taxes, as well as any applicable rebates or fees. Products purchased from the Merch Store are shipped within the US and Canada only after payment is processed. We will use our best efforts to have your Products delivered as indicated at the Merch Store or in the Confirmation.

3.5 Payments - Several methods of payment are listed on the Merch Store. 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 prior to making a payment. All relevant invoices will be issued electronically.

3.6 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 to let you 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 value for money, 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 pre-purchased Product changes. 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.

3.7 Acknowledgment - You acknowledge that to place an Order you must have the legal capacity to enter into a sales 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.

3.8 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.

3.9 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 14 days from your 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 14 days:

For EU For US
Sooner Than Later
24 Kill Ave
Dún Laoghaire,
Co. Dublin
Ireland LtdRun
3402 Apex Peakway
Apex,
NC 27502

 

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.

3.10 Products available through the Merch Store which involve the purchase or licensed use of “Digital Content” give immediate access to or codes providing redemption rights for access to and use of 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.

3.11 Returns - You should check the Product(s) that are delivered to you carefully to confirm that they are not defective and that they conform to your Order. You have the right to return Product(s) if they are defective or they do not conform to your Order. 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 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 that 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.

4.4 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 legal@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 on the Merch Store, 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 at 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 outages, communications outages, fire, flood, pandemics or war.

11. GOVERNING LAW

FOR EU - 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 US - 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 legal@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.

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