TERMS OF SALE OF THE UBISOFT STORES
TERMS OF SALE OF THE UBISOFT STORES

TERMS OF SALE OF THE UBISOFT STORES

Please read these Terms of Sale carefully before purchasing from a Ubisoft Store (as defined below). If you do not agree to these Terms of Sale, you must not order through the Ubisoft Stores.

 

1. Scope

These Terms of Sale (the "Terms of Sale") shall govern all purchases of digital content and software, including without limitation, video games, subscription services such as Ubisoft+, in-game currency, additional or downloadable content such as season pass, year pass, add-ons, customization elements(the "Ubisoft Products"), any of which is available on our different stores, whether (i) on our online store accessible both at store.ubi.com and within the Ubisoft Connect PC application or (ii) on any other Ubisoft affiliated website, app or game where the Ubisoft Products are available for purchase  (a "Ubisoft Store" and altogether 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 (Créteil registry) and having its registered address at 2, avenue Pasteur 94160 Saint Mandé, France, which VAT number is FR79432573624 and any one of its parent, subsidiary or affiliated companies, including without limitation Ubisoft Inc. ("Ubisoft" or "we", "us", "our" used herein all relate to Ubisoft). Our customer support can be reached at https://support.ubi.com/zh-hk/contact#zh-hk. The Ubisoft Stores are owned and operated by Ubisoft, as defined above.

These Terms of Sale are incorporated by reference to the Terms of Use of Ubisoft available at http://legal.ubi.com/termsofuse/ ("Terms of Use"). All capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use. Certain Ubisoft Products are subject to the acceptance of an End User License Agreement ("EULA") and any other additional terms, which will be available to you before you can access, download, install or use such Ubisoft Product. Ubisoft’s Privacy Policy is an integral part of these Terms of Sale and can be found at https://legal.ubi.com/privacypolicy ("Privacy Policy"). Please read it carefully to understand our views and practices regarding your personal data and how we will treat it.

When you purchase on the Ubisoft Stores, we grant you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to use the Ubisoft Products.

Ubisoft Products may also be purchased from third parties authorized by us to sell such Ubisoft Products.  When you purchase Ubisoft Products from a third party, your purchase is with that third party and not Ubisoft. The terms and conditions of sale of such third party will bind you for your purchase. Please make sure to read them carefully before placing an order on such third party site.

Please note that these Terms of Sale do not apply when you purchase additional content on our Services by using your in-game currency.

2. Order and Terms of Payment

2.1 Steps to Order. Only individuals acting outside of their trade, business, craft or profession are allowed to order Ubisoft Products on a Ubisoft Store. To make a purchase on a Ubisoft Store, simply browse through the Ubisoft Products available on the Ubisoft Store and click on the Ubisoft Products that you wish to buy to add them to your shopping basket. After you have finished shopping, click on "Checkout" and you will be asked to log in or create a personal Ubisoft Account ("Account") before providing additional information needed to complete your order. For more details on how to open an Account, please refer to our Terms of Use, accessible at http://legal.ubi.com/termsofuse.

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) you  authorize us 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, (in particular, you will not use VPNs or other methods to manipulate your true location). As applicable, we reserve the right to ask you for more information to confirm that your order has been authorized by your legal guardian. If necessary, we will state the maximum amount of a particular Product that you may purchase per order on the relevant product pages and if your order exceeds such a maximum amount, we will only be obligated to accept your order at the maximum amount that we so state.

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 to you in accordance with your order as further detailed in Section 3. Your order is only deemed accepted by us when we send you our purchase confirmation email (in each case, "Acceptance") and our Acceptance will only concern the Ubisoft Product(s) identified in such email and not any other Ubisoft Product(s) included in your order.

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 Ubisoft Product descriptions or in the Ubisoft Product price prior to the Ubisoft Product delivery. In the event the price or description of the Ubisoft Product is incorrect, we will contact you via email to inform you of the same, and automatically refund you the full amount paid for your order. You may then re-order the Ubisoft Product at the correct price or specification. We shall have no further obligation or liability to 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.

2.5 Payment Methods. We offer various payment methods on our Ubisoft Stores, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions from time to time without any liability to you. For the purpose of preventing fraud and/or payment means abuses, we may share with our technical partners certain of your personal and purchase information, in accordance with the Privacy Policy. We reserve the right to suspend and/or revoke your Account and/or to restrict you from placing orders in the Ubisoft Stores and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Some payment methods available on the Ubisoft Stores are non-refundable payment methods. Please find here conditions and restrictions applicable to non-refundable payment methods https://www.ubisoft.com/help/article/000064604.

2.6 Delivery of Ubisoft Products. Depending on the Ubisoft Product(s) in your order, such Ubisoft Product(s)will be made available to you for download via the Ubisoft Connect PC application, it will be supplied through a digital key or it will be directly accessible in-game once we have received payment in full for the same. 

2.7 Pre-purchases. For certain Ubisoft Products which are in development and not yet released, we 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 a refund at any time before the release of such Ubisoft Product.

2.8 Ubisoft Refund Policy.  We may offer refund for digital PC games bought on the Ubisoft Stores if you request the refund of your game within 14 days from the date purchase, and if you have less than 2 hours of playtime. Additional conditions and restrictions apply. For more details, please read our refund policy http://store.ubi.com/refund-policy.

You can request a refund via your Account Management by using our automatic refund request tool accessible on your Order History page https://store.ubi.com/order-history  or you can contact our Customer Support at https://support.ubi.com/zh-hk/contact#zh-hk

If your refund request is accepted, you will lose access to your game and to all corresponding in-game purchases. You will be refunded on the initial payment method you used for your purchase unless you have used a nonrefundable payment method. In such case, you will receive a voucher available on the Ubisoft Stores. Please consult our FAQ for more information on non-refundable payment methods https://www.ubisoft.com/help/article/000064604

Please note that our refund policy only applies for digital PC games and does not apply for other Products sold on the Ubisoft Stores such as downloadable content, season pass, year pass, virtual currency or any other digital content.

3. Delivery and Right to Reject

3.1 Timeframe. We will use reasonable endeavors 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 that on-time delivery is not an essential condition of your order. 'Reasonable endeavors’ means that we will seek to deliver the Ubisoft Products within a reasonable time, which shall not exceed 30 days 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. 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 reject purchased Ubisoft Products if:

  • the Ubisoft Product or any part thereof has been damaged;
  • there are defects in the Ubisoft Product, as long as such defects are not caused by your use of the Ubisoft Product outside its intended or recommended use or contrary to its manual; or
  • the Ubisoft Product does not match the description of the product page available on the Ubisoft Store.

We 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 reject the Ubisoft Products nor to get a refund, replacement or repair (as applicable).

When you are entitled to reject the Ubisoft Product, We will offer a refund, repair or replacement of the concerned Ubisoft Product in accordance with your statutory rights.

 

4. Limitation of Liability

If we fail to comply with these Terms of Sale, we 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 HK$200) as a result of our  failure to comply with these Terms of Sale.

We 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.

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 questions concerning your order or with regards to these Terms of Sale you can contact our Customer Support at https://support.ubi.com/zh-hk/Contact#zh-hk.

 

6. Miscellaneous

6.1 Force Majeure. We  shall have no liability under these Terms of Sale if it is prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our own workforce 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 Hong Kong. You irrevocably agree that the Courts of Hong Kong have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms of Sale or their subject matter or formation (including non-contractual disputes or claims).

6.3 Revision of the Terms of Sale. We reserve 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 our 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 us 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 us 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 our 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 https://support.ubi.com/zh-hk/Contact#zh-hk