Terms of Use

Terms of Use

CD PROJEKT RED STORE
Last updated: 08/30/2019



Hello! We are the CD PROJEKT RED STORE, part of the CD PROJEKT Group. We’ve put a lot of work into creating our STORE — the place where you can buy merchandise related to our video games. To ensure everything is clear and legally binding, we’ve put together these Terms of Use, so you can know how our STORE works and what rights you have as our customer. We’ve tried to keep these Terms simple; however, to provide extra clarity, we’ve also added informal short summaries for your convenience. Please remember that only the full-text wording is legally binding!

These Terms of Use are effective as of 09/04/2019 and were last modified on the date written above.

FULL TEXT
QUICK SUMMARY
1. SCOPE
1.1 1.1. The CD PROJEKT RED STORE (“STORE”) is operated by CD PROJEKT Inc., (“CDP”, “we”, “our” or “us”, operating as well under the name “CD PROJEKT RED STORE”), a Delaware corporation with its seat at 9A Wavecrest Avenue, Venice, California, 90291, USA. These Terms of Use (“Terms”) apply to your use of the STORE available at us.store.cdprojektred.com
Our STORE is operated by a company belonging to CD PROJEKT Group that is dedicated to selling official merchandise. We’ve also put our address there, so you can send us sweets.
1.2 1.2. The STORE allows you to buy official merchandise related to CD PROJEKT RED video games (“Product(s)”), manage your purchases and orders by setting up a user account (“Account”), as well as receive new information about Products by subscribing to our newsletter (“Newsletter”).
You can buy cool stuff here, as well as learn something about our new and exciting gear coming soon (of course as long as you subscribe to our newsletter – it is not obligatory, but it would be great to stay in touch, wouldn’t it? ;)
2. USING THE STORE
2.1 You may use the STORE if you agree to these Terms and have a device with Internet access and software that allows you to view Internet websites, such as a web browser. You are not required to set up an Account in order to browse the STORE and order Products.
You can browse and make purchases without an account, if your computer or phone is not a total potato and you’re OK with this document.
2.2 All purchases made at the STORE are subject to the legal provisions set forth in these Terms, in particular Section 3 “Terms of Sale” below. You will be asked to expressly accept the Terms before placing the Order. We recommend printing or saving a copy of these Terms for your records.
You will be asked to accept these terms before making a purchase.
2.3 We have made every effort to display as accurately as possible the colors and images of our Products that appear in the STORE. We cannot guarantee that your computer monitor's display of any color will be accurate.
We’ll try our best but your screen may not accurately display the colors of our Products.
2.4 You may set up an Account if you wish 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 wishlist. 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. You are entirely responsible for maintaining the confidentiality of your password and other Account information. You agree to notify CDP immediately if you suspect any unauthorized use of your Account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your Account.
Setting up an account is not necessary, but it’ll make things easier for you to buy and manage your purchases.

Also (and this is not to the left, but it’s still solid advice, so what the hell), always remember to use unique passwords for each service you use. It’s not the 2000s anymore.
2.5 You can subscribe to our Newsletter to learn about our new and upcoming Products and special offers. 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 by unsubscribing through the unsubscrive link provided in our e-mails or by contacting us at privacy-store@cdprojektred.com.
You can subscribe to our newsletter to learn about our new and upcoming products and special offers.

If you choose to do so – thanks <3.
2.6 When establishing an Account or signing up for your Newsletter or otherwise using the STORE, you may be asked to provide certain personal information. Our collection, use and disclosure of such information is more fully described in, and is governed by, our Privacy Policy.We may also collect information about you via cookies, as described in our Cookie Policy.
Our collection of any information you give us about yourself is governed by our Privacy Policy.
3. TERMS OF SALE
3.1 General. Each Product you buy at the STORE is sold to you by CDP according to these Terms.
3.2 Placing an Order. To make a purchase, please search for the Product you wish to buy and add it to your shopping basket. Once the Product is added, you may add more Products or proceed to checkout. Once you have finished shopping, click “Checkout” and follow the instructions to complete your Order. By clicking the “Buy now” button, you are making a binding offer to buy the Product(s) placed in your shopping basket (“Order”). By placing the Order, you acknowledge that CDP is authorized to charge the billing method you have selected (e.g., your credit card) for your Order.
We’re not reinventing e-commerce (yet) – it’s just like with any other STORE. Find a product you like, add it to your shopping basket, provide necessary information and click “Buy now” to place an order.
3.3 Confirmation and conclusion of contract. Once we receive your Order, we will immediately send you an acknowledgement that we have received it (“Confirmation”). The Confirmation does not mean that the offer you made in the Order was accepted by us. Before accepting, we will need to make sure the Product(s) are available and that there were no errors or other issues that would prevent us from being able to complete the transaction. The transaction between you and CDP is only concluded once the Product(s) you have ordered have been dispatched to the shipping address indicated by you, which we will confirm in a separate email. In the event that CDP is unable to accept your Order, whether before or after sending Confirmation, due to the unavailability of the Products you have ordered, a technical error or any other reason, 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.
You will receive confirmation that we have received your order, but remember that the valid contract between us will be executed once we dispatch the ordered product(s) to you.

If for some important reason we are unable to accept your order, we will let you know ASAP and provide a refund if the payment has been already made.
3.4 Pricing. All pricing listed in the STORE is subject to change without prior notice and we reserve the right to adjust the price of any Product sold through the STORE (prior to your order) at any time in our sole discretion. In the event that a Product is listed in the STORE at an incorrect price due to a typographical error or error in pricing information, we will have the right to refuse or cancel any Orders placed for the Product listed at the incorrect price. If your credit card has already been charged for the purchase and your Order is canceled, we will: (i) make reasonable attempts to notify you, and (ii) will issue a credit to your credit card account or other method of payment chosen at checkout in the amount of the incorrect price.
We can adjust our prices. If we accidentally quote an incorrect price in an Order you place, we can cancel the Order and will refund your money.
3.5 Taxes. To the extent that we are required by law to charge and collect taxes on Products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the Order total. The tax amount displayed during checkout is an estimate of the tax applicable to your Order. This amount may vary slightly from the actual amount of tax payable in connection with your Order due to different tax rates which apply as a result of the origin and destination of the Product(s) being purchased, as well as other factors. However please note, that any item shipped to Canada, unless specifically exempted, may be subject to the Goods and Services Tax (GST) and/or duty, which will not be included in the Order total at checkout. For specific details please refer to your local tax authority.
We will charge you any sales taxes that may be required.
3.6 Shipping. All prices displayed at the STORE will indicate estimated applicable sales taxes at the time of checkout, but do not include shipping fees, which will be added to the price of the Products at checkout (based on your choice of shipping method). Products purchased from the STORE are shipped only within the US and Canada and only after payment is processed. We will use our best efforts to have your Products delivered by any estimated dates indicated during checkout.
Remember that shipping costs are not included in the price, and will be added at checkout.
3.7 Payments. We may offer several payment methods for Orders at the STORE and 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 in electronic format.
Your payments will be managed by external providers. Remember that their separate terms and conditions may apply, so please review them carefully before you complete your Order or make payment.
3.8 Pre-purchases. We may offer pre-purchases for some Products that we are still working on and we may charge you for the Product once you place an Order for pre-purchase. You may cancel the pre-purchase at any point until the Product is actually shipped to you. If you were charged for pre-purchase, we will refund you within fourteen (14) days following such a cancellation within the permitted time period. We will provide a shipment date only for informational purposes and will do our best to inform you if the shipment date of a pre-purchased Product changes.
We may sometimes offer a pre-purchase option for unreleased products. If you decide to pre-purchase a product, keep in mind that we may charge you right away and it might take some time for the product to reach you.
3.9 Acknowledgment. You acknowledge that to place an Order you must have the legal capacity to enter into a sales contract with CDP (including being the age of majority in the jurisdiction in which you reside) and that you are required to provide accurate, truthful 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 fraudulent.
Remember that you may only place an order if you are legally allowed/able to do so!
3.10 Cancellation of Order: You may cancel your Order without giving us any reason if the Product(s) have not already been shipped to you. You can cancel your order by contacting us or using your Account functionalities.
You can cancel your order before we ship the goods to you.
3.11 Returns. Due to limited available quantities, we only offer returns or exchanges for Products that do not conform to your Order or that we agree are defective or damaged (collectively, “Non-Conforming Products”). Except for Non-Conforming Products, all sales are final and Product(s) are not refundable/returnable. You should check the Product(s) that are delivered to you carefully to confirm that they conform to your Order and are not defective or damaged. You have the right, for up to thirty (30) days after you receive your Product(s), to return or exchange Non-Conforming Products. Please contact us if you wish to return Products that you believe are Non-Conforming Product(s). As part of this process, we may require you to provide a photo of the Non-Conforming Products and their original packaging. Once we confirm that you are entitled to return the Product(s), we will offer you either a refund, repair or replacement. You acknowledge that (i) 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; (ii) we only accept returns of Non-Conforming Product(s) purchased from the STORE; (iii) the returned Products must be unused and in their original condition; and (iv) the original shipping fees are non-refundable.
Upon its arrival, check carefully if the product we sent you is what you ordered and isn’t defective or damaged. Should anything other than pure awesomeness be present in the package, let us know and we’ll issue a refund or exchange.
4. YOUR RESPONSIBILITIES
4.1 You may use the STORE only for the purposes specified in the Terms and you acknowledge that you shall refrain from using the STORE for any activity that may be illegal, damaging to CDP or in any way offensive, deceptive or misleading to other users of the STORE. In particular, you agree not to use the STORE for purposes not permitted by law, not to publish false information, impersonate another user, use malicious software, circumvent security of the STORE or payment processor, make payments with stolen credit cards or use the STORE for money laundering purposes or fraudulent activities.
Please be nice and don’t do anything against the law. We want the STORE to be a pleasant place for everyone.
4.2 You should not use the 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.
Remember that you should not infringe other parties’ rights in your comments or posts.
4.3 If you send us anything or post anything in the 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, including in promotional and marketing materials and on our social media accounts. You further irrevocably waive any “moral rights” or other rights in the User Content, including without limitation, any rights with respect to attribution of authorship or integrity of materials regarding each User Content that you may have under any applicable law. 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. Keep in mind that any of your User Content may be made public and can be copied by third parties. This includes your photo or any personal information you may include in User Content. Therefore, if you don’t want your User Content made public, do not submit it to us.
If you share something with us, we want to be able to show it to the world and we need your consent to do so.
4.4 You may post links to the STORE on third parties’ websites, provided that such posting is consistent with their terms of use and does not present CDP in a misleading or defamatory manner. You may also use and share the User Content, including features of 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@cdprojektred.com). Please note we reserve the right to review each request and accept or reject it if necessary.
Feel free to share links to our website with your friends. Don’t do anything that could be detrimental to us, though!
5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
5.1 The STORE and Product(s) and all its content constitute the intellectual property of CDP or CD PROJEKT S.A. 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.
Everything you see in the STORE is owned by CDP and CD PROJEKT S.A.
6. FEEDBACK OR SUGGESTIONS
6.1 You’re welcome to give us feedback and suggestions to improve the STORE or Products –contact us at: us-store-support@cdprojektred.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.
It’s cool to send us feedback and suggestions about the STORE and our product(s). Thank you! However, please don’t be disappointed if we don’t use them or reward you for them.
7. CONTESTS OR SWEEPSTAKES
7.1 The STORE may periodically offer sweepstakes, contests or other promotions. Please note that sweepstakes, contests or promotions offered via the STORE may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which will be final and binding in all respects.
If we run a contest or sweepstakes, you’ll have to agree to separate rules.
8. TERMINATION
8.1 In the very unlikely event that we have to stop providing access to the STORE (not due to any breach by you of these Terms), we will try to give you at least sixty (60) days’ advance notice by posting such information at us.store.cdprojektred.com
If for some reason we have to permanently close the STORE (don’t worry, it’s rather unlikely!), we will do our best to notify you in advance.
8.2 We reserve the right to cancel or suspend your Orders as well as your access to the STORE and your Account if you “materially breach” this Agreement, in particular, if you perform any unlawful actions as mentioned in Sec. 4.1-4.2. 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.
If you seriously breach this Agreement, we may have to cancel your orders and block your access to the STORE or your account.
9. DISCLAIMERS & LIMITATIONS
9.1 THE STORE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS REGARDING QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If anything goes wrong and there’s a dispute between us, there are special types of damages we can’t be held liable for and the most we can be liable for is $1,000. But this doesn’t affect your established statutory rights as a consumer.
9.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, USE OF OPPORTUNITY AND/OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
9.3 THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
10. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
10.1 If you have any questions or issues concerning your Order or in regard to these Terms, your Account or the STORE, we hope we can resolve them quickly and amicably through the STORE Support service available at us-store-support@cdprojektred.com

10.2 However, we recognize that there might occasionally arise legal disputes that are not so easily resolved. In this section, we explain what happens in the case of a legal dispute.

10.3 You and we 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.

10.4 For customers, who are not individuals resident in the Province of Quebec: If we cannot resolve the dispute informally, it will be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

FOR CUSTOMERS WHO ARE NOT INDIVIDUALS RESIDENT IN THE PROVICNCE OF QUEBEC THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
If you have any concerns or issues, you can contact STORE support by shooting us an e-mail at store-support-us@cdprojektred.com.

If you are unhappy with the result of our discussion, you agree to handle the dispute through binding arbitration in Los Angeles.
11. GOVERNING LAW
11.1. For customers who are not individuals resident in Quebec and except as otherwise required by applicable law, you and we agree that your use of the STORE and all purchases made at the STORE will be governed by and interpreted according to the laws of California. Nothing in these Terms deprive you of any rights you may have under your applicable local law.
Any legal questions / complaints / claims regarding this Agreement fall under California law and jurisdiction for users all around the world. However, this does not deprive you of any rights you may have under your local law.
11.2. For customers who are individuals resident in the Province of Quebec, you and we agree that your use of the STORE and all purchases made at the STORE will be governed by and interpreted according to the laws of Quebec and the federal laws of Canada applicable therein. Nothing in these Terms deprive you of any rights you may have under your applicable local law.
12. FORCE MAJEURE
12.1 Neither you nor we will be liable for any failure to perform any obligation under this Agreement or to provide access to CD PROJEKT RED games and services 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 or war.
If unforeseen events beyond your or our control occur (war, earthquake, gigantic flood, alien attack, Godzilla, etc.), then neither of us will be liable to the other for any obligations that can't be performed.
13. CHANGES TO THESE TERMS
13.1 We may, in our sole and absolute discretion, change, modify or revise these Terms and any and all part thereof, including, but not limited to requirements to access the Store, create an account or purchase our Products, ordering processes, payment, shipping and return policies, pricing, contests, sweepstakes or other offerings, disclaimers or limitations, and/or our Privacy Policy or Cookie Policy, if we deem it necessary, e.g. for legal reasons or to reflect changes in our games and services, from time to time. If we do so, we will make the changed Terms available online and make reasonable efforts to inform you of the changes. The changes will not deprive you of your already acquired rights.
We can change this Agreement, but if we do, we'll put the changed version online and it will take effect a reasonable time afterwards.
13.2 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@cdprojektred.com if you have specific questions about the changes.
If you have any questions about changes to this document, you may contact us at legal@cdprojektred.com.
13.3 If you do not agree to those changes (regardless of whether you email us), then we must unfortunately ask you to cease using the STORE. We are sorry to do so, but we hope you understand that we need to have the same rules for everyone for the STORE to work properly.
If you don’t accept the new terms, we will have to ask you not to use the STORE :(

Important: please remember that the full text version is what’s legally binding – the quick summary on the right is just to help you understand the legally binding version better.
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