1.1 Software. Xsolla provides you with a software which is delivered to you via internet download only. You can purchase the following Xsolla products: a) pre-order, b) subscription, c) access to a game (via key or a registered game account), d) in-game currency, e) in-game item, f) premium account (collectively the “Software”). 

1.2 Physical goods. Xsolla provides you with physical goods or merchandise, such as playing cards, caps, or other goods (collectively “Product”) which Xsolla sells as an authorised distributor. 

1.3 Red Orbs. Xsolla may provide you with rewards points ("Red Orbs") when you choose to participate in the Red Orbs Rewards Program by completing various challenges, making purchases, and more. Red Orbs can only be earned and cannot be purchased with fiat currency. For more information about Red Orbs, please read Red Orbs Terms and Conditions.

1.4 All types of purchases - Software and (or) Products collectively will be titled “Items” or “Order”.

1.5 The Software and Products and its descriptions and specifications are provided to Xsolla by its partners (the “Partner(s)”). Xsolla does not warrant the accuracy, reliability, or completeness of such description or specification.

2.1 By placing an Order with Xsolla, you acknowledge that your transaction will be with us and not with the Partner. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, we will then purchase the Items from the Partner for the sole purpose of immediately reselling it to you for the amounts presented and agreed-upon when you submitted your Order. 

2.2 We will start processing your Order after your purchase has been approved. Orders are typically processed instantly, but may take up to 2–5 days to complete depending on your chosen payment method. 

2.3 Once your Order has been processed, we will send you a confirmation email (if possible) using the email address provided to us in your personal account or submitted to us by the Partner.

2.4 This confirmation email will serve as your electronic purchase receipt and will contain information about your Order. In the case that your purchase is for a Product, you will receive a receipt first, and afterward we provide you with the Order confirmation email (see Section 4.1 below). The contract between you and Xsolla will only be formed when you receive your Order confirmation email.

2.5 If it is unable to supply you with an Item (for example, because that Item is not in stock, or no longer available, or because of an error in the price), Xsolla will inform you of this by email and we will not process your Order. If you have already paid for the Item, we will refund you the full amount charged as soon as possible and will incur no further liability to you.

The price of your Order will be quoted including any applicable taxes and shipping costs (except in circumstances where free shipping is offered) at the time of purchase and based on the country data you provide.

4.1 After the completion of a successful purchase for the Product, the shipment process will be started. Once we receive a confirmation that the Product is ready for delivery, we will send you additional information about the shipment and delivery (“Shipment Notification”). The gap between payment for the Product and the receipt of a Shipment Notification may take 2–5 days. Where such service is made available, the Shipment Notification will contain a tracking number that will allow you to track the delivery of your Order. 

4.2 Occasionally, the delivery of the Product may be affected by a cause or event outside of our control, including but not limited to: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God; limited access to railways, shipping, aircraft, motor transport or other means of public or private transport; limited access to public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Xsolla will not be responsible for any situations that affect the delivery in the case that such situations are beyond Xsolla’s control.

4.3 Delivery of the Product shall be completed when the Product will be delivered to the address you provide.

4.4 Occasionally, part of an Order may be out of stock. The shipments of your Products will only be made after the Products have arrived at the depot.

4.5 Products are shipped to you based on the information which you provide, and you are responsible for the accuracy of such information. If any regulations are breached (including but not limited to export/import regulations) due to inaccurate information provided by you, then you are responsible for such a breach.

4.6 If you have any other questions about your order, shipping and/or delivery, please contact us at support@xsolla.com (marked “Order”).

We are attentive to any facts that indicate the presence of fraud. We reserve the right to deny access to our servers if we establish a fact pattern that indicates the illegal use of the Software, or any other action aimed at obtaining the Software which the user is not entitled to claim. Please note that Customers whose accounts are banned do not have the right to demand the return of purchased Software or any other refund.

6.1 We are pleased to offer returns collection service to all Customers where the purchases meet our Refund Policy.

6.2 The cancellation period starts from the date you receive your Item. You have 14 days from receipt of your Item to inform us of your intention to return or exchange. For Products, you then have a further 14 days to return it back to us. Returns outside this period may not be accepted. 

6.3 To request a refund you need to visit https://help.xsolla.com/ and contact Xsolla customer support. Before sending a refund request, please note that:

• There are some exceptions to the refund rules for the Software which are mentioned in the Refund condition section below.
• You should take reasonable care of the Product prior to return. In particular, this means that you should not have used the Product and any tags, labels or protective packaging should not have been removed.
• You should return the Product in suitable packaging to ensure it reaches us in good condition. To ensure that the Product reaches us in good condition and in accordance with this Refund Policy, we recommend that you use the original packaging that you received the Product in to return it to us.

IMPORTANT: 

• You should send the Product(s) back to the warehouse address indicated on the Order using the return label provided to you by Xsolla.
• Title and risk of loss are yours, and only transfer to us once the Product is received at the warehouse. 
• You are responsible for the shipping and handling costs associated with sending your cancelled Product(s) back (unless you have agreed to free shipping in individual cases).

1. Software not received – refund is allowed. In case of pre-orders, which have not been delivered yet, you may get a refund at any time up to the day of the game release. After the game is released, the general rules of refunds are applicable.
2. Duplicate purchase (a transaction which has been made within five minutes of the last transaction for the same item):
• Subscriptions – refund is allowed.
• In-game currency, In-game items – refund is allowed if the purchase has not been redeemed.
• Products – refund is allowed if the purchase has not been shipped.
• Game keys, Pre-orders – refund is allowed.
3. Forgot to deactivate a subscription – refund is allowed only for the first renewal within 48 hours after being debited for the subscription.
4. Purchase of in-game currency by mistake – refund is allowed if the purchase has not been redeemed.
5. Problem with the Product – refund is allowed. In the case of technical problems that have arisen after a cooling-off period, or in the case that you have received an incorrect or faulty Product, you may get a refund in accordance with the legislation of your country.
6. Software wasn’t compatible with an existing setup:
• Subscriptions – refund is allowed only for the first renewal within 48 hours after being debited for the subscription.
• Game keys – refund is not allowed.
  Pre-orders – refund is not allowed if the gaming content has been provided (such issues must be reported directly to the vendor).
7. Software didn’t function as expected:
• Subscriptions – refund is allowed only for the first renewal within 48 hours after being debited for the subscription.
• In-game currency, In-game items – refund is allowed.
• Game keys – refund is not allowed (such issues must be reported directly to the vendor).
• Pre-orders – refund is not allowed if the gaming content has been provided (such issues must be reported directly to the vendor).
8. General statements (statements such as "not what I thought", or "I can’t use this")– refund is not allowed.
9. Transactions including Red Orbs: ALL REDEMPTIONS MADE USING YOUR RED ORBS ARE FINAL AND NON-REFUNDABLE.
   • Partial Payment with Red Orbs - the transaction is paid partially with Red Orbs, refund of the Red Orbs part is not allowed. Subject to conditions of this Refund Policy, the portion of the payment made with fiat currency is allowed.
   • Full Payment with Red Orbs - refund is not allowed.

7A. EU/UK RIGHT OF WITHDRAWAL

As a rule if you live in the UK, the European Economic Area, or European Union, you have the right to withdraw from the agreement (EULA) without giving any reason within 14 days from the day of conclusion of the agreement. The withdrawal period will expire after 14 days from the day of entering into the agreement.

Effects of withdrawal

If you withdraw from the agreement, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

To exercise the right of withdrawal, you must inform us at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, CA 91403, USA of your decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the model withdrawal form stated below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired to Xsolla Support Team by email support@xsolla.com.

Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)

To: Xsolla Support Team, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, CA 91403, USA , support@xsolla.com

I/we* hereby give notice that I/we* withdraw from my/our* contract of sale in relation to the following purchase:
_____________________________________________
Ordered on*/received on*:
_____________________________________________
Name of consumer(s):
_____________________________________________
Address of consumer(s):
_____________________________________________
Signature of consumer(s) (only if this form is notified on paper):
_____________________________________________
Date:
_____________________________________________
*Delete as appropriate.
END OF THE MODEL WITHDRAWAL FORM

Early Expiration of the Right of Withdrawal

SOFTWARE (DIGITAL CONTENT)

For the supply of digital content which is not supplied on a tangible medium, your right of withdrawal shall expire when performance has begun, and, if the agreement places you under an obligation to pay, where (i) you gave your prior express consent to beginning the performance and (ii) you acknowledged that you would thereby lose your right of withdrawal, and (iii) we provided you with the confirmation of the agreement that was concluded, on a durable medium (e.g., e-mail), including a confirmation of your prior express consent and acknowledgment to beginning the performance.

PLEASE NOTE that when you purchase digital content which is not supplied on a tangible medium by making the purchase you give your prior express consent to beginning the performance and acknowledge that you would thereby lose your right of withdrawal when performance has begun.

YOUR OBLIGATIONS

In the event of withdrawal from the agreement You shall refrain from using the digital content or digital service and from making it available to third parties.

Please note that once you have received an NFT and corresponding NFT Content, subject to the NFT Terms, that has already been minted and is now traceale on a blockchain, all sales will be deemed final, and no refund will be available to you due to the immutable nature of the blockchain based ledger system which was utilized in connection with the sale and transfer of the NFT and corresponding NFT Content.

However, you may be entitled to a refund of the Software if the mechanics of game provide for subsequent activation and minting of the NFT and corresponding NFT Content, and the NFT and corresponding NFT Content has not already been activated, in which case the general provisions of this Refund Policy will apply.

9.1 Refunds can only be issued to the original payment method used for a payment, and you will not incur any fees as a result of such reimbursement. It’s not possible to send a refund to a different account (e.g., another card or bank account) unless there is a special case (e.g., expired or canceled cards, a problem with the account). In the case that you are required to make a refund to a different destination (e.g. a non-refundable method was originally used), fees from this charge are not returned. 

9.2 Refunds may take up to 10 working days to appear in your account, depending on the payment method to which it is being issued.

9.3 For cancellation reimbursements, we will make the reimbursement without undue delay, and not later than:

(i) Fourteen (14) days after we receive your cancelled and returned Item(s), or

(ii) Fourteen (14) days after the day you provide evidence that you have returned the purchased Product(s). In some cases, we may not require you to send the Product back to us, such as if we consider the damage to be too serious, in which case we will simply refund your purchase.

9.4 If you choose to cancel, you must clearly inform us of your decision during the сancellation period. To effectively cancel your order or part of your order, please reach the Support team at help.xsolla.com and detail 1) the date that the Order has been paid, 2) that date that the Order has been received, 3) the Item(s) being cancelled, 4) the Order reference number, 5) your full name.

9.5 Products that have been shipped cannot be cancelled and will not be refunded until you provide us with evidence that you have returned the purchased Product(s).

10.1 Xsolla does not exclude or limit in any way our liability to you where it would be unlawful to do so. To the extent permitted by law, our total liability to you in respect of all other foreseeable losses arising under or in connection with the EULA and this Refund Policy, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of a) the Items, or b) $150 USD, whichever is less.

10.2 You agree not to use the Items for any commercial, business, or resale purposes, and Xsolla has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Xsolla only supplies the Items for domestic and private use. If you use the Items for any commercial, business, or resale purpose, Xsolla will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.1 Xsolla represents and warrants to you that we will take all action necessary to solve your issue in good faith. All refund disputes will be investigated, taking into account the legislation of your country.

11.2 Please note that Xsolla is not the developer of the Software, and cannot affect the Software quality or guarantee that it will meet any of your expectations. The Software is provided “as is” and on an “as available” basis without warranty or condition of any kind.

11.3 When making your decision to purchase a pre-order of a video game, please be aware that the Software developer, and not Xsolla, is solely responsible to complete the development of the Software and to provide you with an operable version of the Software.

11.4 Any announcements, statements, and promises made by the Software developer in regard to the Software, including but not limited to the contents, release date, accessibility of the Software, are the developer's sole responsibility to fulfill. You should be aware of the possible risk that the Software developer may fail to deliver the Software in good quality, or on time, or may otherwise be unable to meet your expectations, even if those expectations are based on announcements, statements, or promises made by the developer themselves. In all such cases, claims and refund requests are to be made directly to the Software developer.

12.1 This Refund Policy (as well as the EULA) are governed by the laws applicable in the State of California and shall be construed accordingly, without prejudice to any other imperative provision of law more favorable to the customer applicable in the country of habitual residence of the customer.

12.2 Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Xsolla agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute arising out of or related to any Item purchase, or the breach, enforcement, interpretation, or validity of this Refund Policy and (or) EULA or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: Xsolla, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, CA 91403, USA.

12.3 Unless you indicate otherwise in your notice, Xsolla shall respond to your notice using your last-used billing address or the billing and/or shipping address that we have.

12.4 In the event that Xsolla is unable to resolve the dispute, you and Xsolla both agree that the parties shall resolve their dispute through binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

We are committed to protecting the privacy of our Customers. For information on how information is collected, used, or disclosed by us in connection with your purchase, please consult our Privacy Policy.

If you have any further questions or concerns related to our Refund Policy, please feel free to contact our Customer Support at https://help.xsolla.com/ for more information.

Last updated: October 24, 2024