Xsolla

REFUND POLICY

Welcome to Xsolla!

The terms of this Refund Policy govern the relationship between you (hereinafter “You” or “Client”) and Xsolla India Private Limited (hereinafter "Xsolla" or "us" or "we") regarding your purchase.

Our Items

Xsolla provides You with a software which is delivered to you via Internet downloads 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”). All types of purchases will be titled “Items” or “Order”.

Delivery

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 payment method. 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 game. This confirmation email will serve as your electronic purchase receipt and will contain information about your Order.

Fraud Prevention

We are attentive to any facts of fraud. We reserve the right to deny access to our servers if we establish the fact of 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 Clients whose accounts are banned do not have the right to demand the return of purchased Software or any other refund.

Refund request

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

You have 14 days from receipt of your Item to inform us of your intention to return or exchange. Returns outside this period may not be accepted. 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.

The main thing you should know about your purchase is that by starting using any Software before the 14 days expiration from the purchase date you acknowledge that you will lose your right to change your mind and request a refund. For example, you have purchased the Software, paid for it and received the link for the downloading, or an email with the key for the access to a game, etc. If you start downloading the Software on your computer or you have entered the key to receive the Software before the 14 days expiration from the purchase date that means that you waive your right to cancel the purchase.

Refund conditions

1. Item is 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 general rules of refunds are applicable.

2. Duplicate purchase (a transaction which has been made within 5 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;
  • Game keys — refund is not allowed;
  • Pre-orders — refund is allowed until the playable content has been delivered;

3. Forgot to deactivate a subscription — refund is not allowed.

4. Purchase of in-game currency by mistake — refund is allowed if the purchase has not been redeemed.

5. Technical problems with the Software — refund is not allowed (such issues must be reported directly to the vendor).

6. General statements (such as "not what I thought") — refund is not allowed.

Effects of cancellation

Refunds can be sent back only 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 or a problem with the account). In case you require to make a refund to a different destination (e.g. a non-refundable method was originally used) fees from this charge are not returned. Refunds do not include postage / shipping costs. Refunds may take up to 10 working days to appear in your account depending on certain payment methods.

Limitation of liability

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) USD 150, whichever is less. 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.

Disputes

This Refund Policy as well as EULA are governed by the laws of India 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. 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: XsollaIndia Private Limited,94, Pocket-4, Sector-11, Dwarka, New Delhi, South West Delhi, Delhi, India 110075.

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.

n the event that Xsolla is unable to resolve the dispute, you and Xsolla both agree that the parties shall resolve their dispute binding arbitration in New Delhi, before a single arbitrator. The arbitrator shall apply the laws ofIndia.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.

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.

When making your decision to purchase a pre-order of the 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.

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 carry out. You should be aware of the possible risk that the Software developer may eventually fail to deliver the Software in good quality or in time or may otherwise be unable to satisfy your expectations. All claims and refund requests in such cases are to be filed to the Software developer directly.

Privacy Statement

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

Contact details

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.

Effective Date: March 20, 2019
Last Updated: December 01, 2019