Welcome to Xsolla. By visiting this online store (the “Website”) and/or purchasing something from us, you are “Using” the Website and agree to be bound by these Terms and Conditions of Sale (the “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the terms of this Agreement, do not Use the Website.
These Terms apply to all sales and purchasers of physical products (including without limitation merchandise, gaming hardware, CDs or other tangible objects with software, music or video, paper books, magazines and other printed media). In cases of purchasing CDs or other tangible objects with software, our End-User License Agreement https://xsolla.com/eula is applicable to such software.
This Agreement is binding as of its date of publication on the Website. You are solely responsible for being knowledgeable of, and in compliance with, this Agreement.
Upon entering into this Agreement, you represent that you are of the legal age of license in your state, province, or jurisdiction of residence.
Throughout the site, the terms “we”, “us” and “our” refer to Xsolla (USA), Inc., 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA and its Affiliates. The terms “Purchaser”, “yourself”, and “you” refers to the person who visits or makes purchases from the Website.
All, graphics, user interfaces, graphics, visual interfaces, photographs, sounds, music, artwork, logos, trademarks, computer code, and text (collectively, “Content”), including but not limited to the selection, design, coordination, expression, structure, “look and feel”, and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. With regard to digital or software Content, you acknowledge that by making a purchase through our Website, you are obtaining a limited and personal license to that Content that may not be sublicensed or assigned by you without Xsolla’s express consent. Any attempt to re-sell, sublicense, or assign your rights under any such license shall be deemed a breach of this Agreement.
This Website may contain links to other independent third-party websites (“Third Party Websites”). These Third Party Websites are provided solely as a convenience to you. Such Third Party Websites are not under our control, and we are not responsible for and do not endorse the content of such Third Party Websites, including any information or materials contained on such Third Party Websites. You will need to make your own independent judgment regarding your interaction with these Third Party Websites.
We attempt to describe the products available for purchase on the Website as accurately as possible. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
If the particular items are available on the Website, we cannot guarantee that all items are in stock or immediately available for delivery when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
A. Placing An Order.
All orders must be placed on the Website through the Internet. Using our Website may require you to open an account. You guarantee all information that you provide while using our Website, including the potential registration for an account, is true, accurate, up-to-date, and complete.
B. Order Confirmation.
Although we make every effort to ensure your satisfaction, automatic order confirmation errors may occur. Please review the automatic order confirmation and inform us immediately of any discrepancies in the event that they are identified. In the event that your previous order resulted in a dispute or litigation, or you previously disputed a charge, we may cancel or refuse your order. By using our Website, you consent to receive sales invoices electronically.
C. Personal Use.
All products we sell are for personal use only. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
D. Changes And Cancellation.
We are unable to make changes or cancel your order once it has been placed and confirmed. However, you may return your product using our free returns option within 30 days of receipt.
Pre-Order products are items that are not yet in stock, but available for advanced purchase on our site. Products are shipped directly to you once available. You will not be charged for your order until it has shipped and you will be notified via email with tracking information.
Prices presented on the Website do not include shipping and handling, expedited service, taxes, and other charges, if applicable, which will be added to your total price.
B. Payment Options.
All purchases require a valid debit/credit card or other payment methods that are accepted by us in our sole discretion.
We are currently accepting credit cards (Visa, MasterCard, American Express, Discover), PayPal, Apple Pay, Android Pay, and Samsung Pay as available payment methods.
Notwithstanding the foregoing, we have the right to refuse any payment in our sole discretion without giving an explanation.
C. Correct Information.
For your security, your billing name and address must be entered exactly as they appear on your credit card statement. An order that does not match these criteria is subject to cancellation.
You claim and warrant that your use of a credit card or other payment method is authorized and that all information that you submit to us or our third party payment processor is true and accurate; you agree to pay all fees you incur. We are not liable for damage of any kind arising from your submission of any information that is deemed to be untrue or is inaccurate.
D. Tax and other Charges.
If your purchase is subject to any type of sales tax, then we may also charge you for those taxes and you agree to pay all fees and taxes incurred, if applicable.
As described in clause 7E, you may be subject to import duties and other charges that must be borne by you.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the product, to purchase at pricing not applicable to your geography, or for any other purpose.
F. Payment Processing.
Payment processing, as well as a refund due to payment refusal, may take some time. We have no responsibility for any losses arising out of delays in payment processing and refund due to the payment refusal.
A. Shipping Address.
We shall ship your order to the address you provide during the ordering process. You should check the Shipping Address and notify us of errors or omissions as soon as possible.
You may not amend the address provided during the ordering process after the completion of the ordering process.
We are currently shipping to the countries listed on the Website only. We do not accept other international orders on the Website at this time.
When your order ships, you will receive a shipping confirmation email with a link to track your package. Some orders will ship in multiple boxes and each box will have its own unique tracking number.
Depends on your shipping address, you may have the right to choose the type of delivery from the list provided on the Website.
In the event that estimated delivery date, or estimated shipping time, is provided during the checkout process, this information is provided on an informational basis and does not constitute an obligation on our part. We are not responsible for any delay in delivery or for any loss of or damage to a package or its contents while in the care of the courier or postal service. Should you have any questions, please contact customer support at help.xsolla.com.
E. Custom and Import Duties
Each product sold and supplied by us may be subject to and governed by the laws of the United States and other countries, including but not limited to the US Export Administration Regulations (EAR) and US Foreign Assets Control Regulations (FACR). You are required to comply with all applicable laws relating to the import and export of any Product.
When purchasing products with cross-border delivery, you may be subject to import duties and taxes and other charges, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international Purchasers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
If applicable, the ownership of the products you purchase shall be transferred to you when full payment is received and we deliver the products to you. However, any risk of loss, theft, or destruction, in the period between the delivery and the transfer of ownership, shall not be our responsibility or liability. Should you not honor your payment obligations for any reason whatsoever, we shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk, and peril.
If you are not completely satisfied with your purchase, for any reason, we will offer you a full refund within 30 days of purchase. Product(s) must be in their original package and in full.
You have to examine products within 30 days of their shipment to you and notify us if any defects are found. Return incorrect, flawed, or damaged items, and we'll cover the return shipping to get the product you wanted in your hands.
We shall not be liable for defects in products caused by any act, neglect or default on your part and we will have the right to refuse you in a refund.
Returns received more than 30 days after the date of shipment will not be accepted and will be returned to the sender.
Please enclose a copy of the original invoice or packing slip. Returns that do not include a copy of the original invoice or packing slip will not be accepted and will be returned to the sender.
You will have the benefit of any manufacturer's warranty provided by the manufacturer to you in connection with your purchased products and should refer to the relevant documentation supplied with the product in this regard.
Need to make a change? At this time, we do not offer product exchanges. You may return your product within 30 days using our free returns option for a full credit and re-order your replacement item.
Return/exchange merchandise must be unworn and in new condition with original tags and all original packaging.
We cannot accept COD returns.
D. International Returns and Customs.
We do not cover shipping or customs expenses for international returns (i.e., any returns from outside the continental United States of America, Hawaii, and Alaska). You will be responsible for all shipping and customs expenses and procedures.
We do not guarantee, represent or warrant that your Use of our Website will be timely, secure, uninterrupted, or error-free. We do not warrant any results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may disable the Website for indefinite periods of time at our discretion, without notice to you. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products delivered to you through the Website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that the prices, product description and delivery dates are accurate, complete and error-free. The prices, product description and delivery dates do not constitute an offer and may be withdrawn or revised at any time prior to our order confirmation.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any loss or damage of any kind incurred as a result of the Use of the Website or any product made available via the Website, even if advised of their possibility.
You hereby acknowledge the understanding, that to the maximum extent permitted by applicable law, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the amount actually paid by you for the applicable products which give rise to such liability.
You agree to indemnify, defend and hold us harmless and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Most user concerns can be resolved by use of our support site at help.xsolla.com If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.
Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity, or termination shall be determined by final and 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.
Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.
The following paragraph is applicable only to US Purchasers: YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
All legal notices given by you or required under this Agreement shall be mailed to: Xsolla (USA), Inc., 15260 Ventura Boulevard, Suite 2230, Sherman oaks, CA 91403, USA.
Any notice or other communications in relation to these Terms may be given by mail, fax or e-mail to the address and contact information you provided in connection with your purchase of products.
We may, in our sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions.
The act of Using our Website constitutes your acceptance, without reserve, of this Agreement in effect as of the date of Using our Website, as well as any other terms and conditions posted on the Website. If you don’t agree with the modifications or revisions, cease Using our Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
Our obligations are subject to existing laws and legal process and We may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
You agree not to allow the use of your Account by individuals of any terrorist supporting countries to which exports are at the time of exportation restricted by the European or the United States authorities. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.