1.2. The STORE allows you to buy official merchandise related to KINGDOM COME DELIVERANCE (“Product”), 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”).
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.
2.2. All purchases made at the STORE are subject to these Terms, in particular Section 3 “Terms of Sale” below and to applicable legal provisions. You will be asked to expressly accept the Terms before placing the Order.
2.3. 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 short registration process. Once the account is registered, you will be able to access it using your e-mail address and password.
2.4. 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.
3. TERMS OF SALE
3.1. General. Each Product you buy at the STORE is sold to you by XZONE 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 “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 XZONE is authorized to charge you for your 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. The binding contract between you and XZONE is concluded once the Product(s) you have ordered have been dispatched to the address indicated by you. In the event that XZONE is unable to accept your Order due to the unavailability of the Products you have ordered, a technical error or any other justified 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.
3.4. Pricing and shipment. All prices displayed at the STORE include any applicable sales taxes, but do not include shipping and payment fees which will be added to the price of the Products at checkout (based on your choice of shipping and payment method). Products purchased from the STORE are shipped only within the EU and only after payment is processed. We will use our best efforts to have your Products delivered as indicated at the STORE or in the Confirmation.
3.5. 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.
3.6. Pre-orders. We may offer pre-order for some Products that we are still working on and we may charge you for the Product once you place an Order for pre-order. You may cancel the pre-order at any point until the product is actually shipped to you. If you were charged for pre-order, we will refund you within 14 days following such a cancellation. 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.
3.7. Acknowledgment. You acknowledge that to place an Order you must have the legal capacity to enter into a sales contract with XZONE and that you are required to provide accurate 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.
3.8. Cancellation of Order: You may cancel your Order without giving us any reasons if the Product(s) have not been shipped to you. You can cancel your order by contacting us.
3.9. Withdrawal. Subject to the exceptions set out below, you have the statutory right of withdrawal from all purchases you make at the STORE within 14 days from your receipt of your Order without giving us any reason. To execute your withdrawal just contact STORE support at firstname.lastname@example.org
Once you have apply for withdrawal rights, you will have to send the relevant Product(s) to the following address within 14 days from time of delivery:
Once we receive the Product(s), we will provide you with a refund within 14 days. We will also refund the standard cost of delivery of your Order to you. However, you will have to cover the direct costs of returning the Product(s) on your own. Please note that if you return Product(s) that have been used, worn (except to try on) or washed, you may be liable for the diminished value of the returned Product(s).
You will not be able to apply your withdrawal rights if:
I) you have expressly agreed to immediate delivery of a product not supplied on a tangible medium and you have acknowledged that you would lose the right to withdraw from contract, or
II) you purchased sealed Product(s) which are not suitable for return due to health protection or hygiene reasons (e.g. underwear) and if they were unsealed after delivery.
3.10. Returns. You should check the Product(s) that are delivered to you carefully to confirm that they are not defective and that they conform to your Order. You have the right to return Product(s) if they are defective or they do not conform to your Order. Please contact us, if you wish to return Product(s) that you consider defective. Once we confirm that you are entitled to return the Product(s), we will offer you either a refund, repair or replacement according to any statutory rights you may have. You acknowledge that 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.
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 action that may be illegal, detrimental to XZONE 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.
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.
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 perpetual, worldwide, royalty-free license to show, use and distribute User Content in any manner or by using any means. 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 can not know that ourselves, nor can we, check it for you, so we rely on you to do so.
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 email@example.com). Please note we reserve the right to review each request and accept or reject it if necessary.
5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
5.1. The STORE and Product(s) and all its content constitute the intellectual property of Warhorse Studios s.r.o., ID no. 241 55 489, with its registered office at Praha 8, Pernerova 652/51, post code 186 00 (“WARHORSE”) and XZONE 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.
6. FEEDBACK OR SUGGESTIONS
6.1. You’re welcome to give us feedback and suggestions to improve the STORE or Products — contact us at firstname.lastname@example.org. 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.
7.1. In the very unlikely event that we have to stop providing access to the STORE (not due to any breach by you), we will try to give you at least sixty (60) days' advance notice by posting such information at kingdomcome-store.com
7.2. 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.
8. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
8.1. 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 email@example.com
8.2. 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.
8.3. 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. If it is not resolved during this time, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
9. PERSONAL DATA
10. FORCE MAJEURE
10.1. Neither you nor we will be liable for any failure to perform any obligation under this Agreement or to provide access to WARHORSE 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.
11. GOVERNING LAW
11.1. 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 Czech Republic, and any dispute regarding your use or purchases will be exclusively under the jurisdiction of the courts of Czech Republic. Nothing in these Terms deprive you of any rights you may have under your applicable local law.
12. CHANGES TO THESE TERMS
12.1. We may change this Agreement if we deem it necessary, e.g. for legal reasons or to reflect changes in WARHORSE games and services. If 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.
12.2. 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 firstname.lastname@example.org if you have specific questions about the changes.
12.3. 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.