GAIJIN.NET STORE POLICY

 

Last revised and effective: July 28, 2021

 

The current version is available at: https://store.gaijin.net/page.php?page=policy&skin_lang=en

 

IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE IN SECTION 8 OF THE EULA. ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY OR INTERPRETATION THEREOF.

 

If you are an EU resident, please pay special attention to Section 14 of this document.

 

Depiction of any real-world weapon or vehicle in the Store does not mean participation in product development, sponsorship or endorsement by any weapon or vehicle manufacturer.

 

This Gaijin Store Policy (“Store Policy”) constitutes a legal agreement between you (“User”, also “you”, “your”, “Player” in the EULA) and Gaijin which means one of the following legal entities (depending on the circumstances described right below): 

  • When the Store Website is accessible via third-party gaming platforms (e.g. Steam, PlayStation Network, Xbox Live, Google Play Store, Apple App Store): Gaijin Distribution Kft., with its registered address at Hungária körút 162-166, 1146 Budapest, Hungary;
  • In all other cases: Gaijin Network Ltd, with its registered address at Kyriakou Matsi, 10 Liliana Building, 2nd floor, Office 203, PC 1082, Nicosia, Cyprus. 

Gaijin can also be referred to as “we”, “us”, “our” in this Store Policy.

 

This Store Policy shall be the part of Terms and Conditions as defined in the Terms of Service current version of which available at: https://gaijinent.com/en/b/termsofservice - and governs your purchase in Gaijin.Net Store available at https://store.gaijin.net (“Store Website”), use and further disposal of the In-Game Items (as defined in Section 6 of EULA) in our videogame(s) (“Games” or “Game”) published by Gaijin on any platform (i.e. Windows, Xbox, PlayStation, iOS, Android and etc.), including, but not limited to, War Thunder, Star Conflict, CRSED: F.O.A.D., Enlisted and/or other Gaijin’s videogames which have been installed by you, subject to your accepting our Terms and Conditions and stipulations and limitations specified in such Terms and Conditions and herein.

 

Before purchasing and use any In-Game Item, you shall read out and accept this document, as well as Gaijin Terms of Service which contains general provisions and regulations on how we deliver our Services, including the Games, which also incorporates the following documents:

  • End User License Agreement (“EULA”);
  • Privacy Policy;
  • Cookies Policy;
  • Game Rules; and other documents being an integral part of the Terms and Conditions.

 

The capitalized terms (words) not defined herein, shall be interpreted as provided by the Terms of Service and EULA.

 

  1. PURCHASE OF IN-GAME ITEMS

 

1.1. In order to extend your gaming experience and enhance game functionality, you are able to purchase one or more In-Game Items for our Games in Gaijin Store available at Store Website. Gaijin reserves the right to refuse or cancel orders for In-Game Items in case such an order violates  the Terms and Conditions or explicitly prohibited by Gaijin (whether in the Terms and Conditions, on Gaijin’s websites or otherwise).

 

1.2. Some or all of the In-Game Items may be available for purchase only in certain regions (locations). In case you reside in a restricted region, you are unable to make any transactions in the Gaijin Store. The list of restricted regions shall be separately communicated by Gaijin via its websites, including the Store Website. Gaijin also reserves the right to amend the prices for all or any particular region, or to set different prices for different regions. The use of VPN or any other circumventing technology in order to defraud or deceive on your real location is restricted and leads to material breach of this Store Policy and the Terms and Conditions.

 

1.3. Some of the In-Game Items may be limited to the quantity you may purchase or have on your Gaijin Account or otherwise in the Game, depending on Game’s functionality, and subject to the provisions of Section 6 of EULA.

 

  1. FREE RETRIEVING AND GIFTS

 

2.1. Gaijin may distribute promotional In-Game Items (including by means of activation codes or key) through various marketing and promotional activities or by other means where you do not pay any amounts directly for the In-Game Item obtained. The use of such In-Game Items shall be separately governed by the rules of relevant campaigns or other activities. The Users are not allowed to distribute any medium (activation codes, keys or others) allowing to retrieve the In-Game Item for free, which such a User has obtained within the scope of the relevant activity.

 

2.2. The Users may also purchase the In-Game Items as a gift for another User. For more detailed information, please visit https://support.gaijin.net/hc/en-us/articles/115000162045-Sending-and-receiving-gifts.

 

  1. REDEEMING PROCESS

 

You may redeem the In-Game Items only by the method as prescribed by Gaijin. The redeeming In-Game Items by other means are strictly prohibited and constitutes a material breach of this policy and Gaijin Terms and Conditions.

 

  1. USE OF IN-GAME ITEMS 

 

The use of In-Game Items is governed by EULA. Please also pay special attention to Section 6 of EULA.

 

  1. VIRTUAL CURRENCY

 

Virtual currency and other In-Game Items (whether exchangeable within the Game or not) may only be redeemed for other In-Game Items (or in some particular cases -for in-game services). Virtual currency, despite its name, is not redeemable for any sum of money, goods, services or other value (whether from Gaijin or other parties), except as expressly and unambiguously permitted by Gaijin or required by applicable law.

  1. EXPIRATION OF IN-GAME ITEMS

The In-Game Items do not expire unless otherwise provided for by Gaijin, whether at the Store Website or in the Game. Each of the In-Game Items (including virtual currency) may be consumed, spent or lost by a player in the course of gameplay according to the Game Rules and other provisions of Gaijin Terms and Conditions.

 

  1. NO VALUE AND BALANCE CHANGES

 

7.1. The User hereby irrevocably and unconditionally confirms and acknowledges that the In-Game Items may have no cash or any other material value, and neither Gaijin nor any other person or entity has any right or obligation to buy, sell, rent, exchange, give, distribute or dispose in a different way the In-Game Items for any value (real currency) or for free, unless otherwise is specifically and expressly approved or consented by Gaijin, or provided by the Terms and Conditions.

 

7.2. The User acknowledges and agrees that in the event when the user receives a license for an In-Game Items, the user acquires the right of access to the certain digital content and the right to use for certain digital content which are limited by in-game mechanics and/or balance settings and other features of behavior of specific In-Game Items inside the Game (which can be modified from time to time). The User acknowledges and agrees that changes in characteristics, design or functionality of In-Game Items should not be interpreted as changing of such characteristics as performance, condition and quality of the In-Game Items provided under this Agreement.

 

7.3. Nothing in this Store Policy excludes, limits, or modifies any consumer warranties given to you by the applicable law as a mandatory rule: otherwise such provisions  shall be considered void and non-applicable, save for the other provisions of this Store Policy or the Terms and Conditions.

 

  1. TRANSFER AND JOINT OWNERSHIP

 

8.1. The In-Game Items are non-refundable (unless otherwise provided herein or otherwise in the Terms and Conditions) and may not be sold, transferred, assigned, redeemed or exchanged for cash. In addition, you are not allowed to jointly possess In-Game Items with another person (entity or any third party), as well as to establish a security interest therein.

 

8.2. Any transactions on the purchase and sale of In-Game Items or other in-game values (currency etc.) between the players (“In-Game Transactions”) are strictly prohibited if: 

8.2.1 made for “real-world” money or other values; 

8.2.2 made outside the market available in the Game (“In-Game Market”); and/or

8.2.3 they meet the criteria of an Address In-Game Transactions as defined in clause 8.3 below. 

 

8.3. The “Address In-Game Transaction means any In-Game Transaction implying the buyer that knows the identity of the seller, and the seller that knows the identity of the buyer (and/or the parties communicating on the transaction outside the Game). Gaijin reserves the right to consider any In-Game Transaction as an Address In-Game Transaction at its own discretion, including by means of automatic decision-making, provided such a transaction corresponds to the definition of an Address In-Game Transaction above.

 

  1. PAYMENT

 

9.1. All sales are final and made via third party payment platforms which are partnered with Gaijin (“Platforms”). Gaijin neither processes your transaction nor collects your banking details or other information regarding the funds transfer. The Platforms are solely responsible for executing transactions and you must comply with their terms and conditions and other rules guidance imposed by the Platforms. Gaijin is not responsible for your use of the payment method provided by the Platforms to purchase the In-Game Items. Any objections or claims regarding the transaction shall be filed and submitted directly to the Platforms.

 

9.2. The purchase of an In-Game Item becomes final immediately after you click the relevant confirmation button while finalizing the purchase. Please pay your attention that your transaction may be delayed due to technical issues, including on Platform’s side.

 

9.3. For more detailed information on Charges and Billing, please see Section 7 of our Terms of Service.

 

9.4. The personal data regarding your transaction is being processed according to our Privacy Policy.

  1. TAXES AND CHARGES

10.1. You shall be solely responsible for all applicable taxes, fees, duties or other governmental charges and amounts payable in connection with your purchase, use or other approved disposal of the In-Game Items. Violating the statutory or governmental requirements to pay taxes may lead to sanctions, including penalties and/or, in severe cases, to a criminal conviction.

10.2. In some cases, Gaijin may collect applicable taxes or other charges from you and pay them to the tax or other governmental authority if required by virtue of the applicable law, as well as the fees charged by the Platforms for their services. For instance, the relevant amounts may be charged by Gaijin while you make the transaction in the Gaijin Store; the amount charged in such a case is included in the price or expressly depicted to you on the Store Website or in the relevant invoice.

  1. TERMINATION OF EULA OR GAIJIN ACCOUNT

The termination of Gaijin Account, EULA or Terms of Service will lead to loss of your In-Game Items purchased or otherwise obtained, including unused ones. For more detailed information on termination, please see Section 12 of EULA and Section 3 of the Terms of Service.

  1. ERRONEOUS INFORMATION AND TRANSACTIONS

In the event of an technical or other error, whether in pricing, description, order confirmation, order processing, delivery, functioning or other error in terms of any In-Game Item, Gaijin reserves the right to correct such error, and, if necessary or needed, revise your order accordingly (including correcting the description or price), or to cancel the order.

 

  1. REFUND POLICY 

 

13.1. As a general rule, all In-Game Items are non-refundable, except otherwise provided by Terms of Service (Section 7), EULA (Section 6) or this Store Policy (Section 14 and clause 13.2 right below).

 

13.2. In case of definitely and unconditionally faulty or non-functioning In-Game Items, or in other cases when you are entitled to refund according to the rules of applicable law, we will carry out such reimbursement using the same means of payment as you used for the initial transaction, provided we do not make a decision to patch the  In-Game Item as provided in Section 14 of this Store Policy. To initiate the refund, please contact Gaijin Support Service at https://support.gaijin.net.

 

  1. EU RIGHT OF WITHDRAWAL

 

14.1. The European Union customers have a right of withdrawal from certain transactions under the provisions of EU harmonized legislation. In the case of Gaijin Store, you lose your right to withdraw after you have started the use (or download, if applicable) of the In-Game Item.

 

IMPORTANT: BY ACCEPTING GAIJIN TERMS AND CONDITIONS, INCLUDING THIS STORE POLICY, YOU HEREBY EXPRESSLY CONSENT, CONFIRM AND ACKNOWLEDGE THAT YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE IN-GAME ITEM YOU HAD PURCHASED IMMEDIATELY AFTER YOU HAVE STARTED THE USE (OR DOWNLOAD, IF APPLICABLE) THEREOF.

 

14.2. To exercise your right to withdraw, you must inform Gaijin about your decision by making an express unambiguous statement by contacting our Support Service at https://support.gaijin.net. If you do so, we will communicate to you regarding  such a withdrawal within a reasonable period of time needed for proper evaluation of withdrawal circumstances and grounds for withdrawal, without undue delay.

 

Exceptions from the right to withdraw:

 

14.3. According to EU harmonized legislation, you are not entitled for refund in the following situations (the list is not exhaustive and directly applies to Gaijin Store):

14.3.1 In-Game Items purchased (or otherwise obtained, if applicable) are inseparably mixed with other In-Game Items and/or the Game;

14.3.2 In-Game Items are made to the User’s requests or clearly personalized;

14.3.3 you have started the use (or download, if applicable) of the In-Game Item.

 

  1. MISCELLANEOUS

 

In all other aspects regarding the purchase, use and disposal of In-Game Items and functioning of Gaijin Store, which are not specified by this Store Policy, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, update and modification, severability, assignment and termination, the relevant provisions of Terms of Service and EULA shall apply.

 

  1. CONTACT INFORMATION

 

For contacting Gaijin, please use our Support Service website currently available at: https://support.gaijin.net.