TERMS AND CONDITIONS OF SALE
Last updated July 07, 2020
These terms and conditions (the “Terms”) apply to any purchase you make from us through our websites available at https://eu.bungiestore.com, and associated e-commerce stores and mobile applications on which these Terms appear (the “Website”).
To protect your own interests, you must read and understand these Terms before purchasing Goods from the Website. By placing an order with us, you signify your agreement to be bound by these Terms. If you are uncertain as to your rights under these Terms or you require further information about any aspect of them or your contract with us, please contact us or, alternatively, please seek independent legal advice.
In these Terms, the following words have the following meanings:
* “Digital Content” means all audio-visual, literary, artistic, graphic, musical and multimedia works available for download as Goods on the Website.
* “EU” refers to any member-state of the European Union
* “Goods” means any or all of the Goods (including without limitation Digital Content) available for purchase on the Website.
* “We, us or our” means Brand Access, LLC, the merchant of record and entity providing ecommerce services to Bungie, Inc; established in the State of California, United States, registered under Federal Tax ID number 81-2601260 and whose office is at 900 High Street, Palo Alto, CA 94301, USA. Netherlands VAT #NL824361222B01; EORI #NL824361222.
* “Website” has the meaning given at the start of these Terms.
* “You” means the person buying Goods from the website as a consumer, i.e. outside your usual commercial activities.
2. Conditions of Sale
These Terms explain how you may buy Goods from the Website. You should read these Terms carefully since, by buying Goods from us, you agree to be bound by these Terms, our Terms and Conditions for usage of the EU Bungie Store and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy Goods from us unless we agree otherwise.
Your order constitutes an offer to us to buy the Goods specified in your order. When you place an order to purchase Goods from us, we will send you an email to acknowledge that we have received your order and confirm the details of your order. This acknowledgment email does not confirm acceptance of your offer to buy the Goods ordered. We only accept your offer and conclude the contract of sale when we actually dispatch the Goods and send you an email to confirm that the Goods have been dispatched.
Please be aware that the Website and these Terms are aimed solely at consumers and any business users should contact us separately to request the appropriate business terms and conditions.
3. Making an Order
In order to purchase Goods, you must be at least 18 years old and have the legal capacity to enter into such a transaction. If you are younger than 18 then you will need to demonstrate to us that you have permission from your parent or legal guardian to purchase the Goods.
When placing an order on the Website, you will be required to enter certain information to allow us to process your order. Please take care to ensure that all of the information you provide to us is true, accurate and up to date before submitting your order. If for whatever reason you need to correct any errors, you can do so by contacting our Customer Service Department via our Website or emailing us at email@example.com.
The Website allows you to check the status of your order or, alternatively, you can contact us directly to request further information about your order as required. Please note that delivery monitoring may, where appropriate, be carried out by using online carrier tracking tools.
4.1 Characteristics of the Goods
We will present in a clear and comprehensible manner the main characteristics of the Goods available on the Website and provide you with the relevant statutory information that you are entitled to receive.
You agree that you will carefully read such statutory information before placing an order on the Website.
Unless expressly stated otherwise on the Website, all the Goods we sell are new and comply with known legislation and the standards applicable in the EU, USA, and other countries that have established legal standards for products. .
Any Goods sold at discount prices, as remnants or as substandard, will be identified and stated to be sold as such on the Website. Such Goods may not necessarily be in perfect condition so please check that they are of satisfactory quality for their intended particular use.
4.2. Ordering Procedure
You are able to make an order directly through the Website by following the steps below. Please note these steps may differ slightly depending on your start page.
4.2.1 Selection of Goods and Purchase Options
You can select your chosen Goods by clicking on their relevant image or ‘view’. You will then be able to specify the quantity and any relevant details such as size or color and click ‘Add to Cart’. Once selected, these Goods will be placed in your shopping basket and you can continue to shop and add further Goods.
In some circumstances, it may be the case that there is a limited supply of certain Goods or that you are restricted to a maximum number of such Goods you may order. If so, you will be notified upon selection of such Goods.
Once the Goods are selected and placed in your cart, you must click on ‘Checkout’ and confirm that your order details are correct. If you have not yet done so, you may then be prompted to login or register if the Website requires you to do so.
Once you have confirmed the contents of your basket and you have logged in or registered (if required), the Website will calculate and indicate the price, applicable taxes and delivery costs.
We will always deliver the Goods using the most cost effective method and taking into account delivery times. We will notify you of the price for delivery before placing an order.
At this stage, please review all aspects of the order carefully before confirming your order.
You can then proceed to pay for your Goods by following the instructions on the Website and providing the necessary billing and delivery information.
Having placed your order, a page will appear on the Website to acknowledge receipt and an email acknowledgment will be automatically sent to you.
As referred to above, please be aware that this automatic acknowledgment does not indicate that we have accepted your order, merely that we have received it.
During the order process, you will be required to specify your mode of payment and provide the necessary billing information.
4.3 Order date
The date of the order is the date on which we send you an email confirming that we have received the order and any deadlines or time limits indicated on the Website run from this date.
The price of the Goods is available on the Website. The price:
● Includes TAX in those US states in which Brand Access, LLC must charge sales tax, which will be shown as a separate charge
● VAT in the EU is included in the price of the goods;
● does not include the cost of delivering the Goods which is listed separately; and
● Will be charged via your payment method in US Dollars or Euros, unless stated otherwise
The delivery costs may vary depending on the weight of the parcel, whether the parcel is gift-wrapped, the delivery address and the most cost effective mode of delivery (taking into account delivery times).
In the EU, any change in the applicable rate of VAT may impact the price of the Goods from the date of implementation of any new rate.
The prices listed are susceptible to any change in price made by any of our suppliers. As a result, the prices listed on the Website may change. They can also be modified in the case of offers or special sales.
The prices listed on the Website are valid although there is a possibility that a small number of Goods may be mispriced. We will verify pricing when processing your order and, if we have made a mistake, we will contact you accordingly. Save in such situations, in the event a price changes then the applicable price will be the price shown on the Website at the date of order.
4.5. Availability of Goods
If Goods are unavailable, this will normally be indicated on the Website and you can request a notification when the specific Goods are back in stock.
However, if the unavailability of certain Goods is not known or indicated at the time of order then we will inform you as soon as possible.
We may, with your consent:
- ship all Goods together once the out of stock Goods become available again;
- make an initial, partial shipment of the Goods available, and then ship the rest of the order as and when the other Goods become available. If so, we will clearly inform you as to any additional delivery costs which may be incurred; or
- offer you alternative Goods of equal or better standard and value.
If as a result of Goods being unavailable you decide to cancel your order, you will receive a full refund of all sums paid for the out of stock Goods no later than thirty (30) days following payment.
4.6. Download Requirements
You may have the opportunity to purchase Digital Content from the store, or receive Digital Content as additional value associated with the purchase of physical goods. The Digital Content is downloaded in an industry-standard format, such as the MP3 format at a bit rate of 320kbps for music files, unless otherwise indicated.
You must have a high-speed Internet connection or access to a mobile internet network (minimum 3G) to be able to download the Digital Content.
The download is accessible at any time save in the event the download service is temporarily suspended for maintenance or when carrying out any updates that may be necessary. If the service is unavailable then you will be notified.
Subject to the above, the download service may also be temporarily disrupted due to interruptions outside of our control including but not limited to:
- maintenance operations;
- viral attacks;
- misuse or illegal use of the Website;
- force majeure events; or
- third party acts (e.g. external maintenance by an internet service provider).
The file downloaded will be readable by all programs which are capable of reading standard Digital Content formats. We are not responsible for the storage of the Digital Content by you or for any viruses or damage to the Digital Content which may affect its use or playback once downloaded.
5. Cancellation Rights
Further information about your right to cancel can be found in our "Cancellation Policy" which is attached at Appendix 1 of these Terms and is viewable via hyperlink at the bottom of every page on the Website.
6.1 Payment Methods
You may pay for the Goods by one or several of the following payment methods, depending on the available payment methods in your geographic location: PayPal, Amazon Payments, ApplePay, American Express, Visa, Discover, Diners, JCB or Mastercard. You warrant to us that you have the permission required to pay for the Goods via your chosen payment method.
All payment information provided on the Website is transmitted directly to the Website’s transaction processing entity for that payment vehicle and is not processed on the Website.
We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Goods is secure by using an encrypted secure payment mechanism but, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.
Nothing in this clause affects your legal rights to cancel the contract pursuant to your cancellation rights as set out in clause five.
6.2 Date of Payment
We will charge you the price and applicable costs (including Tax, VAT, and delivery) as close to the moment when we dispatch the Goods or, in the case of Digital Content, as soon as the Goods are downloaded. In some cases we may charge you several weeks prior to shipment.
In the event the Goods are shipped in multiple deliveries, the total amount due will be charged to your account when the first batch of Goods are dispatched. If you subsequently decide to cancel your order as a result of the Goods being unavailable, you will receive a refund pursuant to your rights under clause 4.5.
6.3 Delay or Refusal of Payment
All payments by credit card or debit card need to be authorised by the relevant card issuer. If your bank refuses to permit your purchase, our customer service team will attempt to contact you to arrange for alternative valid payment. In some cases, such as limited availability of Goods, you may lose the opportunity to purchase said Goods as other consumers may purchase all available inventory prior to our ability to contact you regarding a payment issue.
In the event where, for whatever reason, payment by you proves impossible, the order will be cancelled and the contract of sale automatically terminated.
7. Risk and Ownership
Risk of loss or damage to the Goods will pass from us to you on delivery of the Goods. We remain the owner of the delivered Goods until payment in full by you.
While we retain ownership of any of the Goods, you agree to take reasonable care of them and hold the Goods on our behalf.
If you do not pay for the Goods in full or the contract is terminated in accordance with clause 6.3 we may request their return and you agree to comply with whatever reasonable assistance we need in returning the Goods.
Further information about the terms of delivery can be found in our "Delivery Policy" which is attached at Appendix 2 of these Terms and is viewable via hyperlink at the bottom of every page on the Website.
The Goods will be packaged in accordance with industry standards to ensure maximum protection for Goods during delivery.
In the event you wish to return Goods in accordance with our Cancellation Policy, you will be required to meet the same standards of packaging.
The packaging of Goods may vary from that shown on the Website.
We have a legal duty to supply the Goods in conformity with the contract.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you are buying the Goods which, before your order is made, you made known to us (expressly or by implication) whether or not that is a purpose for which goods of that kind are usually supplied (as applicable); and
- conform to their description and their material characteristics as set out on the Website.
11. Limitation of Liability
We will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into.
We are not legally responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
As you are entering into this contract as a consumer, we will not be responsible for any business loss (including any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
Nothing in these Terms limits or excludes our liability for fraudulent representations made by us or for death or personal injury caused by our negligence or omissions.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the Goods sent to you within a reasonable time.
Please be aware that the Website includes links to third parties’ websites and we do not accept any liability nor give any warranty as to their content.
12. Personal data
13. Intellectual property
We are the owner of the Digital Content on the Website or, if not the owner, we are the exclusive or non-exclusive distributor. The Digital Content is subject to legal protection.
When you purchase Digital Content, you accept that you are only acquiring a private license to use the Digital Content and will not use it for any commercial purposes.
You undertake not to modify, delete, manipulate or damage the software to protect the copyright embedded in the downloaded files holding the Digital Content.
It is strictly prohibited to transfer the Digital Content to third parties or to burn copies with the intention of transferring it to third parties.
14. Contact us
For any queries as to these Terms or otherwise, please in the first instance review our frequently asked questions on the Website.
If these do not address your concern, please contact us either by email to firstname.lastname@example.org, or by letter to 900 High Street, Palo Alto, CA 94301, USA
These Terms apply to all purchases made through the Website.
These Terms can be modified and updated by us at any time and the applicable terms are those which are in force at the time of your order. The applicable Terms are those in force at the time of your order.
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms constitute the entire agreement between the parties.
If you breach any part of these Terms and we take no action then this shall not constitute a waiver of our rights and we shall still be entitled to exercise our rights and remedies in any other situation where you breach these Terms.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable then the legality, validity and enforceability of any other provisions of these Terms shall not be affected.
These Terms as well as the contractual relationship between you and us will be governed by the laws of the State of California in the United States of America and the parties agree that the courts of California shall have exclusive jurisdiction over any disputes.
Appendix 1 – Cancellation Policy
1. Cancellation Rights
Unless one of the exceptions listed below applies, you have a statutory right to cancel your order for whatever reason during the 30 day ‘cooling off’ period set out in this policy. If your exercise your statutory rights, you will be entitled to receive a refund from us in exchange for the return of the no longer desired Goods.
2. Cooling Off Period
The cooling off period shall expire thirty (30) days:
- after the day on which you placed your order
- after the day on which a contract for Digital Content concludes, i.e. at that time when a download link is provided following payment, unless you have expressly waived your right to cancel.
Where you have ordered several Goods via a single order but which are to be delivered in multiple deliveries, the cooling off period shall expire thirty (30) days after the day on which you (or your designated agent) take possession of the last of the Goods to be delivered.
3. Cancellation Notice
To cancel an order, you must contact our customer service department, or use our automated return process tool, and give sufficient details about your identity, the Goods and your order, including your order number.
Such notification must be given before the expiry of the cooling off period.
4. Effects of Cancellation
If you cancel your order, we will reimburse all payments received from you for the Goods excluding delivery charges for standard delivery. We shall make this payment no later than thirty (30) days from the day on which we received notification from you.
We will use the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise. In any event, you will not incur any fees as a result of the reimbursement.
We reserve our right to defer the reimbursement until we have received the returned Goods from you or until you have provided evidence of having returned of the Goods, whichever the earliest.
5. Terms of Return
We will provide a return merchandise authorization number which should be affixed to the Goods.
You shall return the Goods within thirty (30) days to:
Brand Access LLC
Mon Plaisir 4
4879 AN Etten Leur
6. Return Costs
You will bear the costs of returning the Goods.
7. State of Return Goods
The Goods must be returned in accordance with our instructions and include all parts and accessories that were included within the original packaging.
Items need to returned in their original unopened packaging.
Shirts, hoodies or any other article of clothing must be unworn, with the original tags.
A damaged or defective item can only be replaced for the same item. Another item cannot be substituted in place of a damaged or defective item.
We reserve the right to deny a refund on any item if the Bungie product tags are missing or has been altered, where available.
All goods will be inspected on return.
Items need to returned in their original unopened packaging.
You are liable for any damage to the Goods resulting from use other than that necessary to establish the nature, characteristics and the proper functioning of the Goods. In other words, you have the right to test the Goods but could be held liable if you use the Goods in a way which exceeds such testing.
In some cases, you may request an exchange for the Goods you have purchased and received, such as when apparel does not fit properly. In all cases of exchanges, the Goods returned must be in perfect condition and unused other than for sizing purposes.
8. Exclusions from Cancellation Rights
Your cancellation rights are excluded in the following circumstances:
1. the supply of services which have been fully performed by us prior to the end of the “Cooling Off Period” and for which you accepted when you placed your order that firstly we would begin to deliver such services and secondly you would not be able to cancel your order once delivery had commenced;
2. the supply of Goods or services for which the price is dependent on fluctuations in the financial market outside of our control and which may occur during the cooling off period;
3. the supply of Goods that are made to your specifications or are clearly personalised or customized for you;
4. the supply of Goods which are liable to deteriorate or expire rapidly;
5. the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
6. contracts for the sale of Goods if the Goods become mixed inseparably (according to their nature) with other items after delivery;
7. the supply of alcoholic beverages, where:
8. their price has been agreed at the time of the conclusion of the sales contract;
9. delivery of them can only take place after 30 days; and
10. their value is dependent on fluctuations in the market which cannot be controlled by us.
11. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
12. the supply of sealed audio or sealed video recordings or sealed computer software, if the Goods become unsealed after delivery; or
13. the supply of Digital Content which is not supplied on a tangible medium for which you accepted when you placed your order that we could start to deliver it and you would not be able to cancel it once delivery had started.
You should be aware that your right to cancel does not apply to certain categories of Goods. Specifically, it will not apply to CDs, DVDs or CD-Roms which have been delivered and unsealed or Digital Content for which a download link has been provided.
Prior to the purchase of Digital Content, you will be informed that your right to cancel will not be available once a download link has been provided and you will be required to expressly waive your right to cancel.
In the case of limited supply, high value collectors items, we reserve the right to inspect the return prior to providing a credit to ensure that the Goods maintains 100% of the value as when shipped to you. If it is determined that value has diminished, we may credit you only at the estimated value of the Goods when returned.
Annex 2 – Delivery Policy
1. Delivery Area
Save in exceptional circumstances, Goods can only be delivered to the countries from which you can legally make the purchase. Goods are shipped to the delivery address(s) given by you during the ordering process.
2. Delivery Time
The Website will state delivery estimates for each of the Goods although please be aware that these are not guaranteed delivery times and should not be relied upon as such. These estimates are exclusive of weekends or holidays.
An email will be automatically sent to you when the Goods are dispatched.
3. Timeframe & Delivery Costs
During the order process, we will notify you of the time estimates for delivery and the mode of delivery for the specific Goods, which together will allow calculation of the delivery costs.
Delivery costs are based on the most cost effective delivery option.
Details of delivery and time estimates are set out on the Customer Service section of the Website.
4. Terms of Delivery
Upon delivery, you may be required to sign for the package and (if requested) provide proof of identity.
If you are not at the delivery address then a delivery note will be left with instructions on how to collect the package from the nearest post office.
When purchasing Digital Content on the Website, you will be provided with a link through which you will be able to download and use the Digital Content in accordance with these Terms.
5. Delivery Delays
We will notify you if we anticipate any delays or other issues connected with the delivery of the Goods.
We will specify either that deliveries will be within 30 days or, if not possible, within a reasonable time. You are entitled to terminate the contract in the event the Goods are not delivered within the applicable delivery period, whereby we will refund you in accordance with these Terms.
In the event that any damage to Goods is occasioned during delivery, you have a period of 3 days within which you should notify the courier and report the damage.