| GENERAL REAL WORLD ITEMS AGREEMENT | | |
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| Definitions
"Consumer" means an individual who buys a Real World Item from MindArk for private use.
"Participant" means an entity that has entered into an agreement with MindArk by accepting MindArk's End User License Agreement and its Additional terms, pursuant to which such entity may participate in Entropia Universe and/or utilize any other service available in or through Entropia Universe via a registered Entropia Universe account.
"Real World Item" means a real life object that can be purchased from a Trade Terminal within Entropia Universe. Upon purchase from a Trade Terminal, a virtual item is placed in a Participant's inventory as a token of the purchase. This virtual item can not be dropped or traded after purchase. Any Entropia Universe Participant with this virtual item in their inventory will receive the Real World Item delivered by post to the address provided in the Participants account. Once the real life object is shipped, the virtual item is removed from the Participant's inventory.
"Real World Items Specification" means a Real World Item details that will be presented to you before you make your purchase order and confirm your Real World Item purchase.
1. General terms
The terms of this Real World Items Agreement (Agreement) will apply to all purchases by a Participant of Real World Items from MindArk.
Please note that this Agreement applies only to Real World Items sold and shipped by MindArk. A different agreement (Third Party Item Agreement) applies to your purchase in Entropia Universe from a Third Party.
2. Price and Payment
2.1 The price for each Real World Item is stipulated in the Real World Items Specification.
2.2 All payment shall be made before MindArk supply your Real World Item.
3. Delivery
3.1 The estimated delivery period for the Real World Item is stipulated on the Real World Items Specification.
3.2 Delivery will be made to the home address that you have provided MindArk with during registration of your Entropia Universe account. IT IS YOUR RESPONSIBILITY TO PROVIDE MINDARK WITH YOUR CORRECT AND FULL ADDRESS. You acknowledge that MindArk will not be responsible for any loss of Real World Item due to incorrect information that you have provided.
3.3 If you are a Customer and did not receive your Real World Item within the estimated delivery period, and this delay is not caused by you or any circumstances on your part, MindArk will provide you with a new delivery date. If you refuse the revised delivery date then you may revoke your purchase without charge. Cancellation shall be made promptly and in writing to our support team. Upon cancellation you will obtain a full refund to your Entropia Universe account within thirty (30) days from cancellation.
3.4 An uncollected Real World Item
MindArk reserves the right to charge you for the full delivery costs for an uncollected Real World Item to cover MindArk's costs for delivery, freight and other business costs.
4. "Cooling off" period and Right to withdrawal from order
4.1 Right of withdrawal from a purchase
If you are a Consumer you may withdraw from your Real World Item purchase for any reason within fourteen (14) days (cooling-off period), effective upon receiving the Real World Item. Your notice of withdrawal must be given in writing (i.e. letter, fax, e-mail) to MindArk's address as given below.
You can complete your withdrawal, after you have sent a written notice to MindArk, by returning the Real World Item in its/their original condition within the above stipulated cooling-off period to:
MindArk PE AB
Support Dept.
Järntorget 8
SE- 41304 Gothenburg
Sweden
Fax: +46 (0)31 136 016
E-Mail: entropia_support@mindark.com
4.2 Conditions of withdrawal
In order to make a withdrawal you must send the Real World Item back to MindArk at the above given address.
NOTE that you will bear the costs for returning a Real World Item.
Please observe that the Real World Item must be returned in a substantially unchanged condition, i.e. unused, undamaged and complete. You should pack the Real World Item in its original package and enclose all its fittings and accessories. Even other products that were included for free with your purchase should be returned. In cases where you are not able to return the Real World Item fully, or can only return it in a deteriorated condition, your reclaim will be accompanied by compensation to MindArk.
4.3 CD/DVD (special conditions)
Please observe that Consumer�??s right to withdrawal from a purchase does not apply if the packaging or wrapping of the CD/DVD is broken or has been opened.
4.4 Refund
You should expect to receive your refund directly to your Entropia Universe account within thirty (30) days of MindArk's receipt of the returned Real World Item.
5. Passing of Risk
5.1 Risk for loss as well as risk for damage to the Real World Item passes to the Participant upon delivery of the Real World Item to them or to their representative.
5.2 Notwithstanding section 5.1 above MindArk will not be responsible for loss or damage that is caused by Participants failure to receive the Real World Item in good time.
6. Warranties, repairs and replacement
6.1 The Real World Item is sold to you AS IS. MindArk makes all efforts to give you as precise information as possible. However MindArk does not warrant that the Real World Item descriptions are accurate, complete, current, or error-free, nor does MindArk warrant that the Real World Item will be suitable for any particular purpose except for the one described in the Real World Item Specifications.
6.2 You should notify MindArk within seven (7) days following delivery if the Real World Item is missing, incorrect, visibly damaged or otherwise not as ordered. Non-visible damages in the Real World Item shall be reported immediately upon discovery of such damage. Please note that this does not apply to cases where you are simply dissatisfied with a Real World Item.
PLEASE OBSERVE that in order to repair or replace a defective Real World Item you need to send the item back to MindArk.
6.3 If you return a Real World Item you are considered to be the exporter of the item. Risk for loss for a returned Real World Item will be transferred to MindArk upon receipt at MindArk's address.
6.4 MindArk may repair or replace a defective Real World Item, within a reasonable time and with reasonable effort, and in accordance with the special Service Terms stipulated for each Real World Item. The Service Terms can be found under the Real World Item Specification and/or the Real World Item's Offer Details.
6.5 MindArk's obligation to repair or replace a defective Real World Item according to this Agreement does not apply if you misused or otherwise modified the Real World Item. Neither does it apply to damages caused by normal wear and tear or damages caused by an accident, or other uncommon conditions in the Real World Item's surroundings, for example humidity or other similar conditions.
You acknowledge MindArk's right to determine if a Real World Item is defective at MindArk's sole discretion.
6.6 In addition MindArk will fulfill its statutory obligation toward Consumers concerning defective goods.
7. Force Majeure
7.1 A party will not be responsible for not complying with this Agreement if they prove that such non-compliance was caused by an impediment, which was unforeseeable at time of purchase, and outside his reasonable control ("Force Majeure"), including, without limitation, strikes, terrorist attacks, war, governmental or regulatory actions, natural disasters, unforeseeable supply, transport or production problems affecting MindArk's contractors.
7.2 If the Force Majeure event lasts longer then sixty (60) days then MindArk shall have the right to terminate this Agreement. The Participant shall then be entitled to a refund of the price paid by him/her, but in no circumstances to compensations.
7.3 Notwithstanding the terms herein (section 7.2) Consumer will be entitled to revoke his/her purchase according to the terms set forth in Section 3.3 therein if a Force Majeure event will occur.
8. Liability
8.1 MindArk's liability for any loss or damage to private property caused by the Real World Item or by a negligent or deliberate misconduct by MindArk or MindArk's employees or others acting on the behalf of MindArk will be limited to 120% of the Real World Item�??s Price.
MindArk's limitation of liability does not apply to personal injury or death caused by a negligent or deliberate misconduct by MindArk or MindArk's employees or others acting on the behalf of MindArk.
8.2 Notwithstanding MindArk's liability obligations set forth in this Agreement, MindArk will not be liable for:
a) damages which were not reasonably foreseeable by both parties; or
b) indirect losses or consequential damages including, without limitation, loss of profit, revenue, business opportunity, data or information; or
c) damages that Participant could have reasonably foreseen or prevented, including, without limitation, losses caused by Participant failure to read or follow the user instructions provided by MindArk or virus damages; or
d) loss caused by defective Real World Item that MindArk repaired or replaced within a reasonable time;
8.3 MindArk's statutory obligations towards a Consumer shall not be effected by MindArk's limitation of liability according to this section 8.
9. Export restrictions
9.1 You acknowledge that a Real World Item might include technical data or components that are subject to Swedish, European Union's, USA or other country's export regulations, which restrict the sale, lease and transfer of such Real World Items to any proscribed listed country.
9.2 Participant is considered to be the importer upon purchase of a Real World Item. Participant is therefore responsible for assuring that the Real World Item can be lawfully imported and agree to adhere to all applicable export control regulations of destination country.
10. Privacy
MindArk is obliged to comply with MindArk's Privacy Policy with regards to all personal information obtained during a Real World Item purchase. We would like you however to know that international shipments might be subject to inspection by customs, which might include our communication of your order information and an opening of the package.
11. Assignment of this agreement
11.1 This Agreement is not assignable by you without MindArk's written consent.
11.2 MindArk may transfer, assign or subcontract all or part of its obligations or rights under this Agreement to a third party. Your rights according to this Agreement will not be negatively affected as a result of such transfer or assignment.
12. Law and jurisdiction
12.1 This Agreement is to be governed by, construed and enforced according to the laws of Sweden. You agree that any future dispute that might arise between you and MindArk will be subject to the jurisdiction of a Swedish court.
12.2 You further agree that any rules governing conflicts of laws will not be applicable with regards to this Agreement, nor the United Nations Convention On Contracts For The International Sale Of Goods, 1980 (CISG).
13. Severability
In the event any article or provision of this Agreement should under any applicable legislation or trade practice be held to be illegal, null or void such clause or provision shall not affect the validity of the remaining articles of this Agreement.
14. Additional terms
Please observe that MindArk's End User License Agreement (EULA) also governs your purchase of a Real World Item. If the two agreements stand in conflict this General Real World Item Agreement prevails.
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