Effective date; 15th August, 2018
Please read this document carefully. By using our website, and placing an order for products from our website, you agree to be bound by these terms. We may update these terms from time to time, and you must continually agree to these terms as you continue to use our website.
In these terms, “we” means Focus Multimedia Ltd (and “us” and “our” will be construed accordingly); and “you” means a visitor to our website or a customer of our services and products (and “your” will be construed accordingly).
3. ACCESSING OUR WEBSITE
Access to our website is made available free of charge but we may charge you for any services or products that you purchase.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website.
4. YOUR ACCOUNT
You may use our website only if you have reached the age of 18, or if you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you ("Guardian"). In the second case, your Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions.
If a third party uses your account on your behalf, both you and the third party agree to these terms by using our website. Instructions and changes to your account are final.
5. ONLINE CONDUCT
You are responsible for the use of your Account and the submissions/contributions to our website that come from your Account. Your conduct and interaction with other Account holders should be guided by common sense, morals and etiquette,
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
You must not:
- Contribute content or information, including files and media that infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person
- Contribute content or information that is harmful, illegal or disrespectful
- Contribute content or information, including files and images that display, link to or encourage use of pornography, gambling or otherwise illegal or unacceptable practices
- Use our pages and/or services in a way that can be deemed damaging to our website, yourself or any third party
- Take data from our website for your or third party databases or data harvests without our consent
- Contribute content or information that abuses, harasses, stalks, threatens, defames or otherwise violates the legal rights of others in any form
- Impersonate others
- Violate any applicable laws or regulations
Please contact us if you feel you need to complain or report abuse.Please change your password immediately if you feel your account has been made available to a third party.
These content standards apply to any and all material which you contribute to our website (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
6. ORDER PROCESS
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- you must add the product(s) you wish to purchase to your shopping cart, and then proceed to the checkout;
- if you are a new customer, you will need to create an account with us and log in; if you are an existing customer, you must enter your login details;
- once you are logged in, you must confirm your order and your consent to these terms of sale;
- you will be transferred to the payment website of your choice (including but not limited to Adyen and Paypal) and the provider will handle your payment;
- we will then show you an initial acknowledgement; and
- once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any errors by reviewing your order before you click ‘Pay’. You may correct those errors before placing your order by returning to your cart or re-entering your details at Checkout.
7. PURCHASING OUR PRODUCTS
Our product range consists of computer games and software, which can only be downloaded digitally. Fanatical does not sell any physical products on CD-ROM or DVD-ROM discs.
Please check that your computer meets the minimum System Requirements displayed on the relevant product page, before ordering that product.
Certain games on our website can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products to you if you do not satisfy these age requirements.If you are under the prescribed age for the product, please do not attempt to order these products through our website.
Where applicable, upon purchasing a product you will be supplied with one serial key per product, allowing you to unlock and play that product on your computer. In some cases, we may supply you with one serial key to unlock and play several products.
Upon completion of your order, a secure website link to redeem your serial key(s) at fanatical.com will be emailed to you. By following that link and logging in to your Fanatical customer account, you will be able to access your product serial key(s) on your account’s “Order History & Keys” page.
PLEASE NOTE THAT TO INSTALL THE PRODUCT, SERIAL KEYS WILL REQUIRE ACCESS TO THE RELEVANT THIRD PARTY PLATFORM SUCH AS STEAM, UPLAY, ROCKSTAR, ELDER SCROLLS ONLINE, ARC, etc.
All products which are purchased via our website and redeemed via third party platforms are subject to licence terms covered by their individual terms of service. By downloading and using a product, you agree to their licence terms.
Exploiting the products for any commercial purpose is strictly prohibited. By purchasing our products, you agree that they are FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE ONLY. Our e-commerce platform allows gifting by enabling you to purchase up to 2 serial keys for any one product. We never raise this limit, so please do not contact us to request that the limit is increased.
8. PRICES AND PAYMENT
Prices for products are quoted on our website. While we do our best to ensure accuracy, it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
Fanatical is owned and operated by Focus Multimedia Limited in the United Kingdom, therefore all prices on the website include European value added taxes where applicable. Our website will monitor your device’s IP address in order to detect your geographical location and enable us to display the correct product pricing for your region.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by any method detailed on the website from time to time.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 30 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
9. YOUR WARRANTIES
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you satisfy the legal age requirement for any product you purchase;
- when providing payment information (including PIN, Key or account information) that you have the authority to authorize our chosen third party payment processors to process your payment
10. DIGITAL DELIVERY POLICY
All Fanatical products can only be downloaded digitally. We will arrange for a web link to be delivered to the email address indicated in your order. Clicking on this link will allow you to retrieve your digital product from the Fanatical website. Immediately after a successful purchase, your serial keys can also be viewed on fanatical.com by logging in and selecting “Account” and accessing “Order History & Keys”.
Please ensure that you access and redeem all your purchased serial keys as soon as possible after purchase. To avoid unnecessary strain on our e-commerce systems, we reserve the right to clear all purchased serial keys from our e-commerce platform after 180 days of their purchase, regardless of whether the affected serial keys have been revealed or redeemed by you. If you have already redeemed keys which were deleted from your customer account, your ongoing usage of the associated products via third party platforms will be unaffected by this.
11. RISK AND OWNERSHIP
Ownership of the products will only pass to you upon the later of:
- digital delivery of the product serial keys; and
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
12. REFUND POLICY
Certain restrictions apply to digital products sold through our website. Refunds will not be issued due to your dissatisfaction with the product or if your computer does not meet the minimum Product requirements. If you feel you qualify for a refund please contact Fanatical Customer Service:firstname.lastname@example.org
NO REFUNDS WILL BE OFFERED FOR TITLES WHERE THE SERIAL KEY HAS BEEN DISCLOSED TO YOU ON OUR WEBSITE OR SENT BY E-MAIL. ALL SUCH SALES ARE FINAL UNLESS IT CAN BE VERIFIED AND PROVED THAT THE SERIAL KEY IS FAULTY.
Refunds or credits will be issued solely at the discretion of Fanatical. Refunds may be offered if all the following conditions are met:
- The game has not been activated or downloaded.
- The time of your request for refund/credit is no more than 14 days from time of purchase.
- Steam, Elder Scrolls Online or other platforms required to access the product have not withdrawn the product from their online catalogue within 14 days of your purchase.
- We find your request reasonable due to special circumstances.
If you reside in the European Union and you purchase a Product, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply, and you may have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). You will lose your right of withdrawal if you start downloading your product, or if the performance of our services has begun (such as if the Product activation key has been disclosed to you), before the end of the Cooling Off Period. To withdraw from your purchase within the Cooling Off Period, please contact Customer Service:email@example.com.
If you reside in the United Kingdom and you purchase a product then the Consumer Rights Act 2015 may apply, and you may have the right to a refund or replacement if a game is found to be faulty within 30 days of purchase. If you believe this to be the case, please contact Fanatical Customer Service:firstname.lastname@example.org
13. STATUTORY RIGHTS
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any verifiable defective product we sell to you.
14. GENERAL TERMS
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to this section 14: these terms contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
15. THIRD PARTY WEBSITES
From time to time our website may include hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
All content, graphics, text, and other intellectual property and elements incorporated into our website are our property and the property of our partners. This property is protected by international copyright, trademark and other laws.
Our website and its content may not be copied, reproduced, changed, disassembled, decompiled, distributed in any or used in any way (other than as expressly provided by these terms) without our written consent.
- Focus Multimedia Limited, Fanatical and our logo are trademarks which belong to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out at section 5 above (Online Conduct).
You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by contributing your content to our website you are deemed to have granted us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next section (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out at section 5 above (Online Conduct).
The views expressed by other users on our website do not represent our views or values.
You are solely responsible for securing and backing up your content.
19. RIGHTS YOU LICENCE
If you submit any “Content” of any type, including forum posts, commentary, ideas or suggestions whether or not solicited you are deemed to grant us a licence to use, modify and delete such content for whatever purposes we see as fit, without your express permission, and no royalties will be paid. In addition you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and/or display the content in connection with the service we provide and to promote our website.
You must ensure that you are the owner or creator of such content or have received permission from the owner or creator to submit it to us.
Access and use of our website is at your own risk. To the extent permitted by law the website is provided on an "as is" and "as available" basis. No representations, warranties or conditions of any kind are provided with our website, even if they may be implied in other areas of our website.
We do not guarantee error-free, virus-free or secure operation and access to our website. We encourage all purchases to be downloaded and backed up immediately by you. We do not give any guarantee that your purchases will be available for download permanently.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PROVIDERS WILL EVER BE LIABLE TO YOU IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITE, SERVICES, AND /OR YOUR ACCOUNT, AND/OR ACCESS TO STEAM, ELDER SCROLLS ONLINE OR OTHER PLATFORMS REQUIRED TO ACCESS THE PRODUCT INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
21. LIABILITY EXCLUSIONS
We and our providers will never be liable to you or any other person for indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website, our services or these conditions of use, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by us or any person for whom we are responsible, and even if we have been advised of the possibility of such loss or damage being incurred.
22. WARRANTY EXCLUSIONS AND LIMITATIONS
To the extent permitted by law we exclude all implied warranties in relation to the supply of any goods or services through the website.
To the extent permitted by law, we limit our liability for the breach of any warranty to, at our option, a refund, the resupply of the relevant good or service, or the payment of the cost of the resupply of the good or service.
Subject to our obligations in relation to a breach of such a warranty, to the extent permitted by law our total aggregate liability for all loss or damage arising out of this agreement or the relationship contemplated by it is limited to the total amount of all fees received from you to us in the first twelve months following the commencement of this agreement.
23. TERM & TERMINATION
Both you, and us, have the right to terminate or cancel your user account at any time. You may request your account be terminated by contacting us. We may remove your account if it receives a request in relation to it, and that request complies with all verification processes that we have in place. In the event that your account is terminated or cancelled by us for a violation of these terms or improper or illegal activity, no refund, including any fees, will be granted.
24. Customers in Russia
Sales in this territory is made by Fanatical’s representative:
Essentia Global Services Ltd, 2nd Floor, Juxon House, 100 St Paul’s Churchyard, London EC4M 8BU, UK
All your rights and obligations under this agreement remain unchanged.
All customer service queries and complaints are however handled by Fanatical and should be addressed to Fanatical.
Fanatical will honour all guarantees, indemnities, refunds to which you may be entitled as laid out separately in these terms and conditions. Essentia Global Services assumes no liability for the products sold and all queries arising should be addressed to Fanatical.
Fanatical warrants that products sold are in compliance with all relevant local laws and standards.
25. ABOUT US
The full name of our company is Focus Multimedia Limited. We are registered in England & Wales under registration number 2408658.
Our VAT number is GB 661 4081 52.
Our registered address is:
The Studios, Lea Hall Enterprise Park, Wheelhouse Road, Rugeley, Brereton, Staffordshire, WS15 1LH, United Kingdom.
We are registered with UKIE (The Association for UK Interactive Entertainment). You can find the online version of the register at http://ukie.org.uk/
If you require help, you can contact us via our Customer Support site, http://support.fanatical.com