Terms of Sale - US
Sulake Corporation Oy
TERMS OF SALE – United States
THESE “TERMS OF SALE” GOVERN YOUR PURCHASES OF PRODUCTS AND SERVICES FROM SULAKE CORPORATION OY. (“SULAKE“) ON HABBO.COM (“SITE“) (HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES (I.E., PURCHASES VIA SMS) OR OTHERWISE) USING U.S. PAYMENT METHODS.
Every order you place through Sulake, or its vendors, will be deemed your offer to purchase. We may accept your offer either through an e-mail confirmation or through delivery of the items or services you requested. Our acceptance of each offer as specified is expressly subject to and conditioned on your acceptance of these Terms of Sale and our Terms of Service, which are incorporated herein by reference.
CREDITS, VIRTUAL ITEMS AND SUBSCRIPTION FEES
Purchases of Habbo® Credits and of Premium Subscriptions (as defined below) are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Sulake's sole and absolute discretion, or if Sulake discontinues providing the services on the Site.
Habbo® Credits, and Premium Subscriptions have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than in-game play offered by Sulake (e.g., Habbo® Furni (defined below) or Habbo® Games). Although you may buy Habbo® Credits and Premium Subscriptions via mobile services, the Habbo® Credits and Premium Subscriptions are not redeemable for content or services offered by the carrier.
You have no property interest in Habbo® Credits, Premium Subscriptions, your avatar, virtual items (e.g., Habbo® Furni or rares), which remain the exclusive property of Sulake subject only to your limited, non-transferable revocable license to use such for in-game play subject to these Terms of Sale and the Terms of Service. Any attempt to sell or transfer same will result in an automatic termination of such license. Further, as these are merely licensed game play activities, they are deemed consumed upon purchase like putting a quarter in an arcade game and terminate upon any termination of your account.
All prices we show on this Site are subject to change without notice. Prices stated at beginning of delivery apply. Applicable taxes or shipping and handling charges, which do not apply to virtual products such as digital furniture (“Furni“) (if any), are not included in the product prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase. We will collect applicable sales tax (if any) in the jurisdictions we are required by law to do so. Thus we may require you to tell us your place of residency when ordering. Any applicable sales tax will be added to your purchase.
All Habbo® Credits, Premium Subscriptions and all virtual products (including Furni and all other items or services within the Site) are non-refundable, except, in our sole and absolute discretion or as required by applicable law. Virtual products purchased will be available for use as soon as reasonably practicable.
US SMS PURCHASES
The following additional terms apply to US SMS purchases of Habbo® Credits and any other virtual items sold on the Site.
How to opt-in: To opt-in, visit the Credits page, choose a price point, and follow the prompts. Wait until you get a confirmation message back from us. You consent to receiving this confirmation message from us. This may take a few minutes. You will get a message from us containing your special Tip of the Day and Voucher Code. If you are not the bill-payer, be sure to obtain permission from the bill-payer before opting in.
Fees: Each purchase of 20 Habbo Credits is $3.99 and each purchase of 25 Habbo Credits is $4.99. This purchase is not a subscription and you will only be charged once per purchase of credits. The charges will be applied to your wireless phone bill or be deducted from your prepaid balance. Other standard rates billed by your carrier may apply. Message and data rates may apply. Other charges may apply.
Service availability: The service is available to customers of Sprint PCS, AT&T, Verizon Wireless, T-Mobile®, Boost, Dobson, Alltel, US Cellular, and Virgin Mobile. Carrier availability may change at any time.
In addition to the many methods for purchasing Habbo® Credits and Habbo® Furni, you may set up a subscription for automatic monthly delivery of Habbo® Credits and/or Habbo® Furni on an ongoing basis or during given period of time (“Premium Subscription“). You agree that by completing the additional Premium Subscription service registration at the Site, you authorize Sulake to charge applicable recurring Premium Subscription fees to your designated billing payment method.
Purchasers of ongoing Premium Subscriptions are billed on a thirty (30)-day cycle, which begins upon subscription service registration and ends thirty (30) days thereafter (each a “Subscription Month“). The fee for each Subscription Month is charged on the 1st day of the Subscription Month or within a reasonable time thereafter.
If you elect to purchase a fixed term Premium Subscription (the subscription term is to be defined in connection with the service description and/or special terms and conditions applicable to the respective Premium Subscription, which description and/or special terms are incorporated herein by reference) then you agree that Sulake will charge your designated billing payment method during the defined intervals for each applicable installment of the total Premium Subscription fee without further advance notice to you.
You (together with your legal guardian if you are under the age of majority (eighteen (18) years of age in most states) are solely responsible for setting up payments limits and otherwise configuring the account settings of the billing payment method associated with the Premium Subscription. You represent and warrant to Sulake that you are authorized to use the billing payment method (including, without limitation, all accounts, credit cards and such associated therewith) for the purposes of purchasing Premium Subscription as described herein.
You can cancel your ongoing Premium Subscription in the following ways:
2. by notifying Sulake via the Habbo Help Tool.
If you cancel your monthly Premium Subscription, Sulake will not refund any remaining portion of your Premium Subscription Fees. Cancellation will be effected by us within three (3) business days from the receipt of your cancellation request.
If you have purchased a fixed term Premium Subscription, you further agree that notwithstanding the foregoing the Subscription may not be canceled prior the expiration of the term of the Subscription.
CREDIT CARD SECURITY
FAIR CREDIT BILLING ACT
Thanks to the Fair Credit Billing Act in the U.S., your credit card company or your bank cannot hold you responsible for an amount higher than $50 of unauthorized or otherwise fraudulent charges made to your U.S. credit card. Liability on a debit card can be greater, but check with your bank because many of them grant the same $50 limit to debit cards.
We will accept your return of products that are not virtual products (e.g., Habbo Credits and Premium Subscriptions are virtual products) purchased through the Site as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. When we ship you physical products, we’ll include a return authorization form that you need to enclose along with anything you send back to us. All Habbo Credits, Premium Subscriptions and all virtual products (including Furni and all other game play activities items or services within the Site) are non-refundable, and non-returnable except, in our sole and absolute discretion.
We reserve the right to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services, network or transportation interruptions, server crashes, hackers, viruses, technical glitches or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for typos, fax or printing errors.
These Terms of Sale, and all related transactions, will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to the dispute resolution, limitation of liability, disclaimer of warranties and other provisions in our Terms of Service. Without limiting the generality of the prior sentence, YOU IRREVOCABLY WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION SUITS OR CLAIMS REGARDING THE MATTERS RELATED HERETO AND CONSENT TO THE MANDATORY ARBITRATION PROVISIONS IN THE Terms of Service. In the event of any conflict between the Terms of Service and these Terms of sale, these Terms of sale will govern. If any part of these Terms of Sale is unlawful, void or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms of Sale, these Terms of Sale will govern, unless expressly agreed in writing otherwise by an executive officer of Sulake (i.e., regular employees cannot bind Sulake).
Last updated: 03.02.2013