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 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 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 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 via mobile services, the Habbo® Credits are not redeemable for content or services offered by the carrier.
You have no property interest in Habbo® Credits 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 them 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 the 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 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.
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 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 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).