TERMS OF SALE
LAST UPDATED: August 13, 2013
1. Your Contract with Us:
If you download software, purchase physical products or acquire points from one of our Websites, your use of the software, product and points is also governed by the applicable end user license agreement and/or digital services agreement presented to you either prior to your download of the software or acquisition of points, or within the packaged product.
Please note that these Terms of Sale do not apply to you if you purchase a prepaid code for one of our products at a retail outlet or on another website. Your purchase of such prepaid code is governed by the terms and conditions (if any) of the applicable retail outlet or third party website.
In these Terms of Sale, the term "you" means you the customer; and the terms "EA", "we","us" and "our" means either Electronic Arts Inc., or EA Swiss Sàrl, whichever is applicable to you.
2. Placing an Order with Us:
To make a purchase, (i) click the "buy now" (or similar) link; (ii) sign into your Origin Account (“Account”), (formerly called an EA Account), or create an Account if you do not have one; (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept these Terms of Sale, any applicable end user license agreement, and any applicable digital services agreement. You will then be sent a purchase confirmation email from us. To cancel your order at any time prior to completion of the order, click the "cancel" (or similar) button at the bottom of each purchase page on the applicable Website.
You can correct inputting errors on the "Confirm Billing" (or similar) page of the Website. You can also correct certain inputting errors that you have made on the Website (such as an incorrect billing address) by logging on to www.ea.com, and accessing the "My Account" (or similar) link located on our home page.
Your submission of an order only constitutes an offer by you to buy at the price and terms stated in the order. If you would like a copy of the records applicable to your order, including the EA Online Terms of Service and Terms of Sale applicable to your Contract, please contact Customer Support by visiting http://support.ea.com.
The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you. For consumers located in Europe, the Price includes any applicable VAT.
Pricing and Sales Tax, GST and VAT. Your total price will be the price of the product plus any applicable sales or use taxes in effect at the time of purchase, and based on the bill to address. For U.S. and Canadian purchasers applicable sales tax will be added on to the product price displayed. For Australia, EU countries, New Zealand, Norway, Switzerland or South Africa purchasers and unless otherwise indicated at the time of purchase, product prices on the service include applicable VAT or GST, which will be assessed at a variable rate based on your billing location (including purchases for gifts). Failure on EA's part to invoice you for any applicable sales taxes, GST, VAT and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the service. We reserve the right to change the price and specifications shown in relation to any of our products or services. If the price or specification published on the applicable Website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
Gifts purchased from EA may be purchased for, and redeemed by, only residents of the same country as the purchaser. Gifts are completed transactions upon purchase. When you purchase a gift from EA, that transaction is between you and EA. You receive the gift at the time of purchase, and you give your gift automatically to your designated recipient.
You may pay for your products and/or services either by credit card on our Websites or by using the services of any alternate billing and payment provider identified on the applicable Website.
If you pay for your products and/or services by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered. For more information on our billing policies and procedures, please see our FAQs.
If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party's terms and conditions, which are available on such party's website. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.
Costs associated with accessing our Websites and downloading software products depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
6. Performance of the Contract:
Certain products and services will be available to you as soon as you complete your purchase. In some cases, we may also give you the opportunity purchase a license for a software product prior to its scheduled release date. If you purchase a software license prior to the release date of the applicable software, a portion of the software will be immediately downloaded onto your computer. On the release date of the applicable software, your computer will automatically download the remaining portion of the software that is needed for you to install and use the software. Our Websites will inform you which type of software product you are purchasing. Our obligation to deliver the software product to you shall be complete at such time as, and place where, you first receive either the downloaded product or physical product, as applicable.
If you have purchased services from us, your right to access the applicable services will commence immediately after we have sent our purchase confirmation email.
In the event that EA disables products or services made available on the Website, EA will give you 30-days' notice at http://www.ea.com/2/service-updates.
7. Refunds for Products and Services:
Subject to the following paragraph, there are no refunds for products or services purchased on our Websites unless expressly authorized by EA in writing.
If you reside in the European Union and you purchase a product or service on one of our Websites, you 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"). If you reside in countries other than Germany you will lose your right of withdrawal if you start downloading your product, or if you remove or unseal the shrink-wrap packaging from your physical product, or if the performance of our services has begun, before the end of the Cooling Off Period.
If you reside in Germany, the following applies: the Cooling Off Period does not start before you receive your purchase confirmation email, and if you purchase a physical product, not before you received the purchased physical product. If you purchase a service and expressly consent to the service commencing, you will lose your right of withdrawal once both parties' obligations are fulfilled before the end of the Cooling Off Period. If you purchased a physical product, you will lose your right of withdrawal if you remove or unseal the shrink-wrap packaging from your physical product.
Please note that if you purchase services from us, the performance of our services will begin immediately after we have sent our purchase confirmation email.
To withdraw from your purchase within the Cooling Off Period, please visit support.ea.com, log in to the Account used for your purchase and open the "Email Us" tab on the left hand side of the screen. Complete the information in the "Email Us" tab and, if possible, attach a copy of your purchase confirmation email using the "Attach Files" feature. If you withdraw from your purchase within the Cooling Off Period, we will refund the Price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal.
If you reside in Germany, the following applies: If you exercise your right of withdrawal from the contract in accordance with these Terms, EA is entitled to claim compensation for the services used up until the date of withdrawal and for damages of physical products that do not result from a regular testing of the product’s features and functionality.
This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.
8. EA's Liability to You:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EA’S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT EA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY EA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
9. Electronic Contracting:
You acknowledge and agree that by clicking the 'OK' (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using our Websites. We may amend these Terms of Sale at any time by posting them on our Website. You agree to review them each time you make a purchase.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
10. Governing Law:
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern Terms of Sale; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating Terms of Sale shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern the Terms of Sale; and (ii) to the extent applicable pursuant to Section 11 below, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Sale shall be the federal or state courts that govern San Mateo County, California, and you expressly consent (to the extent applicable pursuant to Section 11 below) to the exercise of personal jurisdiction of such courts in connection with any such dispute not precluded by Section 11 below including any claim involving EA or EA affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Terms of Sale or to any dispute or transaction arising out of the Terms of Sale.
11. Resolution By Binding Arbitration:
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 11.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most of your concerns can be resolved quickly and to your satisfaction by logging into the EA customer support interface with your Account at http://support.ea.com/. In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. This agreement is intended to be interpreted broadly. It covers any and all disputes between us (“Disputes”), including without limitation:
The only disputes that are not covered by this Section are the following:
- (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- (b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- (d) claims that may arise after the termination of this Agreement.
By entering into this Agreement, you and EA expressly waive the right to a trial by jury and to participate in a class action. With respect to this Section, References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or software under this or prior agreements between us. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This arbitration provision shall survive termination of this Agreement.
- 1) a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
- 2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- 3) In addition, nothing in this Agreement shall prevent either party from initiating a small claims court action.
A. Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to resolve any Dispute informally before initiating arbitration. Such negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.
B. Binding Arbitration. If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other arbitration proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution/arbitration provision shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before final written submissions are made to the arbitrator, then EA will:
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
- (a) Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- (b) Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
G. Changes to Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if EA makes any future change to this arbitration provision (other than a change to the Notice of Dispute address), you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice of Dispute address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.