TERMS OF SALE
Last updated January 12, 2022
AGREEMENT TO TERMS
YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
You should carefully read and understand these Terms of Sale (‘Terms of Sale’) which regulate the purchase of digital content by you, whether personally or on behalf of an entity (“you”), and Mir Arcadia Ltd (“Mir Arcadia,” “we,” “us,” or “our”), including any purchases made through thelegendofmir.com or the services provided by thelegendofmir.com, such as it’s game servers and “Game Shops” (altogether ‘Digital Content’, and/or services ‘Services’).
By placing an order, you represent that you are an authorised user of the payment method used and are at least 18 years of age.
By placing an order for other Digital Content or Services, you submit a binding offer to purchase the relevant Digital Content or Service from us.
Your order is accepted, and a contract concluded once we have sent a confirmation email to the email address on file or delivered the Services to your account.
You hereby expressly consent that the Supply of Digital Content and/or the performance of our Services begin immediately after we have enabled access to the Digital Content and/or Services, when such Digital Content and/or Services are made available (‘Performance of the Contract’).
PRICES AND PAYMENT
Depending on your country of residence and the specific item(s) you are purchasing, you may be able to choose from several different currencies to purchase goods from us. Prices include any applicable value-added tax. Digital Content and Services are sold to you on a pre-payment basis. Payment is due immediately with the order. Different payment methods indicated during the ordering process, such as credit card, direct debit, may be available to you. For the use of any third-party payment and billing provider, such as PayPal, that provider’s additional terms and costs may apply. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for the goods and services offered through the Platform at any time with a reasonable prior notice.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen (14) calendar days of purchase without giving any reason. The withdrawal period will expire fourteen (14) days after the day of the Performance of the Contract. To exercise the right of withdrawal you must inform us of your decision to withdraw by a clear statement. Such statement must include your name, address, platform, account ID, order number, date of order and date of withdrawal. To ensure compliance with the withdrawal deadline, you must send your withdrawal statement before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you successfully withdraw from the contract, we shall reimburse to you all payments received from you within a reasonable period, and no later than fourteen (14) days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Notwithstanding the foregoing, you hereby expressly acknowledge that you lose your right of withdrawal in respect of the purchase of Digital Content or Services once the performance has begun and for game software, which require a prior download before accessing the content, once you are accessing the content.
You hereby expressly acknowledge that you lose your right of withdrawal in respect of any Services if the performance has begun with your express consent (see YOUR ORDER) and once the contract has been fully performed by us.
MODIFICATIONS TO THE TERMS OF SALE
We may, from time to time, change, modify or update these Terms of Sale and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review and accept the Terms of Sale before any purchase.
INDEMNIFICATION AND LIMITATION OF LIABILITY
1.1. Nothing in these Terms shall limit our liability for (a) for death or personal injury resulting from our negligence or that of our employees or agents; (b) our wilful misconduct, (c) fraud or make fraudulent misrepresentation; (d) for gross negligence or (e) any other liability that cannot be excluded or limited under applicable law.
1.2. Subject to 1.1, we shall not be liable for any indirect, consequential, unforeseeable, or punitive damages or for any loss of business, loss of profit, loss of income or revenue, loss of anticipated savings or loss of data howsoever arising. We shall not be liable for damages arising from any purchases made pursuant to these Terms of Sale, resulting from a fault or negligence from yourself or because of an event that is outside our reasonable control (see ‘Force Majeure’ section below).
1.3. We are only liable for slight negligence where we are in breach of a material contractual obligation hereunder, such as if we fail to deliver any paid product or services, and our liability will be limited to typical and foreseeable damages excluding in any case indirect, punitive and/or consequential damages.
1.4. For all other liabilities, our total aggregate liability per claim or series of connected claims shall be limited to the typical and foreseeable damages arising from the breach giving rise to the claim and shall be capped at an amount equal to the fees paid by you to us in the 30 days immediately prior to your claim.
2 You shall indemnify us from and against any and all liabilities, claims and costs incurred by, or made against, us as a direct or indirect result of us performing services related to our products or providing products to you. We shall have no liability to you for products subject to third party patent, copyright, database right, registered design, trademark or other protections.
We are not liable to you, nor in breach of contract, for any loss or damage as a direct or indirect result of our delayed performance or impossibility to perform by circumstances beyond our reasonable control. In such event, we may elect to cancel your order and refund any payments made.
In case of a defect the regulations of statutory law apply.
Customer service contact details can be found on payment confirmation email messages and the footer of our website. In the event of any requests which you may have in connection with your purchase of Digital Content and/or Services, please first contact our customer service.
If you placed an order with us, the Terms of Sale shall be governed by and construed in accordance with the laws of the United Kingdom.
PLACE OF JURISDICTION
To the fullest extent permissible under applicable law, you expressly agree that the exclusive jurisdiction for all and any claim or action arising out of, or relating to these Terms of Sale shall be the courts of the United Kingdom.