General Real World Item Agreement

Definitions

Business Participant – a legal entity or a person who buys a Real World Item from MindArk for the use of the business (i.e. other than private use)

Consumer – an individual who buys a Real World Item from MindArk for private use.

Participant – both a Customer and a Business Participant.

Real World Item – Real life object that can be purchased from within the virtual environment of Entropia Universe (e.g. via the Trade Termial or virtual shops) or from the Entropia Universe website.

• Upon purchase from within Entropia Universe, a virtual item is placed in a Participant’s inventory as a token of the purchase. This virtual item cannot be dropped or traded after purchase. Any Entropia Universe Participant with this virtual item in their inventory will receive the Real World Item delivered by post to the address provided in the Participants account. Once the real life object is shipped, the virtual item is removed from the Participant’s inventory.

• Upon purchase from the Entropia Universe website , a confirmation e-mail is sent to the buyer.

Real World Items Specification – Real World Item details that will be presented to you before you make your order and confirm your Real World Item purchase.

1.          General Terms

The terms of this Real World Items Agreement (Agreement) will apply to all purchases by a Participant of Real World Items from MindArk .

Please note that this Agreement applies only to Real World Items sold and shipped by MindArk . A different agreement (Third Party Item Agreement) applies to your purchase in Entropia Universe from a Third Party.

2.          Price and Payment

The price for each Real World Item shall be stipulated in the Real World Items Specification.

All payment shall be made before MindArk sends you the Real World Item you have purchased.
 

3.          Delivery

The estimated delivery period for the Real World Item is stipulated on the Real World Items Specification.

If you are a Consumer and did not receive your Real World Item within the estimated delivery period, and this delay is not resulting from you or any circumstances on your part, MindArk will provide you with a new delivery date. If you refuse the revised delivery date then you may revoke your purchase without charge. Cancellation shall be made promptly and in writing to Entropia Universe Support. Upon cancellation you will obtain a full refund to your Entropia Universe Account within thirty (30) days from cancellation.

Delivery will be made to the home address that you have provided MindArk with during your Entropia Universe Account registration. It is your responsibility to provide MindArk with your correct and full address Information.

An uncollected Real World Item

MindArk reserves the right to charge you with a sum of 100 PED for an uncollected Real World Item to cover MindArk ’s costs for delivery, freight home and other business costs.

4.          Passing of Risk

While processing a Real World Item purchase a Participant may choose between a regular letter and a registered letter for delivery.

Risk for loss as well as risk for damage to the Real World Item passes to the Consumer upon delivery of the Real World Item to him/her or to his/her representative.

Risk for loss and damages to the Real World Item passes to a Business Participant upon a carrier’s receipt of the Real World Item from MindArk.

Notwithstanding the forgoing paragraph  MindArk will not be responsible for loss or damage that is caused by a Participants failure to receive the Real World Item in good time.

5.          Warranties, Repairs and Replacement

The Real World Item is sold to you as is. MindArk make all efforts to give you as precise information as possible. However MindArk does not warrant that the Real World Item descriptions are accurate, complete, current, or error-free, nor does MindArk warrant that the Real World Item will be suitable for any particular purpose except for the one described in the Real World Item Specifications.

You should notify MindArk within seven (7) days following delivery if the Real World Item is missing, incorrect, visibly damaged or otherwise not as ordered. Non-visible damages in the Real World Item shall be reported immediately upon discovery of such damage. Please note that this does not apply to cases where you are simply dissatisfied with a Real World Item.

Please observe that in order to repair or replace a defective Real World Item you must send the item back to MindArk upon MindArk's request .

If you return a Real World Item you are considered to be the exporter of the item. Risk for loss for a returned Real World Item will be transferred to MindArk upon receipt at MindArk ’s address.

MindArk may repair or replace a defective Real World Item, within a reasonable time and with reasonable effort, and in accordance with the special Service Terms stipulated for each Real World Item. The Service Terms can be found under the Real World Item Specification.

MindArk ’s obligation to repair or replace a defective Real World Item according to this Agreement does not apply if you misused or otherwise modified the Real World Item. Neither it applies to damages caused by normal wear and tear or damages caused by an accident, other uncommon condition in the Real World Item’s surroundings, for example humidity or other similar conditions.

You acknowledge MindArk ’s right to determine if a Real World Item is defective at MindArk ’s sole discretion.

In addition MindArk will fulfill its statutory obligation toward Consumers concerning defective goods.

6.          Force Majeure

A party will not be responsible for not complying with this Agreement if they prove that such non-compliance was caused by an impediment, which was unforeseeable at time of purchase, and outside his reasonable control (“Force Majeure”), including, without limitation, strikes, terrorist attacks, war, governmental or regulatory actions, natural disasters, unforeseeable supply, transport or production problems affecting MindArk ’s contractors.

If the Force Majeure event lasts longer than sixty (60) days then MindArk shall have the right to terminate this Agreement. The Participant shall then be entitled to refund of the price paid by him but in no circumstances to compensations.

Notwithstanding the forgoing terms in Section 6 therein Consumer will be entitled to revoke his/hers purchase according to the terms set forth in Section 3 therein if a Force Majeure event will occur.

7.          Liability

MindArk ’s liability for any loss or damage to private property caused by the Real World Item or by a negligent or deliberate misconduct by MindArk or MindArk ’s employees or others acting on the behalf of MindArk will be limited to 120% of the Real World Item’s Price.

MindArk ’s limitation of liability does not apply to personal injury or death caused by a negligent or deliberate misconduct by MindArk or MindArk ’s employees or others acting on the behalf of MindArk .

Notwithstanding MindArk ’s liability obligations set forth in this Agreement, MindArk will not be liable for:

1.       damages which were not reasonably foreseeable by both parties; or

2.       indirect losses or consequential damages including, without limitation, loss of   profit, revenue, business opportunity, data or information; or

3.       damages that Participant could have reasonably foresee or prevent, including, without limitation, losses caused by Participant failure to read or follow the user instructions provided by MindArk or virus damages; or

4.       loss caused by defective Real World Item that MindArk repaired or replaced within a reasonable time;

MindArk ’s statutory obligations towards a Consumer shall not be effected by MindArk ’s limitation of liability according to this section 7 herein.

8.          Export Restrictions

You acknowledge that a Real World Item might include technical data or components that are subject to Swedish, European Union, USA or other country’s export regulations, which restrict the sale, lease and transfer of such Real World Items to any proscribed listed country.

Participant is considered to be the importer upon purchase of a Real World Item. Participant is therefore responsible for assuring that the Real World Item can be lawfully imported and agree to adhere to all applicable export control regulations of destination country.

9.          Privacy

MindArk is obliged to comply with MindArk ’s Privacy Policy with regards to all personal information obtained during a Real World Item purchase. We would like you however to know that our international shipments might be subject to inspection by customs, which might include our communication of your order information and an opening of the package.

 

10.        Assignment of this Agreement

This Agreement is not assignable by you without MindArk ’s written consent.

MindArk may transfer, assign or subcontract all or part of its obligations or rights under this Agreement to a third party. Your rights according to this Agreement will not be negatively affected as a result of such transfer or assignment.  

11.        Law and Jurisdiction

This Agreement is to be governed by, construed and enforced according to the laws of Sweden . You agree that any future dispute that might arise between you and MindArk will be subject to the jurisdiction of a Swedish court.

You furthered agree that any rules governing conflicts of laws will not be applicable with regards to this Agreement, nor the United Nations Convention On Contracts For The International Sale Of Goods, 1980 ( CISG ).

12.        Severability

In the event any article or provision of this Agreement should under any applicable legislation or trade practice be held to be illegal, null or void such clause or provision shall not affect the validity of the remaining articles of this Agreement.

13.        Additional Terms

Please observe that MindArk ’s End User License Agreement (EULA) and Terms of Use (ToU), in the case of purchase from within Entropia Universe, also govern your purchase of a Real World Item (you can read these agreements here under EULA or ToU)  If the two agreements stand in conflict will this General Real World Item Terms of Purchase shall prevail.