PLAYSTATION DIRECT TERMS OF PURCHASE

IMPORTANT.

  You need to be at least 18 years old to place orders on PlayStation Direct.

AS A CONSUMER YOU MAY HAVE RIGHTS UNDER APPLICABLE LOCAL LAWS THAT CANNOT BE EXCLUDED, LIMITED OR CHANGED. THOSE RIGHTS TAKE PRIORITY OVER ANYTHING IN THESE TERMS.

1.THESE TERMS

1.1 When do these Terms apply? These terms apply to all purchases you make from the PlayStation Direct site in Europe (“PS Direct” or the “Store”). 

1.2  Why you should read them. Read these terms carefully before you submit your order. They contain important information. By making a purchase from PS Direct you agree that these terms will form a binding contract between you and us. 

2.INFORMATION ABOUT US

2.1 Who are we? We are Sony Interactive Entertainment Direct Europe Limited (trading as PlayStation Direct), a company registered in England and Wales with company number 03754597. 

2.2‏ If you live in the European Economic Area we act through our branch in the Netherlands. This branch is based at Olympia 1, 1213NS Hilversum, Netherlands under establishment number 000056061218.

3.  OUR CONTRACT WITH YOU

3.1 When we accept your order. We accept your order when we email you to confirm that we have shipped the goods, or in the case of an order of a digital voucher code, when we email you the voucher code. At that time, a binding contract is formed. You may receive an order Information email soon after submitting your order but that does not indicate our acceptance of your order.

3.2 If we cannot accept your order. If we are unable to accept your order, or part of your order we will inform you of this and will not charge you for the product, or if we have taken payment, we will refund you. Reasons that we might not accept your order include if the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of an issue with your payment method, because of material errors in the information you have given to us, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. 

3.3 Product restrictions. We may restrict purchases of some products where reasonable, such as limiting purchases to one per person or household where products are in short supply. If we detect an attempt to circumvent these restrictions, we may cancel the relevant order or orders.

3.4 We rely on you to be accurate and truthful with us.  You must be accurate and truthful in the information that you give to us.  This includes being accurate and truthful when providing details about your delivery and billing address, the country you live in, your age (see clause 4.3 for more information on age restrictions) and your payment details.  This helps us to ensure your order can be completed and delivered to you on time, as any errors may result in your order being delayed or cancelled.  

3.5 Who can purchase from PS Direct? To make a purchase from PS Direct, you:

3.5.1 must be a consumer. You are not permitted to purchase products from PS Direct if you intend to use, distribute, licence or resell the products for business or commercial purposes; 

3.5.2 must be 18 years old or over; and

3.5.3 may need an account for PlayStation Network registered to a country in Europe, Africa, The Middle East, Oceania, India or Russia (“Account”). We reserve the right to sell some or all products only to Account holders. If you wish to purchase a product which is only available to Account holders, during the purchase flow you will need to sign-in to your Account or create an Account (if you do not already have one). If you wish to create an Account, you will be asked to agree to the PSN Terms of Service. The PSN Terms of Service will govern your use of your Account and the PlayStation Network, but your purchase from PlayStation Direct will be governed by these terms.

4.OUR PRODUCTS

4.1 Products and packaging may vary slightly from their pictures. We have taken reasonable steps to display product information as accurately as possible. However, the images of the products and packaging on our website are for illustrative purposes only. Your product may vary slightly from those images. 

4.2 Subscriptions or digital download vouchers. We sell voucher codes that provide an entitlement to access subscription services operated by third parties (such as PS Plus) or an entitlement to download digital content (such as a digital game download). The voucher codes that are redeemable on the PlayStation Store,  can only be redeemed against an Account registered in the same country as the country of the PS Direct store from which they were purchased. Some voucher codes for digital content may be redeemable in stores other than the PlayStation Store and may also only be redeemed against an Account or profile registered in the same country as the country of the PS Direct store from which they were purchased.  Additional terms apply to voucher codes as explained in the purchase flow and product description. Please review each product description carefully before ordering and redeeming the voucher code. 

Note: unless stated in the purchase flow, subscriptions will automatically continue after the initial period granted by the voucher code and recurring subscription fees will be charged by the third party until you cancel the subscription. 

4.3 Age Restrictions. You must be at least 18 years to buy products on PS Direct. You must not buy an age rated product on behalf of an underage third party. By placing an order, you confirm that you are 18 years old or over, and if the product is intended for someone else, that they are of the appropriate age for the product. We reserve the right not to supply any age-restricted product where we reasonably believe that you or the intended recipient is below the relevant minimum age.

4.4 Offers. Unless otherwise stated, offers cannot be used in conjunction with any other offer. All offers are subject to availability while stocks last. Offers may be withdrawn without notice for reasonable cause.

4.5 No Prohibited Use. As a condition of your use of PS Direct, you warrant to us that you will not use PS Direct nor any products purchased from PS Direct for any purpose that is unlawful or prohibited by these terms, or any other terms that apply to your use of the products.

5.PROVIDING THE PRODUCTS

5.1 Where we deliver. We do not deliver to addresses outside of mainland [country]. Other delivery restrictions apply. Please see our Delivery FAQs for more information on our delivery capabilities and restrictions. Unfortunately, you cannot collect products from our premise.

5.2 Delivery costs. The costs of delivery will be as displayed to you during the order process.

5.3. Delivery date. Subject to your order being accepted by us, we will use reasonable endeavours to deliver the products on or before the date displayed in the order process. For purchases of digital voucher codes, we will deliver the voucher code via email shortly after your order information email.  

5.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but have not received.

5.5 When you own products. Once delivered to your specified delivery address, the products ordered will become your property (provided they have been paid for in full) and your responsibility.

5.6 Making changes to your order. We’re not able to amend your order once placed, but you may be able to cancel your order via the website or by contacting customer services if we haven’t dispatched it and it doesn’t contain voucher codes. 

6.YOUR RIGHTS TO END THE CONTRACT

6.1 Your rights to end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract. For example, if what you have bought is faulty you may have a legal right to get the product repaired or replaced or to get some or all of your money back. If you have just changed your mind about the product, you are entitled to a refund in limited circumstances and within certain timeframes. See the PlayStation Direct Returns and Refund Policy for details.

6.2 Returning Products. If you wish to return an item, you must return the item in accordance with the PlayStation Direct Returns and Refund Policy. Please note, items must be returned within 90 days of telling us that you intend to return the item.

6.3 Ownership and responsibility of returned products. For returns, we do not take ownership of the items returned to us until they are accepted by us at our returns fulfilment centre. The returned items remain your responsibility until they are accepted by us at that location.

7.OUR RIGHTS TO END THE CONTRACT

7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

7.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

7.1.3 you do not, within a reasonable time, allow us to deliver the products to you.

7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8.PRICE AND PAYMENT

8.1 Where to find the price for the product. The price of a product (which includes VAT unless indicated otherwise) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price displayed is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the product you order.

8.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We may not accept or process your order where a product is incorrectly priced. If we do accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

8.3 When you must pay and how you must pay. When you place your order a hold on funds equal to the purchase price will be placed on your debit or credit card. However, your debit or credit card will not be charged until the products you have ordered are dispatched to you.

8.4. Authorisation. You represent and warrant that you have the legal right to use the payment method you select for your purchase. You authorise us to charge your payment method the total amount of your order (including delivery charges and applicable tax) in accordance with clause 8.4.

8.5 Bank charges. We are not responsible for your card issuer charging you as a result of our processing of your payment method in accordance with your order.

8.6 Chargebacks. A chargeback happens when your payment service provider (i.e. the supplier of your payment method such as a bank, or PayPal), reverses a payment you made. A chargeback of a sum paid to us for a product we sold results in a debt to us equal to the amount of the chargeback. As a chargeback can indicate you suspect fraud, if the chargeback relates to the purchase of hardware (e.g. a console) we, and/or our group companies, will suspend access to the hardware while we investigate. If there is no lawful reason for the chargeback, the hardware will remain suspended until the debt is repaid. 

9.OUR LIABILITY TO YOU WHEN THINGS GO WRONG

9.1 Consumer laws take priority.  As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this clause 9.

9.2 Liability not limited or excluded. These terms do not:

9.2.1 affect any statutory guarantees or warranties you have as a consumer under local applicable laws; or

9.2.2 exclude or limit our liability in any way unless we are allowed to do so under your applicable local laws. 

9.3 Limitations of our liability. If you are a consumer, subject to sections 9.1 and 9.2, we limit our liability to you as follows:

9.4. Limitations of our liability for non-consumers. To the extent you are using PS Direct other than as a consumer:

9.4.1 we do not exclude or limit our liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) our fraud or fraudulent misrepresentation; (iii) any liability that cannot be limited or excluded under applicable local laws.

9.4.2 subject to section 9.4.1, we accept no liability for (i) loss of profit; (ii) loss of sales or business; (ii) loss of agreements or contracts; (iii) loss of anticipated savings; (iv) loss of or corruption of software; (v) data or information; (vi) loss of or damage to goodwill; and (vii) any indirect or consequential loss.

9.4.3 subject to section 9.4.1, our total liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise will not be more than £100 (or local currency equivalent) or, if higher, the amount of unused Wallet Funds.

10.HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

11.OTHER IMPORTANT TERMS 

11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract. You may not transfer your rights and obligations under these terms to anyone else unless we provide our written consent (not to be unreasonably withheld).

11.2 Nobody else has any rights under this contract. No other person shall have any rights to enforce any of these terms.

11.3 How these terms are enforced against consumers. If you are a consumer:

11.3.1 these terms and any disputes we may have in connection with them will be governed by and determined according to: (i) the laws of England and Wales for users outside of the European Economic Area (“EEA”); or (ii) the laws of Netherlands for users inside the EEA. 

11.3.2 You will also have the additional protection of the mandatory laws of the country in which you live. The mandatory laws of the country in which you live take priority over the laws of England and Wales for non-EEA users or the laws of the Netherlands for EEA users.

11.3.3 We can enforce these terms in a court of competent jurisdiction in the country in which you live.

11.3.4 You can enforce these terms in a court of competent jurisdiction in the country in which you live, or where our company is registered. 

11.4 How these terms are enforced against non-consumers. If you are not a consumer then you are not permitted to make purchases from us and:

11.4.1 these terms and any disputes we may have in connection with them will be governed by and determined according to the laws of England and Wales; and

11.4.2 the courts of England and Wales will have exclusive jurisdiction.

11.5 Contact Information. You can contact our customer service team via https://www.playstation.com/en-gb/support/contact-us/direct/.

Our address is 10 Great Marlborough Street, London, W1F 7LP, United Kingdom. Do not send returns to this address. Returns should only be sent to the address on the prepaid shipping label we provide to you.