Gaijin Store Policy

IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT ACCORDING TO THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE IN SECTION 8 OF THE EULA. THE ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION.

Depiction of any real-world weapon or vehicle in the Store does not mean participation in product development, sponsorship, or endorsement by or of any weapon or vehicle manufacturer.

This Gaijin Store Policy (“Store Policy”) constitutes a legal agreement between you (“User,” also “you,” “your”) and Gaijin, which refers to one of the following legal entities (depending on the circumstances described right below): 

• where the Store Website is accessible via third-party gaming platforms (e.g., Steam, PlayStation Network, Xbox Live, Google Play Store, Apple App Store) - Gaijin Distribution Kft., with its registered address at Hungária körút 162-166, 1146 Budapest, Hungary;
• in any other case - Gaijin Network Ltd, with its registered address at Ifigeneias street 63, Office 302, 2003 Strovolos, Nicosia, Cyprus. 

Gaijin can also be referred to as “we,” “us,” or “our” in this Store Policy.

This Store Policy governs your purchase of in-game data indented to extend or improve your gameplay and in-game experience, such as in-game virtual currency, DLCs, characters, and virtual objects (vehicles, weapons, mounts, military equipment, etc.), as well as skins for them, any consumables and other items/features having an effect on your gameplay and in-game experience (“In-Game Items”) for Gaijin’s Games, including but not limited to, War Thunder, Crossout, Star Conflict, CRSED: F.O.A.D., Enlisted, Age of Water. Store Policy governs purchases available in Gaijin.Net Store (“Store Website”) and other stores owned or controlled by Gaijin (including in-app stores). This Store Policy is a part of the Terms and Conditions as defined in Gaijin Terms of Service.

Before purchasing and using any In-Game Item, you shall read and accept this document and other Terms and Conditions, where you can learn how we deliver our Services and process your personal data.

The capitalized terms (words) not defined in this document should be interpreted as provided by the Terms of Service and EULA.

1. PURCHASE OF IN-GAME ITEMS

1.1. To extend your gaming experience and enhance game functionality, you can purchase one or more In-Game Items for our Games regardless of the platform you use. Gaijin reserves the right to refuse or cancel orders for In-Game Items if an order violates the Terms and Conditions or is explicitly prohibited by Gaijin (under the Terms and Conditions, on Gaijin’s websites, or otherwise).

1.2. Some or all In-Game Items may be available only in a particular area (region/location). In case you reside in a restricted region, you cannot make any transactions in the Gaijin Store. Gaijin also reserves the right to amend the prices for all or any particular region or to set different prices for different areas. 

1.3. Using a VPN or any other circumventing technology to defraud or deceive your current location is strictly prohibited and leads to a material breach of this Store Policy and the Terms and Conditions. In case of such a breach, Gaijin reserves the right to suspend or delete the Account of the User.

1.4. Some In-Game Items may be limited in quantity, depending on the Game's functionality, and subject to Section 6 of EULA.

1.5. All In-Game Items are attached to a specific platform (Windows, Xbox, PlayStation, iOS, Android, etc.) where they are purchased and activated. It is impossible to transfer In-Game Items between different platforms. Therefore, In-Game Items purchased from one platform are not displayed and cannot be used when switching platforms.

2. FREE RETRIEVAL AND GIFTS

2.1. Gaijin may distribute promotional In-Game Items through various marketing and promotional activities or by other means where you get an activation code or key. In such a case, you do not pay any amounts directly for the In-Game Item obtained. Such In-Game Items and their use shall be separately governed by the rules of relevant campaigns or other activities. Users are restricted from distributing any medium (activation codes, keys, or others) in any way, allowing them to retrieve an In-Game Item obtained for free in the relevant activity.

2.2. Users may also purchase the In-Game Items as a gift for another User. For more details, please visit Gaijin Support Q&A.

3. REDEEMING PROCESS

You may redeem an In-Game Item only as prescribed by Gaijin in the Game, Store Website, or otherwise. Redeeming In-Game Items by other means is strictly prohibited and constitutes a material breach of this Store Policy and Gaijin Terms and Conditions.

4. USE OF IN-GAME ITEMS 

The use of In-Game Items is governed by EULA. Please pay special attention to Section 6 of EULA.

5. VIRTUAL CURRENCY

Virtual currency and other In-Game Items (whether exchangeable within the Game or not) may be redeemed only for other In-Game Items (or for in-game services in some particular cases). Virtual currency, despite its name, is not redeemable for any sum of money, goods, services, or other value (whether from Gaijin or other parties), except as provided by Game functionality or expressly and unambiguously permitted by Gaijin or required by applicable law.

6. EXPIRATION OF IN-GAME ITEMS

In-Game Items do not expire unless otherwise stated or provided for by Gaijin, whether on the Store Website, another platform or in the Game. Each In-Game Item (including virtual currency) may be consumed, spent, or lost by a User during gameplay according to the Game Rules and other Gaijin Terms and Conditions.

7. NO VALUE AND BALANCE CHANGES

7.1. The User irrevocably and unconditionally confirms and acknowledges that the In-Game Items have no cash or any other material value. Neither Gaijin nor any other person or entity has any right or obligation to buy, sell, rent, exchange, give, distribute or dispose of in a different way the In-Game Items for any value (real currency) or for free, unless otherwise is specifically and expressly approved or consented by Gaijin, or provided in the Terms and Conditions.

7.2. The User acknowledges and agrees that in the event the User receives a license for an In-Game Item, the User acquires the right of access to certain digital content and the right to use certain digital content which is limited by in-game mechanics and/or balance settings and other features or the behavior of specific In-Game Items inside the Game (which can be modified from time to time). The User acknowledges and agrees that changes in characteristics, design, or functionality of In-Game Items should not be interpreted as changing such characteristics as performance, condition, and quality of the In-Game Items provided under this Agreement.

7.3. Nothing in this Store Policy excludes, limits, or modifies any consumer warranties given to you by the applicable law as a mandatory rule. Otherwise, such provisions shall be considered void and non-applicable, save for the other provisions of this Store Policy or the Terms and Conditions.

8. TRANSFER AND JOINT OWNERSHIP

8.1. The In-Game Items are non-refundable (unless provided herein or otherwise in the Terms and Conditions) and may not be sold, transferred, assigned, redeemed, or exchanged for cash. In addition, you are not allowed to jointly possess In-Game Items with another person (or an entity, or any third party whatsoever) or establish a security interest therein.

8.2. Any transaction on the purchase and sale of In-Game Items or other in-game values (currency, etc.) between Users (“In-Game Transactions”) is strictly prohibited if: 

8.2.1 made for “real-world” money or other values; 

8.2.2 made outside the market available in the Game; and/or

8.2.3 it meets the criteria of an Address In-Game Transactions as defined in paragraph 8.3 below. 

8.3. The “Address In-Game Transaction” means any In-Game Transaction implying the buyer that knows the seller's identity and the seller that knows the identity of the buyer (or the parties communicating on the transaction outside the Game). Gaijin reserves the right to consider any In-Game Transaction as an Address In-Game Transaction at its discretion, including by means of automatic decision-making, provided such a transaction corresponds to the definition of an Address In-Game Transaction above.

9. PAYMENT

9.1. All sales are final, and all funds transfers and sales are made via third-party payment platforms partnered with Gaijin (“Platforms”). Gaijin neither processes your transaction nor collects your banking details or other information regarding the transfer of funds. The Platforms are solely responsible for executing transactions, and you must comply with their terms and conditions and other rules or guidelines imposed by the Platforms. Gaijin is not responsible for your use of the payment method provided by the Platforms to purchase the In-Game Items. Any objections or claims regarding the transaction shall be filed and submitted directly to the Platforms.

9.2. The price for In-Game Items is determined unilaterally by the Gaijin and reflected on the Store Website. The price for In-Game Items could be expressed in different currencies. When making payments, the Platforms may use an exchange rate different from the exchange rate applied by Gaijin or charge additional fees; therefore, the amounts charged by the Platforms may differ from the In-Game Item price reflected on the Store Website.

9.3. The purchase of an In-Game Item becomes final immediately after you click the relevant confirmation button while finalizing the purchase. Please pay attention that your transaction may be delayed due to technical issues, including on the Platform’s side.

9.4. You are entitled to choose any payment method provided by the Platforms and supported by Gaijin. All accessible payment methods will be shown to you when making a purchase. However, Gaijin usually cannot advise you on the use and specificity of different payment methods. This also means that for any issues related to the process of making transactions, you shall contact the Platform, not Gaijin. You hereby confirm that you have the right to use the payment methods you chose to complete a transaction and will not be contrary to any applicable law.

9.5. For more detailed information on Charges and Billing, please see Section 7 of our Terms of Service.

9.6. The personal data regarding your transaction is being processed according to our Privacy Policy.

10. TAXES AND CHARGES

10.1. You shall be solely responsible for all applicable taxes, fees, duties, or other governmental charges and amounts payable in connection with your purchase, use, or other approved disposal of the In-Game Items. Violating the statutory or governmental requirements to pay taxes may lead to sanctions, including penalties, and/or, in severe cases, to a criminal conviction.

10.2. In some cases, Gaijin may collect applicable taxes or other charges from you and pay them to the tax or other governmental authority if required under the applicable law, as well as the fees charged by the Platforms for their services. For instance, the relevant amounts may be charged by Gaijin while you make the transaction in the Gaijin Store; the amount charged in such a case is included in the price or expressly depicted to you on the Store Website or in the relevant invoice.

11. TERMINATION OF EULA OR GAIJIN ACCOUNT

Terminating the Gaijin Account, EULA, or Terms of Service will lead to the loss of your In-Game Items purchased or otherwise obtained, including unused ones. For more detailed information on termination, please see Section 12 of EULA and Section 3 of the Terms of Service.

12. ERRONEOUS INFORMATION AND TRANSACTIONS

In the event of a technical or other error, whether in pricing, description, order confirmation, order processing, delivery, functioning, or other error in terms of any In-Game Item, Gaijin reserves the right to correct such error, and, if necessary or needed, revise your order accordingly (including correcting the description or price), or to cancel the order.

13. REFUND POLICY 

In case of definitely and unconditionally faulty or non-functioning In-Game Items, or in other cases when you are entitled to a refund according to the rules of applicable law, we will carry out such reimbursement using the same means of payment as you used for the initial transaction, provided we do not decide to patch the In-Game Item as provided in Section 12 of this Store Policy. To initiate the refund, please get in touch with Gaijin Support Service at https://support.gaijin.net.

14. EU AND UK RIGHT OF WITHDRAWAL

14.1. The European Union and United Kingdom customers have a right to withdraw from certain transactions under the provisions of EU harmonized legislation. In the case of the Gaijin Store, you lose your right to withdraw after you have started the use (or download, if applicable) of the In-Game Item.

IMPORTANT: BY ACCEPTING GAIJIN TERMS AND CONDITIONS, INCLUDING THIS STORE POLICY, YOU HEREBY EXPRESSLY CONSENT, CONFIRM AND ACKNOWLEDGE THAT YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE IN-GAME ITEM YOU HAD PURCHASED IMMEDIATELY AFTER YOU HAVE STARTED THE USE (OR DOWNLOAD IF APPLICABLE) THEREOF.

14.2. To exercise your right to withdraw, you must inform Gaijin about your decision by making an express unambiguous statement by contacting our Support Service at https://support.gaijin.net. If you do so, we will communicate to you regarding such a withdrawal within a reasonable period needed for proper evaluation of withdrawal circumstances and grounds for withdrawal without undue delay.

Exceptions from the right to withdraw:

14.3. According to EU harmonized legislation (and UK laws), you are not entitled to a refund in the following situations (the list is not exhaustive and directly applies to Gaijin Store):

14.3.1 In-Game Items purchased (or otherwise obtained, if applicable) are inseparably mixed with other In-Game Items and/or the Game;

14.3.2 In-Game Items are made to the User’s requests or clearly personalized;

14.3.3 you have started using (or downloading, if applicable) the In-Game Item.

15. AUSTRALIAN CONSUMER RIGHTS

15.1. In-Game Items come with guarantees that cannot be excluded under the Australian Consumer Law.

If you are a resident of Australia, you have a right to the refund and replacement of the In-Game Items that fail to be of acceptable quality under the Australian Consumer Law as specified hereunder. Please note that you are not entitled to a refund or replacement if you simply change your mind about the In-Game Item you have purchased.

15.2. You are entitled to have the In-Game Items fixed or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Any provisions related to the limitation of warranties or liability may apply only to the extent permitted by the Competition and Consumer Act.

15.3. You can receive a refund for the In-Game Item if the In-Game Item has a major problem (failure). This is when:

15.3.1 you would not have purchased it if you had known about the problem;

15.3.2 it significantly differs from the description or does not meet the reasonable expectations for that type of digital content;

15.3.3 it substantially unfits for its ordinary purpose and can’t be easily fixed within a reasonable time;

15.3.4 creates an unsafe situation.

16. MISCELLANEOUS

In all other aspects regarding the purchase, use, and disposal of In-Game Items and functioning of Gaijin Store, which are not specified by this Store Policy, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, update and modification, severability, assignment and termination, the relevant provisions of Terms of Service and EULA shall apply.

17. CONTACT INFORMATION

To contact Gaijin, please use our Support Service website currently available at https://support.gaijin.net.

Last updated: 18.04.2023