Terms and Conditions
Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the French Consumer Code, the present terms of sale are made available to any buyer for information purposes.
You declare that you have read and accepted the present General Conditions of Sale before your immediate purchase or the placing of your order.
These Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to your purchase is the one in effect at the date of the immediate purchase or the placing of the order.
The validation of your order implies acceptance without restriction or reservation of these General Conditions of Sale.
ARTICLE 1 - PRICES
The prices of our products are indicated in euros including all taxes but excluding the cost of processing and shipping.
For all products shipped outside the European Union and to the French Overseas Departments and Territories, VAT will not be applicable but customs/import duties or other local taxes or state taxes may be payable. These rights and sums are not under the responsibility of the Seller. They will be at your charge and are your responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country or locality. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in Euros.
The products will be invoiced on the basis of the tariffs in force at the time of the recording of the orders. Except in case of discrepancy with the law of commerce, in which case you will be notified of this change.
The products remain the property of the Seller until full payment of the price.
ARTICLE 2 - ORDERING
Orders and pre-orders are made on the Site by clicking on the "Add to cart" or "Pre-order" button.
The sale is deemed concluded on the date of acceptance of the order or pre-order by the Seller.
The contractual information is presented in the French language and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.
The Seller reserves the right to cancel or refuse any order or pre-order from a customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 3 - VALIDATION
You declare that you have read and accepted the present General Terms of Sale before placing your order or pre-order. The validation of your order/pre-order therefore implies acceptance of these General Terms of Sale.
Unless proven otherwise, the data recorded by the Vendor constitutes proof of all transactions between the Seller and their customers.
ARTICLE 4 - AVAILABILITY
4.1 For products not on pre-order
Our product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. In this context, indications on the availability of products are provided to you at the time of placing your order.
Nevertheless, exceptionally, it may happen that there are simultaneous orders or stock errors making the ordered product unavailable.
In the event of unavailability of product after placing your order, we will inform you by mail or by post upon receipt of information received by the suppliers. If you wish, your order can be cancelled and you will be immediately refunded if your bank account has been debited.
Beyond a period of 3 months, for reasons of expiry of the authorization to debit the card, you will be informed by mail and you can choose either to keep your order while waiting for the missing product or to ask for a cancellation and immediate refund.
4.2 For pre-orders
Some products are offered for pre-order with the indication of a provisional availability date.
If the pre-ordered products turn out to be unavailable on the announced availability date, we will inform you by e-mail.
If there are not enough products to satisfy all the pre-orders placed, the Seller will cancel the last pre-orders that could not be honored. If this is the case, you will be informed by e-mail and you will be immediately refunded if your bank account has been debited.
ARTICLE 5 - DELIVERY
The Seller delivers in most countries of the World. Shipments are made from Monday to Friday. The products are delivered to the delivery address that you have indicated during the ordering process. The delivery times are only indicative and do not constitute a contractual document.
For shipments in France: the games are sent, according to your choice, via Colissimo (48h-72h - working days, for Metropolitan France), or by Chronopost (24h - working days, for Metropolitan France).
For shipments abroad: DHL, Chronopost or Fedex will be used. The delivery time is variable and given as an indication according to the selected destination. We send by mail the number of the parcel allowing you to follow it on the website of the chosen delivery company.
Attention: when sending to a country other than France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding VAT automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at your sole charge and are your sole responsibility.
In case of delay in shipping, an email will be sent to you. In this case, and as long as the preparation of your order has not begun for shipment, you can request its cancellation and refund.
ATTENTION: In the hypothesis where the order would comprise one (or several) product(s) in pre-order as well as one (or several) product(s) already available, the totality of the order will be then put on hold and will be dispatched only when the completeness of the products will be available.
If you wish to receive the product(s) already available immediately, you will have to place two separate orders.
ARTICLE 6 - PAYMENT
The payment of your purchases is made by credit card or Paypal.
The payment CB (3D-Secure) and Paypal is carried out at the time of the order.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, you have a period of 14 calendar days from the receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
You must inform the Seller of your decision to withdraw by sending them an email, before the expiry of the fourteen day period. Once this notification is sent, you have another 14 days to return the products concerned by tracked parcel or registered parcel with acknowledgement of receipt to the address provided to you.
The returned products must be in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, and accompanied by a copy of the invoice for optimal management.
Items returned incomplete, damaged or soiled by the customer will be reimbursed with a discount relative to the deterioration of the product.
Only the price of the products being the subject of a retraction will be refunded, the expenses of return remaining with your load. The refund will be made within fourteen (14) days from the receipt by the Seller of the request to exercise the right of withdrawal.
The Seller may defer the refund until receipt of the product(s) ordered, or until you have provided proof of shipment of such product(s), whichever is earlier.
Certain products and services listed in article L221-28 of the French Consumer Code cannot be subject to a right of withdrawal. These are in particular :
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal. Thus, in the context of the supply of dematerialized products and as set out in Article 11, you acknowledge expressly waive your right of withdrawal.
ARTICLE 8 - COMPLAINTS / RETURNS
We undertake to exchange products that appear to be defective, damaged to the point where they cannot fulfil their main function or do not correspond to your order. In this case, we thank you to report in detail to the Customer Service whose coordinates are indicated in Article 12, and this before making any returns.
In the case where a return is necessary, the modalities of return will be indicated to you in answer to your e-mail.
The shipping costs will be reimbursed to you under the conditions of article 10.
In any case, you benefit from the legal guarantees set out in Article 9.
ARTICLE 9 - CONFORMITY OF THE PRODUCTS
The products offered are in conformity with the French legislation in force.
9.1 Legal guarantee of conformity
The Seller is responsible for any defects in conformity appearing on the products for a period of two (2) years from their purchase.
It is reminded that within the framework of the legal guarantee of conformity :
you have a period of two years from the delivery of the goods to act against the Seller;
you can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
you are exempted from proving the existence of the lack of conformity of the good during this period.
This guarantee allows you to obtain free repair of your product or its exchange, subject to the cost conditions provided by law. Otherwise, if the repair or exchange is impossible or could not be implemented within one month of its assumption, the Seller will refund the price.
In order to make use of this guarantee, the products must be returned to us in the state in which they were received with all the elements (accessories, instructions...) as well as a copy of the invoice. The products returned by post must be in a packaging allowing a transport in good conditions. In this case, the cost of returning the product will be reimbursed under the conditions described in Article 9.
9.2 Warranty against hidden defects
You can also implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
This guarantee must be exercised within two years from the discovery of the defect. It will then be up to you to prove that the defect existed at the time of purchase, that it was hidden and that it makes the product unusable.
The provisions of this article do not prevent you from benefiting from the right of withdrawal (satisfied or reimbursed) provided for in article 7.
ARTICLE 10 - REFUND
Refunds of products in the cases referred to in Articles 8 and 9 will be made within a period less than or equal to 30 days after receipt of the products by us. The refund of the shipping costs of the initial order will be made on the basis of the least expensive mode of transport proposed by the Seller at the time of the order.
The refund will be made at the Seller's discretion by crediting your bank account. No cash on delivery will be accepted, whatever the reason.
ARTICLE 11 - DEMATERIALIZED PRODUCTS
11.1 Technical requirements
It is necessary to download the latest version of Adobe Acrobat Reader to view the content of the PDF. This software is free and you can download it here. These terms and conditions and general technical constraints are presumed to be known and accepted at the time of ordering. Under no circumstances shall a claim or request for reimbursement be made on the basis of a lack of knowledge or refusal of these general technical terms and conditions.
11.2 Technical protection measures
As explained in Article 13, we draw your attention to the fact that the files of dematerialized products are, except exception, protected against copying by technical protection measures or Digital Rights Management systems and are watermarked (name, first name, email, order number).
11.3 Order and Delivery
From the validation of your payment, the order is confirmed and can no longer be cancelled or refunded.
After validation of your order, you will receive an e-mail notification of order confirmation at the e-mail address associated with your customer account. The validation of the order is not instantaneous, it may be subject to a processing time as orders for physical products. The orders of dematerialized products placed from Friday 5 pm will be available only from Monday. This e-mail contains a link to a download page for the digital files ordered. The sending of this e-mail is an acknowledgement of receipt of your order. The access to the purchased files is open to you only on a personal basis and remains valid indefinitely, starting from the registration of the order.
Once you have received the download links for the digital files you have ordered, you no longer have the option of cancelling your order and the price of your purchase will be automatically debited, even if you subsequently decide not to download the said files. As soon as the download links are sent, the orders of digital files are considered firm and final and cannot give rise to any exchange or refund.
The fourteen-day withdrawal period provided for in Article L.121-20-20 of the French Consumer Code does not apply once the order has been fulfilled by sending the download links, which are equivalent to a final delivery of the product.
In case of difficulties, and in particular if you do not receive the download links, or if there is a problem reading the e-mail address associated with your customer account, you can contact the Seller via the customer service address.
The Seller cannot be held responsible for the limits of the Internet network and in particular for its technical performance and response times to consult, query or transfer data. In addition, it is your responsibility to take all appropriate measures to protect your own data and software from contamination by any computer virus.
In some countries, the laws in force prohibit or restrict free access to certain works; you undertake to check that under the law of the place of order, there are no similar prohibitions or restrictions concerning the digital files ordered.
The Seller cannot be held responsible for any malfunction occurring at the time of downloading the digital files ordered and which would not be their fault.
ARTICLE 12 - CUSTOMER SERVICE
For any information or question, our team is at your disposal:
ARTICLE 13 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the Site are reserved under copyright law and intellectual property law for the entire world. In this respect and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any total or partial reproduction of the Site is strictly forbidden.
The PDF files ordered, their content, as well as all elements reproduced on the Site as part of this service (including text, comments, illustrations and iconographic documents) are protected by the Intellectual Property Code in France and by foreign legislation governing copyright and related rights, trademark law, design law and patent law.
As such, the works of the mind which are thus presented and proposed for downloading and reading are only intended for strictly personal, private and free use. Any reproduction, adaptation or representation in any form and by any means whatsoever, and in particular the resale, exchange, rental or transfer to a third party, are absolutely prohibited.
The files of the digital products offered on the Seller's site are protected by technical protection measures or Digital Rights Management systems, i.e. protection systems allowing to control their use and in particular their copy. Their objective is to offer the customer a maximum of flexibility in the use of the downloaded recordings while protecting the rights of the authors, performers and publishers of the works. You agree not to circumvent or undermine the technical control of the use of downloaded digital files and any device with the same objective.
These technical protection measures are governed by the law n° 2006-961 of August 1st, 2006 relating to copyright and related rights in the information society. Any attempt to circumvent these measures is subject to the penalties provided for by this same law. More generally, any use outside the framework defined in these general conditions would be considered as an act of counterfeiting, which exposes the customer to legal, civil or criminal proceedings under the legislative and regulatory provisions in force.
ARTICLE 14 - RESPONSIBILITY
The photographs and visuals illustrating the products are only indicative and do not constitute a contractual document. We invite you to refer to the description of each product to know the precise characteristics; and in case of doubt or if you wish additional information do not hesitate to contact us (firstname.lastname@example.org).
In the event of an obvious error between the characteristics of the product and its representation and/or the conditions of sale, the Seller shall not be held liable.
Although the Seller makes every effort to ensure the permanent availability of the servers, access to the Site may be temporarily suspended for technical or maintenance reasons, without prior notice.
The Seller is not responsible for the permanent updating of the Site and is not responsible for the content of sites to which hypertext links appear on the Site, or which are linked to it by any means whatsoever.
The Seller does not guarantee that the Site is free of viruses and other harmful components. It is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet. In this respect, you accept that the Vendor and its service providers cannot be held responsible for any incidental, material and/or immaterial, direct and/or indirect damage that may result from access to or use of the Site, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect your computer equipment, and/or the presence of viruses on its Site.
Furthermore, any material downloaded and/or obtained, in any manner whatsoever, while using the Site, is done so at your sole risk. The Seller shall not be liable for any damage and/or loss of data suffered.
ARTICLE 15 - APPLICABLE LAW - DISPUTES
The present general terms and conditions of sale in French language are executed and interpreted in accordance with the French law.
In the event of a dispute, you should first contact the Seller to obtain an amicable solution.
In the absence of an amicable settlement, you may choose: - To have recourse to an amicable mediation solution within a maximum period of one (1) year as from your written complaint to the attention of the Seller
either by referring the matter to a consumer mediator for the amicable resolution of the dispute. To this end, the dispute will be submitted to mediation in accordance with the mediation rules of the CMAP - Centre de médiation et d'arbitrage de Paris - near the Chamber of Commerce and Industry of Paris Ile-de-France,
or by using the dispute resolution platform put online by the European Commission by clicking here. The European Commission will transfer your claim to the notified competent national mediators.
Failing that, the French courts will have exclusive jurisdiction.
ARTICLES OF THE CONSUMER CODE RELATING TO THE LEGAL GUARANTEE OF CONFORMITY
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if necessary :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
The seller is not bound by the public statements of the producer or their representatives if it is established that they did not know them and was not legitimately in a position to know them.
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
The buyer is entitled to demand the conformity of the good to the contract. They cannot however dispute the conformity by invoking a defect which they knew or could not ignore when they contracted. The same applies when the defect originates in the materials supplied by the buyer.
In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. They are then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
If the repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good and have part of the price returned. The same option is open to them: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the good and the use they are seeking. The resolution of the sale may not be pronounced if the lack of conformity is minor.
The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the allocation of damages.
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
The provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.
ARTICLES OF THE CIVIL CODE RELATING TO THE GUARANTEE OF THE DEFECTS OF THE SOLD ITEM
The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if they had known about them.
The seller is not bound by apparent defects perceived by the buyer.
The seller is responsible for hidden defects, even if they were not aware of them, unless, in this case, they stipulated that they were under no obligation of guarantee.
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to them, or keeping the thing and having part of the price returned to them, as arbitrated by experts.
If the seller knew of the defects of the thing, they are bound, in addition to the restitution of the price they received, to pay all damages to the buyer.
If the seller was unaware of the defects of the thing, they shall only be bound to return the price, and to reimburse the buyer for the expenses incurred by the sale.
If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be bound towards the buyer to the restitution of the price and to the other compensations explained in the two preceding articles.
But the loss that has occurred due to a fortuitous event will be for the account of the buyer.