GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these general terms and conditions of sale of products (hereinafter the “General Terms and Conditions of Sale of Products”) is to define the conditions under which products (hereinafter referred to as “Product(s)”) are sold by Games.fr (Société par Actions Simplifiée - Simplified joint-stock company under French law, with a capital of €1,000,000, RCS B 339 702 870 Lille métropole), on the website of www.nacongaming.com published by NACON (Société par Actions Simplifiée with a capital of €10,000, RCS B 852 538 461 Lille Métropole) available at www.nacongaming.com.
NAME OF THE VENDOR
GAMES.FR, with a capital of €1,000,000 registered under number RCS 339 702 870 – (Siret 33970287000041) – Registered office CRT N°2 RUE DE LA VOYETTE 59818 LESQUIN Telephone: +33 (0)188.8.131.52.30. Intra-community VAT number: FR 44339702870. The GAMES.FR Company is a wholly owned subsidiary of NACON.
Conditions of use
These general terms and conditions of sale of Products apply to any order placed remotely, by a natural person having the legal capacity and acting in a personal capacity as a consumer, directly on the Website available at the following address: www.nacongaming.com – access to the Website via any desktop or mobile device for smartphones or tablets (hereinafter together the “Website”)
The GTCS do not apply to professionals. A professional refers to any natural or legal person, public or private, acting for purposes relating to their trade, business, craft or profession, including when acting in the name or on behalf of another professional. To open a business account, please contact the NACON Company’s business sales department on +44 (0) 8081010970.
Modifications of the GTCS
These GTCS are likely to be modified at any time by Nacon. It is your responsibility to review and accept them formally prior to any order. The GTCS applicable are those featured on the Website at the time you place your order and attached to the order confirmation email. Any order placed on the Website involves the complete, unreserved and unconditional acceptance of the GTCS in force at the time of said order.
ORDERING PRODUCTS ON THE WEBSITE
Any order of one or more Products (hereinafter the “Product(s)”) requires a valid credit card or Paypal account and delivery to your home in metropolitan France or any of the European Union countries mentioned.
Only orders for which your payments and applications have been previously validated by GAMES.FR will be taken into consideration.
- You must have a valid email address accessible from a computer,
- When placing your order, you choose the Product(s) you wish to order. A summary of your order is displayed online. You can modify or accept it to confirm your order,
- When placing your order, you must review these “General Terms and Conditions of Sale of Products”, read them and, where appropriate, tick the box to accept them,
- You will then receive a confirmation of your order on your email address.
The electronic data contained in the order form that you have completed and validated has probative value. GAMES.FR reserves the right, prior to delivery of the Product(s), to check this information.
PRICE OF THE PRODUCTS
The price of the Products (excluding delivery costs) is that featured on the relevant product data sheet, available on the Website. Nacon reserves the right to change the price of its Products at any time, in accordance with the legislation in force.
The products you order will be charged on the basis of the price in effect on the Website at the time your order is validated.
The applicable price is that indicated on your order summary (indicated in the confirmation email).
The price of the Product(s) is payable on placing the order and expressed in Euros, inclusive of all taxes and excluding delivery costs.
For eligible products, the price displayed on the product data sheet includes the amount of eco-tax.
You can view the amount of delivery costs applicable to your order when you select the delivery method of your order.
These potential costs will be indicated as and when you place your order and are charged at the end of the order in addition to the price of the Product(s) selected. For professionals, any delay in payment will automatically result in the application of a penalty equal to 3 times the legal interest rate.
As neither GAMES.FR nor NACONGAMING.COM are in charge of stock reservation, the placing of a product or service in the cart does not guarantee the availability of said Product or its price.
The Products are available as long as they appear on the Website and unless otherwise stated. Should a Product be missing, you will be contacted by GAMES.FR within seventy two (72) working hours of the date of your order, by email or telephone.
This contact will tell you when the Product(s) could be delivered.
If the Product ordered is completely unavailable, you can request reimbursement of the price of your entire order, if it has been invoiced and collected, within a maximum of thirty (30) days from payment, or ask for its replacement with a Product of equivalent price.
Orders are delivered, in metropolitan France and the countries mentioned on the www.nacongaming.com website, to your home address indicated at the time of the order. You may be asked to produce an identity document upon delivery of the order so that the carrier can make sure your identity matches that indicated at the time of your order.
In the absence of an order validation, you are either informed of the cancellation of your order or asked to produce additional supporting documents. In the latter case, upon receipt and validation of said documents, the preparation of your order will resume.
Subject to availability, receipt and validation of your applications and payment options proposed by GAMES.FR on the day of the order, your order will be delivered at the latest on the date mentioned on the delivery method selection page before final validation of your order.
If orders are placed on non-working days (weekend, public holiday or non-business day), the time limits commences to run from the first working day thereafter.
You have twenty four hours (24h00) from delivery of the Product(s) to report any missing item by calling the GAMES.FR Sales Hotline on +44 (0) 8081010970 (Cost of a local call from a landline) or emailing firstname.lastname@example.org to allow GAMES.FR to assert their rights with the carrier selected. You will be kept informed of the delivery time of the missing item within five (5) days, after verification by GAMES.FR.
Case of Products that arrive damaged
Upon receipt or collection of your order, you must check the condition of the package(s) received and report any non-compliance on the delivery slip or refuse delivery.
Should you find that, after accepting the package, the Product(s) ordered is (are) damaged, you can let us know:
- by calling the GAMES.FR sales Hotline on +44 (0) 808101097 (Cost of a local call from a landline)
- or emailing email@example.com
within three (3) calendar days of receipt of your order.
TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership of the Product(s) ordered is conditional upon the effective and complete payment of the principal and other charges.
Failure to pay for the Product(s) ordered may result in the Product(s) being claimed back by GAMES.FR.
The risks (in particular theft, loss, deterioration) will be passed on to you upon delivery of the Product(s) and no refund may be claimed from GAMES.FR in this respect.
RIGHT OF WITHDRAWAL
By virtue of article L 221-18 of the French Consumer code, you have a right of withdrawal (except in the cases provided for in article L 221-28 of said code) which may be exercised within 14 (fourteen) clear days from the day following the delivery of your order. When the order involves several Products, the fourteen-day withdrawal period commences to run from the day following the date on which the last Product was received (the postmark attesting to the date of dispatch). When the fourteen-day (14) period expires on a Saturday, Sunday, public holiday or non-business day, it is extended until the first working day thereafter.
The aforementioned withdrawal period does not apply to products likely to be altered and see their safety compromised, such as Essential Oils in the form of synergies or pure essential oils when these products have been opened.
To withdraw, you can:
- Download the standard withdrawal form (reproduced hereafter in Appendix 2), print, complete and email it to firstname.lastname@example.org
- write to NACON C/O GAMES.FR, 396 rue de la Voyette, CRT2 FRETIN, CS 90414- 59814 LESQUIN CEDEX, FRANCE on plain Paper to express your intention to withdraw;
- contact customer support (see address above)
In any event, the withdrawal document must feature the customer’s surnames and first names, the email address indicated at the time of the order as well as the order number and the invoice.
RETURNING THE PRODUCTS
You must return the product(s) concerned by the withdrawal to the Vendor without undue delay and, in any event, at the latest fourteen (14) days after expressing your decision to withdraw. This deadline shall be deemed to have been observed if you return the product(s) before expiry of the fourteen-day (14) period.
You may request the replacement or refund of the Product(s) ordered from the address communicated by GAMES.FR on +44 (0) 808101097 (Cost of a local call from a landline).
Return costs are at the customer's expense.
Products are returned under your responsibility and at your expense. Any damage suffered by the Product(s) on this occasion shall be likely to prevent you from exercising your right of withdrawal. We recommend that you take out an insurance policy for the transport of the Product(s) returned. While this insurance coverage is optional, it may prove useful as protection against potential breakage, loss or theft.
The Product(s) for which reimbursement is requested must be returned by registered mail, for safety reasons.
The Product(s) shall be returned in its(their) original packaging and in good condition, including all accessories and documentation where appropriate. The Product(s) must be in perfect condition for resale. Consequently, any incomplete or damaged Product as a result of handling operations other than those required to ascertain its nature, characteristics and/or effective operation will not be reimbursed.
If an order is returned as incomplete to the address indicated and/or if the return number of the Product(s) is missing and/or if the Product(s) is(are) returned to an address different from the one communicated by GAMES.FR, it will not be processed as a return, and therefore will not be reimbursed.
CONDITIONS FOR REIMBURSEMENT
Should you exercise your right of withdrawal, you will be refunded within Thirty (30) working days of the date on which you exercise your right of withdrawal. However, GAMES.FR may postpone the reimbursement until the products have been effectively recovered.
It is pointed out that a promotional Product will be reimbursed at the price you actually paid or that should have been paid if it no longer meets the conditions of the promotion. In other words, reimbursement will cover the price of your order invoiced and collected by GAMES.FR.
You will only bear the return costs, except where you have opted for a replacement Product if the original Product(s) is unavailable.
WHO TO CONTACT?
An email address is available for any sale-related questions: email@example.com (emails processed when written in French or English) as well as a telephone number:+44 (0) 808101097 (cost of a local call from a landline in France). This sales hotline only deals with calls in French. Our sales department is open Monday to Friday, 9am to 5pm. Service not available at weekends and on public holidays by email or telephone.
YOUR PRODUCT WARRANTIES
All Products benefit from legal warranties and sometimes a manufacturer’s warranty. Please refer to the user manual of your Product to find out about these warranties and review the questions/answers on our website (Support section) www.nacongaming.com before contacting our technical department. Our technical department does not deal with issues relating to your order but only with the technical defects of your electronic Product.
If you notice a malfunction of your Product, you can contact us using the form on the www.nacongaming.com website or by calling +44 (0) 808101097 (standard rate number), Monday to Friday from 9am to 7pm except public holidays, only from metropolitan France. If the failure seems to be covered by the warranty, we will replace your Product after receipt of the defective Product. To do this, follow the procedure indicated by our technical department. Upon receipt of your Product, it will be assessed by our advisers. If it is confirmed that the failure is covered by the aforementioned warranties, we will send a new Product to your home in metropolitan France.
In this case, we undertake to return an identical or higher-quality Product to you.
If, after the assessment, it turns out the failure is not covered by the aforementioned warranties, we will return your original Product, subject to your email confirmation, with the return shipping costs to be paid by you.
In any event, you must keep the purchase receipt to benefit from the warranty. It will be required for any correspondence with our technical department.
It is pointed out that, under the legal warranty of conformity, the consumer:
- is entitled to a two-year period from delivery of the goods to take action against the vendor;
- is free to choose between the repair and the replacement of the goods, subject to the cost conditions stipulated in article L. 217-9 of the French consumer code;
- is exempted from providing proof of the existence of a lack of conformity of the goods for six months following delivery of the goods. This period was extended to 24 months on 18 March 2016, except for second-hand goods.
The legal warranty of conformity applies irrespective of the commercial warranty that may cover your goods. It is recalled that the consumer may decide to implement the warranty against hidden defects of the goods sold under article 1641 of the French civil code, in which case they are free to choose between the cancellation of the sale or a reduction in the selling price, in accordance with article 1644 of the French Civil Code.
Manufacturer’s warranties do not exclude the legal warranty of conformity or the warranty against hidden defects, reproduced at the end of this article.
Commercial and manufacturer’s warranties are valid for a normal use of the Product(s) and do not cover, in particular:
- Damage caused by factors external to the Product: neglect, misuse, impact or fall, bad connection, effects of electrical surges, insufficient protection against moisture, heat or frost, lightning, water damage, modifications, repairs or attempted modifications or repairs made by a person who has not been authorised by NACON and, more generally, damage of any kind the origin of which is subsequent to delivery,
- Damage suffered by the user due to any Product malfunction, in particular any operating loss, any commercial or financial loss or pain and suffering,
- Loss, theft or breakage of the Product(s).
When you use our online ordering services, we may collect your personal data from you.
Pursuant to article 34 of the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR), which came into force on 25 May 2018, you shall at any time, for the entire data retention period, have the right to access, correct and delete, in whole or in part, your personal data. You can also object to the processing of your personal data, request its limitation or portability whenever possible. You can send instructions to NACON on how to use your data after your death. You can exercise your rights by sending your request to: firstname.lastname@example.org. You are entitled to lodge a complaint with CNIL (French data protection authority) or any competent supervisory authority.
ATTRIBUTION OF JURISDICTION
These General Terms and Conditions of Sale of Products are governed by French law. Any dispute over the interpretation or execution hereof shall be subject to the exclusive jurisdiction of the Paris Commercial Court, with the exception of disputes with non-traders for which legal rules for attribution of jurisdiction apply.
Appendix 2 : Withdrawal form