Terms & Conditions

Please read these terms carefully before using our services.

PREAMBLE

The Terms and Conditions herein set forth the conditions related to the sale of digital products by DLGamer on the website DLGamer.com (hereinafter the “Website”). The following Terms and Conditions exclusively apply to “consumers’sales” as defined under the preliminary article of the French Consumer Code (hereinafter the "User" or "You").

No sale can be completed without the User’s express acceptance of these Terms and Conditions. The User accepts these Terms and Conditions by ticking the box “By ticking this box, I acknowledge that I have read and agree with the Terms and Conditions”.

The Terms and Conditions herein can be saved or printed at any time by the User. You are highly advised to save and print them either.

E-mail: [email protected]

FAQ & GDPR: available on our FAQ page.

ARTICLE 1 : REGISTRATION

The User can order only if he/she is already registered on the Website.

The registration shall enter into force only after all the required information have been provided.

The User undertakes to provide true, relevant, accurate and complete information.

The registration is authorized only for people who are over the age of majority. The registration by a minor must be authorized by his/her parents or his/her legal representative.

DLGamer is entitled to close forthwith your account should any information provided for the registration turns out to be inaccurate.

The User is provided a login and a password allowing him/her to connect to his/her account.

Access to the account with the login and the password is granted exclusively for the account’s owner.

The User undertakes to keep his/her password strictly confidential.

Any use of the User’s account is deemed to have been done by the User himself or under his/her control, unless the User demonstrates that his/her account has been hacked into.

ARTICLE 2 : ORDER

An order confirmation is sent to the email address used for your registration, once your payment has been approved.

The confirmation order specifies all the information related to the purchased Product and its price.

The invoice is sent to the email address used for registration or can be downloaded on the Website immediately after the order has been placed.

DLGamer reserves the right to cancel or refuse any order from a User if a payment incident already occurred further to a previous order or if the information the User has provided is incorrect.

Unless otherwise demonstrated by the User, any data registered by DLGamer shall be regarded as a sufficient evidence to support the existence and content of his/her orders.

ARTICLE 3 : FINANCIAL CONDITIONS

3.1 PRICE — Unless otherwise expressly mentioned, the prices on the Website are in euros, and inclusive of all taxes. When the User orders Products sold in boxes, delivery fees are indicated for each Product and invoiced at the end of the order, in addition to the price of the Products.

The applicable VAT rate is the rate in force in the state where the User has his/her address.

DLGAMER has the right to change these VIP Promotion at any point in time.

3.2 SECURE PAYMENT — The payment of the Products is exclusively made by credit card, Paypal or bank transfer, DLgamer doesn't offer theirs services to B2B sales (business-to-business).

For payment by credit card, the amount is debited upon receipt of the order, after bank’s authorization. The order is not completed until the payment has been confirmed by the bank.

Payment solutions on the Website are managed by our partners. These solutions offer all the functions required for secure payment. Exchanged data integrity is ensured by the exchange procedure and encrypted messages using SSL and SET technologies.

ARTICLE 4 : AVAILABILITY

Unless otherwise specified, available products on the Website are only digital products (hereinafter “the Products”).

Offers are available as long as they are on the Website, and while quantities last.

Therefore, orders are deemed to be accepted only after checking the stocks status. If a Product is not available after the order has been sent, we will inform you by email or by letter as soon as we have information from the Product publisher.

ARTICLE 5 : RIGHTS OF USE

The Products are protected by international regulations and treaties governing intellectual property rights and copyright. These rights are the exclusive property of their publishers.

By downloading the Product or by buying its version in box, the User is granted a license to use it, directly from its publisher. The User rights related to the Product are exclusively governed by the license provisions.

In no case the granted license implies the transfer of rights to reproduce, represent or distribute the Product. The Product shall not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered, or used in combination with another software, unless the license granted by the publisher expressly authorizes such action or if applicable law considers that such act constitutes a right that cannot be contractually waived.

The User acknowledges that the infringement of the license agreement may be prohibited by the publisher and be subject to court proceedings.

ARTICLE 6 : RIGHT OF RETURN

Reminder on the right to a cancellation according to the Consumer Code:

In the event of a purchase from a professional on the internet, the buyer has a minimum statutory period of 14 days, counting from the day of his order validation, to change his mind and cancel the order. A letter expressing intent to cancel should be addressed to the seller during this period in order to validate the cancellation and to obtain a refund of the amount spent.

However, the right of cancellation cannot be applied if use of the electronic content has begun with the consumers consent, the 14 day cancellation period not withstanding. Moreover, any viewing of a key, as well as any downloading of data, will exclude the customer from any possibility of using the said right of cancellation.

ARTICLE 7 : RESPONSIBILITY

DLGamer shall not be held liable for any consequence or damages resulting from improper use of the Products. If you have any question regarding the Product use, you can call DLGamer's customer service.

In no event shall DLGamer be liable for any failure to perform its obligations resulting from an unforeseeable and unavoidable third party act, such as publisher acts.

DLGamer shall not have liability for any dysfunction of the Website resulting from an interruption of Internet for any reason whatsoever or from a failure of its hosting service.

User acknowledges DLGamer right to temporary interrupt the access to the Website, when it or any related server requires an update or maintenance operation. DLGamer endeavors to limit the inconvenience for User by doing its best efforts for limiting the interruption to the minimum term required for implementing the contemplated operation.

In no event shall DLGamer be liable if the performance of its obligations is prevented by any case of force majeure, acts of God or any external cause such as: natural disaster, war, earthquake, fire, explosion, riot, governmental intervention, bad weather conditions, water damage, and total or partial breakdown in electric network or telecommunications.

ARTICLE 8 : APPLICABLE LAW - DISPUTE

This contract is subject to French law. The language of this contract is the French language.

In case of dispute with professionals and/or traders, the courts of Nanterre (France) will be qualified. In case of dispute, the French courts will have exclusive jurisdiction.

ARTICLE 9 : PROTECTION OF PERSONAL DATA

Any information, referred to as “mandatory” is requested for processing and shipping your order, and for invoice and warranty reason. Failure to disclose mandatory information will prevent you to order on the Website. By registering you on the Website, you agree to provide us with true and accurate information.

In accordance with the French Data Protection Act of 6 January 1978, the processing of your information has been notified to the French data protection authority (CNIL).

You may ask to access, modify, rectify or delete your personal data, under the conditions set forth in the EU regulations and national laws in force (article 34 of the French Data Protection Act of 6 January 1978).

You may at any time exercise the access rights referred to in the above paragraph by sending us a letter to the following address:

DLGamer / Download Distribution SAS — 91 rue du faubourg Saint Honoré 75008 Paris France

Personal data are retained as far as User’s account is active. The account is considered active when an order is placed at least every twelve months. Further to the closure of the account, for any reason whatsoever, the data are retained for a period of three months from the closure date. Data are then archived and restored exclusively in case of litigation and for the duration of the statutory requirement.

If you have accepted it during your registration on the Website, you will receive promotional e-mails offering new products, destocking offers, exclusive products, good deals.... You can request that we stop sending you these e-mails at any time by clicking the relevant link available at the bottom of each e-mail sent by DLGamer or its partners.

DLGamer is the only processor of your personal data. Nevertheless, if you have expressly agreed to it during your registration on the Website, we may transmit your data to our sales partners for commercial prospection purposes. Subject to your agreement, DLGamer and its partners may send you information regarding occasional promotional operations. These partners are specially selected by DLGamer and are recognized for the quality of their Products and services.

DLGamer exclusively operates the online store related to the digital sales on the Website. You should refer to the general provisions of the publisher’s website to know its policy on personal data.

ARTICLE 10 : NON-COMPLIANCE WITH OUR POLICIES AND CONDITIONS

As part of our tax and legal obligations and of our order delivery procedures, we reserve the right to close a customer account and cancel orders in cases in which a user denigrates dlgamer company.

For questions, contact us at [email protected] or via our contact page.

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[email protected]

Download Distribution SAS

91 rue du faubourg Saint Honoré

75008 Paris

France

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