Terms and conditions of sale

It is first specified that these terms and conditions govern the sales, by Unfriendly Games, a simplified joint-stock company (Société par actions simplifiée) with share capital of 3000 euros, whose registered office is at 36, rue des Sarments – 95490 Vauréal, registered with the Trade and Companies Register of Pontoise under number 888 835 915, of all products offered for sale on their website www.unfriendly-games.com (hereinafter the “Site”).

Prior to that date, and in accordance with the provisions of articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these terms of sale are made available to any buyer for information purposes.

You declare that you have read these General Terms and Conditions of Sale and accepted them before your immediate purchase or the placing of your order.

As these General Terms and Conditions of Sale may be subject to later modifications, the version applicable to your purchase is the one in force on the date of the immediate purchase or the placing of the order.

Validating your order amounts to unreserved and unrestricted acceptance of these General Terms and Conditions of Sale.

The prices of our products are indicated in euros, all taxes included, excluding the contribution to handling and shipping costs.

For all products shipped outside the European Union and to the French overseas departments and territories, VAT will not apply but customs duties / import duties or other local taxes or state taxes may be payable. These duties and sums are not the Seller's responsibility. They will be borne by you and are entirely your responsibility, both in terms of declarations and of payments to the competent authorities and bodies of your country or locality. We advise you to enquire 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 prices in force at the time the orders are registered. Except where inconsistent with the trade law, in which case you will be notified of this change.

The products remain the property of the Seller until the price has been paid in full.

Orders are placed on the Site by clicking the “Add to cart” button.

You can also order by phone on 07 85 16 17 41: Monday to Friday from 10am to 7pm.

The sale is deemed concluded on the date the Seller accepts the order or pre-order.

The contractual information is presented in the French language.

The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order or pre-order. Validating your order/pre-order therefore amounts to acceptance of these General Terms and Conditions of Sale.

Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions made between the Seller and its customers.

Our product offers and prices are valid as long as they are visible on the Site, while stocks last. In this context, indications of product availability are provided to you when you place your order.

Nevertheless, exceptionally, there may be simultaneous orders or stock errors making the ordered product unavailable.

In the event of a product being unavailable after you have placed your order, we will inform you by email or by post as soon as we receive the information from the suppliers. If you wish, your order may be cancelled and you will then be refunded immediately if your bank account has been debited.

Beyond a period of 3 months, owing to the expiry of the card debit authorisation, you will be informed by email and you may choose either to keep your order while waiting for the missing product or to request a cancellation and immediate refund.

The Seller delivers to most countries in the World.

Shipments are made from Monday to Friday. The products are delivered to the delivery address that you indicated during the ordering process. Delivery times are indicative only and in no case constitute a contractual document.

For shipments within France: the games are sent, at your choice, via Colissimo home delivery or to a parcel pickup point (48h-72h – working days, for Metropolitan France), by Chronopost home delivery or parcel pickup point (24h – working days, for Metropolitan France) or via Mondial Relay to a parcel pickup point (2 to 5 days – working days, for Metropolitan France).

For shipments abroad: DHL, Chronopost, Colissimo or Mondial Relay will be used depending on the destination. The delivery time varies and is given as an indication according to the selected destination.

Warning: when shipping to a country other than Metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and the French overseas departments and territories, the price will be automatically calculated excluding VAT on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne solely by you and are solely your responsibility.

In the event of a shipping delay, an email will be sent to you. In that case, and as long as the preparation of your order for shipping has not begun, you may request its cancellation and a refund.

Payment for your purchases is made by credit card or paypal.

Credit card (3D-Secure) and paypal payment is made when the order is placed.

In accordance with the legal provisions in force, you have a period of 14 calendar days from receipt of your products to exercise your right of withdrawal without having to give reasons or pay any penalty.

You must inform the Seller of your decision to withdraw by sending an email, before the expiry of the fourteen-day period.

Returned products must be in their original condition and complete (packaging, accessories, instructions…) so that they can be resold as new, and accompanied by a copy of the invoice for optimised handling.

Items returned incomplete, worn, damaged or soiled by the customer are refunded with a deduction reflecting the deterioration of the product.

Only the price of the products subject to withdrawal will be refunded, the return costs remaining at your expense. The refund will be made within fourteen (14) days of the Seller's receipt of the request to exercise the right of withdrawal.

The Seller may defer the refund until receipt of the product(s) subject of the order, or until you have provided proof of shipment of the product(s), the date retained being that of the first of these events.

Certain products and services listed in article L221-28 of the Consumer Code cannot be subject to a right of withdrawal. These include in particular:

• the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons;
• the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer's prior express agreement and express waiver of the right of withdrawal. Thus, in the context of the supply of dematerialised products, you acknowledge that you expressly waive your right of withdrawal.

We undertake to exchange any products that are apparently defective, worn, damaged or that do not match your order.
In this case, please give a detailed account to the Customer Service, whose contact details are given in article 11, and this before any return.

In the event of missing parts, we will make the request to the publisher and send you the missing parts.

In the event of defective products or components, we will invite you to send the product(s) or components back to us so that we can send you the replacement components. The return procedure will be given to you in reply to your email.

Shipping costs will be refunded to you under the conditions of article 10.

In any event, you benefit from the legal guarantees set out in article 9.

The products offered comply with the French legislation in force.

9.1 Legal guarantee of conformity

The Seller is liable for any lack of conformity appearing in the products during 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 delivery of the goods to take action against the Seller;
• you may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
• you are exempt from providing proof of the existence of the lack of conformity of the goods during this period.

This guarantee allows you to obtain free repair of your product or its exchange, subject to the cost conditions provided for by law. Failing that, if repair or exchange is impossible or could not be carried out within one month of its being taken in charge, the Seller will refund its price.

To make use of this guarantee, the products must be returned to us in the condition in which they were received with all components (accessories, instructions…) as well as a copy of the invoice. Products returned by post must be in packaging that allows transport in good conditions. In this case the cost of returning the product will be refunded under the conditions described in article 9.

9.2 Guarantee against hidden defects

You may also invoke the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code and in this case, you may choose between cancellation 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 of the discovery of the defect. It will then be up to you to prove in particular 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 refunded) provided for in article 7.

Refunds of products in the cases referred to in articles 8 and 9 will be made within 30 days or less after we receive the products. The refund of the shipping costs of the initial order will be based on the cheapest mode of transport offered by the Seller at the time of the order.

The refund will be made, at the Seller's choice, by credit to your bank account or by bank cheque sent in the name of the customer who placed the order and to the billing address. No cash-on-delivery shipment will be accepted, whatever the reason.

For any information or question, we are at your disposal:

• Tel.: +33(0)7 85 16 17 41
• Email: [email protected]

All texts, comments, works, illustrations and images reproduced on the Site are reserved under copyright law as well as under intellectual property law and for the whole world. As such, and in accordance with the provisions of the intellectual property code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the Site is strictly forbidden.

The photographs and visuals illustrating the products are for indication only and in no case constitute a contractual document. We invite you to refer to the description of each product to learn its precise characteristics; and in case of doubt or if you want additional information, do not hesitate to contact us (+33(0)7 85 16 17 41).

In the event of a manifest error between the characteristics of the product and its representation and/or the conditions of sale, the Seller cannot 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 the sites to which the hyperlinks appearing on the Site refer, or which are linked to it by any means.

The Seller does not guarantee that the Site is free of viruses and other harmful components. It is up to you to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet. As such, you accept that the Seller and its providers can in no case be held liable for incidental damages, material and/or immaterial, direct and/or indirect, that may result from access to or use of the Site, including inaccessibility, loss of data, deterioration, destruction or viruses that could affect your computer equipment, and/or from the presence of viruses on its Site.

Furthermore, any material downloaded and/or obtained, in any way whatsoever, while using the Site, is at your sole risk. The Seller will in no way be responsible for any damage and/or loss of data suffered.

These general terms and conditions of sale in the French language are performed and interpreted in accordance with French law.

In the event of a dispute, you will first contact the Seller to obtain an amicable solution.

Failing an amicable settlement, you may choose:
– To have recourse to an amicable mediation solution within a maximum period of one (1) year from your written complaint addressed to the Seller:

1. either by referring the matter to a consumer mediator with a view to 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 – at the Paris Île-de-France Chamber of Commerce and Industry,
2. or by using the dispute resolution platform put online by the European Commission. The European Commission will forward your complaint to the competent notified national mediators.

Failing this, the French courts alone will have jurisdiction.

ARTICLES OF THE CONSUMER CODE RELATING TO THE LEGAL GUARANTEE OF CONFORMITY

Article L217-4

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility by the contract or was carried out under its responsibility.

Article L217-5

The goods conform to the contract:
1° If they are fit for the use ordinarily expected of similar goods and, where applicable:

• if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• if they display the qualities that a buyer can legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;

2° Or if they display the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the latter.

Article L217-6 

The seller is not bound by the public statements of the producer or its representative if it is established that it was unaware of them and was legitimately not in a position to be aware of them.

Article L217-7

Lack of conformity appearing within twenty-four months from delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L217-8

The buyer is entitled to demand that the goods conform to the contract. However, the buyer cannot dispute conformity by invoking a defect that they knew of or could not have been unaware of when contracting. The same applies when the defect originates in materials that the buyer supplied themselves.

Article L217-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may decline to proceed in accordance with the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, in accordance with the option not chosen by the buyer.

Article L217-10

If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price, or keep the goods and be given back part of the price.
The same option is open to the buyer:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the goods and the use they seek.
However, cancellation of the sale cannot be ordered if the lack of conformity is minor.

Article L217-11 

The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
These same provisions do not preclude the award of damages.

Article L217-12

The action arising from a lack of conformity is time-barred two years from delivery of the goods.

Article L217-13

The provisions of this section do not deprive the buyer of the right to bring the action arising from redhibitory defects as resulting from articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised to the buyer by law.

Article 1641

The seller is bound by a guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.

Article 1642

The seller is not liable for apparent defects of which the buyer was able to satisfy themselves.

Article 1643

The seller is liable for hidden defects even if they were unaware of them, unless, in that case, they stipulated that they would be bound by no guarantee.

Article 1644

In the cases of articles 1641 and 1643, the buyer may choose between returning the thing and being refunded the price, or keeping the thing and being given back part of the price, as assessed by experts.

Article 1645

If the seller knew of the defects in the thing, they are bound, in addition to refunding the price they received for it, to pay all damages to the buyer.

Article 1646

If the seller was unaware of the defects in the thing, they will only be bound to refund the price, and to reimburse the buyer for the costs incurred by the sale.

Article 1647

If the thing that had defects perished as a result of its poor quality, the loss falls on the seller, who will be bound towards the buyer to refund the price and to pay the other compensation set out in the two preceding articles.

But a loss occurring through a fortuitous event will be borne by the buyer.