GTC")

Article 1 – LEGAL NOTICE

This site, accessible at the URL https://festivgames.com/ (the "Site"), is published by :

Monsieur THIBAULT GRIFFON

(Hereinafter referred to as the "Operator" »).

Trade name : FESTIV GAMES

SIRET : 911 519 924 00011

Intracommunity VAT number : FR95911519924

Adress : 45 avenue Jean Capdeboscq

33560 Carbon Blanc

Email adress: contact at festivgames.com

Accommodation : OVH - 2 rue Kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France

– RCS LILLE METROPOLE 424 761 419 00045.

Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general terms and conditions of sale (the "General Terms and Conditions of Sale ", or the " GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GTC are made available to customers on the Website where they can be consulted directly and can also be communicated to them on request by any means.

The GTC are opposable to the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, that he has been made aware of them and that he has accepted them before placing an order. The validation of the order by its confirmation is equivalent to the buyer's acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are assured by the Operator.

Article 3 - CAPACITY AND DESCRIPTION OF PRODUCTS

 The purchase of the products marketed by the Operator does not fall within the scope of one of the acts of management of daily life, within the meaning of the provisions of Article 1146 of the Civil Code. Consequently, the Customer declares to have the capacity to contract under the conditions described below, i.e., to be an emancipated minor or to have the legal majority and not to be protected within the meaning of Article 488 of the Civil Code.

The products offered for online sale are those presented on the Site. The products are described with the help of descriptive sheets and photos by the Operator on the Site with the greatest possible accuracy. Nevertheless, The Operator indicates to the Customer that, despite all the attention it has given, the photographs cannot ensure a perfect similarity with the product offered for sale, particularly regarding colours. The differences may result from the colour quality of the photographs, the difficulty of rendering the materials on the screen or, without being exhaustive, technical adaptation. These differences may not be interpreted as defects in conformity, lead to the cancellation of the sale and engage the responsibility of the operator.

Any order is deemed to be an express and irrevocable acceptance of the product description. 

The pre-order offers presented are only valid within the limits of the time available and the quantity proposed for pre-order.

Article 4 - CREATION OF THE CUSTOMER AREA

To place an order or pre-order on the Site, the Customer may first create his/her personal customer area. Once created, to access it, the Customer must identify himself/herself using his/her secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of the article PERSONAL DATA of the present General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the identifier and password, enabling him/her to access his/her customer area, the Customer acknowledging that he/she is solely responsible for accessing the Service using his/her identifier and password, unless fraud is proven. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation, or fraudulent use of his/her login and/or password.

After the creation of his/her personal customer area, the Customer will receive an email confirming the creation of his/her customer area.

When registering, the Customer undertakes :

• To provide real, accurate and up-to-date information at the time it is entered in the service's registration form, and not to use false names or addresses, or names or addresses without being authorised to do so.
• To keep the registration data up to date to ensure that it is real, accurate and up to date always.

The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting impersonation) or harmful information (such as viruses). If this is not the case, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.

Article 5 - ORDERS

The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.

Prices do not include delivery costs, which are invoiced in addition and indicated before the validation of the Order or Pre-order.

 If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer has placed an order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :

• The delivery of a Product of a quality and price equivalent to that initially ordered, or

• Reimbursement of the price of the Product ordered within thirty (30) days of payment of the sums already paid.

It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

Except for any contrary mention in these General Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Client's orders are firm and definitive.

When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities desired. The Customer may check the details of his/her order and its total price and return to the previous pages to correct the contents of his/her basket, if necessary, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.

The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or file this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself/herself in his/her customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular if :

• The Customer would not respect the General Conditions in force at the time of his/her order;
• The Customer's order history shows that sums remain due under previous orders;
• One of the Customer's previous orders is the subject of a dispute being processed;
• The Customer has not responded to a request for confirmation of his order sent to him/her by the Operator.

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address contact at festivgames.com ,the Operator will provide the Client with a copy of the contract subject of the request.

Any modification of the order by the Customer after confirmation of his/her order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (particularly name and delivery address) is binding on the latter. Thus, in any way the responsibility of the Operator cannot be sought if an error when placing the order prevents or delays delivery.

The Customer declares to have the full legal capacity allowing him/her to engage under these General Conditions.

Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the account of said Customer without notice.

Article 6 - PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before sending the order, by all necessary means.

Orders may be paid for using one of the following methods of payment :

• Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site.

The Customer's order is recorded and validated as soon as the bank accepts the payment.

The Customer's account will only be debited with the corresponding amount when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The impossibility of debiting the sums due will result in the immediate nullity of the sale.

In particular, the bank card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

Where applicable, the order validated by the Customer will only be considered effective once the secure bank payment centre has given its approval of the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents required to finalise the order. These documents will not be used for any other purpose.

Article 7 - PRICE PAYMENT

The prices of the products offered for sale on the Site are expressed in euros, including VAT and are valid only on the Site. These prices do not include delivery and package preparation costs, which will be indicated before the final validation of each order. The prices of the products may be modified at any time by the Operator and without prior information to the Customer. The products will be invoiced on the basis of the prices in force at the time the order is registered.

Any order or pre-order implies express and irrevocable acceptance of the product prices.

For international orders, the prices of the products are indicated in euros, the prices are indicated exclusive of tax at check-out. These orders or pre-orders are subject to possible taxes and customs fees in the country of destination. The customs fees must be paid by the Customer directly to the carrier. 

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and the details of this are shown on the order confirmation page.

Article 8 - FORMATION OF THE CONTRACT

Le contrat entre l’Exploitant et le Client est formé au moment de l’envoi par le Client de la confirmation de sa commande.

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his/her order. The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e., after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GTCs before clicking on the "I order" button, and lastly, he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and his Customers.

The order can be cancelled by the Customer by registered letter with acknowledgement of receipt or by a written document on another durable medium in case of :

• delivery of a Product that does not comply with the declared characteristics of the Product
• delivery beyond the deadline set out in the order form or, in the absence of such a deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been enjoined, in the same way and without result, to make the delivery within a reasonable additional period;
• an increase in price that is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

The order may be cancelled by the Operator in the event of :

• refusal by the buyer to take delivery ;
• non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

The delivery area is Europe plus international. The products will be sent to the delivery address that the Customer indicated during his/her Order. Delivery costs are calculated according to the weight / volume of the package and the destination country. 

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers you different delivery or delivery methods depending on the nature of the product : La Poste – Colissimo – Delivengo – Mondial Relay..

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order..

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

The Customer acknowledges that, in the event of a Pre-order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time needed and the production volume of all the pre-ordered products.

The Operator cannot be held responsible for the consequences due to a delay in delivery not being its fault or being due to an act of force majeure.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him/her to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt.

On delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate it on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.

Article 11 – RIGHT OF WITHDRAWAL

If a Product delivered does not give full satisfaction to the Customer, he/she may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below: withdrawal form. CREATE A LINK

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

If necessary, the Customer may exercise his/her right of withdrawal by notifying the following information to the Operator :

-name, geographical address, telephone number and e-mail address ;

-decision of withdrawal by means of an unambiguous statement (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form, but it is not mandatory.

The product must be returned in its original packaging and carton and in perfect condition. The products, damaged, scratched, stained, washed will not be taken back by the operator. In this case, the package will be returned to the Customer and the costs of returning the product are the responsibility of the Customer.

The document “Déclaration en Douane / CN23” present in the transparent pouch must appear on the outside of your package with the mention “Sale of goods” crossed out and the box “Return of goods” checked. The invoices initially present on the outside of your package must also be present.

From the exercise of your right of withdrawal, you have fourteen (14) days to return the purchased Product.

In the event of a return accepted by the Operator, you will be reimbursed, at most within one month from the day on which the Operator receives the item and validates its conformity, in accordance with the provisions of Article L. 121-21-4 of the Consumer Code.

Exclusion

In accordance with the provisions of Article L.221-28 of the Consumer Code, the Customer has no right of withdrawal regarding products made on request or personalized. 

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator :

• by email by contacting contact at festivgames.com indicating his/her name, telephone number, the subject of his/her request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Éléments ”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 14 – LIABILITY AND GUARANTEE

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his/her behaviour regarding third parties. If the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (particularly L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity :

• you have a period of two (2) years from delivery of the goods to act:
• you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code ;
• you are exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between cancelling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L.217-4 of the consumer code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Art. L.217-5 of the consumer code:

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

Art. L.217-7 of the consumer code:

“The defects of conformity which 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 challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »

Art. L.217-7 of the consumer code:

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Art. L.217-12 of the consumer code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Art. 1641 of the civil code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.

ARTICLE 15 – COMMERCIAL WARRANTY

The commercial guarantee (contractual commitment of the Operator, in addition to his legal obligations relating to the guarantee of conformity of the Products) is the subject of a written contract in accordance with the provisions of articles L. 217-15 and following of the Code of trade, a copy of which is given to the Client.

ARTICLE 17 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy (the " Charter ").You can consult this Charter at any time on the Site.

Article 18 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and will then agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions which govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

In addition, the Customer acknowledges that the Operator cannot support, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to inform him/her of any hypertext link present on the Site which would allow access to a third-party site offering content contrary to the law and/or morality.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 19 – REFERENCES

The Customer authorizes the Operator to mention the name of the Customer, his logo as a reference in his communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).

ARTICLE 20 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.

CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to cease temporarily or permanently to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.

The Client acknowledges that the Operator cannot be held liable in any way whatsoever towards him or any third party because of these modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.

COMPLAINT - MEDIATION

In the event of a dispute, you must first contact the company's customer service at the following coordinates : contact at festivgames.com.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions.

By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his/her request, it is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.