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GENERAL TERMS AND CONDITIONS OF SALE

Date of last update: October 2, 2024

These general terms and conditions of sale (hereinafter referred to as "GTC") govern the sales of accessories and video games on physical media (hereinafter referred to as the "Products") by Games.fr, a Simplified Joint Stock Company with a capital of 1,000,000 Euros, whose registered office is located at 396-466 RUE DE LA VOYETTE CRT2 59273 FRETIN, registered with the RCS of Lille Métropole under number B 339 702 870 (hereinafter referred to as the "Company") on the website accessible at URL www.nacongaming.com (hereinafter the "Site"). It is specified that the Site is published by NACON company as identified in the legal notices of the Site.

GENERAL PROVISIONS

These GTC are subject to change at any time by GAMES.FR. The new GTC will, if applicable, apply only to Orders placed after said modification.

The applicable GTC are those appearing on the Site in French at the time of your order and brought to your attention prior to the completion of any order. If they were translated into another language and in case of discrepancy between the two versions, the French version of the GTC would prevail over the translated version.

By accepting these GTC, you acknowledge having received, prior to your order, in a clear and comprehensible manner, these GTC and all the information listed by the French Consumer Code.

Any order placed on the Site implies full and complete acceptance, without reservation and without condition of the GTC in force at the time of said order. You therefore renounce, in particular, to invoke any contradictory document, which would be unenforceable against the Company.

Designation of the seller

The Products are sold by GAMES.FR, a simplified joint stock company with a capital of 1,000,000€ registered with the RCS of LILLE METROPOLE under number 339 702 870 – (Siret 33970287000041) – Registered office CRT 2 396-466 RUE DE LA VOYETTE 59273 FRETIN Telephone: +33 (0)3.20.90.72.30. Intra-Community VAT number: FR 44339702870.

Conditions of application

These GTC apply to any order placed remotely by a natural person having legal capacity and acting in a personal capacity as a consumer within the meaning of the preliminary article of the French Consumer Code directly on the Site.

Exclusions of application

The GTC are not applicable to professionals within the meaning of the preliminary article of the French Consumer Code, namely any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf of or for another professional. To open a professional account, please contact the professional sales department at +33 (0)3 20 90 72 00.

Unique producer identification number of the Products

In application of Article L. 541-10-9 of the Environmental Code, distance selling sites that act as sales intermediaries are required to assume the extended producer responsibility (EPR) for products that transit through their platforms.

However, the French Ministry of Ecological Transition and Territorial Cohesion recalled, in a communication dated April 3, 2024 entitled "General framework for extended producer responsibility sectors" that this obligation does not apply in cases where the seller would be able to demonstrate that the product producer already assumes this obligation.

The Company thus specifies that the producer of the Products sold on the Site, NACON company, a simplified joint stock company with its registered office at CRT 2 396-466 RUE DE LA VOYETTE 59273 FRETIN, registered with the RCS of Lille Métropole under number 852 538 461, has unique identification numbers for the following EPR (Extended Producer Responsibility) sectors to which it is subject:

  • D.E.E.E sector (Ecosystem): FR028344_05MDPG
  • Batteries and accumulators sector (Screlec): FR028344_06QE6B
  • Packaging sector (Citéo): FR028344_01PRLK

PRODUCTS

The Products offered for sale are those that appear on the Site on the day of your order and within the limit of available stocks.

VIDEO GAMES WITHOUT PHYSICAL MEDIA

Video games without physical media presented on the Site are not sold by GAMES.FR and are therefore not subject to these GTC.

These video games without physical media are sold on third-party merchant platforms - through the implementation of a URL redirection mechanism - owned and managed by third-party companies; their purchase is therefore subject only to the general terms and conditions of sale of the latter.

ORDERS ON THE SITE

Any order for one or more Products on the Site requires that you have a valid bank card (Visa, Mastercard...), a Paypal account or an American Express card.

Only orders for which your payments have been previously validated will be taken into account.

  • 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 presented online. You can modify it or accept it to confirm your order,
  • You are invited to choose a payment method as well as a delivery method among those proposed.
  • You are invited to validate your order. This step allows you to view a summary of your order including, in particular, the indication of the chosen payment method and the total amount of your order (including delivery costs) minus any reductions and reminding you of the conditions for exercising the right of withdrawal, and inviting you to verify these elements by allowing you to correct them if necessary.
  • You are then invited to click on a link entitled "Pay for your order". You will then be asked to check the box accepting these GTC.
  • You will then be redirected to the secure page of our payment provider, where you will be invited to communicate the data necessary for the execution of your payment obligation and to click on the link "Validate payment".
  • You will then receive, at your email address, a confirmation of your order as well as these GTC on a durable and printable medium.

The electronic data contained in the order form completed and validated by you have probative value. GAMES.FR reserves the right, prior to the delivery of the Product(s), to carry out verifications relating to this information. In the absence of order validation, you are informed either of the cancellation of your order, or of a request for the provision of additional supporting documents. In the latter case, upon receipt of these documents and their validation, your order will resume its preparation.

THE PRICE OF PRODUCTS

The price of the Products (excluding delivery costs) is that indicated on the corresponding product sheet, accessible on the Site. GAMES.FR reserves the right to modify the price of its Products at any time, in compliance with applicable legislation.

The Products you order will be invoiced to you based on the price in effect on the Site at the time of validation of your order.

The applicable price is the one indicated on the summary of your online order and transcribed in the confirmation email.

The price of the Product(s) is payable at the time of order and indicated in euros, including all taxes and excluding delivery costs.

For eligible Products, the price displayed on the product sheet includes the amount of the eco-participation.

You can consult the amount of delivery costs applicable to your order when you select the delivery method for your order.

The amount of delivery costs is indicated to you as you progress through the order and is invoiced at the end of the order in addition to the price of the selected Product(s).

GAMES.FR does not reserve stock, so adding one or more Product(s) to the cart does not guarantee the availability of said Product(s) or its(their) price.

DELIVERIES

Delivery conditions

Orders are exclusively delivered to metropolitan France and to the countries mentioned on the Site according to the delivery method chosen at the time of order, by postal service to your home.

An identity document may be requested at the time of delivery of the order so that the carrier can verify the correspondence between your identity and that provided at the time of your order.

Delivery times

Subject to availability of the ordered Product(s), receipt and validation of your payment, the delivery of your order will take place no later than the date mentioned on the delivery method selection page before the final validation of your order.

For orders placed on non-working days (weekend, public holiday, or non-working day), the deadlines are counted from the first following working day.

Delivery delays

In case of delivery delay, you will have the possibility to cancel your order, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having enjoined us, according to the same modalities, to make the delivery within a reasonable additional delay (and at least fifteen (15) days from the receipt of said letter or said writing), we have not executed within this delay.

The order is considered canceled upon receipt of the letter or writing informing us of this resolution, unless we have executed in the meantime. The refund then occurs at the latest within fourteen (14) days following the date on which the order was canceled.

Delivery costs

We ask you for a flat-rate contribution for delivery costs, the amount of which is specified when validating the order.

The delivery cost is calculated during the validation of the cart and is recalled in the order summary, prior to its validation by you.

Usual checks upon delivery

You must carefully check upon delivery that the packaging of the delivered Products is in good condition and that the delivered Products are intact, complete, and in conformity with your order. If you notice any damage or non-conformity upon delivery, you must notify us within seven (7) days from said delivery.

Missing Products You have a period of twenty-four hours (24h00) after the delivery of the Product(s) to report any missing item to the GAMES.FR Commercial Hotline at 03 20 90 72 18 (Price of a local call from a landline) or by email to the address assistance.nacon@games.fr to allow GAMES.FR to assert its rights with the chosen carrier. You will be informed within five (5) days about the delivery times of the missing item after verification by GAMES.FR.

Damaged Products

Delivered In case you notice at the time of delivery that the ordered Product(s) is/are damaged, you must notify us within three (3) calendar days of receiving your order:

  • by contacting the GAMES.FR commercial hotline at 03 20 90 72 18 (Price of a local call from a landline)
  • or by writing to assistance.nacon@games.fr

In case you notice after accepting the package that the ordered Product(s) is/are damaged, you can implement the legal guarantee of conformity under the conditions provided by the French Consumer Code and reproduced below.

Availability of Product(s)

The Products are available as long as they are visible on the Site and unless otherwise stated. In the event that a Product is missing, you will be contacted by GAMES.FR within seventy-two (72) working hours from the date of your order by email or telephone.

This contact will allow you to know within what timeframe the Product(s) could be delivered. In case of total unavailability of the ordered Product, you can request either the refund of the price of your entire order in case it has been invoiced and cashed, within a maximum period of fourteen (14) days following the date on which the contract was resolved, or replacement by a Product of equivalent price.

TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership of the ordered Product(s) is subject to the effective and full receipt of the price, principal, and accessories.

In case of payment incident, you agree to return to the Company the Product(s) possibly received without delay and at the first request of GAMES.FR.

The risks (including theft, loss, deterioration) are transferred to you upon delivery of the Product(s) and no refund can be requested from GAMES.FR in this respect.

RIGHT OF WITHDRAWAL

Deadline and modalities of the right of withdrawal

Subject to the exceptions applicable to the sale of video games recalled below, you have, in accordance with Article L. 221-18 of the French Consumer Code, a right of withdrawal that can be exercised within a period of 14 (fourteen) clear days from:

  • the receipt of the Product by you or a third party, other than the carrier, that you would have designated, or
  • in case of an order of several Products delivered separately or in the case of an order of a good composed of multiple lots or pieces whose delivery is staggered over a defined period, from the receipt of the last good or lot or the last piece.

When the fourteen-day (14) period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.

To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending us, by mail to the address NACON C/O GAMES.FR, 396 rue de la Voyette, CRT2 FRETIN, CS 90414- 59814 LESQUIN CEDEX, FRANCE or by email to the address TO BE COMPLETED before the expiration of the fourteen (14) day withdrawal period, the withdrawal form available at the end of this document, or, at your choice, any other unambiguous declaration expressing your will to withdraw.

In all cases, the withdrawal document must contain at least your first and last names, the email given at the time of the order as well as its order number and invoice.

In the case where you have exercised your right of withdrawal, you must return, to the address indicated in the form attached to these GTC, without undue delay and no later than fourteen (14) days following the date on which you communicated your decision to withdraw, the new Product(s), in perfect condition, sealed in their original packaging and accompanied by a copy of their invoice, for which you have exercised your right of withdrawal. Any damage suffered by the Product(s) on this occasion may be such as to defeat the right of withdrawal.

The return costs of the Product(s) for which you have exercised your right of withdrawal are at your expense. The return of delivered Products is exclusively by postal mail or by dropping off your package at a relay point.

In case of exercise of the right of withdrawal, we will proceed to the reimbursement of the sums paid, price and delivery costs within fourteen (14) days following the receipt of your return.

The refund will be made via the same payment method as the one used during the order.

It is specified that a Product having benefited from a promotional advantage will be refunded at the price that you will have actually paid or that should have been paid if it no longer meets the conditions to benefit from it. In other words, the refund will be for the price of your order invoiced and collected by GAMES.FR.

Limits to the exercise of the right of withdrawal

In application of article L 221-28 9° of the Consumer Code, the right of withdrawal cannot be exercised for the sale on the Site of video games on physical media when they have been unsealed after delivery.

It is also recalled that in application of article L. 221-28 13° of the same Code, the right of withdrawal does not apply, under certain conditions, for video games without physical media presented on the Site but sold via third-party platforms.

WHO TO CONTACT?

In case of questions

For any commercial question, an email address is at your disposal: assistance.nacon@games.fr (emails processed when written in French or English) as well as a phone number: 03 20 90 72 18 (price of a local call from a landline in France). This commercial hotline only handles calls in French.

The opening hours of our commercial service are Monday to Friday from 9am to 5pm. Service not available on weekends and public holidays either by email or phone.

YOUR GUARANTEES

All Products benefit from legal guarantees and possibly a commercial or manufacturer's warranty.

You can find the user manual for your Product in the support section on the Site https://my.nacongaming.com/en-GB/support and if needed, contact our technical service. The latter does not deal with problems related to your order but only with technical defects of your electronic Product.

Legal guarantees

When the Product(s) present(s) either a lack of conformity or a hidden defect, you have the choice between the legal guarantee of conformity, provided for in articles L. 217-1 and following of the Consumer Code, and the guarantee against hidden defects of the thing sold, provided for in article 1641 of the French Civil Code.

Any guarantee is excluded in case of normal wear of your Product or poor maintenance, poor conservation or misuse.

Legal guarantee of conformity

In accordance with the legal provisions in force, we inform you that you benefit from a legal guarantee of conformity under the conditions provided for in articles L. 217-1 and following of the French Consumer Code.

In case of lack of conformity, the concerned Product(s) must be returned in the state in which you received it/them. The return must be made by postal mail or by drop-off at a relay point.

As soon as you receive your order, it is your responsibility to keep our Products in accordance with the indications on the packaging. We cannot be held responsible for a defect that appeared due to poor conservation of the Products by you after delivery.

You have a period of two (2) years from delivery to act.

The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

When the contract for the sale of the good provides for the supply of digital content or a digital service continuously for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the entire period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to the repair or replacement of the good within thirty days following their request, free of charge and without major inconvenience to them.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the good, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer can obtain a reduction in the purchase price by keeping the good or terminate the contract with full reimbursement against return of the good, if:

1° The professional refuses to repair or replace the good;

2° The repair or replacement of the good occurs after a period of thirty days;

3° The repair or replacement of the good causes major inconvenience to the consumer, particularly when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if they bear the costs of installation of the repaired or replacement good;

4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has been unsuccessful.

The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period of immobilization of the good for repair or replacement suspends the guarantee that remained to run until the delivery of the repaired good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the consumer code).

Specific provisions applicable to the sale of video games on physical media on the Site pursuant to Articles L. 224-25-12 paragraph 2 and D. 211-3 of the French Consumer Code as well as Annex II to Article D. 211-3 of the Consumer Code

The consumer has a period of two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in case of appearance of a lack of conformity. For a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.

The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer can obtain a price reduction while keeping the digital content or digital service, or they can terminate the contract and be fully refunded in exchange for renouncing the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into conformity;

2° The bringing into conformity of the digital content or digital service is unjustifiably delayed;

3° The bringing into conformity of the digital content or digital service cannot be done without costs imposed on the consumer;

4° The bringing into conformity of the digital content or digital service causes major inconvenience for the consumer;

5° The non-conformity of the digital content or digital service persists despite the professional's attempt to bring it into conformity that has remained unsuccessful.

The consumer also has the right to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the bringing into conformity of the digital content or digital service beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the guarantee that remained to run until the supply of the digital content or digital service that is again compliant.

The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

The professional who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

Legal guarantee against hidden defects

We guarantee that the Products ordered on our Site are free from hidden defects.

You can decide to implement the guarantee against hidden defects under the conditions defined below:

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles to a price reduction if the good is kept or to a full refund against return of the good.

Specific provisions applicable to the sale of video games on physical media on the Site

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles to a price reduction if the digital content or digital service is kept or to a full refund against renunciation of the digital content or digital service.

Commercial and manufacturer warranties

The manufacturer and commercial warranties do not exclude the legal guarantee of conformity or that of hidden defects reproduced above.

The commercial and manufacturer warranties are valid for normal use of the Product(s) and do not cover, in particular:

  • Damage caused by external factors to the Product: negligence, misuse, shock or fall, improper connection, effects of electrical surges, insufficient protection against moisture, heat or frost, lightning, water damage, modifications, repairs or attempts made by a person not authorized by Games.fr and more generally damage of any nature whose origin is subsequent to delivery,
  • Damage suffered by the user due to malfunction of the Product(s), including any loss of operation, any commercial, financial or moral prejudice,
  • Loss, theft or breakage of the Product(s).

RESPONSIBILITY

The Products offered comply with French legislation in force. GAMES.FR's responsibility cannot be engaged for non-conformity of a Product with the legislation of another country; it is your responsibility to check if the Product is not prohibited for sale in your country.

We invite you to consult the description of each Product to know its characteristics.

While taking the greatest care in the accuracy, completeness and timeliness of the information put online as well as the descriptions of the Products and data available on the Site, GAMES.FR and the Site editor cannot be held responsible for non-substantial errors that may occur.

Similarly, although the photographs and other reproductions of the Products represent them faithfully on the Site - and this, within the limits of the technique and in compliance with the best market standards - they may nevertheless present non-substantial errors, which you acknowledge and accept.

You further acknowledge being perfectly informed that the photographs and texts illustrating the Products are likely to evolve without their modification being likely to engage the responsibility of GAMES.FR or the Site editor.

You are informed that GAMES.FR's responsibility cannot be engaged in the event that you judge the performance of our Products below your expectations.

You are invited to verify any information disseminated on the Site and to notify us of any possible error, omission or inaccuracy by email at the address: https://www.nacongaming.com/en-GB/contact

You remain the sole judge of the appropriateness and suitability of the Products you order for your needs and consumption.

Our Company cannot be held responsible for use of the Products that does not conform to their intended purpose.

INTELLECTUAL PROPERTY

Video games on physical media sold on the Site are subject to specific licenses and usage rules relating in particular to their exploitation, reproduction and use.

You must respect the general terms and conditions of sale, use and game regulations established by the publishers of these Products.

The Company cannot under any circumstances be held responsible for the use that could be made of these Products.

PERSONAL DATA

Personal data is processed according to the provisions of the Customer Personal Data Policy, available in "Privacy Policy" at the bottom of the nacongaming.com site and at the following link: https://www.nacongaming.com/en-GB/privacy-policy

DISPUTE RESOLUTION

These GTC are subject to French law.

In the event of a complaint not resolved amicably, you can submit the dispute relating to your order opposing you to GAMES.FR to the consumer mediator on which GAMES.FR depends (AME conso):

  • either by postal mail: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, accompanied by documents supporting your request.
  • or directly online: https://www.mediationconso-ame.com/demande-de-mediation-ame.html , by completing the form dedicated to this purpose made available to you, accompanied by documents supporting your request.

When a prior written complaint from you to GAMES.FR has not been successful, the Mediator Service can be seized for any consumer dispute. The methods of referral to the Mediator are accessible at the following address: http://www.mediateurfevad.fr/index.php/espace-consommateur/

You can also use the European online dispute resolution platform through this link: https://ec.europa.eu/consumers/odr

WITHDRAWAL FORM

You can use the following withdrawal form if you wish to exercise the right of withdrawal granted to you by the French Consumer Code.

[Please cut out, complete, and return the form below only if you wish to withdraw from the sale.]

NACON C/O GAMES.FR,
396-466 RUE DE LA VOYETTE
59273 FRETIN
FRANCE
emailxxxxxxxxxxxxxxxxxxxxxxx

I/we (*) hereby notify you of my/our (*) withdrawal from the sale of the Product referenced below:

Product Identification:

Order Number:

Ordered on:

Received on:

Name of buyer(s) (*):

Address of buyer(s) (*):

Date:

Signature of buyer(s) (*):

(*) Delete as appropriate.