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FR EN DE ES PT IT
Terms and conditions of sale
Version 7

Article no. 1 : INTRODUCTION

These Terms and Conditions of Sale (hereinafter the "TCS" or the "Contract") apply to all purchases of digital content not provided on a tangible medium (hereinafter the "Digital Content") between you (hereinafter "you" or the "User") and Ankama Games, a simplified joint stock company with its head office located at 75 Boulevard d'Armentières, 59100 Roubaix (France), registered with the Trade and Companies Register (RCS) of the Lille Metropolitan Area under number 492 360 730, and whose VAT number is FR55492360730 (hereinafter "Ankama", the "Company", "we" or "us").

The Digital Content governed by the present TCS is as follows:

  • Subscriptions to the video game DOFUS (hereinafter the "Subscription" or "Subscriptions");
  • WAKFU Booster Packs (hereinafter the "Booster" or "Boosters");
  • Credits exchangeable for game content or services (hereinafter the "Credits"); and
  • Game Elements (as this term is defined in Article 6.4 hereinafter).

By placing an order for one or more items of Digital Content on one of websites published by Ankama linking to these TCS (hereinafter the "Websites") or within one of the video games published by Ankama linking to these TCS (hereinafter the "Games"), including within Games available in the form of mobile applications provided by Ankama on mobile application downloading platforms (hereinafter the "Applications"), you undertake to comply with the TCS. 

The present stipulations are without prejudice to any mandatory legal provisions on such matters and specifically, those provided for in the applicable laws of your country of habitual residence.

Unless proven otherwise, data recorded by Ankama constitutes proof of all transactions between Ankama and you. The history of transactions made on the Websites and within the Games (excluding transactions made within the Applications) between Ankama and you may be consulted at any time on the "Account Management" page accessible from the Websites.

PLEASE NOTE: When you purchase Digital Content, you expressly agree that the Digital Content will be made available to you immediately, and you therefore expressly waive your right of withdrawal.
 

Article no. 2 : USER ACCOUNT

2.1 To purchase Digital Content, you must be the account holder of an Ankama account (hereinafter the "Account").

For more information on Account creation rules, please refer to Ankama's Terms of Use.

To make a purchase inside one of our Applications, you must also be the account holder for an account created with the mobile application downloading platform (hereinafter the "Application Platform" or the "Application Platforms") from which you downloaded the Application (e.g.  Google Play on Android or the App Store on iOS). For more information on account creation rules, please read the terms of use for these Application Platforms.

2.2 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence so requires, you have obtained permission from your legal representative (parent or guardian). You also acknowledge that you are legally able to enter into an agreement in accordance with the legislation, case law, and customs of your country of habitual residence.

2.3 For the purposes hereof, the meaning of "Account Closure" is as defined in Article 14 of the Terms of Use.
 

Article no. 3 : AVAILABILITY

Our offers of Digital Content are valid while visible on the Websites or within our Games. They may be withdrawn or modified at any time.

 

Article no. 4 : PRICE AND PAYMENT

4.1 You may purchase Digital Content using any of the payment methods offered by the Company. The available payment methods depend on the Digital Content you would like to purchase and your country of residence. Similarly, the price of an item of Digital Content may vary depending on the payment method selected and your country of residence. The Company shall not be held liable if one of the normally available payment methods for the Digital Content concerned is not available at the time of your order.

Some payment methods are managed by payment service providers for whom additional terms and costs may apply. Please review any such additional terms and costs before placing an order. You may also be required to create an account with such payment service providers (e.g. PayPal).

For orders via an Application, payments will be processed by the Application Platforms used.

4.2 Unless otherwise stated, prices are listed in the currency of your country of residence, and include taxes. They do not take into account any exchange rates or costs linked to specific payment methods. All costs arising from banking operations, especially international bank transfers, are your responsibility. If we do not receive the full payment for the Digital Content purchase, we will not be able to validate your order. In this case, we can give you the opportunity to either complete your payment or cancel your order. If you choose the latter, we will refund the payment(s) we had received from you for the order. The communication costs linked to purchasing and using Digital Content are the User's responsibility.

4.3 The Company may modify its rates at any time, without prior warning. However, in the event of payments using a non-instantaneous method (e.g. bank transfers), the applicable rate will be that in force on the day the order is placed.

4.4 You acknowledge that all payments you make on the Websites or within the Games, for yourself or any person you represent, are made with the authorization of the holder of the payment method used; failing this, the rules set forth by Article 4.5 shall apply. In any event, if you have not reached the age of majority in your country of habitual residence, you must obtain permission from your legal representative before making any payments on the Websites or within the Games, if applicable legislation, case law, or customs so require.

4.5 You acknowledge and accept that the Company is in no way liable for payments made fraudulently on its Websites and Games, irrespective of the payment method used. If it is transpires that you have made a fraudulent payment (i.e. without the free, informed consent of the holder of the payment method), Ankama reserves the right to sanction you and bring appropriate legal proceedings against you. Please note that you will find more information about non-financial sanctions in the Terms of Use and that these sanctions may include your Account being banned definitively.

Also, if you have provided your login details to a third party who then makes a fraudulent payment, Ankama may impose the same sanctions against you.

4.6 Some Digital Content may be purchased using Audiotel codes. You acknowledge that any person using Audiotel services is deemed to be the holder of the landline or cellphone subscription (hereinafter the "Subscriber") used to generate Audiotel codes, or is deemed to have obtained the Subscriber's permission. Audiotel codes and SMS (Short Message Service) messages are not provided by the Company, but by a third-party provider. Premium-rate calls and SMS messages from the subscriber's landline or cellphone to obtain Audiotel codes are billed by the telephone operator. Ankama shall not be held liable for any use made of the Subscriber's landline or cellphone, nor for any billing arising from such use. In the event of unauthorized use or hacking of the landline or cellphone, the Subscriber must contact their operator. Consequently, you acknowledge that the Subscriber is responsible for the use of the landline(s) on the subscription of which he/she is the holder.

4.7 In accordance with our Terms of Use, selling or trading Audiotel codes acquired on our Websites is strictly forbidden in our Games, on our forums, or anywhere else.
 

Article no. 5 : PURCHASE METHOD AND ORDER CONFIRMATION

5.1 For orders on our Websites:

After selecting an item of Digital Content on our Websites, you will be asked to log in to your Account. If this is your first payment on our Websites, Ankama will ask you to certify your Account. Please read our Terms of Use to find out more about Account certification.

Whatever Digital Content is selected, a summary of your order will be shown to you prior to confirmation.

You will receive e-mail confirmation that your order has been successfully placed.

5.2 For Orders Within Our Games (Excluding Orders Within Our Applications):

Certain Games have stores that allows you to purchase Digital Content using a bank card previously saved on your Account (see Article 5.7 below).

After selecting an item of Digital Content within an in-game store, you will be asked to pay for your order. If there are no bank cards saved on your Account, you will be automatically directed to our Websites in order to make the payment. If there is a bank card saved on your Account, you will have the opportunity (but not the obligation) to pay for your order using that card. You will be asked to enter a verification code before your order is validated.

You will receive e-mail confirmation that your order has been successfully placed.

5.3 For Orders Within Our Applications:

The process for validating, confirming and paying for an order depends on the Application Platform used and how you have configured your mobile device. Please read these platforms' terms of use and terms and conditions of sale for more information.

5.4 Your order is accepted and a contract is formed once we have sent you a confirmation e-mail or we have enabled access to the Digital Content. Except in the event of payments using a non-instantaneous method (e.g. bank transfers), the Digital Content is sold to you on a prepayment basis and, consequently, payment is due at the same time as the order and, in the event of automatic renewal of a subscription or Booster, and at the start of a new subscription or Booster period.

5.5 As part of any contract formed with a payment instrument that does not enable the irrevocable payment of the amount due when ordering, the contract will be automatically terminated ipso jure if the amount due is not cashed by us no later than ten (10) days following the date the contract was formed. 

5.6 As part of the fight against payment fraud, and with the intention of securing its customers' transactions, Ankama may ask you to provide proof of identity and/or proof of address before validating your order.

The order will be final only once Ankama has received these documents and a confirmation e-mail has been sent. If these documents are not received within the given time limit, or if these documents do not identify the person placing the order and/or his/her actual address with certainty, Ankama reserves the right to not accept the order.

Ankama also reserves the right to refuse an order if any previous order has not yet been paid in full, or in the event of an unusually high number of orders.

5.7 When placing your order on some Websites, you have the opportunity to save your bank card details so that you do not have to re-enter them the next time you place an order on certain Websites and/or Games.

Your bank card details are saved securely by our payment service provider.

You may at any time consult your list of saved bank cards in the Account Management section under "Payments", then "Manage my payment methods". You will then have the opportunity to delete any saved bank card(s).

Each time you wish to pay using a bank card already saved on your Account, you must enter a verification code. This verification code will be sent to you by e-mail or SMS, depending on the choice you made when you agreed to have your bank card details be saved. If you would like to modify this choice, you must go to the Account Management section, delete the saved bank card, then save it again, opting for the other security feature.
 

Article no. 6 : DIGITAL CONTENT

6.1 Subscription to the Video Game DOFUS

6.1.1 On the website www.dofus.com, the Company may offer Subscriptions to access the game DOFUS in its entirety.

6.1.2 To select a Subscription, you must go to the "Subscription" section of the website. You can then select the Subscription period you would like to purchase, log in to your Account, and choose your payment method.

6.1.3 You can check the status of your Subscription(s) in the Account Management section.

6.1.4 The start date for any Subscription is the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. payment by bank transfer), activation occurs only upon receipt and cashing of your payment by the Company.

6.1.5 Excluding special cases, the duration of a Subscription is calculated as follows:

  • 1 week = 7 days
  • 1 month = 30 days
  • 3 months = 90 days
  • 6 months = 180 days
  • 1 year = 360 days

6.1.6 The Subscription ends upon expiry of the subscription period selected by the User, unless Account Closure occurs before this date.

6.2 Boosters for the Video Game WAKFU

6.2.1 On the website www.wakfu.com or within the game WAKFU, the Company may offer Boosters that provide in-game benefits for a limited time. The various Booster categories and the benefits they provide are described in detail on the following link: https://www.wakfu.com/en/mmorpg/booster-benefits.

6.2.2 The start date for a Booster is the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. payment by bank transfer), activation occurs only upon receipt and cashing of your payment by the Company.

6.2.3 If you opt for a "single" Booster (i.e. without automatic renewal – see below), the Booster ends upon expiry of the chosen Booster's duration, unless Account Closure occurs before said expiry.

6.2.4 Conditions Specific to "Automatically Renewable" Boosters:

(a) You may opt for your Booster to be renewed automatically. In this case, your Booster will be automatically renewed for periods of the same length as the expired period until its cancellation or withdrawal in the conditions set forth in this Article. Subscribing to an automatically renewable Booster provides loyalty benefits and a discounted rate applicable from the second billing period. Please read the following page for more information: https://support.ankama.com/hc/fr/sections/360002690534-Paiement-r%C3%A9current.

(b) Ankama reserves the right to modify the price of its Boosters at any time. Ankama shall inform you of any increase in price in writing at least thirty (30) days before it comes into effect. If you do not agree to this price increase, you may cancel automatic renewal of your Booster under the conditions set out in (c). Failing such withdrawal, you are deemed to have agreed to this new price, which shall therefore be applicable as of the next Booster period following the date on which the price increase goes into effect.

(c) You may cancel automatic renewal of your Booster by clicking on the "Cancel" button (or equivalent) in the Account Management section, under "Payments", then "Manage my payments" (hereinafter the "Notification"). The Notification shall take effect at the end of the current Booster period provided Notification occurs, at latest, two (2) days before this date. If your Notification does not comply with this advance notice deadline, it shall take effect at the end of the following period. You may consult the date of your next Booster period from the Account Management section of the Website at any time.

(d) To modify your bank card details, you must go to the Account Management section, delete your saved bank card, then save a new card by placing a new order for an automatically renewable Booster.

(e) If we are not able to collect the full amount for your Booster (expired card, insufficient funds, etc.), you will cease receiving the benefits of your Booster and the automatic renewal of your Booster shall cease automatically. In order to retain your loyalty benefits, you must purchase an automatically renewable Booster within seven (7) of the date on which payment collection was rejected.

6.2.5 Account Closure automatically and instantaneously terminates your Booster subscription, whether single or automatically renewable, without any refund of the remaining Booster period, if applicable.

6.3 Credits

6.3.1 On its Websites and within the Games, the Company may allow you to purchase usage rights for Credits, notably for Ogrines (credits exchangeable for subscriptions, virtual items, or services that can be used within certain Games, including DOFUS, WAKFU, and KROSMASTER), Goultines (credits exchangeable for virtual items or services that can be used within the video game DOFUS TOUCH), and Krosmaga Kamas (credits exchangeable for virtual cards in the form of boosters or decks, and services that can be used within the game KROSMAGA). Credits allow you to access content made available to you by Ankama on the Websites and/or in certain Games.

By placing an order for Credits, you acknowledge that you have read and accepted Article 9 of our Terms of Use.

6.3.2 Conditions specific to Ogrines: In order to select Ogrines, you must go to the "Ogrines" section of the Websites. You can then select the number of Ogrines you would like to purchase, log in to your Account, and choose your payment method. You can consult your current Ogrine balance in the Account Management section of the Websites.

6.3.3 Credits are valid as soon as they are credited to your Account by Ankama and expire on the day of Account Closure.

6.3.4 Ankama may, at its sole discretion, decide to restrict the number of Credits that you may purchase at any one time and/or retain in your Account at any time.

6.3.5 Whatever the terminology used, Ankama only provides usage rights over Credits, and not ownership rights, which you expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and that they in no way constitute money or goods of any kind. You must in no way transfer, sell, or otherwise exchange (or attempt to do so) the usage rights for Credits outside the Websites, Games, and their rules.

6.4 Game Elements

6.4.1 Ankama may allow you to purchase usage rights over Game Elements, as defined hereinafter. Game Elements means all elements that we offer for you to purchase on the Websites or within the Games, including, but not limited to, virtual items, cards, customization elements, and services that can be used within the Games.

By placing an order for Game Elements, you acknowledge that you have read and accepted Article 5.4 of our Terms of Use.

6.4.2 Whatever the terminology used, Ankama only provides usage rights over Game Elements, and not ownership rights, which you expressly acknowledge. You acknowledge that the Game Elements are and remain the exclusive property of the Company. You acknowledge that the Game Elements have no financial value in the real world and that they in no way constitute money or goods of any kind. You must in no way transfer, sell, or otherwise exchange (or attempt to do so) the usage rights for Game Elements outside the Websites, Games, and their rules.

6.4.3 Please note that Game Elements may have an expiry date. In any case, as Game Elements are associated with your Account, you shall no longer have access to these elements in the event of Account Closure, for whatever reason, without you being able to claim any damages of any kind whatsoever.
 

Article no. 7 : REFUNDS – WITHDRAWAL

7.1 Refunds

Digital Content IS NON-REFUNDABLE, even in the event of non-use. Ankama is not liable for the User's errors or omissions.

7.2 Withdrawal

In accordance with applicable law, when you purchase Digital Content, you expressly agree that the Digital Content will be made available to you immediately. As a consequence, you expressly waive the right to exercise your right of withdrawal with regard to the purchase of Digital Content.

 

Article no. 8 : PERSONAL DATA

When you place an order on our Websites or within our Games, you may be required to provide us with personal information. For full information on how we handle this information, please read our Privacy Policy carefully; it can be found at the following link: https://account.ankama.com/en/privacy-policy.

 

Article no. 9 : CUSTOMER SUPPORT

The Support website (https://support.ankama.com/hc/en-us) is the preferred means of access to customer support (hereinafter the "Support"). To create a request on the Support website, you must create an assistance account by providing, in particular, a valid e-mail address. Your request will be saved in the form of a ticket (identified by a 7-digit number).

 

Article no. 10 : LIABILITY AND WARRANTY

10.1 DIGITAL CONTENT IS USED UNDER THE ENTIRE RESPONSIBILITY AND AT THE SOLE RISK OF THE USER.

10.2 DIGITAL CONTENT IS PROVIDED "AS IS", WITHOUT ANY GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLICIT. WITHIN THE LIMITS IMPOSED BY LAW, ANKAMA EXCLUDES ANY GUARANTEE REGARDING THE MARKET VALUE OF DIGITAL CONTENT, USER SATISFACTION, OR THE CONTENT'S CAPACITY TO FULFIL A SPECIFIC PURPOSE.

10.3 ANKAMA OFFERS NO GUARANTEE OR REFUND IN THE EVENT OF A PRICE REDUCTION OR A PROMOTIONAL OFFER.

10.4 ANKAMA SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, CESSATION OF OPERATIONS, LOSS OF DATA, LOSS OF CUSTOMERS, OR ANY PECUNIARY LOSS) ARISING FROM THE PURCHASE OF DIGITAL CONTENT.

10.5 ANKAMA SHALL NOT BE HELD LIABLE FOR DAMAGE CAUSED BY USE OF THE INTERNET, SUCH AS LOSS OF DATA, HACKING, VIRUSES, INTERRUPTION OF SERVICE, OR OTHER INVOLUNTARY PROBLEMS.

10.6 FURTHERMORE, ANKAMA SHALL NOT BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENT, SUCH AS: COMMUNICATION PROBLEMS CAUSED BY THE CUSTOMER'S INTERNET SERVICE PROVIDER (SLOW SPEED OR POSSIBLE INTERRUPTIONS), CONSTRAINTS AND LIMITS OF THE INTERNET, SPECIFICALLY REGARDING TRANSMITTING DATA VIA NETWORKS AND RECEIVING DATA, TECHNICAL PROBLEMS ENCOUNTERED BY ANKAMA'S HOST. FOR TECHNICAL REASONS, SPECIFICALLY INVOLVING MAINTENANCE OR NETWORK FAILURE, TEMPORARY INTERRUPTIONS OF SERVICES ARE POSSIBLE.

10.7 IN SOME COUNTRIES, THE LAWS IN FORCE PROHIBIT OR RESTRICT FREE ACCESS TO CERTAIN INTELLECTUAL WORKS; YOU UNDERTAKE TO VERIFY THAT, ACCORDING TO THE LAW OF WHERE THE ORDER WAS PLACED, THERE ARE NO SIMILAR PROHIBITIONS OR RESTRICTIONS CONCERNING THE DIGITAL CONTENT ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF THE DIGITAL CONTENT DOES NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.

10.8 ANKAMA'S LIABILITY SHALL NOT BE ENGAGED REGARDING THE DIGITAL CONTENT IF THE ORDER AND/OR HOW YOU USE IT ARE UNLAWFUL.

10.9 Some countries do not authorize liability limitations or exclusions. Therefore, the limitations or exclusions cited may not apply to you.

10.10 Subject to the aforementioned provisions, if Ankama is deemed liable regarding your use of Digital Content, the amount of indemnity you may claim is restricted to the amount you expressly paid for the Digital Content.
 

Article no. 11 : GENERAL PROVISIONS

11.1 Applicable law: The TCS are subject to French law.

11.2 Divisibility: If any provision or term in this Contract is determined to be illegal, invalid, or unenforceable, said provision or term shall be deleted without affecting the application of the other provisions.

11.3 Modification of the TCS: Ankama reserves the right to modify the content of the TCS at any time in order to keep them up to date with the Digital Content offered. The date of the most recent update at the bottom of these TCS indicates whether there have been any recent changes. The applicable terms and conditions of sale for any dispute concerning an order are therefore those in force on the date the aforementioned order is placed. In all other cases, modifications to the TCS apply ipso jure from their date of publication on the Websites.

11.4 Disputes: All disputes arising from the purchase and sale transactions entered into under these TCS, concerning their validity, interpretation, execution, termination, consequences, and results, and which cannot be resolved between Ankama and you, shall be subject to the relevant courts under the terms of common law.

The User is informed that, in the event of a dispute, he/she may resort to conventional mediation or any alternative form of dispute resolution.

For consumers in the European Union: The European Commission provides an online dispute resolution platform, available via the following link: http://ec.europa.eu/consumers/odr/.

 

BEFORE PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS OF SALE, AS WELL AS OUR PRIVACY POLICY.

Last updated: December 4, 2018