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Article no. 1 : INTRODUCTION

If You order physical products from the website www.ankama-shop.com, please refer to the General Conditions of Sale in the second tab of this document (by clicking on "T & C for real items" at the top of this page).


These General Conditions of Sale (hereinafter the “GCS” or the “Contract”) apply to all purchases and supplies of dematerialised products (hereinafter the “Dematerialised Product” or “Dematerialised Products”) or services (hereinafter the “Service” or the “Services”) concluded between You (hereinafter “You” or the “User”) and the company Ankama, identified in the Lille Metropole Trade and Companies Register at No. 437 785 223, or any of its subsidiaries (hereinafter jointly “Ankama”, the “Company” or “Us”).

The Dematerialised Products and Services governed by these General Conditions of Sale are as follows:
  • Subscription to DOFUS and WAKFU games
  • Ogrines
  • Krosmaster gaming objects and figurines
  • Digital magazines
  • Music downloads
  • Making available of the FLY’N video game
By placing an order for one or more Dematerialised Products and/or Services on one of the existing Ankama websites (currently: www.ankama.com, www.dofus.com, www.dofus-arena.com, www.wakfu.com, www.gobbowl.com, www.ankama-shop.com or www.krosmaster.com) or any future websites, hereinafter together the "websites" You hereby undertake to comply with these General Conditions of Sale.

CAUTION! These General Sales Conditions do not apply to the sale of physical products. Specific general conditions of sale, available in the second tab of this document, regulate the sale of said products.

These provisions are without prejudice to any binding legal requirements on such matters and specifically, those provided by the law applicable in Your country of normal residence.

Unless proved otherwise, data recorded by Ankama constitutes proof of all transactions concluded between Ankama and You. The history of transactions between Ankama and You may be consulted at any time on the website under Manage My Account.

The existence or absence of any cancellation period is stated for each of the Dematerialised Products and Services in Article 12 of these General Conditions of Sale.
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Article no. 2 : USER ACCOUNT

2.1 To make a purchase on our websites, You must open an Ankama account (hereinafter the “Account”). You can create an Account from the boxes provided on the websites, located under the heading “Create an account”. For more information on the rules of creating an Account, please refer to Ankama’s General Conditions for Use.

2.2 You acknowledge You are a physical person of majority age in Your country of normal residence or that You have obtained the authorisation of Your legal representative (parent or guardian) if You are a minor. You also acknowledge that legally, You are capable of entering into a contract according to the law in Your country of normal residence.
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Article no. 3 : AVAILABILITY

Our offers of Dematerialised Products and Services are valid while visible on the websites. They may be withdrawn or amended at any moment.

The non-availability of a Dematerialised Product or Service shall not give rise to any entitlement to compensation, except for a refund of sums already paid if an order is cancelled.
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Article no. 4 : PRICE AND PAYMENT

CAUTION! Some Dematerialised Products and Services may be purchased in exchange for Ogrines (see Article 7). The provisions of this Article are not applicable in the event of acquisition of Dematerialised Products and/or services in exchange for Ogrines.

4.1 On the websites www.ankama.com, www.dofus.com, www.dofus-arena.com, www.wakfu.com et www.gobbowl.com, the payment service is provided and operated by Ankama Games, 75 Bd Armentières, 59100 Roubaix, France.

4.2 You can purchase Dematerialised Products and Services using any of the payment methods offered by the Company. The payment methods available depend on the Dematerialised Products and Services You wish to purchase and Your country of residence. Also, the price of a Dematerialised Product or Service may vary depending on the payment method selected. The Company shall not be liable if one of the normally used payment means available for the Dematerialised Product or Service concerned is not available at the time of Your order.

4.3 Unless stated, the prices are listed in the currency of Your country of residence, and include taxes. They do not take into account exchange rates or any costs linked to specific payment methods. The communication costs linked to purchase and use of Dematerialised Products and Services are the User’s responsibility.

4.4 The Company may at any time modify its rates, without prior warning. However, in the event of payment by non-instantaneous means (for example, cheque), the applicable rate will be that for the day You made a payment, provided payment is made in full within five (5) business days.

4.5 You acknowledge that all payments You make on the Website for Yourself, or any person You represent, are made with authorisation of the holder of the payment means used; in default the rules at Article 4.7 shall apply. In any event, if You have not attained majority age in Your normal country of residence, You must obtain the authorisation of Your legal representative before making any payments via the Websites.

4.6 The Company offers various payment means, some of which are managed by companies which are third parties to the relationship between Ankama and Yourself.

4.7 You acknowledge and accept the Company is under no circumstances liable for payments made fraudulently on its Websites, irrespective of the payment means used. If it appears You made a fraudulent payment, that is without the free informed consent of the owner of the payment means, Ankama reserves the right to impose penalties and bring legal proceedings against You. These sanctions may include the permanent suspension of Your Account.

Also, if You have notified Your identifiers to a third party making a fraudulent payment, Ankama may impose the same sanctions on You.

4.8 Some Dematerialised Products and Services can be purchased in exchange for Audiotel codes.

You acknowledge that any person using Audiotel services is deemed to be the owner of the land line or mobile phone subscription (hereinafter the “Subscriber”) used to generate the Audiotel code or is deemed to have obtained the Subscriber’s agreement. The Audiotel codes and SMS (Short Message Service) are not provided by Ankama Games, but by a third party company.

Calls and SMS which are subject to additional charges from the subscriber’s landline or mobile with a view to obtaining the Audiotel codes, are invoiced by the telephone operator. Ankama shall not be liable for use made of the Subscriber’s landline or mobile phone, or any resulting invoices.

4.9 Pursuant to our General Conditions of Use, the sale of Audiotel codes is strictly prohibited and may give rise to penalties affecting Your Account.
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Article no. 5 : PURCHASE AND ORDER CONFIRMATION

5.1 The method for selecting the Dematerialised Products or Services You wish to buy varies depending on the situation. The method is detailed below for each Dematerialised Product and Service.

5.2 After selecting a Dematerialised Product or Service You will be requested to identify Yourself through Your Account. You must be an Account holder if You wish to purchase from our Website (see Article 2). If this is Your first payment on our Website, Ankama will ask You to certify Your Account. Please read our General Conditions of Use to learn more about Account certification.

5.3 Whatever the Dematerialised Product or Service selected, a summary of Your order will be given prior to confirmation.

5.4 You will receive confirmation that Your order has been registered by email.
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Article no. 6 : SUBSCRIPTION TO DOFUS AND WAKFU GAMES

6.1 Non-recurrent Subscription


6.1.1 On the websites www.dofus.com and www.wakfu.com, the Company may offer Subscriptions to access all DOFUS and WAKFU games (hereinafter the “Subscription” or “Subscriptions”).

6.1.2 To select a Subscription, go to the item “Subscription” for the websites www.dofus.com and www.wakfu.com. You can then select the Subscription period You wish to purchase, identify Your Account and chose Your payment means.

6.1.3 You can consult the status of Your Subscription(s) in the Account Management section of the Website.

6.1.4 The start date for a Subscription is the precise moment of its activation on the Company’s servers. If payment is instantaneous (for example bank card), activation is immediate. In all other cases (for example payment by cheque or bank transfer), activation occurs only on receipt and cashing of Your payment by the Company.

6.1.5 Excluding special circumstances, 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 on expiry of the Subscription period selected by the User.

6.1.7 The price of the Subscription depends on the length of the Subscription, the payment means selected and Your country of residence. The availability of payment means may vary depending on Your country of residence and the length of subscription You select.


6.2 Special conditions for Recurring WAKFU Subscriptions


6.2.1 On the website www.wakfu.com, the Company may offer recurring WAKFU subscriptions (hereafter the « Recurring WAKFU Subscription ») for a length of thirty (30) days.

6.2.2 To select a Recurring WAKFU Subscription, go to the item “Recurring Subscription” for the website www.wakfu.com. You may identify Your Account and chose Your payment means.

6.2.3 If you choose a Recurring WAKFU Subscription, you must pay a recurring subscription fee (hereafter the “WAKFU Subscription Fee”). Fee rates will be posted at http://www.wakfu.com/en/mmorpg/boutique/1-premium-membership. The Company may change Fee rates at any time in its sole discretion upon reasonable efforts to provide notification to you. The new Fee rates become effective only for your next billing cycle. If you disagree with those changes, you may cancel your Recurring WAKFU Subscription. Please note that your cancellation has to be made before the coming into force of the fee changes, otherwise you will be deemed to have accepted those modifications. All WAKFU Subscription Fees are billed in advance.  All WAKFU Subscription Fees are non-refundable, with the limited exception in Section 6.2.7 below.  

6.2.4 The recurring WAKFU Subscription Fee will be charged in full at the beginning of each billing cycle (hereafter the “Billing Cycle”).  Your Subscription is set to renew automatically, for the same subscription period that you agreed when you chose the Recurring WAKFU Subscription, that is to say 30 days.

All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle that charge is non-refundable, subject to the limited exception in Section 6.2.7 below.  You agree to pay the appropriate amount each Billing Cycle until you cancel your recurring payment by following the procedures explained at the Section 6.2.8.  The fact that you don’t play during your Billing Cycle does not entitle you to request a refund or reimbursement of the value of your Subscription.

6.2.5 Automatic payment date will take place at anniversary date after 0:00. When anniversary date falls on a 29th, 30th or 31st, which does not exist in this month, billing will take place on the 1st day of the following month.

6.2.6 If the attempt of the Company to charge/debit your preselected payment method fails, you can no longer access the full version of the Game WAKFU when your Recurring WAKFU Subscription expires until you resolve the issue.  If you have lost access, your next Billing Cycle will begin on the date you successfully pay.  The Company does not charge late fees or interest for access the Game. Even if your Recurring WAKFU Subscription expires, you can still play a limited version of the Game WAKFU with free-to-play access.

6.2.7 Subscriptions to the next Billing Cycle are paid upfront in full amount.  All charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by the Company.  Therefore, if you cancel your Recurring WAKFU Subscription in the middle of a Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.

6.2.8 You may cancel your Recurring WAKFU Subscription at any time up to 24 hours prior to the end of the current Billing Cycle by clicking on button “Stop” or equivalent on Account management page. If you believe that you have been accidently charged by the Company after you deactivated, please contact Support as indicated in Article 14 for a refund upon confirmation.

If you don’t cancel your Recurring WAKFU Subscription 24 hours before the end of the current Billing Cycle, a new Billing Cycle will begin and the WAKFU Subscription Fees will be automatically charged on your preselected payment method. Remember that each Billing Cycle started will be due and will not be reimbursed.

6.2.9 You may reactivate your Recurring WAKFU Subscription at any time, so long as the Game WAKFU is still made available by the Company and account-related data has not been deleted or corrupted.  If you reactivate your Recurring WAKFU Subscription prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another WAKFU Subscription Fee for that period.  Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your WAKFU Service Account (subject to adjustment by the Company).

6.2.10 If you have chosen to pay by Credit/Debit Card, you may update your Credit/Debit card data on Account management page.
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Article no. 7 : OGRINES

7.1 On the Websites (notably www.dofus.com, www.wakfu.com, www.dofus-arena.com and www.gobbowl.com), the Company may offer Ogrines. The Ogrines are a system of points, stored on servers, managed by Ankama in the form of data, so that notably:
  • In the game DOFUS, to subscribe, and to purchase DOFUS services (notably to change colours, the name and sex of a character or to create more characters per Account), to exchange them for Kamas in the Market Place or purchase objects that can be used in the game;
  • In the ARENA game, to purchase Boufteurs and Kards and tickets for Tournaments;
  • In the GOBBOWL game, to create a personal team, purchase services and Gobbowl tournament tickets.
  • In the WAKFU game, to subscribe and purchase items that can be used in the game in the WAKFU shop (for more information on the WAKFU shop, see the “Shop” item on the Support website)
  • To purchase magazines in electronic format
7.2 To select Ogrines, You must enter the “Ogrines” section in the Websites. You can then select the number of Ogrines You wish to purchase, identify Your Account and chose Your payment means.

7.3 You can consult the status of Your Ogrines in the Account Management section of the Website.

7.4 Ogrines have a lifetime of sixty (60) days to which is added one (1) day of life for every one hundred (100) Ogrines purchased (for example if You buy 30,000 Ogrines, Your Ogrines will be valid for 360 days). These periods are not cumulative. Each batch of Ogrines has its own lifetime.

7.5 The Ogrines You purchase are sometimes “linked” to Your Account for a maximum period of seven (7) days following the date of their purchase. A linked Ogrine cannot be exchanged with another player (for example: in the Market place of the DOFUS game). On the other hand, You can enjoy all the services offered by the Company in exchange for Ogrines, which do not involve other players (for example: buying a subscription, objects for the game etc.)

The date of the end of the link with the Ogrines is indicated on the Websites Account Management page under the heading “My Ogrines”.

CAUTION! If You obtained Ogrines in the Market Place, when exchanging them against “Kamas”, Your Ogrines are permanently linked to Your Account, so You cannot reuse them in the Market Places.

7.6 The start of the lifetimes of the Ogrines is fixed at the moment of payment validation. If payment is instantaneous (for example bank card), activation is immediate. In all other cases (for example payment by cheque or bank transfer), validation occurs only on receipt and cashing of Your payment by the Company.

7.7 The price depends on the number of Ogrines bought, the payment method selected and Your country of residence. The availability of payment means may vary depending on Your country of residence and the length of subscription You select.

7.8 The purchase of Ogrines is exclusively through services approved and provided by the Company.

In consequence, You must refrain from acquiring Ogrines from any other source.

7.9 Ogrines are linked to Your Account. You acknowledge Ogrines are and shall remain the exclusive property of the Company.

7.10 Ankama may, at its sole discretion, decide to restrict the number of Ogrines You can purchase on a single occasion and/or retain in Your Account at any moment.

7.11 You acknowledge the Ogrines have no financial value. It is strictly prohibited to exchange them for money. In general, loaning, sharing, exchanging, giving, purchasing, transfer and sale of Ogrines is strictly prohibited and may give rise to penalties affecting Your Account.
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Article no. 8 : GAMING OBJECTS AND KROSMASTER FIGURINES

8.1 On the websites www.dofus.com, www.wakfu.com and www.krosmaster.com, the Company allows You to purchase virtual objects (hereinafter “Object in play” or “Objects in play”) or Krosmaster virtual figurines (hereinafter the “Figurine” or the “Figurines”) for the DOFUS, WAKFU and KROSMASTER ARENA games, in exchange for Ogrines. Objects in play and Figurines are stored on servers managed by Ankama in data form.

8.2 To select an Object in play or a Figurine, please visit:
  • “Subscription” on the website www.dofus.com then “The Great Bazaar”
  • "Shop" in the website www.wakfu.com then click on “Objects in play”
You can directly purchase Your Object in play or Your Figurine by clicking on “Release” on their presentation page. By clicking on “Add to basket” You can also, place the Object in play or the Figurine in a basket. You may, at any time, display Your basket and complete Your order.

You may, at any time, display Your basket and complete Your order.

8.3 You acknowledge and accept the Figurines are attributed randomly and the probability of obtaining them varies according to the Figurine.

8.4 Objects in play and Figurines cannot be acquired in exchange for Ogrines. Ankama reserves the right to modify at any time the quantity of Ogrines necessary to acquire objects in play and Figurines without any prior warning. On confirmation of Your order, the quantity of Ogrines necessary to purchase the Object in play or the Figurine will be directly and definitively debited from the Ogrines balance of Your Account.

8.5 The purchase of Objects in play and Figurines is made exclusively through the Websites. In consequence, You must refrain from acquiring Objects in play or Figures from anywhere apart from these Websites.

8.6 Objects in play and figurines are linked to Your Account. You acknowledge Ogrines are and will remain the exclusive property of the Company. Provision of Objects in play and Figurines by the Company is strictly personal and limited to the gaming experience in DOFUS, WAKFU and KROSMASTER ARENA. The Company transfers to You exclusively a right to use the Object in play or the Figurine, and there is no transfer of ownership as You expressly acknowledge and accept. Therefore, the right to use the Object in play or the Figurine will expire when You close Your Account, for whatever reason.

8.7 You acknowledge that Objects in play and Figurines have no financial value. It is strictly prohibited to exchange them for money. In general, loaning, sharing, exchanging, giving, purchasing, transfer and sale of Objects in play is strictly prohibited and may give rise to penalties affecting Your Account.

8.8 The Company may, at any time, modify the characteristics of Objects in play and Figurines, notably with a view to achieving a balance, without any reimbursement being due.

8.9 The Company shall not exchange or replace Objects in play or Figurines.
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Article no. 9 : DIGITAL MAGAZINES

9.1 The Company may offer digital magazines on its Websites (hereinafter, the “Magazine” or “Magazines”) in exchange for Ogrines.

9.2 The Magazines are solely payable for in Ogrines. Ankama reserves the right to modify at any time the quantity of Ogrines necessary for the purchase of the Magazines. Upon your confirmation of your order, the quantity of Ogrines necessary for the purchase of the Magazine shall be directly and definitively debited from the balance of Ogrines in your Account.

9.3 By clicking on the heading or the visual of a Magazine, You access its presentation page. You will have free access to some pages of the Magazine, which will allow you, in particular, to verify that your IT equipment permits the digital consultation of our Magazines (for more information, see Article 9.4).

You may purchase the Magazine directly by clicking on the “Buy” button on the presentation page of the Magazine.

You may also choose the Magazine by placing it into your shopping basket by clicking on “Add to basket”. You can view your basket at any time and terminate your order.

9.4 Digital consultation
The purchase of a Magazine allows the digital version to be consulted thanks to a viewer without You having the possibility of printing it or downloading it except in the case stipulated in Article 9.5. The consultation of the Magazine is accessible in the “Account Management” section under the tab “Media” or directly on the website from which You have purchased the Magazine.

You must imperatively be connected to your Account to access the digital consultation.

Once You purchase the Magazine, its consultation is immediately available without restriction of duration, as long as your Account has not been closed for any reason whatsoever and for as long as Ankama provides the Service.

The consultation of the Magazines requires the installation of an updated version of Adobe Flash Player.

An internet connection is necessary to access the viewer. All the telecommunications costs during access to internet and the use of the Websites are paid by you. Ankama cannot be held responsible in the event of incompatibility of the de la consultation of Magazines with a mobile telephone or a digital tablet.


The digital consultation of the Magazines is normally accessible 24 hours per day, 7 days per week throughout the year. Nevertheless, Ankama reserves the right, for reasons of maintenance, tests, security, repairs or of any other kind, without notice and without indemnity, to temporarily close access thereto and shall not be liable for damage of any kind that may occur because of this.

9.5 Downloading
One month after the purchase of the Magazine, You will have ability to download the Magazine in PDF format. A link permitting access to the downloading will be sent to you by e-mail or by any other means deemed suitable.

Ankama cannot be held liable if the information provided at the time of the creation of your Account and, in particular, your e-mail address, are or shall become erroneous. You must thus make sure that your e-mail address is valid. You can verify and/or modify your e-mail address under the heading “Account Management” of the Websites. To modify it, You must know the answer to your secret question.

In order to view the Magazine in PDF format, You must have the Adobe Acrobat Reader. Adobe Acrobat Reader software may be downloaded free of charge from the Adobe site.

You must make sure that the digital files ordered are compatible with your equipment
.

9.6 All the texts, images and illustrations contained in the Magazines are covered by French and international legislation concerning copyright and intellectual property. All the rights of reproduction are strictly reserved. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction or representation of the Magazines or of all or part of the elements contained in the Magazines for purposes other than its use in conformity with its purpose is strictly forbidden, even with the mention of its provenance, and shall be deemed to be a breach of copyright that can be the subject of criminal proceedings. Any resale, exchange, renting of files or transfer to a third party is strictly forbidden. You expressly undertake to keep confidential the downloading link which shall be sent to you and not to disclose it in any form whatsoever to a third party.

Except with the prior, written authorization of Ankama, the files containing the Magazines cannot:
  • Be hosted (as a file or web page, in all or in part) on a public or private server other than that of Ankama;
  • Serve as a working basis for another file then modified by any means.
All the trademarks shown on the Websites or in the Magazines are trademarks filed and/or registered par Ankama. You cannot use these trademarks without the prior, written authorization of Ankama. The other trademarks shown on the Websites or Magazines, not belonging to Ankama, belong to their respective holders.
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Article no. 10 : DOWNLOADING MUSIC

10.1 On the Website www.ankama-shop.com, the Company may offer a music downloading service (hereinafter, the Downloading Service”).

10.2 Click on the title or the icon for an album or a song to access the presentation page. You can then add the item to Your basket. You may, at any time, display Your basket and complete Your order.

10.3 Full payment entitles You to read and transfer the downloaded files on Your audio devices without limitation, but exclusively for private use. Under no circumstances may the right be transferred to a third party without the prior authorisation of Ankama.

10.4 After confirmation of Your order and payment, You will receive an e-mail link to “Your downloads” in Your account.

Remember, You may activate a download link three times only.

10.5 We undertake to exchange any damaged files. In this case, please inform us in detail as promptly as possible by notifying customer services, using the procedures in Article 14 of these General Conditions of Sale.

Ankama will replace the damaged file(s) provided the damage is Ankama’s liability (see Article 15). In any event, You benefit from the legal conformity and hidden defects guarantees, according to the laws in force.

Products are replaced as promptly as possible and at the latest within 30 days following exercise of the right.

10.6 All music files offered on the Download Service are covered by French and international legislation on copyright and intellectual property rights. All rights of reproduction and representation are strictly reserved. In this regard, and pursuant to the provisions of the French Code of Intellectual Property, exclusively private use is permitted subject to other possibly more restrictive provisions in the Code of Intellectual Property. Any total or partial reproduction or representation of the music files for purposes other than the permitted use is strictly prohibited, including when stating the source, and shall be considered as a violation of copyright liable to civil and/or criminal penalties. Any resale, lending or leasing of the files or their transfer to third parties is strictly prohibited.

If the music files accessible in the context of the Download Service incorporate identification and/or technical measures to control and restrict their use, or to protect them against third party violation, You undertake not to damage said statements or measures, and/or not to amend or eliminate them.

You undertake to refrain from seeking to evade or modify software necessary to use the Downloading Service, to refrain from violating these General Conditions of Sale and from concealing, modifying or deleting any information regarding the rights over music files, or from inciting or assisting third parties to carry out such acts.

Except by prior written authorisation of Ankama, music files shall not be:
  • Hosted (as a file or web page, in whole or in part) on a public or private server other than that of Ankama;
  • Used as a working basis for another file which is subsequently modified using any means.
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Article no. 11 : PROVISION OF THE FLY’N VIDEO GAME

11.1 On the Website www.ankama-shop.com, the Company may offer a service to provide the FLY’N video game (hereafter the "FLY’N game") by supplying a Steam activation key (hereafter the "Activation key"). The Activation key can only be used on the Steam download platform (http://store.steampowered.com/). It lets you download and install the FLY'N game on this platform. The FLY'N game cannot be downloaded and installed from any platform other than Steam.

11.2 Clicking the title or the picture of the FLY'N game will take you to its presentation page. You can then add it to your basket. You can view your basket at any time and complete your order.

11.3 You recognize and accept that by buying an Activation key you will receive the FLY'N game in the form of a computer file via the Steam download platform. Consequently you will not be sent any physical medium (DVD-ROM or CD-ROM).

11.4 You will be sent the Activation key by e-mail within no more than twenty-four hours of your payment being cleared. If your payment is instantaneous (for instance payment by bank card), it will be cleared immediately. In all other cases (for instance payment by cheque or bank transfer), it will only be cleared when we receive and collect your payment. We shall not be liable if the information provided when your Ankama account was created, your e-mail address in particular, is or becomes incorrect. Please ensure that your e-mail address is valid. You can check and/or modify your e-mail address in the Account management section of the Websites. To modify it, you need to know the answer to your secret question.

11.5 You need an Internet connection to activate the Activation key and install the FLY'N game. You incur all telecommunications costs. Moreover, we specify the minimum configuration needed to install the FLY'N game prior to acquisition of the Activation key. You should check that your computer hardware is compatible before ordering. No refund can be paid if your hardware is incompatible.

11.6 You must create a Steam account and install the Steam client software to be able to download and install the FLY'N game and access it. You will automatically be e-mailed step-by-step instructions for activating the FLY'N game after your order. You can also read the section devoted to the FLY'N game on the Support site. In creating an account on Steam, installing the Steam client software and activating your Activation key, you agree to accept the Steam Subscription Agreement (hereafter the "SSA"). Please go to www.steampowered.com/agreement and read the SSA before purchasing. You should also check the minimum configuration needed to install the Steam client software. No refund can be paid if your hardware is incompatible.

11.7 In activating the Activation key you acquire a limited, non-exclusive, non-transferable and personal licence to use the FLY'N game and you agree to use it in accordance with the SSA. The FLY'N game and its installation software are reserved for strictly personal use and on no account may you use it for commercial purposes. All rights pertaining to the FLY'N game and its components belong to the Company and are protected by French and international copyright and intellectual property laws.
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Article no. 12 : REFUNDS – CANCELLATION

12.1 Refunds

 
Dematerialised Products and Services shall NOT GIVE ENTITLEMENT TO ANY REFUND, even in the event of non-use, unless otherwise provided in this Agreement (notably Article 12.2.3). Ankama is not liable for the User’s errors or omissions.


12.2 Cancellation


12.2.1 The right of cancellation is not applicable if You have purchased Dematerialised Products and/or Services in exchange for Ogrines. In fact, there is no sale but an exchange of points for a Dematerialised Product or Service. These exchanges are firm and final.

In consequence, there is no right of cancellation for the Dematerialised Products and Services hereunder:
  • Subscriptions, if acquired using Ogrines
  • Objects in play and Krosmaster Figurines
  • Digital magazines
12.2.2 Concerning payments by Audiotel, SMS and Mistercash services, there is no right of cancellation since these are services of which execution commenced prior to the end of the cancellation period. Since Audiotel, SMS and Mistercash are instantaneous services, they are deemed activated once You obtain them.

In consequence, there is no right of cancellation for Subscriptions and Ogrines purchased using Audiotel, SMS and Mistercash services.

12.2.3 In all other events, You are entitled to cancel orders for Dematerialised Products and Services within seven (7) clear days. The deadline is calculated from the day after acceptance of the offer. If payment is instantaneous (for example, payment by bank card), acceptance of the offer is deemed made when Your purchase is confirmed. In all other cases, acceptance of the offer is deemed made when the Company becomes aware of it, that is, for payments by cheque, on the day of receipt of the cheque and for payment by bank transfer, the day of receipt of the transfer. If the deadline of seven (7) days expires on a Saturday, Sunday or a public or other holiday, it is extended to the next business day.

The faculty of cancellation is exercised via our Customer Support service. You can contact Customer Support by the methods in Article 14 of these General Conditions of Sale. In this case, sums paid and cashed by Ankama will be refunded, at the latest thirty (30) days following exercise of the right of cancellation.

ON THE OTHER HAND, except for more favourable laws in Your normal country of residence, there is no cancellation period for services of which execution has commenced prior to the end of the cancellation deadline. Therefore, provision of the service is deemed to have commenced in the following situations:
  • For Subscriptions, once You connect to the game or distribute the gift associated with the Subscription and/or use the token for Lotto;
  • For Ogrines, once You use all or some of the Ogrines;
  • For the Music File Download Service, once You begin to download Your music file;
  • For the game FLY’N, once the email containing the Activation Key has been sent to You.
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Article no. 13 : PERSONAL DATA

Personal data may be collected about You by Ankama when creating and certifying Your Account. For any information on the processing Your personal data, please see our General Conditions of Use, Confidentiality Policy and the text on Payments and Security.
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Article no. 14 : CUSTOMER SUPPORT

14.1 The Customer Support website is the preferred means for accessing our customer services (Support).

14.2 Use of Customer Support is by email or ticket. Requests by email are recorded under an identifier called the “ticket number”.

14.3 You can also contact Customer Support by:
  • Post at the following address:
ANKAMA
Support Client
BP 60403.
59057 Roubaix Cedex 1
  • Telephone 03 20 36 36 09 (local call) for all questions concerning after-sales services.
14.4 To contact Customer Support, You must have an Account and identify Yourself.
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Article no. 15 : LIABILITY AND GUARANTEE

15.1 USE OF DEMATERIALISED PRODUCTS AND SERVICES IS MADE UNDER THE ENTIRE RESPONSIBILITY AND AT THE SOLE RISKS OF THE USER.

15.2 DEMATERIALISED PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE OF ANY NATURE, WHETHER EXPRESS OR IMPLICIT. WITHIN THE LIMITS IMPOSED BY LAW, ANKAMA EXCLUDES ANY GUARANTEE ON THE MARKET VALUE OF DEMATERIALISED PRODUCTS AND SERVICES, USER SATISFACTION OR THEIR CAPACITY TO FULFIL A SPECIFIC PURPOSE.

15.3 ANKAMA PROVIDES NO GUARANTEE OR REFUND SHOULD PRICES FALL OR IN THE EVENT OF A PROMOTIONAL OFFER.

15.4 ANKAMA SHALL NOT BE LIABLE, IN ANY WAY WHATSOEVER, FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT RESTRICTED TO ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, CESSATION OF OPERATION, LOSS OF DATA, LOSS OF CUSTOMERS OR ANY PECUNIARY LOSS) ARISING FROM PURCHASE OF THE DEMATERIALISED PRODUCTS AND/OR SERVICES.

15.5 THE LIABILITY OF ANKAMA SHALL NOT BE INCURRED FOR DAMAGE CAUSED BY USE OF THE INTERNET, SUCH AS LOSS OF DATA, HACKING, VIRUSES, INTERRUPTION OF SERVICE, OR OTHER ACCIDENTAL PROBLEMS.

15.6 ANKAMA SHALL NOT MOREOVER, BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DEMATERIALISED PRODUCTS AND SERVICES, SUCH AS: COMMUNICATION PROBLEMS CAUSED BY THE CUSTOMER’S INTERNET SERVICE PROVIDER (SLOW SPEEDS OR POSSIBLE INTERRUPTIONS), CONSTRAINTS AND LIMITS OF THE INTERNET, SPECIFICALLY REGARDING TRANSMITTING DATA VIA NETWORKS AND RECEIVING DATA, TECHNICAL PROBLEMS ENCOUNTERED BY THE HOST FOR ANKAMA. FOR TECHNICAL REASONS, SPECIFICALLY MAINTENANCE OR A FAILURE OF THE NETWORK, TEMPORARY INTERRUPTION OF SERVICES IS POSSIBLE.

15.7 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 WHERE THE ORDER WAS PLACED, THERE ARE NO SIMILAR PROHIBITIONS OR RESTRICTIONS CONCERNING THE DEMATERIALISED PRODUCTS OR SERVICES ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF DEMATERIALISED PRODUCTS AND SERVICES DO NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.

15.8 THE LIABILITY OF ANKAMA FOR DEMATERIALISED PRODUCTS AND SERVICES SHALL NOT BE INCURRED IF THE ORDER OR THE USE YOU MAKE OF THE PRODUCTS AND SERVICES IS UNLAWFUL.

15.9 Some countries do not authorise liability limitations or exclusions. Therefore, the limitations or exclusions may not apply to You.

15.10 Subject to the aforementioned provisions, if the liability of Ankama is incurred regarding Your use of the Dematerialised Products and Services, the amount of indemnity which You may claim is restricted to the amount You expressly paid for the Dematerialised Product(s) and/or Service(s).
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Article no. 16 : MISCELLANEOUS PROVISIONS

16.1 Applicable law: These General Conditions of Sale shall be governed and interpreted entirely according to the laws of Your country of normal residence.

16.2. Divisibility: If any of the conditions or terms in this Agreement is considered illegal, invalid or inapplicable, the condition or term shall be deleted without prejudice to application of the other provisions.

16.3. Amendment of the General Conditions of Sale: Ankama reserves the right, at any time, to amend the contents of the General Conditions of Sale to keep them up to date with the Dematerialised Products and Services offered. The date of the last update at the bottom of these General Conditions of Sale will indicate whether there have been any recent amendments. Amendments to the General Conditions of Sale apply by right from the date of their publication on the Website.


BEFORE PLACING AN ORDER, YOU MUST ACKNOWLEDGE YOU HAVE READ AND ACCEPTED THESE GENERAL CONDITIONS OF SALE AS WELL AS OUR CONFIDENTIALITY POLICY.

Last update: March 2013
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Article no. 1 : INTRODUCTION

If You are ordering a Subscription, Ogrines, products or services in exchange for Ogrines, downloading music or for the video game Fly’n, please refer to the General Conditions of Sale shown in the first tab of this document (by clicking on “T&C for virtual items” at the top of this page).


The present Terms and Conditions ('The TAC') settle commercial relations ('The contract') between AKM Distribution ('We') and any visitor or customer ('You') of the http://www.ankama-shop.com website ('The Website') who might buy products or services ('The Products') for sale.

The TAC are available at any time on The Website when clicking on 'Terms & Conditions' or 'TAC'. The TAC may change at any time. In case of a dispute about an order the applicable terms and conditions are those that were in force when the order was placed. In any other case, changes are applicable immediately after they are published on The Website.

You must accept all present terms and condition as well as the Terms and Conditions of Use to carry on. May you not accept them, you won't be able to continue nor place an order.

CAUTION!: These General Sales Conditions do not apply to the sale of dematerialised products and services. Specific general conditions of sale, available in the second tab of this document, regulate the sale of said products and services.
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Article no. 2 : BUYER'S QUALITY

To place an order, you must have reached the legal majority of age in your country, that is at least 18 years old. You mustn't have legal incapacities. In case of non-respect, your legal representative (parent, supervisor, etc...) shall be prosecuted.
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Article no. 3 : AVAILABILITY OF THE PRODUCTS

Except conflicting mentions, all Products on the Website are available. In case of unavailability of the products ordered, we shall advise you by email. We shall propose you other Products to replace those ordered or estimate the delay until the arrival of the Products. May you refuse, we will carry out the cancellation of your order and, if need be, your refunding. The absence of response from you within 7 days will be regarded as a refusal. The unavailability of a Product does not give right to any compensation, except the refunding of the amount paid in the event of cancellation of the order.

Magazine subscription offers and any associated gifts may be changed without warning, notably if the product in question is out of stock. Should this occur, you may be offered a different product worth the same amount.
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Article no. 4 : PRE-ORDER

Some items may be available for pre-order on the Website depending on their official release date. The release date will be announced when the item becomes available for pre-order. Being solely responsible for marketing our products, we reserve the right to modify the release date at any time.

In the event that items are pre-ordered on the site, the entire order will be held until the item or items become available. In the event that the order includes one (or more) pre-ordered item or items and one (or more) item or items already available on the Website, the entire order will be put on hold and will not be shipped until all of the items are available. You must create two separate orders on the Website if you want to receive the item(s) that are available separately.

The deadline for delivery of an order will be based on the item with the longest shipping delay.

Before you confirm your pre-order, the estimated delivery time will be displayed when selecting your method of payment.

Some items may be limited in number at the time of their pre-order.

We reserve the right to cancel and refund orders if they do not comply with these Terms and Conditions.
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Article no. 5 : PRICES OF THE PRODUCTS

Prices indicated on the Products are expressed in euros (EUR) taxes included. Alternatively, for the nationals of the countries considered, prices can be displayed in American dollars (USD), in Canadian dollars (CAD), in pounds Sterling (GBP), in Swiss franks (CHF) or Japan yens (JPY). These prices include neither the additional shipping costs nor the insurance you may subscribe for.
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Article no. 6 : PAYMENT OF THE PRODUCTS

The Products can be paid by credit cards (CB, Mastercard, VISA), bank transfer or money order, cheque (for France only) and bank draft (for foreign countries).

Payments by credit cards, bank transfer or money order must be made in euros (EUR). If payments are made from a foreign country where one of the alternative currencies is available, such alternative currency must be chosen.

Payments by bank draft must compulsorily be made in euros and payable in a French banking/financial company. We can refuse any payment that appears to be obviously fraudulent or if the issuer cannot bring proof of its authenticity.
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Article no. 7 : DELIVERY OF THE PRODUCTS

Except particular mentions or nonforeseeable events that would prevent the good delivery of the Products, the delivery of the ordered products is possible in the countries listed on the Website. If you wish to order or to be delivered in a country not displayed on the list, please contact us beforehand via the contact form.

The insurance and shipping costs are at your expenses. Products are shipped at regular rate for France and economical rate for any other country. We can possibly offer you other methods and other rates for the shipping of the products. In order to proceed, please, contact us before placing any order via the contact form.
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Article no. 8 : INSURANCE FOR THE PRODUCTS

You can insure the Products against loss or deterioration for the whole shipping duration. For more information contact us before placing your order.
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Article no. 9 : TAXES & CUSTOM DUTY

Any order placed on the Website that should be delivered abroad (beyond French borders) can be subject to taxes and custom duties regulations/legislations of the country of delivery. Those taxes and custom duties are at your expenses. It is your responsibility to find out about such regulations that are in force prior to placing any order. Our responsibility can not be committed on this point.
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Article no. 10 : RESERVATION OF TITLE

The Products remain our absolute property until the integral payment of the prices and the possible interests and until the achievement of other obligations you may have to fulfill. In the event of cancellation of the payment, the Products must be returned to us at your expenses.
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Article no. 11 : RETURN POLICY

According to the French law, you have a right of retraction and exchange during 7 days after the reception of the ordered product(s). In order to exercise this right, you must follow the procedure provided in our TAC, especially regarding the product return policy.

All returned products must be in their original packings. Money will not be refunded may products be returned either damaged or unpacked. The shipping costs for returning the products are at the expenses of the buyer and will not be reimbursed.

Because of their specificity, signed products can neither be exchanged nor refunded.

Before any return, you must contact our Customer care service via the contact form for us to confirm you the procedure to follow and to check the various elements regarding this return.
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Article no. 12 : FRAUDS

Authors of any usurpation of identity, fraudulent use of payment solutions or credit cards, swindle, unfounded protest of payments and other actions or omissions liable to damage Ankama will be prosecuted.
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Article no. 13 : RESPONSIBILITY

We are responsible in the event of heavy faults or of physical injuries caused by the normal use of the Products.

We decline any responsibility for the following circumstances:
  • Act of God preventing the good execution of the contract (i.e Act of God)
  • Loss of benefits and other shortfall in earnings in the event of delivery delay
  • Products forbidden in the country of delivery
  • Damage other than physical injuries caused by the normal use of our products
  • Suspension/interruption of our activity
  • Non-substantial differences with the description of the products. The pictures and other visual elements are not contractual.
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Article no. 14 : PERSONAL DATA PROTECTION

While using our Website, you can be asked to give us personal details. We commit ourselves to use them within the normal framework of our activity and never communicate them, even for free, to a third party. This confidentiality shall not apply to authors of fraudulent or detrimental actions for our company or in the event of injunction of relevant jurisdictions.

When giving personal details is compulsory, you must give us accurate, up-to-date and veracious information. Any fraudulent user will not be authorized to order on the Website and his account shall be closed.

Information collected when the Chronopost delivery mode is selected is electronically processed and will be used to contact you in case of a problem with the delivery of your parcel. This data will be available to AKM Distribution, Chronopost and ANKAMA Customer Services.

In accordance with Act N €78-17 of the 6th January 1978 on "Data Processing, Data Files and Individual Liberties", modified in 2004, you have the right to access and rectify any information relating to you. This can done by contacting support online at http://support.ankama.com, or by post to ANKAMA - Infos Personnelles, 75 bd d'Armentières, BP 60403, 59057 Roubaix cedex 1, FRANCE by providing us with your surname, first name(s), email address and your home postal address, and proof of identity.

You can also, within legitimate reason, oppose the processing of any data which concerns you.
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Article no. 15 : NULLITY OF AN ARTICLE

May a court of justice decides that one of the clauses of this text is invalid, such clause should be interpreted (in a legal way) as closely as possible to the spirit of the original text. Any modification or cancellation of one or more articles by a competent jurisdiction does not apply to the application of the other clauses, unless conflicting judgment.
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Article no. 16 : DISPUTES AND LITIGATIONS

AKM Distribution is a company incorporated in France, located in France (RCS Lille Metropole B 519 287 320 - European VAT: FR68519287320). May you have any issue, please contact us via our contact form or via regular mail at AKM Distribution, BP60403, 59057 Roubaix cedex 1, FRANCE - +33 (0)3.20.36.36.09.
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