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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 for Physical Products ("GCS for Physical Products").

These General Conditions of Sale (hereinafter the “GCS” or the “Contract”) apply to all purchases and supplies of digital contents (hereinafter the “Digital Content” or “Digital Contents”) 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 Digital Contents governed by these General Conditions of Sale are as follows:
 
  • Subscription to DOFUS game
  • Ogrines
  • Digital magazines
  • Music downloads
  • Making available of the FLY’N video game
By placing an order for one or more Digital Content(s) on one of Ankama’s 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 undertake to comply with these General Conditions of Sale and the Terms of Use (TOU).

CAUTION! These General Conditions of Sale 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.

PLEASE NOTE: You expressly accept that the supply of Digital Product will start immediately after our confirmation e-mail of purchase is sent and you consequently expressly waive your right of withdrawal.
 
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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 Terms of 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 Digital Contents are valid while visible on the websites. They may be withdrawn or amended at any moment.

The non-availability of a Digital Content 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 Digital Contents may be purchased in exchange for Ogrines (see Article 7). The provisions of this Article are not applicable in the event of acquisition of Digital Contents 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 Digital Contents using any of the payment methods offered by the Company. The payment methods available depend on the Digital Contents You wish to purchase and Your country of residence. Also, the price of a Digital Content 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 Digital Content 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 Digital Contents 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 Digital Contents 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 In accordance with our Terms of Use, it is strictly prohibited to sell or exchange Audiotels codes acquired on our Websites in our games and on our forums.
 
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Article no. 5 : PURCHASE AND ORDER CONFIRMATION

5.1 The method for selecting the Digital Contents You wish to buy varies depending on the situation. The method is detailed below for each Digital Content.

5.2 After selecting a Digital Content 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 Terms of Use to learn more about Account certification.

5.3 Whatever the Digital Content 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 GAME

6.1 On the website www.dofus.com, the Company may offer Subscriptions to access all DOFUS game (hereinafter the “Subscription” or “Subscriptions”).

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

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

6.4 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.

6.5 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
6.6 The Subscription ends on expiry of the Subscription period selected by the User.

6.7 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.
 
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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 purchase Booster Packs and 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 that Ogrines have no financial value in the real world. It is strictly prohibited to exchange them for real money. In general, loaning, sharing, exchanging, donating, purchasing, transferring and selling Ogrines, outside of the scope of the actual Games and the regulations thereof, are strictly prohibited and may give rise to penalties affecting your Account.
 
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Article no. 8 : DIGITAL MAGAZINES

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

8.2 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.

8.3 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 8.4).

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.

8.4 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 8.5. 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.

8.5 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
.

8.6 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 reContention 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 reContention 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. 9 : DOWNLOADING MUSIC

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

9.2 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.

9.3 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.

9.4 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.

9.5 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 13 of these General Conditions of Sale.

Ankama will replace the damaged file(s) provided the damage is Ankama’s liability (see Article 14). In any event, You benefit from the legal conformity and hidden defects guarantees, according to the laws in force.

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

9.6 All music files offered on the Download Service are covered by French and international legislation on copyright and intellectual property rights. All rights of reContention 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 reContention 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. 10 : PROVISION OF THE FLY’N VIDEO GAME

10.1 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.

10.2 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.

10.3 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).

10.4 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.

10.5 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.

10.6 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.

10.7 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. 11 : REFUNDS – WITHDRAWAL


11.1 Refunds

 
Digital Contents shall NOT GIVE ENTITLEMENT TO ANY REFUND, even in the event of non-use. Ankama is not liable for the User’s errors or omissions.
 


11.2 Withdrawal

 
In accordance with applicable law, You expressly accept that the supply of Digital Content will start immediately after our confirmation e-mail of purchase is sent. Therefore, you expressly waive the right to exercise Your right of withdrawal with regard to the purchase of Digital Content.
 
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Article no. 12 : 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 Terms of Use and Privacy Policy.
 
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Article no. 13 : CUSTOMER SUPPORT

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

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

13.3 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.
13.4 To contact Customer Support, You must have an Account and identify Yourself.
 
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Article no. 14 : LIABILITY AND GUARANTEE

14.1 USE OF DIGITAL CONTENTS IS MADE UNDER THE ENTIRE RESPONSIBILITY AND AT THE SOLE RISKS OF THE USER.

14.2 DIGITAL CONTENTS 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 DIGITAL CONTENTS, USER SATISFACTION OR THEIR CAPACITY TO FULFIL A SPECIFIC PURPOSE.

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

14.4 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 DIGITAL CONTENTS.

14.5 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.

14.6 ANKAMA SHALL NOT MOREOVER, BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENTS, 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.

14.7 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 DIGITAL CONTENTS ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF DIGITAL CONTENTS DO NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.

14.8 THE LIABILITY OF ANKAMA FOR DIGITAL CONTENTS SHALL NOT BE INCURRED IF THE ORDER OR THE USE YOU MAKE OF THE CONTENTS IS UNLAWFUL.

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

14.10 Subject to the aforementioned provisions, if the liability of Ankama is incurred regarding Your use of the Digital Contents, the amount of indemnity which You may claim is restricted to the amount You expressly paid for the Digital Content(s).
 
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Article no. 15 : MISCELLANEOUS PROVISIONS

15.1 Applicable law: These General Conditions of Sale are subject to French law.

15.2. 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.

15.3. 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 Digital Contents 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 PRIVACY POLICY.


Last update: July 9, 2014
 
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Article no. 1 : INTRODUCTION

For any supply of digital contents not supplied on hardware (notably the games DOFUS, WAKFU and FLY’N, music, videos or texts downloading or streaming) please refer to the General Conditions of Sale for Digital Content (“GCS for Digital Content”).

These General Conditions of Sale ('The GCS') apply to any purchase of physical products (the ‘Products’) on the www.ankama-shop.com website (the (‘Website’) entered into between you (You) and the company AKM Distribution identified in the Lille City Trade and Companies Register under the number 519 287 320 ('We', ‘Our’, the ‘Company’ or ‘AKM Distribution’).

The GCS are available at any time on The Website when clicking on 'General Conditions of Sale' or 'GCS'. The GCS may change at any time. In case of a dispute about an order the applicable general conditions of sale 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.

The validation of Your order implies unreserved acceptance of these General Conditions of Sale.

CAUTION!: These General Conditions of Sale do not apply to the supply of digital contents not supplied on hardware. Specific general conditions of sale, regulate the sale of said contents.
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Article no. 2 : BUYER'S QUALITY

2.1 To purchase on our Website, You must be the holder of an Ankama account (hereafter the ‘Account’). You can create an Account:

- Either by clicking on the link ‘Create an account’ featuring at the top of the Website pages
- Or during the order, during the identification stage.

If this is Your first order on Our Website, please certify Your Account.

For more information on Account creation and certification rules, please refer to the Ankama Terms of Use (Article 4: Account creation).

2.2 You acknowledge that You are a natural person having reached the legal age in Your usual country of residence or have obtained the authorisation of Your legal representative (parent or guardian) if You are a minor. You also acknowledge that You are legally in a position to enter into a contract in accordance with the law of Your usual country of residence.
 
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Article no. 3 : CHARACTERISTICS AND AVAILABILITY OF THE PRODUCTS

3.1 We present on Our Website the Products as well as detailed characteristics about them in order to allow you to discover, before validating Your order, their main characteristics.

3.2 Unless stated otherwise, 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. Should You refuse, we shall cancel Your order and, if need be, refund You. The absence of response from You within seven (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 General Conditions of Sale.
 
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Article no. 5 : PRICES AND PAYMENT OF THE PRODUCTS

5.1 Prices given for the Products are expressed in Euros (EUR) taxes included. These prices include neither additional shipping costs nor any insurance you may take out nor communication costs linked to the use of the Website that remain borne by You. The postage costs shall be displayed in addition to the price of the Product depending on the country You have chosen.

5.2 Any order placed on the Website and having to be delivered outside of France may be the subject of taxes and customs duties provided for by the legislation of the delivery country. These taxes and customs duties are to be borne by You. It is Your responsibility to be aware of the existence of these from the competent authorities of the country in which you wish to be delivered beforehand. Our responsibility cannot be incurred on this point.

5.3 The methods of payment available vary according to Your country of residence. To find out more about the available methods of payment, please refer to the section ‘Payments and security’ on the Website.

Some methods of payment are managed by payment service providers for which conditions and additional costs may apply. Please check these conditions and potential additional costs before placing any order. You can also be called on to create an account with this payment service provider (Paypal for example).

The Company cannot be held responsible if one of the payment methods usually available for the Products is not available when placing Your order.

5.4 You acknowledge that all payments that You make on the Website, for yourself or any other person You represent, are made with the authorisation of the holder of the method of payment used, failing which, the rules provided for in Article 5.6 shall apply. In any case, if You have not obtained the legal age in Your usual country of residence, You must obtain the authorisation of Your legal representative before making any payment on our Websites.

Payments are made in Euros (EUR). If the currency of the invoicing country is part of the alternative currencies offered, payments by these means must be made in the alternative currency considered.

Payments by cheque are only possible for cheques issued in Euros by financial institutions located in France. Bank drafts must be made in Euros and payable in a French financial institution.

5.5 We can refuse any payment that appears to be obviously fraudulent or if the issuer cannot bring proof of its authenticity.

5.6 You acknowledge and accept that the Company is on no account responsible for payments made fraudulently on the Website, and this whatever the method of payment used. Any identity theft, fraudulent use of methods of payment, credit card fraud, swindling, unfounded contesting of payments and other actions or omissions that may harm us shall lead to the initiating of civil or criminal proceedings against the author or authors. If it is established that You are the author or accomplice, the Company also reserves the right to sanction you by permanently suspending Your Account.
 
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Article no. 6 : DELIVERY OF THE PRODUCTS

Unless stated otherwise or in the event of unforeseeable 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 in the section ‘Delivery’. If you wish to order or to be delivered in a country not displayed on the list, please contact us beforehand via the Support website.

Insurance and shipping costs are at borne by you. Products are shipped at regular rate for France and economical rate for any other country. We may be able to 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 Support website.

Delivery lead-times are those given during the validation of Your order. Caution, in the event of non-instant payment (for example in the event of payment by cheque or direct debit), the lead-time shall start from the day we receive Your payment.

In accordance with legal provisions, in the event of a delivery delay in relation to the date given during the validation of Your order, if, after having sent us a registered letter with acknowledgement of receipt or a request in writing on another durable medium telling us to make delivery in a reasonable additional lead-time, we do not make the delivery in the said additional lead-time, you can cancel Your order, according to the same terms.

The cancellation shall take effect on receipt of Your letter or Your written document informing us of Your desire to cancel Your order, unless Your order is sent to you in the meantime.

You shall be reimbursed for the entirety of the sum paid for Your order by fourteen (14) days following the date of receipt of Your request for cancellation at the latest.
 
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Article no. 7 : RESERVATION OF TITLE

The Products remain Our absolute property until the full payment of the prices and possible interest and until the fulfilment of other obligations you may have to complete. In the event of cancellation of the payment, the Products must be returned to us at your expense.
 
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Article no. 8 : WITHDRAWAL

Except in the cases provided below (‘Exceptions to the right of withdrawal’), you have the right to withdraw from this contract without giving a reason within a deadline of fourteen (14) days under the conditions provided for below:

Deadline: The withdrawal deadline expires fourteen (14) days after the day where yourself, or a third party other than the carrier and appointed by you, physically takes possession of the item.

Modalities for exercising the right of withdrawal: To exercise the right of withdrawal, you must notify us of Your decision to withdraw from this contract by means of a declaration devoid of ambiguity (for example, letter sent by mail or e-mail). You can use the withdrawal form sent with Our confirmation e-mail of purchase but this is not compulsory. If you choose not to use Our withdrawal form, Your withdrawal request must at least include the information requested in the said form to be able to be taken into account.

Our contact details are as follows: AKM Distribution – Zone Ravennes les Francs – 11 avenue Calmette – 59910 Bondues (France).

Refund: In the event of withdrawal by You from this contract, we shall refund all payments received by you, including delivery costs (with the exception of additional costs resulting from the fact that you chose, if applicable, a means of delivery other than the least expensive standard means of delivery offered by us) without excessive delay, and in any case, fourteen (14) days from the day we are informed of Your decision to withdraw from this contract at the latest. We shall refund by using the same method of payment as the one you used for the initial transaction, unless you expressly agree to a different one; in any case, this refund shall not incur any costs for you. We can defer the refund until we have received the item or until you have provided proof of shipping of the item, the date retained being that of the first of these acts.

Product return: You must return the product to AKM Distribution - Zone Ravennes les Francs - 11 avenue Calmette - 59910 BONDUES (France) at the same time as the withdrawal form or, in any case, fourteen (14) days after you have communicated to us Your decision to withdraw at the latest. This deadline is reputed complied with if you send the item before expiry of the fourteen (14) day deadline. You must bear the direct costs of returning the item.

The Products must be returned in their original packaging and in perfect condition. Damaged, dirty or incomplete Products shall not be taken back.

Your responsibility is only incurred with regards the depreciation of the item resulting from handling other than those needed to establish the nature, characteristics and correct operating of this item.

Exceptions to the right of withdrawal: You cannot use Your right of withdrawal for the following products:
 
  • Signed products;
  • Audio or video or computer software recordings when they have been unsealed (CD, DVD…):
  • Newspapers, journals or magazines, except for subscriptions for these publications;
  • Digital contents not supplied on hardware (music and games to download).

Special cases: Due to their specificities, special rules apply to the products listed below:
  • Ogrines cards: You have the chance to withdraw from Your purchase of Ogrines cards only if the card is still under seal.
  • Blindbox Krosmater: You have the chance to withdraw from Your purchase of Blindbox Krosmaster only if the box has not been opened.
  • Magazine subscriptions: You have the chance to withdraw from Your subscription in the fourteen (14) days following receipt of the first edition. We shall refund you the sum paid for Your subscription in full provided that the first edition of the magazine is sent back to us under seal. If Your magazine is no longer under seal, you do not have to send it back to us but we shall deduct from Your refund the price of this first edition (for example, if you subscribed to a subscription for 6 editions at €47.40, we shall refund you the sum of €39.50).
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Article no. 9 : 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. 10 : PERSONAL DATA PROTECTION

While using our Website, you may be asked to provide us with personal details. The personal information collected are the subject of computer processing intended to process Your order.

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 the Data Protection Act N 78-17 of the 6th January 1978 modified in 2004, you have the right to access and rectify any information relating to you. This can done by contacting support online at https://support.ankama.com/hc/en-us, 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), e-mail 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.

For more information on the way your personal data is processed, please refer to Our Terms of Use and Our Privacy Policy.
 
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Article no. 11 : 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. 12 : 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.

These General Conditions of Sale are subject to French law.
 
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Article no. 13 : PRE-CONTRACTUAL INFORMATION

You acknowledge having been communicated prior to entering into the contract, in a clear and comprehensive way, these General Conditions of Sale and all information referred to in articles L. 121-19 and L.121-19-3 of the French Consumption Code, and in particular:
 
  • The essential characteristics of the Product;
  • The Price of the Product;
  • The date or delivery lead-time;
  • Information relating to Our identity, our postal, telephone and electronic contact details;
  • Information relating to legal guarantees;
  • Information relating to the right of withdrawal;
  • Accepted methods of payment and possible delivery restrictions.


BEFORE ANY ORDER, YOU ACKNOWLEDGE FAMILIARISING YOURSELF WITH AND ACCEPTING THESE GENERAL CONDITIONS OF SALE.
 

Latest update: June 13, 2014
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