Article 1 - Foreword
Any order of any product from the AVALON-DIGITAL.COM e-shop is supposed to have occurred after you have consulted the following sales terms, which apply to all our orders on an exclusive basis. Please note, however, that only the French version is legally enforceable, as per the Laws of France, and that the present English version is provided to you out of courtesy.
Validation of your order on AVALON-DIGITAL.COM is a confirmation of same and entails an irrevocable acceptance of the present sales terms. It will prove your final consent to contract with AVALON-DIGITAL.COM for the goods you have selected, within the limits of your retractation capacity, as described in our article 18 ("Right of Retractation") and the possible effects of the dispositions set out in article 14 (" Shipping") of the present sales terms.
Article 2 - Generalities
The goods proposed by AVALON-DIGITAL.COM are proposed by the following company:
AVALON-DIGITAL.COM / c/o AVALON DIGITAL SAS
91, Impasse du Château d'Eau – 42740 La Terrasse sur Dorlay – France
A Limited Company with a capital of 5.000 €, Registered at the Saint Chamond Registre du Commerce et des Sociétés under the number 801 051 772
Goods offered for sale are video game software for the general public.
Indication about the total price to be paid for the goods is given in euros (EUR), all taxes included for all countries within the European Union. For the other countries outside the European Union, goods prices are indicated without taxes.
Prices indicated on the various product sheets do not include shipping, which shall be calculated according to the country and mode of delivery.
For your own convenience, our website may sometimes provide you with an estimate of the goods prices in another one (or more) currency than the euro, but please note that the final payment will always be effected in euro (EUR).
The website AVALON-DIGITAL.COM is under the French regulation for e-commerce and, under this regulation, the customer is granted a Right of Retractation, within the legal lead time in existence in France at the moment his order is passed.
All the information contained in AVALON-DIGITAL.COM is under French language, which is the sole valid in case of litigation. However, our foreign customers may opt for another of the available languages (English to start with) to consult the site.
Our customers acknowledge to have read and taken due notice of our Sales Terms before passing their orders.
Our customers also pledge, before passing their orders, that the purchase of the product is limited to private and personal usage and has no connection with their professional activities.
As a consumer, the client is entitled specific rights, which could be withdrawn in case the goods are acquired from AVALON-DIGITAL.COM for professional usage.
The client formally declares that he has the legal capacity to contract, according to our present Sales Terms.
Article 3 - Subject
The present Sales Terms purpose is to define rights and duties of both parties to an e-commerce sale operation from AVALON-DIGITAL.COM, a website hereafter referred to as " The Website ".
Article 4 – Offer coverage
AVALON-DIGITAL.COM delivers its products in most countries. To confirm delivery possibilities and terms in a specific country, please send an email to firstname.lastname@example.org or write to us at the address below:
AVALON-DIGITAL.COM / c/o AVALON DIGITAL SAS
91, Impasse du Château d'Eau
F-42740 La Terrasse sur Dorlay
Article 5 – Sales Documents
The present sales contract is formed by the following documents, listed in order of decreasing importance as regards to legal value:
- The present Sales Terms,
- The Order Form.
Pictures or illustrations describing the goods on the Website are not included into the sales documents nor are part of the sales contract. Should some errors, alterations or changes resulting from photography or illustration treatment occur, AVALON-DIGITAL.COM cannot be made liable for it.
Article 6 - Ordering
Any purchase order validated on the Website constitutes an irrevocable engagement of the customer, which can be called into question only in the cases expressly and strictly limited to the contract’s articles the "Right of retractation" (Article 18) and "Execution of the order" (Article 13).
Article 7 – Order Confirmation
The contract signature will intervene only at the time of the confirmation of order by AVALON-DIGITAL.COM. The customer will receive by fax, mail or e-mail an acknowledgement of delivery carrying confirmation of order with all the components of the contract (products ordered, price, delivery terms and conditions, shipping costs.). AVALON-DIGITAL.COM reserves itself the possibility of not confirming an order for any reason, be it a problem of products supply or stock, or a problem related to the received order.
Article 8 – Duration of the Offer
The offers presented in the Website are valid as long as the products which are referred to remain in line, and/or until exhaustion of stocks.
Article 9 - Pricing & Invoicing
All prices are expressed in euros (EUR). Amounts expressed in other currencies are provided only for information purposes, the exact amount being a function of the exchange rate of the said currency to the euro (EUR) upon exact payment date.
The price guaranteed to the purchaser is that posted on the Website at the time of the purchase.
The price fixed at the time of the purchase is firm and final. It does not include the shipping costs which will be invoiced in supplement, and which will be indicated in the confirmation of order.
For a delivery within the European Union, prices take into account the VAT applicable in France on the date of the order and are thus VAT included. No other custom duty or VAT shall be invoiced or paid for any reason whatsoever for a delivery inside the European Union. Any change of the applicable VAT rate will be reflected on the selling price of products of our catalogue.
An invoice will be established by AVALON-DIGITAL.COM. The customer will have to specify the address to which the invoice will be sent, if different from the address of delivery of the order.
Article 10 - Payment
The payment of the totality of the price is due as of the order. The customer pledges to pay the price stipulated for the product ordered on the Website (price of the product and shipping), including payment, if necessary, and this directly with the forwarding agent or conveyor, of all customs duties, VAT or other taxes due at the time of the delivery of the products in the country of destination.
The customer can pay his order:
- By bank card as proposed on the site. The customer guarantees to AVALON-DIGITAL.COM that it has all the possible authorizations necessary to use that mode of payment at the time of the order.
- By PayPal as proposed on the site. The customer guarantees to AVALON-DIGITAL.COM that it has all the possible authorizations necessary to use that mode of payment at the time of the order.
Article 11 – Payment Default – Reservation of Property
The ordered products remain the property of AVALON-DIGITAL.COM until the final and integral payment of their price in accordance with the terms of the French Law n° 80335 of May 12, 1980. AVALON-DIGITAL.COM reserves itself the right to claim back the products ordered in the event of non-payment. On this assumption and on first request of AVALON-DIGITAL.COM, the customer commits itself to return every unpaid product, including all related expenses.
Article 12 – Risk Transfer
The transfer of the risks to the customer intervenes as of the handing-over of the products by AVALON-DIGITAL.COM to the conveyor. The products travel to the risks and dangers of the customer, the latter bearing all the consequences of the same.
Article 13 - Execution of the order
The order will be carried out within the lead time specified on the Website, starting from the time of the confirmation of order by AVALON-DIGITAL.COM and, in any event, not later than 30 days following the confirmation of order. This is of course subject to the availability of the ordered product, and excludes all specific agreement between the parties, if any.
In the event of unavailability or out-of-stock condition of the ordered product, AVALON-DIGITAL.COM is committed to inform the customer as soon as possible, specifying a new time of availability. The customer will then confirm by e-mail his choice either to await the new availability of the product, or to be refunded.
Article 14 - Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. The products are delivered to the address indicated by the customer on the order form (i.e. purchase order).
The delivery is said having been carried out as of the handing-over of the product to the conveyor. The delivery form given by the conveyor (or the acknowledgement of delivery in the case of a shipment by postal mail), dated and signed by the customer upon delivery of the product, will constitute a proof of delivery.
Upon delivery, the customer will have to check the contents, the conformity and the state of the products. In the event of delay, damages, total or partial loss, or of any other problem, it is up to the customer to exert any recourse against the conveyor, without the responsibility of AVALON-DIGITAL.COM being implied in any way.
As a safety measure, AVALON-DIGITAL.COM recommends to the customer to proceed to the careful checking of the condition and state of the products delivered before signing the acknowledgement of delivery of the parcel. If anomalies are identified, it must refuse the delivery of the products or issue handwritten, precise and dated reserves. These reserves will have to be confirmed to the conveyor by registered letter with receipt acknowledgement within three (3) working days from the date of delivery of the products. A copy shall be addressed to AVALON-DIGITAL.COM.
Article 15 - Force majeure
The following are regarded as case of absolute necessity (force majeure), in addition to those usually retained by the decisions of the Courts and French courts:
- Partial and all-out strikes, whether internal or external with the company;
- blocking of the supply and transport means for any reason that it is;
- governmental or legal restrictions;
- breakdowns of computer;
- blocking of telecommunications, including the networks (of which Internet).
- The occurrence of such a case of absolute necessity will suspend, initially and automatically, the execution of the order. If the parties note the persistence of such a case beyond a three (3) months period, the order will be automatically cancelled, except in the case of a specific agreement to the contrary between the parties.
Article 16 – Delivery of the products in the event of absence of the customer
In the event of absence of the recipient during the delivery, the conveyor will deposit a transit advice note to the address of delivery indicated by the customer. In such a case, the products will have to be claimed by the customer at the address and according to methods' indicated by the conveyor. In the event of customer’s claim not being activated within the time limits set out by the conveyor, the products will be returned to AVALON-DIGITAL.COM which reserves itself the right to refund the price of the products to the customer, with the exception to the shipping costs which shall remain at the charge of the customer.
Article 17 - Claims
Claims for nonconformity of the delivered products shall be formulated in writing directly to AVALON-DIGITAL.COM, and that immediately upon receipt. The customer must keep the packing and delivery form.
In the event of a delivery error on the product itself (i.e. wrong product), the customer pledges to return the aforementioned product(s) within 7 day following their reception to AVALON-DIGITAL.COM, under the condition the same are returned without having been opened, in their original state and packing and with the all related documents accompanying them. As of reception of the products in due form, AGOED will return, at its own expenses, the product initially ordered.
Article 18 - Right of retractation
The customer benefits from a seven (7) working day lead time, as from the delivery of its order, of a right to return, at his own expenses, either for exchange or refunding, the products which are not suiting him, in accordance with the article L 121-16 of the French Code of Consumption.
If this deadline expires on a Saturday, a Sunday or a bank or public holiday, it is extended until the first next working day.
The returned product will have to be sent back in its state and packing of origin. It must not have been used in any way, or to have undergone any deterioration of any kind, and should be in a state of perfect cleanliness.
In particular, a software cannot have been used and be the subject of a request for retraction at the same time. Consequently, two cases are to be considered for the purchase of software:
The sale, along with the forwarding of a physical support (CD, DVD...) of the software: the customer benefits from the right of retractation if, and only if, the packing containing the physical support of the software were not open;
The sale by direct downloading of the software from the Website by the customer (a.k.a. Digital Sale): this right of retractation applies only if the customer did not connect himself to the downloading space, one week after having received e-mail containing the identifier and the password making it possible to reach it.
This right of retractation is exerted without penalties, except for the return shipment expenses.
Within 30 days maximum as from the date of reception of the product, the customer will receive his refund. To this end, it will communicate to AVALON-DIGITAL.COM its banking co-ordinates.
Article 19 - Guarantee
In order to avoid any nuisance the products are checked by AVALON-DIGITAL.COM before their shipment. However, the customer benefits from a contractual guarantee against all defects which could appear in the delivered product throughout a period of 3 month starting from the delivery date, subject to normal use in conformity with the recommendations stated in the documents and instructions of usage relating to the said products.
In any event, the products are subject to the legal guarantee against hidden defects, as per articles 1641 and following of the French Civil Code.
Certain products may benefit from a wider guarantee. In such a case, means and warranty period are specified in the appropriate chart of guarantee delivered with the concerned product. This guarantee still does not cover the damage, breakages or dysfunctions due to non respect of the precautions for use.
For the implementation of the guarantee, the customer must return at his own cost the product guarantee form to AVALON-DIGITAL.COM, joining the original of the invoice to it.
A defective product under guarantee will be exchanged for an identical product, shipped to the customer at the expenses of AVALON-DIGITAL.COM, except in the event of discontinuation or out-of-stock condition. In such a circumstance, AVALON-DIGITAL.COM will carry out the refunding of the product to the customer.
Article 20 - Personal information
Personal information requested from the customer is essential for the treatment and the routing of the orders, the establishment of the invoices and possible contracts of guarantee. The customer can agree ("opt-in") to voluntarily be informed regularly on the market products by AVALON-DIGITAL.COM.
The customer also owns, in accordance with the French law "Informatique et Liberté (data-processing and freedom)" of January 6, 1976, a right of access, of modification, correction and suppression of all personal data related to itself that he can exert by writing to AVALON-DIGITAL.COM head office at:
AVALON-DIGITAL.COM / c/o AVALON DIGITAL SAS
91, Impasse du Château d'Eau
F-42740 La Terrasse sur Dorlay
If it has an Internet access, the customer can directly modify information pertaining to its own personal account, using on our Website its identifier and personal password that were previously provided, and entering the "my account" section of the Website.
Article 21 – Electronic (Digital) Signature
The validation of any form on the Website constitutes an electronic (or digital) signature. This electronic signature bears between the parties the same value as a handwritten signature.
Article 22 - Proof
The computerized registers, preserved in the information processing systems of AVALON-DIGITAL.COM under reasonable conditions of safety will be regarded as the evidence of the communication, orders and payments that occurred between the parties. The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
Article 23 - Intellectual property
AVALON-DIGITAL.COM is sole holder of all rights of intellectual property on the Website, as well as to the right to diffuse the elements being reproduced on the catalogue of its e-commerce website AVALON-DIGITAL.COM, and in particular the photographs for which it obtained the necessary authorizations from the people concerned.
Consequently, the partial or total reproduction, on any support of any form, of some or all of the elements composing the Website and the catalogue, or their use or supply to third-party are formally prohibited.
Article 24 - Entirety of the contract
The present general Sales Terms and Conditions express the entirety of the obligations of the parties. No other general or particular condition communicated by the customer will be integrated or shall derogate from the present general conditions.
Article 25 - Non renunciation
Should AVALON-DIGITAL.COM not use or make mention of any failure by a customer towards any of its obligations could not be interpreted as a renunciation of the said obligation, or could not be used later by the said customer.
Article 26 - Nullity
If one or more stipulations of these general sales terms and conditions is held for not valid or declared as such pursuant to a law, a legal statement or following a final decision of a court of justice in France, the other stipulations will keep all their force, field of application and range.
Article 27 - Litigation
This contract is subjected to French law, both for the form and spirit.
IN THE EVENT OF LITIGATION AND AN ABSENCE OF AMIABLE SETTLEMENT BETWEEN THE PARTIES, COMPETENCE IS GRANTED TO THE FRENCH COURTS WHERE AVALON-DIGITAL.COM HAS ITS HEAD OFFICE, NOTWITHSTANDING CALL IN GUARANTEE OR PLURALITY OF DEFENDERS, INCLUDING EMERGENCY PROCEDURES OR ALL CONSERVATORY PROCEDURES IN REFERE OR BY REQUETE.