Terms and conditions of use
ARTICLE 1 : Introduction
The Terms and Conditions of sale detailed below (hereinafter referred to as the "Terms and Conditions"), govern the contractual relationship between any user of the website HISTWARGAMES (hereafter referred to as "User" or "You") and the Société à responsabilité Limitée COM AND PLAY, with a capital of € 15000, whose headquarters is located at 29 rue Edgar Quinet, 31290, Villefranche de Lauragais France (hereinafter referred to as " COM AND PLAY ") and registered in the Trade and Companies Register of Toulouse under the number 495 079 287.
These Terms and Conditions of sale are the only ones applicable and replace all other conditions, unless previously agreed otherwise in writing. COM AND PLAY can be promptly brought to amend certain provisions of its Terms and Conditions; also it is necessary that they be reread before each visit to the website. These amendments are binding as from their on-lining and cannot apply to contracts concluded earlier. Each purchase on the website is governed by the Terms and Conditions applicable at the date of the order. We believe that while validating your order, you accept without reserve our Terms and Conditions of sale after having read them.
ARTICLE 2 : Price
The sale prices listed on the website are in Euros and with all taxes included, unless otherwise noted. Within the framework of an order of box, the possible delivery charges are indicated to the User during his choice of products and are billed to him at the end of the order in addition to the price of the selected.
You will notice that for the European Union prices appear in Euros on the website but also in the currency of the shipping country for information, not that it has any contractual value.
COM AND PLAY refuses any liability for any errors or inaccuracies in the conversion system used, nor any differences that might occur between the total estimated value of your order and the billing amount.
We reserve ourselves the right to change our prices at any time but we are committed to apply the prices in force that were indicated on the website at the time of your order.
ARTICLE 3 : Order
The orders are carried out exclusively on the Internet through affiliated websites or shopping malls managed by COM AND PLAY . Access to the service is provided in a permanent way but is subject to periods and maintenance, updates of servers and possible exceptional interruptions.
The customer chooses the acquisition mode of his product on the website. After his selection, a new window, specifying the different methods of payment and the reference code to get the product, appears.
COM AND PLAY proposes two acquisition formulas for products sold on its website:
- The download
- The delivery of physical products on CD packed in boxes
In both cases, you will receive an order confirmation email once your payment has been approved. Delays of approval of the payment vary depending on the method of payment. In no event is COM AND PLAY responsible for the delay of approval of your payment.
In the case of an order of software that can be downloaded, you can access your product by clicking on the download link present either directly on the page of accepted payment, or subsequently on the confirmation e-mail.
Non registered shippings (shipping called "Economique") are not garanteed.
A bill will be made available on the website, in your account.
Contractual information is presented in French and will be subject to confirmation resuming those contractual information. COM AND PLAY reserves itself the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 4 : Validation
You certify that you have read and accepted these terms and conditions of sale before the placing of your order. The validation of your order is thus worth the acceptance of these Terms and Conditions of Sale. Unless proved otherwise, the data recorded by COM AND PLAY constitutes evidence of all the transactions made by COM AND PLAY and its customers.
ARTICLE 5 : Availibility
Our product offerings and prices are valid as long as they are visible on the website, within the limits of available stocks. The deadlines for data transmission estimated for the download of a product are only an indication, and any delays shall not entitle the purchaser to cancel the sale, to refuse the goods or to claim damages. Any claim for nonconformity or missing in the delivery of a product, either by downloading or by mail, must be sent within one week after receipt of the product.
You will notice that we will honor your order within the limits of our available stocks. In the event of unavailability of a product after you place your order, we will notify you by e-mail or by mail upon receipt of the information received by the suppliers. This information comes directly from our suppliers, errors or changes can exceptionally happen.
ARTICLE 6 : Delivery
Some products purchased on the website can be delivered in a box if the note is present on the website at the time of purchase. Under such a purchase, delivery can be ensured in Metropolitan France. Your order will be delivered to the address you provided when ordering.
COM AND PLAY offers you a delivery through the Colissimo service of la Poste. The cost of this option depends on the selected item.
ARTICLE 7 : Tax reduction
Any product delivered electronically to an individual from a country member of the European Union to another country member of the European Union will automatically be subject to the VAT of the issuing country in this case France.
ARTICLE 8 : Secured Payment
COM AND PLAY offers several modes of payment: credit card (CC, Visa, Eurocard, Mastercard) by transfer.
For payment by credit card, the debit is carried out when you proceed your order with the requirement of obtaining prior permission to debit your account from the competent payment centers, otherwise your order could be not taken into account.
Our partners have so far all the functions needed to manage a service of secured acquisition of payment over the Internet. The integrity of the data exchanged is ensured by the exchange procedure and the integrity locking of the messages through the use of SSL.
The cryptography means used have been the subject of a statement to the administrative services of the French government.
ARTICLE 9 : Right of return
COM AND PLAY allows you to benefit from 7 days to return a product that you are not satisfied with. You can return within that time the product at your expense with your bill and the return slip duly completed and signed.
For software distributed electronically, the return will be made through a mail on the honor signed by the purchaser, which guarantees the destruction of the program downloaded and installed on his hard disk. In no case can a product be returned without prior agreement.
For software ordered in box, we advise you to return the goods via registered mail or through recorded delivery and to possibly subscribe to insurance from the carrier covering the market value of the products. This is necessary in the event of theft or loss of those goods by their services.
In any case, the return will happen at the expense and risks of the consumers.
Only new and complete products will be accepted returned in their original packaging and addressed to:
COM AND PLAY
29 rue Edgar Quinet, 31290, Villefranche de Lauragais
This right of return is carried out without penalty, except for freight charges.
ARTICLE 10 : Responsability
This contract is subject to the French law. COM AND PLAY cannot be held liable for breach of contract, on the one hand in case of acts of God, especially disruption or total or partial strike, including postal services and means of transport or communications, on the other hand in case of fault of the customer.
COM AND PLAY could not be held responsible for the consequences resulting from the misuse of products sold on the Website.
ARTICLE 11 : Applicable laws - Dispute
This contract is subject to French law. The language of this contract is the French language. In case of dispute with professionals and/or traders, the courts of Nanterre (France) will be qualified. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 12 : Protection of personal data
The information you provide is critical for the processing and delivery of orders, establishment of invoices and collaterals. Its absence leads to the cancellation of your order. By registering on the website, you agree to provide us with sincere and genuine information about you.
The submission of false information is contrary to these Terms and Conditions as well as to the conditions of use appearing on the website.
In accordance with the "Informatique et Libertés" (Computing and Freedoms) law, the processing of your information has been the subject of a statement to the Commission Nationale de l'Informatique et des Libertés (National Commission of Computing and Freedoms) (CNIL). COM AND PLAY is authorized to collect, process and use information about you. This data is subject to computer processing.
You have a permanent right to access and correct your data, in accordance with European legislation and national laws in force (section 34 of the law of January 6th, 1978). You can, at any time and upon request, change this data by sending us a mail at the following address:
COM AND PLAY , Service Client
29 rue Edgar Quinet, 31290, Villefranche de Lauragais
COM AND PLAY is the only holder of information about you. If you accepted it during your identification on the website, COM AND PLAY and its contractual partners may send you information within the framework of precise and punctual promotional operations. These partners have been specially selected by COM AND PLAY and are recognized for the quality of their products and services.
ARTICLE 13 : Rights of use
The Software is protected by the legislation and international treaties for copyright and intellectual property. The sale of software does not, in any case, lead to the transfer of rights of reproduction, representation, exploitation, and more generally of all intangible rights recognized or to recognize which participated in the developing of the software. Therefore, the software should not be copied, adapted, translated, put at the disposal, distributed, amended, disassembled, decompiled, broken up, or used in combination with another software, unless the Conditions Licensing authorize it or if the applicable law provides that such an act is a right which must be contractually adhered to.
However it is generally accepted that the primary user will be able to install additional licenses for his own use, subject to the applicable commercial offers, or to make a second copy for purposes of backup or archiving.