1. FIELD OF APPLICATION
The term « Products » designates any product which is sold by KOGROUP (hereinafter the « Seller ») for any person or entity which places an order to buy the Products (hereinafter the « Buyer »). The General Terms and Conditions of Sale herein contained govern the sale of any of KOGROUP Products. Any order implies the full and complete acceptance of these terms excluding all other Seller or Buyer’s document. Unless accepted in writing by an executive officer of Seller, any terms or conditions in Buyer’s offer to buy as transmitted to Seller in the form of a purchase order or otherwise, which are different from or which purport to add to, modify, supersede of otherwise after the terms and conditions contained in these General Terms and Conditions, shall not binding on Seller and will have no effect.
2. IDENTIFICATION OF KOGROUP
In the following terms and conditions of sale, KOGROUP is :
RCS of BERNAY under the number B829 325 414
SIRET number 8293541499911
23 Rue Jean Jaures
27500 Pont Audemer
www.avucon.com is hold by KOGROUP and is webhosted by:
So you start – SAS OVH
2 Rue Kellermann – 59 100 ROUBAIX – France
Avucon.com.com (S.A.S KOGROUP) is a company specialized in the online sales of dematerialized games and software. The products offered for sale comply with the French legislation in force. The products offered on the site www.avucon.com are dematerialized.The code is sent by e-mail once the order has been made and is also displayed on the Customer’s personal account.
4. PRICES AND PAYMENT
The Seller sets prices and he can change it as he wishes before the order and payment of the Buyer. Once the order done, the Seller cannot change any price. Prices are given in Euros and included all taxes except the delivery charges. The delivery charges match with the payment charge on line for the delivery of the codes that the Buyer receives by e-mail. Those charges are given in the shopping cart of the Buyer.
All products can be paid by credit card, PAYSAFECARD, BITPAY).
The amount of the order will be immediately taken on the bank account once the order submitted.
Delivery is done in two ways depending on the product ordered:
– via the communication of a unique access code by e-mail that the Customer receives immediately after the confirmation of the order. The said code is also indicated to the Customer on his personal space on the site www.avucon.com
5. ORDERS AND PREORDERS
All orders on www.avucon.com suppose the approval of all terms of these terms and conditions of sale. He has been aware of his right of withdrawal. Before the completion of the order, the Buyer has access to all the information needed about the product wanted, the price, the charges and the way of payment and delivery in his shopping cart. He can check and change his order: modify, add or delete some products. Once the order validated, the Buyer receives an e-mail with all the information needed about the order: product(s), price and order number. Then, he receives a second e-mail at the same time with a unique code matching to his order. The Buy has to keep this code, which won’t be given to him a second time. He also can find it on his personal account on the website of the Seller.
In case of delay in the period announced during the pre-order, KOGROUP undertakes to inform the Customer as soon as possible. The customer can not cancel his pre-order, once the pre-order validated, it is considered “complete” by the banal system. If unable to honor the pre-order, KOGROUP agrees to refund the full amount paid.
The agreement starts when the Buyer validates the order and certainly not at the end of the right of withdrawal.
6. RIGHT OF WITHDRAWAL
Digital product STEAM, ORIGIN, UPLAY and other publishers of PC GAMES delivered in code: In accordance with Article L121-21 of the Consumer Code, the private customer has a period of fourteen days to exercise his right of withdrawal from the conclusion of a contract concluded at a distance. The customer acknowledges that the contract begins at the conclusion of the order and not at the end of the withdrawal period. The right of withdrawal will only apply if the customer has not used the codes allowing him to benefit from the games and software purchased. Proof of non-use is the responsibility of the Customer. KOGROUP will then refund the entire amount paid by the customer at the time of his order and within 14 days from the day on which the Customer has used his right of withdrawal. The refund will be made by the same means as that used by the Customer for the initial transaction.
To use the right of withdrawal, the Buyer can do it:
– By using the “LiveChat” on the website
The Buyer has just to give the order number and indicate his wish to use his right of withdrawal.
7. SERVICE FAILURES
In case of service failures, the Seller is committed to re-establish services within 24 working hours from the moment he has be aware of the failures. The Seller cannot be hold responsible of the service failures due to a force majeure, power failure, interruptions due to others contractors. The Seller will be responsible for all non-compliance and abnormalities due to the purchase of the Buyer.
8. RIGHT OF EXPLOITATION
Under the French law, the Buyer has only a right to use the products bought. He cannot translate, adapt, transform or replicate the substance of the products.
9. PROTECTION OF PERSONAL DATA
Under the French law, the Buyer has a right to query, access, amend and object on legitimate grounds to his personal data by contacting the Seller: KOGROUP – 23 Rue Jean Jaures – 27500 Pont Audemer.
The liability of the Seller depends on the French law. It’s strictly limited to the amounts of products sold. The Seller will not be responsible in case of inappropriate use of the products and if the damage is due to an independent cause which not involved the Seller.
French Law is applicable to all products sold by the Seller. In case of problems with the code received by the Buyer or difficulties of connexion with this code, the Buyer is responsible. The Buy can ask for an exchange or a refund.
12. FORCE MAJEURE
Seller shall not be considered in default in the performance of its obligations hereunder, or be liable in damages or otherwise for any failure or delay in performance which is due to strike, lockout, concerted act of workmen or other industrial disturbance, fire, explosion, flood or other naturel catastrophe, civil disturbance, riot or armed conflict whether declared or undeclared, curtailment, shortage, rationing or allocation of normal sources of supply of labour, materials, transportation, energy, or utilities, accident, delay of subcontractors or vendors, sufferance of or voluntary compliance with acts of government and government regulations (whether or not valid), embargo or any other cause whether similar or dissimilar to any of the causes or categories of causes described above and which is beyond the reasonable control of Seller. In the event of a delay arising from any of the above causes, the time of performance shell be extended by a period of time reasonably necessary to overcome the effect of the delay.
13. COMPLIANCE WITH LAWS AND REGULATIONS
The Parties agree that, at all times in connection with and throughout the course if this contract and thereafter, the will comply and take reasonable measures so that, their subcontractors, agents or other third parties, who are subject to their control or decisive influence, will comply with the applicable anti-corruption laws which prohibit improper, illegal and corrupt payment.
14. GOVERNING LAW-SETTLEMENT OF DISPUTES
Any contract or purchase order between Seller and Buyer which may be formed subsequent to the issuance of Seller’s quotation shall be governed by and construed according to the laws of France.