These Terms and Conditions of Sale ("T&Cs") apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers ("the Client" or "Clients") wishing to purchase the products offered for sale ("the Products") by the Seller on the website http://cosmonade.fr. The Products offered for sale on the site are:
- digital items
The main characteristics of the Products, including specifications, illustrations, and size or capacity information, are presented on the site http://cosmonade.fr, which the Client is required to read before ordering.
The selection and purchase of a Product are the sole responsibility of the Client.
Product offers are valid while stocks last, as specified at the time the order is placed.
These T&Cs are accessible at any time on the website http://fullfreegameplay.fr and shall prevail over any other document.
The Client declares having read and accepted these T&Cs by checking the appropriate box before initiating the online ordering process on the site http://cosmonade.fr.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
FullFreeGameplay, EI
Share capital: 0 euros
Registered with the RCS of Gasny, under number 983967548
31 bis rue de l'industrie
Email: contact@fullfreegameplay.fr
Phone: _______________
The Products presented on the website http://cosmonade.fr are offered for sale in the following territories:
- Europe
- Asia
- Africa
- North America
- South America
- Oceania
- Antarctica.
In the case of an order to a country other than mainland France, the Client is considered the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be due. They will be the sole responsibility of the Client.
The Products are provided at the current prices listed on the site http://cosmonade.fr at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any discounts granted by the Seller on the site http://cosmonade.fr.
These prices are firm and non-revisable during their period of validity; however, the Seller reserves the right to modify the prices outside this period at any time.
Prices do not include processing, shipping, transport, and delivery fees, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The amount requested from the Client corresponds to the total purchase amount, including these fees.
An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Products.
It is the Client’s responsibility to select the Products they wish to order on the website http://cosmonade.fr, under the following conditions:
The client views a product in the application. The client clicks a button while viewing it, which opens a web page in the client’s default browser. The webpage displays the product description and a payment form. The client enters their payment information and confirms the payment. The transaction process is managed by Stripe. FullFreeGameplay's servers wait for a payment confirmation from Stripe's servers. Once confirmation is received, FullFreeGameplay's servers validate the registration of the purchased product for the given client. The registration is stored in a database owned by FullFreeGameplay.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will be considered valid only after full payment has been received. It is the Client’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website http://cosmonade.fr constitutes a remote contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is an ongoing dispute over a previous order.
The Client may track the progress of their order on the site.
To place an order, the Client is invited to create an account (personal space).
To do so, they must register by completing the form provided at the time of order and agree to provide truthful and accurate information regarding their identity and contact details, including their email address.
The Client is responsible for updating the information provided. They are informed that they can modify this information by logging into their account.
To access their personal area and order history, the Client must log in using their username and password, which will be communicated after registration and are strictly personal. As such, the Client is prohibited from sharing them. If shared, they will remain solely responsible for any use made of them.
The Client may also request account deletion by going to the dedicated page in their personal space or by sending an email to: contact@fullfreegameplay.fr. This will take effect within a reasonable time frame.
In the event of non-compliance with the terms and conditions of sale and/or use, the site http://cosmonade.fr reserves the right to suspend or even close a client account after a formal notice sent by email remains unanswered.
Any account deletion, for any reason, will result in the complete deletion of all personal information of the Client.
Any force majeure event causing site or server malfunction, and subject to any interruption or modification for maintenance purposes, does not engage the Seller's responsibility.
Creating an account implies acceptance of these general terms and conditions of sale.
The price is paid by secure payment, as follows:
- credit card payment
The price must be paid in full by the Client at the time of order.
Payment data is encrypted using the protocol defined by the authorized payment service provider handling banking transactions on the site http://cosmonade.fr.
Payments made by the Client will only be considered final after actual receipt of the amounts due by the Seller.
The Seller is not required to deliver the Products ordered by the Client if the full payment has not been received under the conditions mentioned above.
Products ordered by the Client will be delivered in mainland France or in the following regions:
- Europe
- Asia
- Africa
- North America
- South America
- Oceania
- Antarctica.
Deliveries are made within minutes to the address provided by the Client when ordering on the site.
Delivery is defined as the transfer of physical possession or control of the Product to the Client. Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the ordered products within the timeframes stated above.
If the ordered Products have not been delivered within days of the estimated delivery date, for any reason other than force majeure or the Client's own actions, the sale may be canceled at the Client’s written request under the conditions set out in Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The sums paid by the Client will then be refunded no later than fourteen days from the date of termination of the contract, excluding any compensation or deductions.
In case of a specific request from the Client regarding packaging or transport conditions, duly accepted in writing by the Seller, the related costs will be subject to additional specific billing, based on a quote previously accepted in writing by the Client.
The Client must verify the condition of the delivered products. They have 48 hours from delivery to make complaints by mail, accompanied by all supporting documents (including photos). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free of any apparent defects, and no complaint can be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its own expense, any delivered Products whose non-conformity or visible or hidden defects have been duly proven by the Client, under the conditions provided in Articles L 217-4 et seq. of the French Consumer Code and those set out in these T&Cs.
The transfer of risks of loss and deterioration related to the Products will only occur when the Client physically takes possession of the Products. Products therefore travel at the Seller’s risk, except when the Client has chosen the carrier themselves. In this case, the risk is transferred upon delivery of the goods to the carrier.
Ownership of the Products will only be transferred from the Seller to the Client after full payment of the price, regardless of the delivery date of said Products.
Given the nature of the Products sold, orders placed by the Client do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Client, under the terms set out in these T&Cs.
The Products provided by the Seller benefit from:
- the legal warranty of conformity, for defective, damaged or non-compliant Products
- the legal warranty against hidden defects arising from a material, design or manufacturing defect making the delivered products unfit for use
Article L217-4 of the French Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery..."
Article L217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is suitable for the customary use expected of a similar good and, where applicable:
- corresponds to the description given by the seller...
2° Or if it has the features defined by mutual agreement..."
Article L217-12: "The action resulting from the lack of conformity shall be time-barred after two years from the date of delivery."
Article 1641 of the French Civil Code: "The seller is liable for hidden defects..."
Article 1648 paragraph 1: "The action must be brought within two years of discovering the defect."
Article L217-16: "If the buyer requests a repair under warranty, any downtime of at least 7 days extends the warranty duration."
To exercise their rights, the Client must notify the Seller in writing... The Seller will refund, replace, or repair the warranted Products deemed non-compliant or defective. Costs will be reimbursed on proof.
The Seller's liability shall not be engaged in cases of:
- non-compliance with the laws of the country of delivery,
- misuse, commercial use, negligence, lack of maintenance, or force majeure,
- non-contractual images or graphics on the website.
Clients are informed that their personal data is necessary for the sale and delivery of Products, collected solely to execute the sales contract.
9.1 Data Collection
Collected data includes: names, postal address, phone, email.
Account Opening
During registration: name, address, phone, email.
Payment
For processing payments: financial details linked to the client.
9.2 Recipients
Data is used exclusively by the Seller and its staff.
9.3 Data Controller
The Seller is the data controller under GDPR.
9.4 Processing Limitation
Data is not used for advertising without explicit consent.
9.5 Retention Period
Data is kept for 5 years.
9.6 Security
Seller uses technical and organizational measures to secure data, but internet risks remain.
9.7 Exercising Rights
Clients may request access, update, deletion, portability, or objection to processing via email or post to the controller.
The controller must reply within one month. Refusals must be justified. Clients may appeal to the CNIL or courts. Marketing emails require opt-in and can be opted out at any time.
The content of the site http://cosmonade.fr is the property of the Seller and partners and protected by intellectual property laws. Full or partial reproduction is strictly prohibited and may be considered counterfeiting.
These T&Cs and the transactions resulting from them are governed by French law.
These T&Cs are drafted in French. In case of translation, only the French version will be legally binding.
For any complaint, contact customer service at the address in ARTICLE 1.
The Client may seek mediation or alternative dispute resolution (conciliation, etc.).
The designated mediator is:
E-commerce Mediator of FEVAD
FEVAD, 60 rue la Boétie – 75008 Paris
http://www.mediateurfevad.fr
Email: mediateurduecommerce@fevad.com
Clients may also use the Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
Any unresolved disputes will be subject to the competent courts under common law conditions.
Created with https://www.legalplace.fr
