Terms and conditions
ARTICLE 1: INTRODUCTION
These general terms and conditions of sale (hereinafter the "GTC" or the "Agreement") apply to all purchases of digital content not provided on a physical medium (hereinafter the "Digital Content" or the "Digital Content") entered into between you (hereinafter "you" or the "User") and Archel Play, whose registered office is located at 66 Avenue des Champs Elysées (75008), France, registered under number (registration pending) (hereinafter "Archel Play", the "Company" or "we").
The Digital Contents concerned by the GTC are the following:
on any of the websites published by ArchelGroup with a link to the GTCs (the "Sites") or within any of the video games published by Archel Play with a link to the GTCs (the "Games"), including within the Games available as mobile applications made available by Archel Play on mobile application download platforms (the "Applications"), you agree to comply with the GTCs.
These terms and conditions are without prejudice to any mandatory legal provisions in this regard and in particular those provided by the law applicable in your country of habitual residence.
In the absence of proof to the contrary, the data recorded by Archel Play constitutes proof of all transactions between Archel Play and you. The history of transactions on the Sites and within the Games (excluding transactions within the Applications) between Archel Play and you can be viewed at any time on the "Account Management" page accessible from the Sites.
PLEASE NOTE: When you purchase Digital Content, you expressly agree that it will be made available to you immediately and, therefore, you expressly waive your right to withdraw from the purchase.
ARTICLE 2: USER ACCOUNT
2.1 In order to make a purchase of Digital Content you must have an Archel Play account (the "Account").
For more information on how to create an Account, please refer to the Archel Play Terms and Conditions of Use.
2.2 You acknowledge that you are a natural person who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence requires it, have obtained the authorization of your legal representative (parent or guardian). You also acknowledge that you are legally capable of entering into a contract in accordance with the law, case law or customs of your country of habitual residence.
ARTICLE 3: AVAILABILITY
Our Digital Content offers are valid as long as they are visible on the Sites or within our Games. They may be removed or modified at any time.
ARTICLE 4: PRICE AND PAYMENT
4.1 You may acquire Digital Content by one of the means of payment offered by the Company. The available means of payment depend on the Digital Content that you wish to acquire and your country of residence. Similarly, the price of Digital Content may vary depending on the payment method selected and on your country of residence. The Company shall not be held liable if one of the payment methods usually available for the Digital Content concerned is not available at the time of your order.
Some payment methods are managed by payment service providers for which additional terms and charges may apply. Please check these terms and any additional charges before placing an order. You may also need to create an account with that payment service provider (for example, Paypal).
If you order via an Application, payments will be processed by the Application Platform used.
4.2 Except in exceptional cases, prices are set in the currency of your country of residence and include taxes. They do not take into account possible exchange rates and fees related to a particular payment method. All costs resulting from banking transactions, in particular for international transfers, are at your expense. If the sum due for the purchase of Digital Content does not reach us in its entirety, we will not be able to validate your order. We may then offer you the option of either completing your payment or cancelling your order and refunding the sums we have received as part of this payment. Communication costs related to the acquisition and use of Digital Content remain the responsibility of the User.
4.3 The Company may modify its prices at any time, without prior notice. However, in the event of payment by a non-instantaneous means (for example, bank transfer), the applicable rate shall be that in force on the day the contract was concluded.
4.4 You acknowledge that all payments made by you on the Venues or within the Games, for yourself or for any person you represent, are made with the authorisation of the holder of the means of payment used, failing which, the rules set out in Article 4.5 will apply. In any event, if you have not reached the age of majority in your country of habitual residence, you must obtain the authorisation of your legal representative before making any payment on our Sites or within our Games, if required by law or jurisprudence or applicable usage.
4.5 You acknowledge and agree that the Company shall not be liable for any payments made fraudulently on its Sites and Games, regardless of the means of payment used. If you are found to have made a fraudulent payment, i.e. without the free and informed consent of the holder of the means of payment, ArchelPlay reserves the right to sanction you and take legal action against you. Please note that you will find more information on non-financial sanctions in the General Terms and Conditions of Use and that these sanctions may go as far as the definitive suspension of your Account.
Similarly, if you have communicated your login details to a third party who will make a fraudulent payment, Archel Play may then take the same sanctions against you.
4.6 Certain Digital Content can be purchased in exchange for Audiotel codes. You acknowledge that any person using the Audiotel services is deemed to be the holder of the fixed telephone line or mobile telephone subscription (hereinafter the "Subscriber") used to generate the Audiotel codes or is deemed to have obtained the agreement of the Subscriber. The Audiotel codes as well as the SMS (Short Message Service) are not provided by the Company, but by a third party company. The surcharged calls and SMS messages sent from the Subscriber's telephone or mobile phone, in order to obtain Audiotel codes, are invoiced by the telephone operator. Archel Play cannot be held responsible for the use made of the Subscriber's telephone or mobile phone, nor for the resulting invoices. In the event of unauthorised use or hacking of the telephone or mobile phone, the Subscriber must contact his or her operator. Consequently, you acknowledge that the Subscriber is responsible for the use of the subscription telephone(s) of which he is the holder.
4.7 In accordance with our General Terms and Conditions of Use, it is strictly forbidden to sell or exchange in our Games and forums or anywhere else the Audiotels codes acquired on our Sites.
ARTICLE 5: MODE OF PURCHASE AND ORDER CONFIRMATION
5.1 For an order on our Sites :
After selecting Digital Content on our Sites, you will be asked to log into your Account. If this is your first payment on our Sites, Archel Play will ask you to certify your Account. Please refer to our Terms and Conditions of Use for more information on Account certification.
Regardless of the Digital Content selected, you will be presented with a summary of your order before confirmation.
You will receive an email confirmation that your order has been processed.
5.2 For an order within our Games (excluding orders within our Applications) :
Certain Games have a shop allowing you to acquire Digital Content by means of a payment card previously registered on your Account (see article 5.7 below).
After having selected a Digital Content within a shop available in the Game, you will be asked to proceed with its payment. If no payment card is registered on your Account, you will be automatically redirected to our Sites to proceed with the payment. If a payment card is registered on your Account, you will have the possibility (but not the obligation) to proceed to the payment of your order by means of this card. You will be asked for a verification code before your order is validated.
You will receive an e-mail confirming that your order has been taken into account.
5.3 For an order within our Applications :
5.4 Your order is accepted and the contract is concluded when a confirmation email is sent to you or when we activate access to the Digital Content. Unless you choose to pay by a non-instantaneous means (for example, bank transfer), the Digital Content is sold to you on a prepayment basis and therefore payment is due at the time of order and, in the case of tacit renewal of a subscription, at the beginning of the new subscription period.
5.5 In the case of a contract concluded with a payment instrument that does not allow irrevocable collection of the sum due at the time of order, the contract will be automatically terminated if the sum due is not actually collected by us at the latest within ten (10) days following the date of formation of the contract.
5.6 As part of the fight against payment fraud aimed at securing its customers' transactions, Archel Play may ask you to provide proof of identity and/or proof of address before validating your order.
The order will then only be definitive once Archel Play has received these documents and sent the confirmation e-mail. If these documents are not received within the given time limit or if they do not allow the author of the order to be identified with certainty, Archel Play reserves the right not to accept the order.
Archel Play also reserves the right to refuse an order if there is a payment for a previous order that has not yet been settled or in the event of an abnormally high level of orders.
5.7 You may, when ordering on some Sites, save your payment card details so that you do not have to enter them again when making future purchases on some Sites and/or Games.
Your payment card details are securely stored with our payment service provider.
You can consult the list of registered payment cards at any time in Account Management, under "Payments" and then "Manage my payment methods". You will then be able to delete the registered payment card(s).
Each time you wish to make a payment using a payment card already registered on your Account, you will be asked to enter a verification code. This verification code will be sent to you by email or SMS, depending on the choice you made when you agreed to have your bank details recorded. If you wish to change this choice, you must go to Account Management, delete the registered card and then re-register it using the other security feature.
ARTICLE 6: DIGITAL CONTENT
6.1 DANIEL BTL video game subscriptions
6.1.1 On the XXXXX website, the Company may offer Subscriptions to access the entire DANIEL BTL game.
6.1.2 To select a Subscription, you must go to the "Subscription" section of the site. You will then be able to select the duration of the Subscription that you wish to purchase, identify yourself on your Account and choose your payment method.
6.1.3 You can check the status of your Subscription(s) in Account Management.
6.1.4 The start of the Subscription is set at the precise moment of its activation on the Company's servers. If payment is instantaneous (for example, in the case of payment by credit card), activation is immediate. In all other cases (for example, in the case of payment by bank transfer), activation shall only take place upon receipt and collection by the Company of your payment.
6.1.5 Except in special cases, the Subscription term is calculated as follows:
1 week = 7 days
1 month = 30 days
3 months = 90 days
6 months = 180 days
1 year = 360 days
6.1.6 The Subscription ends at the end of the subscription period chosen by the User, unless the Account is Closed before this deadline.
6.4 Game Elements
6.4.1 Archel Play allows you to acquire usage rights to Game Elements, as defined below. Game Elements means all items offered for purchase by you on the Venues or within the Games, including but not limited to virtual items, cards, personalization items and services for use within the Games.
By placing an order for Games Elements, you acknowledge that you have read Article 5.4 of our General Terms and Conditions of Use.
6.4.2 Regardless of the terminology used, Archel Play only provides you with a right to use the Game Elements and not a right of ownership, which you expressly acknowledge. You acknowledge that the Game Elements are and shall remain the exclusive property of the Company. You acknowledge that the Game Elements have no financial value in the real world and do not constitute currency or property of any kind. You may not transfer, sell or otherwise trade (or attempt to do so) any rights to use any Games Elements outside of the Games and their rules.
6.4.3 Please note that Games Elements may have an expiry date. In any event, as the Game Features are associated with your Account, you will no longer have access to those Game Features in the event of an Account closure for any reason whatsoever, without you being entitled to any compensation whatsoever.
ARTICLE 7: REFUND - RETRACTION
The Digital Contents DO NOT GIVE ANY REFUNDS, even when not in use. Archel Play is not responsible for any errors or omissions by the User.
In accordance with applicable law, when you purchase Digital Content, you expressly agree that it will be made available to you immediately. Consequently, you expressly waive your right to exercise your right of withdrawal with respect to the purchase of Digital Content.
ARTICLE 8: PERSONAL DATA
ARTICLE 9: CUSTOMER SERVICE
9.1 You can contact Support by email: firstname.lastname@example.org.
ARTICLE 10: LIABILITY AND WARRANTY
10.1 THE USE OF THE DIGITAL CONTENT IS AT THE USER'S OWN RISK AND RESPONSIBILITY.
10.2 THE DIGITAL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ARCHEL PLAY DISCLAIMS ALL WARRANTIES AS TO THE MERCHANTABILITY OF THE DIGITAL CONTENT, USER SATISFACTION OR FITNESS FOR A PARTICULAR PURPOSE.
10.3 ARCHEL PLAY MAKES NO WARRANTY OR REFUND IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFER.
10.4 ARCHEL PLAY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL OR ANY PECUNIARY LOSS) ARISING OUT OF THE PURCHASE OF THE DIGITAL CONTENT.
10.5 ARCHEL PLAY SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE INTERNET SUCH AS LOSS OF DATA, HACKING, VIRUSES, DISRUPTION OF SERVICE, OR OTHER UNINTENDED PROBLEMS.
10.6 ARCHEL PLAY SHALL NOT BE LIABLE FOR ANY TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENT, SUCH AS: COMMUNICATION PROBLEMS DUE TO THE CUSTOMER'S INTERNET SERVICE PROVIDER (SLOW OR ALWAYS POSSIBLE INTERRUPTION), CONSTRAINTS AND LIMITATIONS OF THE INTERNET NETWORK, INCLUDING BUT NOT LIMITED TO TRANSMISSION OF INFORMATION DATA VIA THE NETWORKS AND DATA BREACHES, TECHNICAL PROBLEMS ENCOUNTERED BY THE ARCHEL PLAY HOSTING PROVIDER. FOR TECHNICAL REASONS, IN PARTICULAR FOR MAINTENANCE OR NETWORK FAILURE, A TEMPORARY INTERRUPTION OF THE SERVICES IS POSSIBLE.
10.7 IN SOME COUNTRIES, APPLICABLE LAWS PROHIBIT OR RESTRICT FREE ACCESS TO CERTAIN INTELLECTUAL WORKS; YOU UNDERTAKE TO VERIFY THAT UNDER THE LAW OF THE PLACE OF ORDER, THERE ARE NO SUCH PROHIBITIONS OR RESTRICTIONS REGARDING DIGITAL CONTENT ORDERED. IN GENERAL, ARCHEL PLAY SHALL HAVE NO LIABILITY IF THE DIGITAL CONTENT DOES NOT COMPLY WITH THE LAW OF THE PLACE OF ORDER.
10.8 ARCHEL PLAY SHALL NOT BE LIABLE FOR ANY DIGITAL CONTENT THAT YOU ORDER AND USE IN AN UNLAWFUL MANNER.
10.9 Some countries do not allow exclusions or limitations of liability. As a result, any such limitations or exclusions may not apply to you.
10.10 Subject to the foregoing, if Archel Play is found to be liable in connection with your use of the Digital Content, the amount of compensation to which you may be entitled is limited to the amount you have expressly paid for the Digital Content(s).
ARTICLE 11: GENERAL PROVISIONS
11.1 Applicable law: The GTC are subject to French law and the French language.
11.2 Severability: If any term or condition of this Agreement is held to be illegal, invalid or unenforceable, such term or condition shall be severed without prejudice to the application of the remaining provisions.
11.3 Changes to the GTC: Archel Play reserves the right to change the content of the GTC at any time in order to keep them up to date with the Digital Content offered. The date of last update at the bottom of the GTC will notify you of any recent changes. The conditions applicable for any dispute concerning an order are then those in force on the date of placing the said order. In all other cases, the modifications made to the GCS are automatically applicable on the date of publication on the Sites.
11.4 Disputes: All disputes to which the purchase and sale transactions concluded in application of the GTC may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between Archel Play and you will be submitted to the competent courts under the conditions of common law.
The User is informed of the possibility of resorting, in the event of a dispute, to conventional mediation or to any alternative dispute resolution method.
For consumers in the European Union: the European Commission provides an online dispute resolution platform accessible at the following link: http://ec.europa.eu/consumers/odr/.
Last update : January 2020