Terms and Conditions of Sale

The seller's contact details are as follows:

• Oupo, Registered with the Annecy Trade and Companies Register under number 878983766
• 42 avenue de la gare - 74700 Sallanches - France
• Intracommunity VAT: FR05878983766

Article 1 - Scope and Generalities

These General Terms and Conditions of Sale (the "GTCS") apply, without restriction or reservation, to all sales made by the seller to non-professional purchasers ("Customers") wishing to purchase the products offered for sale ("Products") by the seller on the DoliGames.com website.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the DoliGames.com website, which the Customer is required to read before ordering.

The choice and purchase of a product are the sole responsibility of the customer.

Product offers are subject to availability, as specified when the order is placed.

These terms and conditions are accessible at all times on the DoliGames.com website and shall prevail over any other document.

The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before completing the online ordering procedure on the DoliGames.com website.

In the absence of proof to the contrary, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.

Article 2 - Prices

Products are supplied at the prices in force on the DoliGames.com website at the time the order is registered by the vendor.

Prices are expressed in Euros, exclusive of VAT.

Prices take into account any discounts granted by the seller on the DoliGames.com website.

These prices are firm and non-revisable during their period of validity, but the seller reserves the right to modify prices at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the customer corresponds to the total amount of the purchase, including these charges.

Article 3 - Orders

It is the customer's responsibility to select the products they wish to order on the DoliGames.com website, according to the following procedures:

• Add to basket.
• Add shipping and billing information.
• Choose from available delivery options.
• Payment options available.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will be considered valid only after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the DoliGames.com website constitutes the formation of a distance contract between the customer and the seller.

The seller reserves the right to cancel or refuse any order from a customer with whom there is a current or past dispute.

The customer will be able to follow the progress of his order on the site or via information sent by e-mail.

Article 4 - Specific conditions for pre-orders and backorders

A pre-order is the purchase of a product before the official release date dictated by the manufacturer or its distributor and subject to availability on its release date.

A backorder is the purchase of a product that DoliGames.com does not have in stock at the time the order is placed. DoliGames.com will then have to restock from the manufacturer or distributor without knowledge of their actual availability at the time of the order made by the customer and therefore subject to availability by the manufacturer or distributor.

4.1 Effective reservation

Pre-ordered or restocked items are reserved for the customer only after full payment of the order amount and in chronological order of purchase by the various DoliGames.com customers.

4.2 Pre-order product availability date

The release date of a pre-ordered product is indicated as communicated by the manufacturer or distributor. This date may be modified at any time by the manufacturer or distributor, and DoliGames.com cannot be held responsible for any delay in availability resulting from this date change.

The availability date communicated to the customer corresponds to the date from which DoliGames.com will be able to begin shipping all pre-ordered products, subject to receipt of the products concerned at DoliGames.com's premises.

4.3 Actual availability and unavailability

The quantities of products we order from the manufacturer or its distributor are specifically calculated taking into account orders placed by all DoliGames.com customers.

It is possible that products sold as pre-orders are cancelled by the manufacturer or that the number of products supplied by the manufacturer or its distributor does not allow DoliGames.com to honor the order made by the customer.

DoliGames.com will inform the customer of the unavailability and reimburse the customer for the products concerned.

Article 5 - Customer area and account

In order to place an order, the customer is invited to create an account (personal space).

To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status, contact details and e-mail address.

The customer is responsible for updating the information provided in the event of a change of information or postal address. Customers are advised that they can modify this information by logging into their account.

To access his personal space and order history, the customer must identify himself using his user name and password, which are strictly personal. As such, the customer agrees not to divulge them to any third party. Should this not be the case, the customer shall remain solely responsible for any use made thereof.

The customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: hello@DoliGames.com.

In the event of non-compliance with the general terms and conditions of sale and/or use or a decision by the seller, the DoliGames.com website may suspend, close or delete a customer's account without formal notice.

Any account deletion, for whatever reason, entails the pure and simple deletion of all the customer's personal information.

The creation of an account implies acceptance of the present terms and conditions of sale.

Article 5.1 - 3X or 4X payment with Oney

Pay for your order in 3 or 4 instalments by credit card from €200 up to €3000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €200 to €3000 in 3 or 4 instalments with your bank card.

Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express are not accepted.

How to subscribe: Once you have completed your order, simply click on the "3x 4x Oney payment by credit card" button. You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and a personalized financing application, which you must then validate. Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details linked to your 3x 4x Oney account. You will then read the general terms and conditions of the instalment plan to which you wish to subscribe, which are provided in PDF format so that you can read, print and save them before accepting them.

You then notify your electronic acceptance by clicking on the corresponding checkbox. You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable, unreserved acceptance of the product's general terms and conditions. In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the granting, management and collection of credit. Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day cooling-off period to cancel your credit.

How does it work? Payment by credit card in 3 or 4 instalments enables you to pay for your order on our website as follows:

A compulsory deposit, debited on the day of confirmation of shipment of your order; two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for 3 times and 30, 60 and 90 days later for 4 times, which include charges corresponding to 1.58% of the total amount of the order for a 3 times and 2.37% for a 4 times (up to a maximum of €25 for a 3 times payment and €50 for a 4 times).

Payment in 3 instalments from €200 up to €3000

Example: For a purchase of €150, deposit of €52.37, then 2 monthly payments of €50.

Credit for 2 months at a fixed APR of 21.18%. Cost of financing: €2.37 up to a maximum of €25.

Payment in 4 instalments from €200 up to €3000

Example: For a purchase of €400, deposit of €109.48, then 3 monthly payments of €100.

Credit over 3 months at a fixed APR of 21.31%. Cost of financing: €9.48 up to a maximum of €50.

Conditions as of 03/11/2023. For more information visit oney.fr

Special conditions for one-off promotional offers: For payment in 3 instalments without charge: the cost of financing is 0% of the total amount of the order. Example for a purchase of 150€, deposit of 50€, then 2 monthly payments of 50€, Credit for a period of 2 months at a fixed APR of 0%.

Cost of financing: 0€. For payment in 4 free instalments: the cost of financing is 0% of the total amount of the order. Example for a purchase of €400, €100 down payment, followed by 3 monthly payments of €100. Credit for 3 months at a fixed APR of 0%. Cost of financing: 0€.

Oney Bank -SA au capital de 51 286 585 € -Siège social : 34 avenue de Flandre 59170 CROIX -RCS Lille Métropole 546 380 197 -n°Orias : 07 023 261 -www.orias.fr -Correspondence : CS 60006 -59 895 Lille Cedex 9 -www.oney.fr

Article 6 - Terms of payment

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for monetary transactions carried out on the DoliGames.com website. The price is paid by secure dematerialized payment.

Payments made by the customer will not be considered final until the seller has received the sums due.

The seller will not be obliged to deliver the products ordered by the customer if the latter does not pay the price in full or under the conditions indicated below.

The price is payable in cash by the customer, in full, on the day the order is placed. However, the customer may, when this possibility is indicated on the DoliGames.com website, pay according to the conditions and schedule in several instalments over a limited and defined period.

In this case, in the event of late payment and payment of sums due by the customer beyond the fixed deadlines, and after the payment date appearing on the invoice sent to the customer, late payment penalties calculated at the legal rate applicable to the amount inclusive of tax of the purchase price appearing on the said invoice, will be automatically and by right acquired by the seller, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the customer, without prejudice to any other action that the seller may be entitled to take against the customer in this respect.

In addition, the seller reserves the right, in the event of failure to comply with the payment terms set out above, to suspend or cancel the delivery of current orders placed by the customer.

Article 7 - Delivery

Orders are prepared and dispatched from Monday to Friday on the premises of DoliGames.com.

Products ordered by the customer will be delivered in France and Europe, unless the country or region of destination is not included in the list of zones available on DoliGames.com.

For shipments to countries other than metropolitan France or the European Union's free-trade area, the customer is the importer of the products ordered. Customs duties or other local taxes may be payable, and are the sole responsibility of the customer.

If the order includes one or more products on pre-order or awaiting restocking, as well as one or more products already available, the entire order will be placed on hold and will only be dispatched when all products are available. Except in special cases or when one or more products are temporarily or permanently unavailable, all products ordered will be delivered at once.

If the customer wishes immediate dispatch of items in stock, he/she must request this from the seller. Separate delivery of products will be subject to additional shipping charges, to be paid beforehand and in addition to the shipment of available products. The amount of these charges will be communicated to the customer in advance.

Delivery is constituted by the transfer to the customer of physical possession or control of the order.

The seller undertakes to use its best efforts to deliver the products ordered by the customer within the time limits specified above.

If the products ordered are not pre-ordered or available for restocking and have not been delivered within 30 days of the order date, for any reason other than force majeure or the customer's fault, the sale may be cancelled at the customer's written request under the conditions set out in articles L216-1 to L216-8 of the French Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier to the address given by the customer at the time of ordering, and to which the carrier has easy access.

When the customer has chosen a carrier, delivery is deemed to have taken place as soon as the products ordered have been handed over by the seller to the carrier, who has accepted them without reservation. The customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the seller in the event of non-delivery of the goods transported.

In the event of a special request by the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the seller, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the customer.

The customer must check the condition of the products delivered. The customer has a maximum of 30 days from delivery to send a complaint by e-mail to hello@DoliGames.com, accompanied by all relevant evidence (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the seller.

The seller will reimburse or replace, as soon as possible and at its own expense, any products delivered for which the customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

Article 8 - Transfer of ownership

The transfer of ownership of the products from the seller to the customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.

The transfer of the risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the products. Products travel at the seller's risk, except when the customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

Article 9 - Right of withdrawal

In accordance with article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.

The right of withdrawal may be exercised online, using the contact form, or by sending a request to hello@DoliGames.com in a free and unambiguous form, expressing the desire to withdraw, or in particular by post addressed to the seller at the postal address.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.), enabling them to be marketed as new, and accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted and will be held at the customer's disposal for a period of one year at the premises of DoliGames.com for personal delivery or return by post to the customer, with the cost of return to be borne by the customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the customer under the conditions set out in this article.

Article 10 - Seller's liability - Warranties

Products supplied by the seller benefit from :

• The legal guarantee of conformity, for defective, damaged or damaged products or products that do not correspond to the order.
• The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

Provisions relating to legal warranties :

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 defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L217-5 of the French Consumer Code

"The good conforms to the contract:

1° If it is fit for the use normally expected of similar goods and, where applicable :

• If it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model.
• If it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.

In order to assert his rights, the customer must inform the seller, in writing (email or letter), of the non-conformity of the products or the existence of hidden defects as soon as they are discovered.

The seller will reimburse, replace or have repaired any products or parts under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of products deemed to be non-conforming or defective will be made as soon as possible after the seller has established the non-conformity or hidden defect.

The seller may not be held liable in the following cases:

• Non-compliance with the legislation of the country in which the products are delivered, which it is the customer's responsibility to check.
• In the event of misuse, professional use, negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product, accident or force majeure.

The photographs and graphics used to present the product on the site are not contractual and do not engage the responsibility of the seller.

In any event, the seller's warranty is limited to the replacement or reimbursement of products that do not conform or are defective. 

Article 11 - Personal data

The customer is informed that the collection of his personal data is necessary for the sale of products by the seller and for their transmission to third parties for the purpose of delivering orders.

11.1 Collection of personal data

The following personal data is collected on the DoliGames.com website: Name, surname, date of birth, postal address, telephone number and e-mail address.

In the context of payment for products offered on the DoliGames.com website, financial data relating to the customer's/user's bank account or credit card is recorded. At no time is this data visible or available to the seller; only the approved payment service provider involved in banking transactions carried out on the DoliGames.com website retains this data for a legal period.

11.2 Recipients of personal data

Personal data is used by the seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of products.

The category(ies) of co-contractor(s) is (are) :

• Transport providers.
• Payment service providers.

11.3 Data controller

The data controller is the seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

11.4 Data retention period

The seller will keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.

11.5 Security and confidentiality

The seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.

11.6 Implementation of customer and user rights

In application of the regulations applicable to personal data, customers and users of the DoliGames.com website have the following rights:

They may update or delete their personal data by completing the contact form or sending an e-mail to hello@DoliGames.com.

They may delete their account by writing to the above e-mail address.

They may exercise their right of access to their personal data by writing to the above e-mail address.

If the personal data held by the seller is inaccurate, they may request that the information be updated by writing to the e-mail address indicated above.

They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the e-mail address indicated above.

They may also request the portability of data held by the seller to another service provider.

Finally, they may object to the processing of their data by the seller.

These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must reply within a maximum of one month.

Any refusal to grant the customer's request must be justified.

The customer may be asked to tick a box indicating that he/she agrees to receive informative and advertising e-mails from the seller. The customer may withdraw this consent at any time by contacting the seller (contact details above) or by following the unsubscribe link.

Article 12 - Intellectual property

The content of the DoliGames.com website is the property of the seller, with the exception of content for which the seller holds the rights of use and which is therefore protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 13 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 14 - Disputes

For all complaints, please contact the customer service department at the seller's postal or e-mail address indicated in the present GTCS.

The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm

All disputes arising from the purchase or sale operations concluded in application of these GTS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.