DLgamer
 
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 ARTICLE 1 : INTRODUCTION 
 


DLGAMER is an online store that sells software and games that you can download and is managed by Nexway.

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 (hereafter referred to as "User" or "You") and the S.A. Nexway, with a capital of € 1,017,160, whose headquarters is located at 1 bd des Bouvets 92741 Nanterre France (hereinafter referred to as "Nexway") and registered in the Trade and Companies Register of Nanterre under the number B 440 953 859.
These Terms and Conditions of sale are the only ones applicable and replace all other conditions, unless previously agreed otherwise in writing. Nexway 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.
By accessing the website you agree to the Terms and Conditions and to the Terms of Use contained therein.

 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.
Nexway 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 Nexway. 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

 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 Nexway constitutes evidence of all the transactions made by Nexway and its customers

 ARTICLE 5 : AVAILABILITY 
 


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 : Individual Licence 
 


Purchasing and downloading a video game provides the customer with a non-exclusive, non-transferable and individual licence of the dowloaded video game. This licence is exclusively provided for personnal use.

 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 
 


Dlgamer offers several modes of payment: credit card (CC, Visa, Eurocard, Mastercard, Amex) by cheque or transfer or via Paypal.
For payment by credit card, the debit is carried out when your order is shipped 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 and SET technology.
Their use does not require prior loading of software on your drive. The system transmits to the server of our partners answer codes compliant to the standard IS 8583 of the ISO, and in the case of an agreement, a receipt is provided to both parties: the customer and the online retailer. This electronic receipt subsequently allows the validating of the existence of the payment at the request of both parties.
The cryptography means used have been the subject of a statement to the administrative services of the French government.

 ARTICLE 9 : RIGHT OF RETURN 
 


Buying a digital constitutes an immaterial service processed through a numeric mean exclusively. In application of the « Code de la Consommation »'s L.121-20-2 article, no right of rescission can be exercised regarding downloaded products.

 ARTICLE 10 : RESPONSIBILITY 
 


This contract is subject to the French law. Nexway 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.
Nexway could not be held responsible for the consequences resulting from the misuse of products sold on the Website

 ARTICLE 11 : APPLICABLE LAW - 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 genu
Dlgamer
1 Boulevard des Bouvets - 92000 NANTERRE
TVA FR FR 05 478 076 946
44095385900046 R.C.S NANTERRE - SA au capital de 1.180.672,00 €

 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.