Ankama Store Terms and Conditions of Sale

                                                                                                                              

ARTICLE 1: INTRODUCTION

The general Terms and Conditions of Sale ("TCS") presented below apply to any purchase of products on the website www.ankama-shop.com (the "Website") completed between you ("You" or the "Customer") and the company AKM Distribution, a simplified joint-stock company with its head office located at 75 Boulevard d'Armentières, Roubaix (59100), France, identified by the Lille Metropolitan Area Companies and Commerce Register (RCS) under number 519 287 320 and with VAT number FR68519287320 ("We", "Us", "Ankama", or "AKM Distribution").

The TCS are available at any time on the Website by clicking on "Terms and Conditions of Sale" or "TCS". The TCS may change at any time. In case of a dispute about an order, the applicable conditions are those that were in force when the order was placed. In any other case, changes made to the TCS enter into legal force immediately after they are published on the Website.

When You validate your order, You must accept these TCS. 

Specific additional terms and conditions may apply for any purchase of digital content not provided in material form on the website www.ankama-shop.com (downloadable music and games). Please refer to the specific terms and conditions available in the Appendix to these TCS.

 

ARTICLE 2: YOUR CAPACITY AS BUYER

2.1 To make a purchase on our Website, You must have an account (hereinafter the "Account"). You can create an Account as follows:

  • Either by going to the "Create an Account" (or equivalent) section of the Website;
  • Or in the process of ordering, during the identification step.

2.2 You acknowledge that You are an individual 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 so requires, You have obtained permission from your legal representative (parent or guardian) to create an Account and/or access the Services. You also acknowledge that You have are legally capable of entering into a valid contract in accordance with the laws, jurisdiction, or the customs of your country of habitual residence.

 

ARTICLE 3: PRODUCT AVAILABILITY AND CHARACTERISTICS

3.1 On our Website, We present the products and their detailed characteristics in order to inform You of their essential characteristics before the You validate your order.

3.2 Unless stated otherwise, all products on the Website are available. We will advise You by email if any of the products You order are unavailable. We reserve the right to offer You a replacement product of equivalent quality and price. If this is not possible for Us or if You refuse this product of equivalent quality and price, We will proceed to cancel your order and offer You a refund, if necessary. If We offer You a product to replace the product initially ordered, and You do not respond to our offer within seven (7) days, We will consider that You have declined the offer.

If a Product is unavailable, this does not entitle You to any form of compensation. However, You will be refunded the amount already paid in the event that an order is canceled.

 

ARTICLE 4: PRE-ORDERS

Some items may be available for pre-order on the Website, depending on their official release date. Pre-ordering is accompanied by an indicative release date that We announce when the pre-order period begins. Having sole responsibility for the sale of our products, We reserve the right to modify this release date at any time.

In the event that items are pre-ordered on the Website, the entire order will be held until the item(s) become available. In the event that an order includes one (or more) pre-ordered item(s) and one (or more) item(s) already available on the Website, the entire order will be put on hold and will not be shipped until all of the items are available. If You want to receive the available product(s) immediately, You must place two separate orders on the Website.

The deadline for delivery of an order will be based on the item with the longest shipping date.

Before You confirm your pre-order, You can see the estimated delivery date while selecting your payment method.

During the pre-order period, there may be a purchase quantity placed on some items. We reserve the right to cancel and refund orders if they do not comply with these Terms and Conditions of Sale.

 

ARTICLE 5: PRODUCT PRICES AND PAYMENT

5.1 The prices indicated for the products are in euros (EUR), inclusive of tax. These prices include neither shipping fees, nor any insurance fees, nor the communication fees related to using the Website, which are your responsibility. The shipping costs will be displayed in addition to the price of the product, depending on the country You have selected.

5.2 Any order placed on the Website to be delivered abroad (outside of France) may be subject to the taxes and customs duties legislated by the country of delivery. These taxes and customs duties are your responsibility. It is your responsibility to find out about the existence of any such regulations that are in force in the country where You wish to have your order delivered prior to placing any order. We cannot be held liable in this regard.

5.3 The payment methods available may vary according to your country of residence. To find out more about the payment methods available, please consult the "Payments and Security" section of the Website.

Some payment methods are managed by payment service providers for which additional terms and fees may apply. Please check these conditions and any additional fees before placing an order. You may also need to create an account with this payment provider (for example, PayPal).

Ankama cannot be held responsible if one of the payment methods usually available for the products is not available when You place your order.

5.4 You acknowledge that all payments You make on the Website, whether for Yourself, or for any person You represent, are made with the authorization of the holder of the payment method used. Failing this, the rules set forth in Article 5.6 will apply. In any case, if You have not reached the age of majority in your country of habitual residence, You must obtain the authorization of your legal representative before making any payment on our Website, if the laws, case law, or applicable customs of said country require it.

Payment will be in euros. If payment is made from a foreign country where one of the alternative currencies offered is available, payment must be made in the corresponding alternative currency.

5.5 As part of efforts to combat payment fraud, with the aim of securing its customers' transactions, Ankama may ask You to provide proof of identity and/or proof of residence before confirming your order.

The order will therefore only be definitive once Ankama has received these documents and the confirmation email has been sent. If these documents are not received within the time limit set, or if they do not allow the party placing the order to be identified and his/her residence to be proved with certainty, Ankama reserves the right not to accept the order.

Ankama also reserves the right to refuse any order if there is an outstanding payment for a previous order, or in the event of an abnormally high rate of orders.

5.6 You acknowledge and agree that Ankama is in no way responsible for fraudulent payments made on the Website, regardless of the payment method used. Any identity theft, fraudulent use of payment methods, bank card fraud, fraud, unjustified refusal to pay, and/or any other actions or omissions liable to damage Ankama will be prosecuted in civil or criminal proceedings. If it is proven that You are the author or accomplice, Ankama also reserves the right to penalize You by proceeding to definitively suspend your Account.

 

ARTICLE 6: PRODUCT DELIVERY

Unless stated otherwise or in case of unforeseeable events preventing the delivery of products, the products ordered may be delivered in the countries listed on the Website in the "Delivery" section. If You wish to place an order from or have an order delivered to a country not displayed on the list, please contact Us beforehand via the Support website.

Shipping and insurance fees will be your responsibility. By default, products are shipped at the standard rate for France and the most economical rate for any other country. We may be able to offer You other methods and other rates for shipping the products You have ordered. If You wish to inquire about this service, please contact Us via the Support website before placing your order.

The delivery dates will be indicated when your order is confirmed. Please note: In the event of non-immediate payment, the delivery date will be counted from the day We receive your payment.

In accordance with the legal provisions, in the event of late delivery compared to the date indicated during the validation of your order, if – after sending Us a registered letter with request for acknowledgment of receipt or a request in writing in another durable medium ordering Us to make the delivery within a reasonable additional time – We do not make the delivery within this additional period, You will be able to cancel your order on the same basis.

The cancellation will be effective on receipt of your letter or written instruction informing Us of your desire to cancel your order, unless your order has arrived in the meantime.

We will refund the full amount paid for your order no later than fourteen (14) days from the date of receipt of your cancellation request.

 

ARTICLE 7: RETENTION OF TITLE

In accordance with the Act of May 12, 1980, the products remain the property of Ankama until full payment (actual receipt) of the amount due. In the event that payment is canceled, the products must be returned to Us at your expense.

 

ARTICLE 8: LEGAL GUARANTEES

Ankama is liable for the lack of conformity of goods with the contract under the conditions of Articles L. 211-4 et seq. of the French Consumer Code and the hidden defects of objects sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

When You act as a legal guarantee of conformity:

 

  1. You have a period of two years from the delivery of the product to act;
  2. You may choose between repair or replacement of the product, subject to certain conditions provided for in Article L.211-9 of the Consumer Code;
  3. You are exempted from providing proof of non-conformity of the product for a period of twenty-four months following delivery of the product.

 

The legal guarantee of conformity applies independently of any other guarantee that Ankama may grant.

 

You may decide to implement the guarantee against hidden defects of objects sold within the meaning of Article 1641 of the Civil Code. In this case, You can choose between canceling the sale or a reduction of the selling price, in accordance with Article 1644 of the Civil Code. 

 

 

 

ARTICLE 9: WITHDRAWAL

Except in the cases provided for below ("Exceptions to the right of withdrawal"), You have the right to withdraw from this contract without providing a reason, within a period of fourteen days, under the terms and conditions provided for below:

Period: The withdrawal period expires fourteen days after the day that You – or a third party other than the carrier and designated by You – physically takes possession of the product.

Terms of exercise: To exercise your right of withdrawal, You must notify Us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, a letter sent by mail or email). You may use the withdrawal form template sent with our purchase confirmation email, but this is not mandatory. If You choose not to use our withdrawal form, your request for withdrawal must include, as a minimum, all the information requested on said form in order to be taken into account.

Our address is: AKM Distribution, 62 rue Meyerbeer, 59100 ROUBAIX, France.

Refunds: In the event of your withdrawal from this contract, We will refund all payments received from You for the products concerned, including delivery fees (except for additional fees arising from the fact that You have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by Us) without undue delay and, in any event, no later than fourteen (14) days from the day We are informed of your decision to withdraw from this contract. We will issue your refund using the same payment method that You used for the original transaction, unless You expressly request a different method. In any case, You will not incur any fees as a result of this refund. We may defer the refund until We have received the product or until You have provided proof of shipment of the product; the date taken into account shall be the earlier of the two.

Product returns: You must return the product to AKM Distribution, 62 rue Meyerbeer, 59100 ROUBAIX, France, at the same time as the withdrawal form or, in any event, no later than 14 days after You have informed Us of your decision to withdraw. This period is deemed to be respected if You return the product before the fourteen-day period expires. You will be responsible for the direct fees of returning the product.

Products must be returned in their original packaging and in perfect condition. Damaged, soiled, or incomplete products will not be accepted and hence will not result in a refund.

You are only liable for the depreciation of the product resulting from handling other than that which is necessary to establish the nature, characteristics, and proper functioning of said product.

Exceptions to the right of withdrawal:

You can not exercise your right of withdrawal for the following products:

  • personalized products;
  • audio or video recordings, or computer software where the item has been unsealed (CDs, DVDs, etc.);
  • newspapers, periodicals, or magazines, excluding subscriptions to these publications; and
  • digital content not provided via a physical medium (downloadable music and games).

Special cases:

Due to their specifics, special rules apply to the following products:

  • Ogrine cards: You have the option to withdraw from your purchase of Ogrines cards only if the card(s) is/are still sealed.
  • Krosmaster blindboxes: You have the option to withdraw from your purchase of Krosmaster Blindboxes only if the box(es) is/are unopened.

 

 

ARTICLE 10: LIABILITY

We accept liability for serious faults and bodily injury caused by the normal use of our products.

We do not accept liability in the following situations:

  • Cases of force majeure preventing the proper performance of the contract.
  •  Loss of profits and other shortfalls in case of delayed delivery.
  • Non-bodily injury caused by using our products.
  • Cessation of our activity.
  • In the event of non-substantial differences between the description of the products and the products themselves. Images and other visual elements are not contractually binding.

 

ARTICLE 11: PROTECTION OF PERSONAL DATA

You may be asked to provide Us with personal information while using our Website. To find out how We handle this information, please read our Privacy Policy carefully; it can be found at the following link: https://www.ankama-shop.com/en/content/13-privacy-policy.

 

 

ARTICLE 12: CUSTOMER SERVICE

12.1 The Support website (https://support.ankama.com/hc/en-us) is the preferred means of access to the customer service department (hereinafter the "Support").To create a request on the Support website, You must create a helpdesk account by providing, in particular, a valid email address. Your request will be saved in the form of a ticket (identifiable by a seven-digit number).

12.2 You can also contact Support:

  • By mail at the following address:

ANKAMA
Support Service

BP 60403

59057 Roubaix Cedex 1 France

  •  By phone: +33 (0)3 20 36 36 09 (price of a local or international call, depending on where You are calling from).

The Support Team takes calls from Monday to Friday (excluding French public holidays) from 9 a.m. to 12.30 p.m. and from 2 p.m. to 6 p.m. (Paris time).

NOTE: The above-mentioned postal address is only used to contact customer service. For any return of a product in the exercise of your right of withdrawal, please refer to Article 9 and thus return your parcel exclusively to the address indicated in said article.

 

ARTICLE 13: INTELLECTUAL PROPERTY

The content of the Website is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement of copyright.

 

ARTICLE 14: NULLITY OF AN ARTICLE

Should all or part of one or more articles of this text be challenged by a court of law, the articles in question must be interpreted (legally) as closely as possible to the spirit of the original text.

Any modification or annulment of one or more articles by a court of jurisdiction does not call into question the validity of the other articles, except in the case of a judicial ruling to the contrary.

 

ARTICLE 15:  APPLICABLE LAW AND DISPUTES

These TCS are subject to French law, and are in English.

All disputes to which the purchase and sale transactions entered into under these TCS may give rise, concerning their validity, interpretation, execution, cancellation, consequences, and results – and which cannot be resolved between Ankama and the Customer – will be subject to the relevant courts under the conditions of ordinary law.

The Customer is informed that, in the event of a dispute, he/she may resort to conventional mediation or any alternative form of dispute resolution.

For consumers in the European Union: The European Commission provides an online dispute resolution platform, which is available via the following link: http://ec.europa.eu/consumers/odr/.

 

ARTICLE 16: PRE-CONTRACTUAL INFORMATION

You acknowledge that these TCS and all information referred to in Articles L. 121-19 and L. 121-19-3 of the Consumer Code were communicated to You in a clear and understandable manner before the conclusion of the contract and, in particular:

  • the essential characteristics of the product;
  • the price of the product;
  • the date or delivery time;
  • information relating to our identity, our postal and email addresses, and telephone number;
  • information relating to the legal guarantees;
  • information relating to the right of withdrawal; and
  • the payment methods accepted and any delivery restrictions.

BEFORE PLACING AN ORDER, YOU MUST ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE GENERAL TERMS AND CONDITIONS OF SALE.

 

Last updated on: May 25, 2018

 

 

ANNEX 1: DOWNLOADING MUSIC

 

  1. Ankama may offer a music download service (hereinafter the "Download Service") on the Website.
  2. The payment of the full amount gives You the right to read and transfer the downloaded files to your audio players, without limitation as to the number of times You read or transfer these, and without time constraints, but for private use only. This right is in no way transferable to a third party without the prior authorization of Ankama.
  3. Upon validation of your order and your payment, We will provide You with instructions via email that will enable You to download the file(s) ordered.

Please be reminded that You will only be able to activate the download link three times.

  1. We commit to exchanging damaged files. In the event of damaged files, please report this in detail to the Customer Service department as soon as possible in accordance with the procedures laid down in Article 12 herein.

Ankama will thereby exchange the damaged file(s), provided that Ankama is responsible for said damage (see Article 7).

The damaged file(s) will be exchanged as soon as possible, and at the latest within 30 days from the date on which the right was exercised.

5. In accordance with applicable law, You expressly agree that the music files are provided to You immediately after our purchase confirmation email is sent. Therefore, You expressly waive the right to exercise your right of withdrawal with regard to the purchase of music files.

6. All music files offered as part of the Download Service are governed by French and international legislation on copyright and intellectual property. All rights of reproduction and representation are strictly reserved. In this regard, and in accordance with the Intellectual Property Code, only utilization for private usage subject to different or more restrictive provisions of the Intellectual Property Code is authorized. Any reproduction or representation of all or part of the music files for purposes other than their intended use is strictly prohibited, even when their origin is mentioned, and will be considered as a copyright infringement subject to civil and/or penal proceedings. Any sale, exchange, lending, or transfer of files to a third party is strictly prohibited.

In the event that the music files accessible as part of the Download Service contain identification information and/or technical verification and restriction of use measures, or protection against third parties, You agree to not to interfere with these particulars or measures and/or to modify or delete them.

You agree not to attempt to circumvent or modify the software necessary to use the Download Service, to violate these TCS, nor to impede, modify, or delete any information relating to the rights management relative to music files, nor to encourage or to assist third parties to perform such acts.

Except with the prior written consent of Ankama, music files may not:

  • be hosted (as a file or web page, in whole or in part) on a public or private server other than that of Ankama;
  • serve as a basis of work for another file subsequently modified by any means.

Ankama accepts no liability for technical problems that are independent of the Download Service, such as communication problems due to the Customer 's internet service provider (slow speed or ever-possible disconnection), constraints and limits of the internet – including the transmission of data via networks and data breaches – or technical problems experienced by Ankama's hosting company. For technical reasons, specifically involving maintenance or network failure, temporary interruption of the Download Service is possible.

 

The Customer is solely responsible for his/her use of the Download Service and Ankama will accept no liability for any complaint and/or procedure made against it.

 

 

ANNEX 2: PROVISION OF THE VIDEO GAMES FLY'N AND KWAAN

 

  1. Ankama is able to offer a service to provide the video games FLY'N and KWAAN (hereinafter individually the "Game" or collectively the "Games") on the Website by providing a Steam activation code (hereinafter the "Activation Code"). The Activation Code can only be used on the digital distribution platform Steam (http://store.steampowered.com/). It will enable You to download and install the Game on this platform.
  2. You recognize and accept that by buying an Activation Code, the Game will be delivered to You in the form of an electronic file via the digital distribution platform Steam. As a result, no physical medium (e.g., DVD-ROM or CD-ROM) will be sent to You.
  3. The Activation Code will be emailed to You within 24 hours at the latest following validation of your payment. Ankama cannot be held liable if the information communicated when You created your account, in particular, your email address, is or has become inaccurate. Please ensure that your email address is valid. You can check and/or change your email address in the Manage Account section on the Website. You need to know the answer to your secret question in order to change it.
  4. In accordance with applicable law, You expressly agree that the Activation Code will be sent at the same time as our purchase confirmation email. Therefore, You expressly waive the right to exercise your right of withdrawal with regard to the purchase of Activation Codes.
  5.   An Internet connection is required to activate the Activation Code and install the Game. All telecommunications costs are your responsibility. In addition, We specify the minimum configuration required to install the Game prior to You acquiring the Activation Code. It is your responsibility to check that your hardware is compatible prior to placing any order. You will not be entitled to any refund should your hardware configuration be insufficient.
  6. The creation of a Steam account and installation of the Steam client software are mandatory to be able to download and install the Game and to access it. The various steps required for activating the Game will be emailed to You automatically once You have placed your order. When You create an account on Steam, install the Steam client software, and use your Activation Code, You consent to the Steam Subscription Agreement (hereinafter the "SSA"). Go to the address www.steampowered.com/agreement to read the SSA prior to making any purchase. It is also your responsibility to check – prior to making any purchase – the minimum configuration required to install the Steam client software. You will not be entitled to any refund should your hardware configuration be insufficient.
  7. When You activate the Activation Code, You will be granted a non-transferable, non-exclusive limited license for your personal use of the software for the Game, and You agree to use it in accordance with the SSA.  The Game and its installation software are reserved strictly for private use and You may not exploit them for commercial use under any circumstances. All rights relating to the Game and its elements are the property of Ankama and are protected by French and international copyright and intellectual property right laws.