GENERAL TERMS OF SALE
PREAMBULEThe following terms and conditions apply to all purchase of products or services sold by the Société Cogitème EURL (the “Company”), with a 5800€ capital, registered at Poitiers (France) 'Registre du commerce et des sociétés' under the number 519 558 696.
Any individual purchasing the products or services sold by the Company via the website “www.jeu-logique.fr” (the “Site”) will hereunder be referred to as the “Buyer”.
The following terms and conditions aim to define the selling arrangements between the Company and the Buyer, from the order to the delivery. They cover all the steps necessary for placing the order and keep track of the order between the contracting parties. These conditions will prevail over any other condition in any other document, except in the case of prior express written consent.
By placing an order on the Site edited by the Company, the Buyer agrees to abide by these Terms without reserve.
The Buyer declares to be at least 18 years old and to have legal capacity, or a parental authorization allowing him to place an order on the Site.
The Buyer, prior to the placement of his order, declares that the purchase of products or services sold by the Company is not directly related to his professional occupation, their purchase being solely reserved for personal use only. As a consumer, the Buyer has therefore specific rights that would be challenged in the event of a purchase of products or services sold by the Company via the Site directly related to his professional occupation.
ARTICLE 1 : USER ACCOUNTThe Buyer gets access to the products and services sold by the Company by using a user account.
When creating the user account, the Buyer chooses a username and a password.
The Buyer agrees that the username and the password constitute the only validation system of the Buyer’s access to the products and services sold on the Site, all other means of validation are therefore excluded. The Buyer accepts that any action carried out using the username and password mentioned above is considered to have been carried out rightfully by the Buyer himself. The Buyer accepts that all electronic information or data recorded and/or stored by the Company for having delivered the services and/or products can be used as proof in criminal prosecution or opposed in justice before any competent authority.
ARTICLE 2 : PRODUCTS AND SERVICES ACCESSIBILITYThe services sold by the Company are those that appear on the Site at the moment the Buyer consults the Site.
The services sold by the Company are paid with credits.
Credits are available for sale on the Site as soon as the Buyer has registered a user account on the Site.
It consumes one or several credits to make use of a service.
The Buyer is warned by a message on the Site when he demands access to a service that requires credits. The message indicates the number of credits that will be consumed. The Buyer can then cancel or confirm the fact that he wants to use this service. The confirmation implies the Buyer’s acceptance of being charged for this service, and the required number of credits is debited from his account. The Buyer can access the history of how he used his credits on the Site: purchase and consumption.
The services the Buyer consumes are neither subject to refund nor exchange.
In no case whatsoever, can the credit balance of the Buyer be negative.
ARTICLE 3 : PRICEThe prices indicated on the Site are in Euros and include all taxes, VAT included.
If the VAT rate is modified, these changes could affect the price of the services and products without the Buyer being informed beforehand.
ARTICLE 4 : PAYEMENT TERMS AND SECURITYThe payment of the order will be done either by Paypal, cheque or transfer payment.
Paypal allows you to pay online without communicating your bank information during the transaction. You have to have created a Paypal account or have a bank (credit or debit) card accepted by Paypal (Carte Bancaire nationale, Visa, Mastercard, American Express, Aurore, Cofinoga, 4étoiles). The Buyer’s order, once confirmed, will only be considered effective by the Company when Paypal has confirmed the transaction and the Company’s Paypal account has been credited.
Payments by cheque or transfer payments are not available directly on the Site. The Buyer must send an email to firstname.lastname@example.org indicating the product or service he wishes to purchase. The practical details of the payment will then be sent to the Buyer by email. The order is considered complete by the Company as soon as the payment has been credited to the Company.
ARTICLE 5 : ORDER AND DELIVERYAll order of credit implies the Buyer’s express and irrevocable agreement concerning the prices and descriptions of the products and services available for purchase, as well as these terms and conditions.
The credits ordered are available on the Site as soon as the payment has been cashed in by the Company.
The Company will deliver a receipt to the Buyer by an email, sent to the address indicated by the Buyer while placing the order, as soon as the payment has been cashed in by the Company.
ARTICLE 6 : SPECIAL OFFERSSpecial offers can only be used to purchase products and services on the Site. They cannot be used on several products or services nor can they be converted into refund cheques. The offers addressed to the Buyer are personal and can never be given to another person. They have a limit of validation in time. The Site is not responsible for the loss or theft of a special offer addressed to the Buyer.
ARTICLE 7 : RIGHT OF WITHDRAWALThe Buyer has seven days, as of the use of the offer, to exercise his right of withdrawal without having to justify himself or pay a penalty. If the deadline is a Saturday, a Sunday or a bank holiday, it is extended to the next working day. When the right of withdrawal is exercised, the Company will give the Buyer a refund of all money paid, promptly or at the latest thirty days as of the exercise of this right.
In accordance with the “Informatique et Libertés” law, the processing of personal information concerning the Buyer was declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) on the 17th of June 2010, registered under the number: 1436636.
The client has (article 34 of the 6th of January 1978 law) the right to access, modify, rectify and delete data and/or information concerning him. He can exercise this right by sending his request via email to email@example.com, or by via letter to Cogitème EURL, App 116B, 58 route de Gençay, 86000 Poitiers, France.
ARTICLE 9 : INTELLECTUAL PROPERTYAll elements of the Site are protected by copyright, brands or patents.
They belong exclusively to the Company, and nobody can use these elements without prior written permission of the Company.
ARTICLE 10 : APPLICABLE LAW AND JURISDICTIONThese general terms and conditions of sale will be carried out and interpreted in accordance with French law.
In a case of dispute, the Buyer pledges to contact in first the Company in order to try to find a solution to any disagreement that may intervene between the parties.
When no conciliation can be met between the parties, French courts will have sole jurisdiction.
ARTICLE 11 : MODIFICATIONS TO GENERAL TERMS OF SALEThe Company reserves itself the right to adapt and/or modify at all times these general terms of sale. In the event of a modification, will be applied to each order the general terms of sale in effect at the moment the order is made.
Updated on March, 18th 2011.