ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor person in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (and any part or content of the Service) at any time without notice.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without prior notice in our sole discretion. We reserve the right to discontinue offering a product at any time. Any service or product offerings on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or any other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any approval. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party provider(s).
We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, websites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that may in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments that you or any third party publishes.
SECTION 10 – PERSONAL INFORMATION
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or on any related website is inaccurate, at any time without notice (including after you place your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No fixed date of updates or updates in the Service or any other associated website should be relied upon to conclude that information in the Service or any other associated website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to do or participate in illegal acts; (c) to violate any state, federal, provincial, state or international law, rule or regulation; (d) to infringe or violate our or any third party’s intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided to you “as is” and “as available” for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Maniac Health, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and protect Santé Maniac, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or otherwise. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums owed up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, shall be governed by and construed in accordance with the laws in force at 9 rue dupleix, Tourcoing, O, 59200, France.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at firstname.lastname@example.org.
YOUR RIGHT OF WITHDRAWAL
If, for any reason, you are not satisfied with a product you have ordered, you can exercise your legal right of withdrawal. You may invoke your right of withdrawal by informing us that you wish to return the product within 30 calendar days of delivery of the product to you or to a third party designated by you (other than the carrier) or, if you have ordered several products in a single order which is delivered separately, within 30 calendar days of delivery of the last product, without any reason.
If you make use of your right of retraction, you are obliged to return the products to us as soon as possible and at the latest within 30 calendar days from the day on which you communicated to us your wish to retract.
Please make sure that the products you return are complete and have not been used other than in a reasonable and strictly necessary way to decide whether or not to keep the products. If you fail to comply with the above and the value of the product decreases as a result, we may hold you responsible for this loss in value. The right of withdrawal does not apply if the product is manufactured according to your express or clearly personalised requests.
You can also inform us that you wish to exercise your right of cancellation by another unequivocal statement (e.g. by letter, fax or e-mail). It is sufficient to send us this declaration before the end of the cancellation period.
If you inform us that you wish to return a product, we will refund all payments made, (except for any additional costs resulting from your choice of delivery other than the cheapest standard type of delivery offered by us) without undue delay and, in any event, no later than 30 days from the date on which we are informed of your decision to exercise your right of withdrawal. We may, however, choose to withhold the refund until we have received the products or until you have provided proof that you have returned the products.
Refunds will be issued based on the original method of payment. If you paid by bank transfer, you must give this information to customer service when you initiate the return so that we can refund the money directly to your account.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you are able to order a product before the planned retail launch. Due to the nature of Pre-Ordering, the following specific conditions apply to Pre-Ordered products:
Delivery. Pre-ordered products are intended for delivery before the launch date, provided that we have received your payment at least 3 working days before this date. Exact delivery times depend on when the product is available in our warehouse. Standard delivery times will apply from the moment the pre-ordered product is available in our warehouse. This information is only an estimate and does not bind VIDEO GAME MANIAC.
Payment. Unless you have chosen payment on or after delivery, the following applies. Your payment will be deducted upon receipt of the order (or, in case of bank transfer, as soon as possible). We will not process your order until we have received payment. For bank transfers, this may mean that the delivery will be later than indicated above.
Product launch date. The planned product launch date (product launch) for your pre-order product can be found on the product description page on the Website.
GENERAL TERMS AND CONDITIONS OF PRE-ORDERING VIDEOS GAMES – TELEPHONY (only for metropolitan France)
ARTICLE 1 – SCOPE OF APPLICATION
These general terms and conditions of pre-order apply to any remote order including one or more products pre-ordered by a natural person with legal capacity and acting in a personal capacity as a consumer with VIDEO GAMES MANIAC, either directly on the VIDEO GAMES MANIAC website accessible at the following address: https://xbox-scarlett-shop.com, or via a VIDEO GAMES MANIAC application for smartphones or tablets (hereinafter, together the “Site”).
Pre-ordered products are those products identified as such on the Site in the Video Games store (hereinafter the “Video Games Products”) and in the Telephony store (hereinafter the “Telephony Products”) on the Site and sold solely by VIDEO GAMES MANIAC (excluding products sold on the VIDEO GAMES MANIAC Marketplace) (hereinafter together the “Pre-ordered Products”).
The present general terms and conditions of pre-order are an integral part of the GCS. Full, unreserved and unconditional acceptance of the GCS implies acceptance under the same conditions of the present terms and conditions.
The general terms and conditions of pre-order applicable are those in force on the Site at the time of your order.
ARTICLE 2 – PAYMENT FOR PRE-ORDERED PRODUCTS
In the event that your order includes only one or more Pre-Ordered Products, the amount of your order (or your first payment in the event of payment in installments) will be debited at the time of shipment of the Pre-Ordered Products.
If your order includes more than one Pre-Order Product that are shipped on different dates, the full amount of your order will be debited at the time of shipment of the first Pre-Order Product.
In the event that your order includes one or more Pre-Order Products as well as other immediately available products, the full amount of your order (or your first payment in the event of payment in installments) will, for technical reasons, be debited at the time of shipment of the immediately available products.
ARTICLE 3 – GUARANTEE OF THE LOWEST PRICE FOR VIDEO GAMES MANIAC PRODUCTS
In the event that the price charged at the time of purchase of a pre-ordered Video Game Product is higher than the price charged by VIDEO GAMES MANIAC for the same Video Game Product pre-ordered on its Site during the pre-order period (i.e. until the day before the release of the pre-ordered Video Game Product), a voucher of a value equivalent to the amount of the difference between these two prices will be credited to your customer account, provided that the price difference is equal to or greater than €0.50 (hereinafter the “VIDEO GAMES MANIAC lowest price guarantee”).
Pre-ordered Telephony Products are excluded from the Lowest VIDEO GAMES MANIAC Price Guarantee.
The Lowest VIDEO GAMES MANIAC Price Guarantee is subject to the following cumulative conditions:
– The pre-ordered Video Game Product purchased from VIDEO GAMES MANIAC and the pre-ordered Video Game Product whose price is presented on the Site is lower:
– MUST BOTH BE sold by VIDEO GAMES MANIAC (excluding products sold on the VIDEO GAMES MANIAC Marketplace);
– MUST BE from the Jeux Vidéos store only;
– MUST BE both identical (same brand, same model, same color, same manufacturer reference, same manufacturer warranty period, etc.) ;
– MUST NOT be second-hand products;
– MUST NOT be products sold on sale or at cost price;
– MUST NOT be products sold in a VIDEO GAMES MANIAC pack or in a manufacturer’s pack.
– The offer is limited to one refund per order and per preorder Video Game Product.
Pre-ordered Video Game Products paid by the following credit cards: Cetelem Card, Aurore, Cofinoga, VIDEO GAMES MANIAC Card, Casino Card are not eligible for the Lowest VIDEO GAMES MANIAC Price Guarantee.
In the event that the conditions of the Lowest VIDEO GAMES MANIAC Price Guarantee are met, the purchase voucher will be made available to you via your customer account at the earliest fourteen (14) days following the national release date of the pre-ordered Video Game Product.
ARTICLE 4 – DELIVERY OF PRE-ORDERED VIDEO GAME PRODUCTS
4.1. Guaranteed delivery on D-day
For any pre-order of one or more Video Game Products for which you have selected an Express home delivery method, VIDEO GAMES MANIAC guarantees delivery to your home on the day of the official national release of the pre-ordered Video Game Product(s), regardless of the amount of your order.
4.2. Free delivery from twenty-five euros (25 €)
In the event that the amount of your pre-order of one or more Video Game Products is greater than or equal to twenty-five euros (€25), delivery costs shall be free.
If your pre-order order of one or more Video Game Products also contains products that are immediately available and/or Telephony Products that have been pre-ordered, delivery of the latter remains subject to payment of the corresponding shipping costs detailed in the VIDEO GAMES MANIAC GCS.
ARTICLE 5 – MODES OF DELIVERY
VIDEO GAMES MANIAC offers you different delivery methods for your Pre-Order Products.
For more information concerning all delivery methods, please refer to article 6 of the GCS.