Legal

Metaboli SAS
101 Rue de Sèvres (Lot 1674)
75279 Paris (CEDEX 06), France

If you have questions regarding how this service works, please contact
our customer support team by email: [email protected].

Company Information

SIRET:	438 915 415 000 71
VAT:	FR 66438915415
Registered:	438 915 415 (Paris / RCS)
Executives: Pierre Forest, Chris Vandebroek

Data protection rights:

The Distributor collects information about Customers to process orders and provide the best possible service.

The Distributor is fully committed to compliance with laws and provisions of the European Union. The following principles will be applied when the Distributor handles personal information:

• Your personal information is only used with your knowledge
• Only information that we actually need is collected
• Your personal information is only seen by those who need it to do their jobs
• We will not pass your personal information on to any other organization without your agreement unless required to do so by law
• Personal information is retained only for as long as it is required
• Your information will be protected from unauthorized or accidental disclosure
• We will provide you with a copy of your personal information on request
• Inaccurate or misleading data will be corrected as soon as possible

These principles apply whether the Distributor holds customers' information on paper or in electronic form.

During the use of the Service, some statistical information is gathered and transmitted to our partners but this information does not contain any nominative or personal information about customers.

The customer may request an overview of all stored information at any time by contacting the customer services. The customer service can also help to delete all information stored and/or delete the customer's account.

What personal data is collected?

A valid email address is required to create an account with Gamesplanet. Further customer data are optional and serve only the voluntary completion of the profile.

Which purpose does the collection of data serve?

Email addresses are used as a unique identifier for customers' accounts and to allow the delivery of purchase confirmations. Orders data are permanently stored to allow customers to keep a history of their purchases and to get confirmations of ownership on the store pages. Payment information are not saved permanently.

How can data be changed, deleted or the account be closed?

All personal data can be viewed and changed in the profile. The full deletion of the account is carried out by Gamesplanet employees. All details on the procedure can be found in the support entry: Delete account.

GENERAL TERMS & CONDITIONS for the purchase of Download to Own Video Games

1. Subject and limitations of the service:

Gamesplanet.com is an Internet website (hereinafter "the Site") offering internet users who have registered to the site (hereinafter "Customers"), a download to own video game service.

The user may select a video game, download it, install it on his computer and keep it on his hard disk drive (hereinafter "the Service").

The Service is operated by Metaboli (hereinafter the "Distributor"), a limited French company registered in Paris under the number B 438 915 415.

The Service consists in the digital delivery of video games and all associated content needed to install and run the said games (serial number or activation key, multiplayer key, bonus key…) as data files: no physical back‐up, notably CD‐rom or DVD‐rom will be sent (hereinafter "the Games" or the "Video Games").

Furthermore, the Service can also carry, under similar conditions, other products, such as strategy guides. These Terms and Conditions apply in the exact same way to all the other products.

2. Prerequisites:

2.1 – Internet Access: The Games available to download range from dozens of megabytes to many gigabytes in size: it is therefore recommended that the Customer has a broadband internet connection, either ADSL or cable. An internet access is also required to install and launch the downloaded Games, or, depending on the Games, to reach some dedicated features (multiplayer sessions, etc...).

2.2 ‐ Account: To use the Service, you will need to create an account and you will be required to supply valid information including a valid email address. Incorrect details may result in the rejection of your order.

2.3 – Computer: The Games require a clean computer, with system specifications fulfilling a certain number of requirements (CPU power, RAM, GPU...): these specifications are indicated online on a Game per Game basis. It is the Customer’s responsibility to check that their computer fulfills the minimum requirements to run each Game. If in doubt about the specifications, please refer to article 5 – Customer Service and ask our customer service.

2.4 – Digital Right Management (DRM): For each Game, the Customer is informed about potential usage of anti-copy measures and its delivery mode. The various DRMs, selected and implemented by the rights holders, may require to register on a third-party platform whose mode of operation is described in the Customer's account and in the Support section of the Site, under "Product Activation".

The Distributor will not be held responsible for misuse of the downloaded Games, nor for their compatibility with the Customer’s computer.

3. Price & Payment:

The prices of Games advertised for sale on the Site are as set out on the Site, errors and omissions excepted. Prices may change at any time prior to acceptance of Customer’s order.

There are orders for Games that have not yet become available. For some Games, Customers will be able to make a pre‐released order or a pre‐load order using the Site. Release dates are set by the publishers and are subject to change. As a result, the Distributor is not liable for any changes to a pre‐release date.

Pre‐release, pre‐load or download orders will be supplied at the price applicable at the time of order and the sale is said to have taken place once the Customer obtained the payment confirmed page and received a confirmation email.

No full bank or card details are visible by, nor stored by the Distributor or on the Site. In order to fight mounting internet fraud, the Distributor collects and records certain device identifying information such as IP addresses, as well as other non‐personally identifiable information. In addition, the Distributor has contracts in place with certain third-party service providers and shares such nonpersonally identifiable information with them to provide the safest user experience. This unique official identification contractually binds you. In the absence of fraud this information will remain confidential.

4. Customers Rights & Obligations:

4.1 – Customer ID:

The Customer is responsible for maintaining the confidentiality of his account's login and password, and is fully responsible for all activities that occur under this account.

The Distributor reserves the right to suspend or terminate any account if it is or appears to be used in breach of any of the provisions of these Terms & Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re‐register on the Site without the Distributor’s prior consent.

In the event of any unauthorized use of your account or any other breach of security, the Customer must notify the Distributor immediately by contacting customer services.

Note about Phishing (the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details): The Distributor will never ask the Customer to divulge his password. Such a request would be a fraud attempt by a third party.

4.2 – Game Delivery:

The Customer can access the Games’ data files and all associated content needed to install and run said Games (serial number or activation key, multiplayer key, bonus key…) once the payment has been validated. In order to fight fraud, the Distributor may refuse or delay the delivery of some or all of this associated content should the payment not be validated. If a Customer is waiting for a Game delivery, he may contact the customer service in order to speed the payment validation process up.

4.3 – Guarantees offered to consumers:

On Gamesplanet, you have several guarantees:

Right of withdrawal: First of all, you can return any game pre-ordered or purchased within 14 days, without having to provide a reason, as long as you have not started benefiting from the service. This is what we call the right of withdrawal.

This 14-day reflection period does not apply to online digital content, if you have already started accessing it and you have agreed that you lose your right of withdrawal in this case. On Gamesplanet, the fact of expressly confirming the validation of your order from your account and requesting receipt of your activation key puts an end to the right of withdrawal.

Apart from the right of withdrawal, you benefit from the legal guarantee of conformity.

Guarantee of conformity: if the game purchased on Gamesplanet turns out to be defective, does not work or does not correspond to its description on our site, Gamesplanet is required to repair, replace or reimburse it, in whole or in part. This is what we call the guarantee of conformity.

To be recognized as non-compliant, the game must meet one of the following points:

• The game received does not correspond to the game ordered,
• The game cannot be activated or downloaded,
• the game does not correspond to the description presented on our game sheet or in our promotions or editorial communications,
• the game has a development defect.

You cannot challenge the game conformity in the following cases:

• you knew or could not have been unaware of the presence of the defect which makes the game non-compliant,
• you purchased the game without verifying that you have the necessary hardware to run it and have nevertheless activated and integrated it into your game library,
• the lack of conformity which you claim has its origin in the hardware or software elements of your PC, your peripherals, or viruses previously present on your PC, thus, the defect observed does not come from the game which was delivered to you but from improper use of the latter.

4.4 – Implementation of the legal guarantee of conformity:

In the event of non-compliance of the game, you will be offered repair, replacement or total or partial reimbursement of the non-compliant game according to the possibilities offered to Gamesplanet by the game publisher.

You can generally only request a full or partial refund if the product cannot be repaired or replaced within 30 days. Please note that you will also not be entitled to a refund if the problem is minor.

In order to report the non-compliance of the game, you will be required to contact Gamesplanet support and provide in good faith i) a precise description of the problem encountered and which makes the game non-compliant and ii) a dxdiag of your PC allowing the Gamesplanet teams to confirm that the purchased game was installed on hardware that complies with its operation.

Without communication from you of these elements, the non-compliance of the game cannot be taken into account.

Upon receipt of these elements, our support team will seek a technical solution as quickly as possible with the publisher to resolve the failures reported within the legal period of 30 days.

If, after discussions with you, a technical solution proves impossible, Gamesplanet will provide a total or partial refund to the means of payment used during the purchase, within a maximum of 3 working days.

4.5 – License of Use:

The payment and download of Video Games gives the Customer an individual license that is non‐exclusive for the use of the video game purchased, for a purely private, nontransferable and non‐commercial use. The Customer commits to using the Game following the Publisher’s End User License as provided during installation and/or (depending on the Game) on the Site.

In consequence, the Customer is forbidden from modifying, decompiling, translating, adapting and/or copying the downloaded game(s) in any way, except to create a copy onto a CD or DVD‐rom or any other support for personal archiving.

The distribution of non‐authorized copies to third parties over the internet or any other network prevents the development of distribution by download and prevents the right holders from any remuneration which would be used for the creation of subsequent Games. In order to prevent fraud, the Customer may only install the Games on a limited number of machines (and reinstall a limited number of times) and/or, (depending on the Game), will have to create an account directly on the Publisher’s site or any third party selected by said Publisher to launch or access dedicated features from the Game.

In the event of problems arising from the reasonable re‐installation of the game (loss, system alteration, etc.), please contact the customer service which may expand customer’s rights after having analyzed any reasonable requests.

5. Customer Service:

The Distributor provides assistance with the Service for any questions relating to the download of, the installation of or the payment of a Game.

To receive assistance with the Service, Customers can go to the online support pages and, if they do not find the required answers, may contact the customer service using the contact form available on the Site.

In order for customer service to satisfy any request, the Customer will be required to give information that was sent to them after the purchase (sale ID), accurate information about the issue encountered and about the Customer’s computer environment.

The Distributor is not responsible for any issues linked to the Game itself. These issues are the Game Publisher’s responsibility only. The Distributor may provide links to the Game Publisher’s customer support or technical FAQ pages if and when available.

If none of the articles in the FAQ pages would help, Customer can contact Customer Service at [email protected].

6. Service Availability:

The Distributor commits to putting in place all the means at its disposal to ensure continued access to its Service. However, the Distributor cannot guarantee the speed of download of the games, as such things are the responsibility not only of the Service but are characteristics inherent to the Internet or the delivery of a third-party's service, notably those of the Internet Service Providers (ISPs).

The Service runs via a technological environment that is under the management and the responsibility of the Customer, the Distributor is not responsible for any problems arising from this environment.

Apart from that which concerns the Service provided, and aside from the momentary degradation of the quality of the Service, notably in the event of maintenance, repair, re‐enforcement, extension or improvement of the Service, the Distributor will not, in any event, be responsible for the reliability of the data transmission, the access speed or any other eventual restrictions of the Service.

7. Warranties:

The Consumer benefits, under the terms of each Publisher end‐user license, of a limited warranty for each Game purchased according to the present Terms and Conditions.

In any event, the responsibility and the guarantees of the Distributor are limited to the replacement of defective games or their eventual reimbursement.

The Distributor may provide a corrective patch to update the version of a Game purchased on the Site. This patch, provided for free by the Publisher is reachable from the Game’s menu itself, or from the Publisher’s website, or from the Site. For some Games, only patches provided from the Site are compatible with the versions of Games sold on the Site. The Distributor is not responsible for any issues linked to a non‐compatible patch installed by the Customer on a Game purchased on the Site.

8. Community tools:

In addition to the online selling of Games, the Distributor provides tools allowing communication between Customers (user reviews, forum posts, profiles, messages...).

8.1 Rules of Conduct: The Distributor may delete any illicit content and, as a potential author, the Customer will be held responsible when he contributes content to the Service. If a Customer encounters another user who is violating any of the rules of conduct, he shall report this activity to the customer service.

8.2 Property: When a Customer contributes content to the Service, the Customer expressly grants to the Distributor a non‐exclusive, perpetual, worldwide, complete and irrevocable right to quote, repost, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind.

9. Proof & Filing:

All data exchanged with the Customers are preserved by the Distributor under reasonable conditions of safety. The filing of these data is carried out on a reliable and durable back‐up means so as to correspond to a faithful and durable copy. In the event of conflict between the data held by the Distributor and any other document, it is expressly agreed that the aforementioned data will be recognized between the parties.

10. Epilepsy warning:

A very small portion of the population has a condition which may cause them to experience Epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Certain conditions may induce previously undetected Epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has experienced symptoms like an Epileptic condition (e.g. a seizure or loss of awareness), immediately consult your doctor before using any of the software available on this site. We recommend that parents observe their children while they play games. If you or your child experiences any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, DISCONTINUE USE IMMEDIATELY and consult your doctor.

11. Specific rules on the protection of minors and consumer information:

To answer the consumer’s need for information about the content of the offered Games, the Distributor systematically reproduces the classification established by the PEGI system (Pan‐ European Game Information). For more information on PEGI ratings please visit https://www.pegi.info/.

12. General Provisions:

The Distributor reserves the right to update the Terms and Conditions at any time. The Distributor will then provide access to the new Terms and Conditions on the Site. The new Terms and Conditions will take effect immediately, and will govern all new transactions through the Site.

The Customer must be eighteen years old to use this Site. If the Customer is under eighteen, he may only use the Site in conjunction with, and under the supervision of, a parent or guardian. If the Customer does not qualify, he is required not to use the Site.

Last updated: May 25th 2018