TERMS AND CONDITIONS OF SALE

It is preliminarily specified that these terms and conditions govern sales by Jester Games, a simplified joint-stock company with a capital of 1000 euros, whose registered office is at 37 boulevard Jean Jaurès – 74500 Évian-les-Bains (FRANCE), registered in the Trade and Companies Register of Thonon-les-Bains under number 914 028 170, of all products offered for sale on their website www.jester-games.com (hereinafter the “Site”).

Prior to this date and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these terms and conditions of sale are made available to any buyer for information purposes.

You acknowledge that you have read these General Terms and Conditions of Sale and have accepted them before your immediate purchase or the placing of your order.

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to your purchase is the one in force on the date of the immediate purchase or the placing of the order.

The validation of your order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

ARTICLE 1 – PRICES

Our product prices are indicated in euros, all taxes included, excluding participation in processing and shipping costs.

For all products shipped outside the European Union and to the DOM-TOM, VAT will not be applicable but import duties/customs duties or other local taxes or state taxes may be payable. These duties and sums are not the responsibility of the Seller. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations of your country or locality. We advise you to inquire about these aspects with your local authorities.

All orders, regardless of their origin, are payable in euros.

The products will be invoiced on the basis of the rates in force at the time of recording of the orders. Except in case of inadequacy with the law of commerce, in which case you will be notified of this modification.

The products remain the property of the Seller until full payment of the price.

ARTICLE 2 – ORDER

Orders are made on the Site by clicking on the “Add to cart” button.

The sale is deemed to be concluded on the date of acceptance of the order or pre-order by the Seller.

The contractual information is presented in French.

The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 3 – VALIDATION

You acknowledge that you have read and accepted these General Terms and Conditions of Sale before placing your order or pre-order. The validation of your order/pre-order therefore constitutes acceptance of these General Terms and Conditions of Sale.

Subject to proof to the contrary, the data recorded by the Seller constitutes proof of all transactions between the Seller and its customers.

ARTICLE 4 – AVAILABILITY

For products

Our product and price offers are valid as long as they are visible on the Site, within the limit of available stock. In this context, information on the availability of products is provided to you at the time of placing your order.

However, exceptionally, it may happen that there are simultaneous orders or stock errors making the ordered product unavailable.

In the event of unavailability of a product after placing your order, we will inform you by email or mail as soon as we receive the information from our suppliers. If you wish, your order can be cancelled and you will then be immediately refunded if your bank account has been debited.

Beyond a delay of 3 months, for reasons of expiration of the authorization of debiting on the card, you will be informed by email and you can choose either to keep your order pending the missing product or to request a cancellation and immediate refund.

ARTICLE 5 – DELIVERY

The Seller delivers to most countries in the World.

Shipments are made from Monday to Friday. The products are delivered to the delivery address you indicated during the ordering process. Delivery times are indicative only and do not constitute a contractual document.

For shipments in France: products are shipped via Mondial Relay to a relay point (2 to 5 days – working days, for Metropolitan France).

For shipments abroad: products will be shipped via Mondial Relay, depending on the destinations. The delivery time is variable and given as an indication only depending on the destination selected.

Attention: when sending to a country other than Metropolitan France, you are the importer of the products concerned. For all products shipped outside the European Union and the DOM-TOM, the price will be calculated excluding VAT automatically on the invoice. Import duties or other local taxes or import duties or state taxes may be payable. They will be your sole responsibility.

In case of delay in shipping, an email will be sent to you. In this case, and as long as the preparation of your order has not started for its shipment, you may request its cancellation and refund.

ARTICLE 6 – PAYMENT

Payment for your purchases is made by credit card or PayPal.

Payment by credit card (3D-Secure) and PayPal is made when the order is placed.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the applicable legal provisions, you have a period of 14 calendar days from the receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.

You must inform the Seller of your decision to withdraw by sending him an email, before the expiration of the period of fourteen days.

The returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, and accompanied by a copy of the invoice for optimal management.

Items returned unpacked, incomplete, damaged, damaged or soiled by the customer are refunded with a discount relative to the degradation of the product.

Only the price of the products subject to withdrawal will be refunded, the return costs remaining at your expense. The refund will be made within a period of fourteen (14) days from the receipt by the Seller of the request for exercise of the right of withdrawal.

The Seller may defer the refund until receipt of the product(s) object(s) of the order, until you have provided proof of shipment of this or these product(s), the date retained being that of the first of these events.

Certain products and services listed in Article L221-28 of the Consumer Code cannot be the subject of a right of withdrawal. These include in particular:

the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or protection of health;
the supply of digital content not provided on a material medium whose execution has started after the express prior agreement of the consumer and express waiver of his right of withdrawal. Thus, in the context of the supply of dematerialized products and as exposed in article 11, you expressly acknowledge that you waive your right of withdrawal.

ARTICLE 8 – COMPLAINTS / RETURNS

We undertake to exchange products that are apparently defective, damaged or do not correspond to your order. In this case, we thank you for informing us in detail to the Customer Service, the coordinates of which are indicated in article 12, and this before any return.

In case of missing parts, we will take care of making the request to the publisher and sending you the missing parts.

In case of defective products or elements, we will invite you to return the product(s) or element(s) to us so that we can send you the replacement elements. The return methods will be indicated in response to your email.

The shipping costs will be refunded to you under the conditions of Article 10.

In any case, you benefit from the legal guarantees exposed in Article 9.

ARTICLE 9 – COMPLIANCE OF PRODUCTS

The proposed products comply with the French legislation in force.

9.1 Legal guarantee of conformity

The Seller is liable for defects of conformity appearing on the products for two (2) years from their purchase.

It is recalled that under the legal guarantee of conformity:

you have a period of two years from the delivery of the goods to take action against the Seller;
you can choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code;
you are exempt from providing proof of the existence of the conformity defect of the goods during this period.

This guarantee allows you to obtain the free repair of your product or its exchange, subject to the cost conditions provided for by law. Failing this, if the repair or exchange are impossible or could not be implemented within the month following its acceptance, the Seller will refund the price.

To exercise this guarantee, the products must be returned to us in the condition in which they were received with all the elements (accessories, instructions, etc.) as well as a copy of the invoice. Products returned by mail must be packed in such a way as to ensure their transport in good conditions. In this case, the return shipping costs will be refunded under the conditions described in Article

9. 9.2 Guarantee against hidden defects

You may also invoke the guarantee against hidden defects of the goods sold under Article 1641 of the Civil Code and in this case, you may choose between the cancellation of the sale or a reduction in the price of sale in accordance with Article 1644 of the Civil Code.

This guarantee must be exercised within a period of two years from the discovery of the defect. It will then be up to you to prove in particular that the defect existed at the time of purchase, that it was hidden and that it makes the product unusable.

The provisions of this article do not prevent you from benefiting from the right of withdrawal (satisfied or refunded) provided for in Article 7.

ARTICLE 10 – REFUND

Refunds of products in the cases provided for in Articles 8 and 9 will be made within a period of less than or equal to 30 days after receipt of the products by us. The refund of the shipping costs of the initial order will be made on the basis of the least expensive mode of transport offered by the Seller at the time of the order.

The refund will be made at the choice of the Seller by credit to your bank account or by bank check sent to the name of the customer who placed the order and to the billing address. No shipment against refund will be accepted, whatever the reason.

ARTICLE 11 – CUSTOMER SERVICE

For any information or question, we are at your disposal:

Tel.: +33(0)7 67 97 87 51
Email:

ARTICLE 12 – INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on the Site are reserved under copyright and intellectual property law for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the Site is strictly prohibited.

ARTICLE 13 – LIABILITY

The photographs and visuals illustrating the products are indicative only and do not constitute a contractual document. We invite you to refer to the description of each product to know its precise characteristics; and in case of doubt or if you wish to obtain additional information, do not hesitate to contact us (+33(0)7 85 16 17 41).

In case of manifest error between the characteristics of the product and its representation and/or the conditions of sale, the Seller cannot be held liable.

Although the Seller makes every effort to ensure the permanent availability of the servers, access to the Site may be temporarily suspended for technical or maintenance reasons, without prior notice.

The Seller is not responsible for the permanent updating of the Site and is not responsible for the content of the sites to which the hypertext links on the Site refer, or which are linked to it by any means whatsoever.

The Seller does not guarantee that the Site is free of viruses and other dangerous components. It is up to you to take all appropriate measures to protect your own data and/or software from contamination by any viruses that may be circulating on the Internet. To this end, you accept the fact that the Seller and its service providers cannot in any case be held liable for any fortuitous, material and/or immaterial, direct and/or indirect damages which may result from access to or use of the Site, including inaccessibility, loss of data, deterioration, destruction or viruses that could affect your computer equipment, and/or the presence of viruses on its Site.

Furthermore, any material downloaded and/or obtained, in any manner whatsoever, during the use of the Site, is done at your own risk. The Seller will in no case be responsible for damages and/or loss of data suffered.

ARTICLE 14 – APPLICABLE LAW – DISPUTES

These general conditions of sale in French are executed and interpreted in accordance with French law.

In case of dispute, you should first contact the Seller to obtain an amicable solution.

In the absence of an amicable settlement, you may choose:

To resort to an amicable mediation solution within a maximum period of one (1) year from your written complaint to the attention of the Seller:

either by referring the dispute to a consumer mediator for the amicable resolution of the dispute. In this case, the dispute will be submitted to mediation in accordance with the mediation rules of the CMAP – Centre de médiation et d’arbitrage de Paris – near the Paris Ile-de-France Chamber of Commerce and Industry,

or by using the online dispute resolution platform set up by the European Commission. The European Commission will transfer your complaint to the competent national mediators notified.

Failing this, the French courts will have sole jurisdiction.

ANNEX ARTICLES OF THE CONSUMER CODE RELATING TO THE LEGAL GUARANTEE OF CONFORMITY

Article L217-4

The seller delivers a product conforming to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.

Article L217-5

The product is conforming to the contract: 1° If it is fit for the purpose usually associated with such a product and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, made known to the seller and accepted by him.

Article L217-6

The seller is not bound by public statements made by the producer or his representative if he demonstrates that he was not aware of them and could not legitimately have been aware of them.

Article L217-7

Any lack of conformity which becomes apparent within twenty-four months of delivery of the product is presumed to have existed at the time of delivery, unless proved otherwise. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L217-8

The buyer is entitled to require conformity of the goods with the contract. However, he cannot contest the conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies if the defect has its origin in materials that he himself has supplied.

Article L217-9

In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed in accordance with the buyer’s choice if this choice involves a manifestly disproportionate cost in view of the other option, taking into account the value of the goods or the seriousness of the defect. He is then obliged to proceed, unless it is impossible, in accordance with the option not chosen by the buyer.

Article L217-10

If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same applies: 1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience to him, taking into account the nature of the goods and the use he seeks to make of them. The sale may not, however, be set aside if the lack of conformity is minor.

Article L217-11

The application of Articles L. 217-9 and L. 217-10 is made without any cost to the buyer. These same provisions do not preclude the award of damages.

Article L217-12

The action resulting from the lack of conformity lapses two years from the delivery of the goods.

Article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law.

ARTICLES OF THE CIVIL CODE RELATING TO THE GUARANTEE OF DEFECTS IN THE ITEM SOLD

Article 1641

The seller is liable for the guarantee with regard to hidden defects in the item sold which render it unfit for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them.

Article 1642

The seller is not liable for apparent defects and those of which the buyer is aware.

Article 1643

He is liable for hidden defects, even if he was unaware of them, unless in this case he has stipulated that he will not be obliged to give any guarantee.

Article 1644

In the cases provided for in Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as determined by experts.

Article 1645

If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.

Article 1646

If the seller was unaware of the defects in the item, he will be liable only for the restitution of the price and for reimbursing the buyer for the costs incurred in the sale.

Article 1647

If the item which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensation explained in the two preceding articles.

But the loss occurred by chance will be for the account of the buyer.