Terms and Conditions of Use and Sale

Last update date: January, 30 2024

These General Terms and Conditions of Use and Sale (hereinafter the "Terms") are proposed by Quantic Dream SAS, with a capital of €1,426,370, registered in the Paris Trade and Companies Register under number 412 332 686, whose registered office is located at 30 rue Raoul Wallenberg 75019 - France (hereinafter "THE SELLER" or "QUANTIC DREAM").

THE SELLER offers for sale, via its website https://shop.quanticdream.com/fr (hereinafter the "Website"), video games, including in the form of an activation key, as well as derivative products associated with the games offered and/or with QUANTIC DREAM (hereinafter the "Products") to any natural person acting for purposes that do not fall within the scope of his or her professional activity (hereinafter the "Customer"). 

For any information concerning the Products offered for sale on the Website (with the exception of any questions relating to a Product order for which the Customer Service Department is competent), the Customer may contact the SELLER at the following address: info-eshop@quanticdream.com. 

Each Customer acknowledges that he/she has read and understood these Terms and all the information necessary for the performance of the present contract, in accordance with articles L.111-1 to L.111-8 and L.221-5 of the French Consumer Code, prior to placing his/her order and before entering into a contract with QUANTIC DREAM.

1. APPLICATION AND ENFORCEABILITY OF TERMS

The purpose of the present Terms is to define the conditions of access and use of the Website as well as the terms and conditions for ordering Products by Customers, and apply, without restriction or reserve, to any order of Products made on the Website.

The present Terms must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.

These Terms are systematically notified to the Customer when his/her account is created and his/her order is validated on the Website. Each Customer must absolutely take note of them and accept them unreservedly:

• in order to create his/her account, it being specified that by opening a personal account, the Customer confirms to be at least 16 years old; and/or
• in order to validate his/her Product order on the Website. This acceptance consists in checking the box provided for this purpose during the validation of his/her order. Checking this box is deemed to have the same value as a handwritten signature by the Customer.

During the ordering process, the Customer may accept, by means of a checkbox, to receive by email news and promotional or commercial offers concerning the SELLER's products and/or services. The Customer may withdraw this consent at any time. 

In case of modification and/or adaptation of these Terms by THE SELLER, only the version in force at the date of the Customer's order on the Website is validly applicable. The Customer shall be informed of any modifications made to the present Terms at the time of his/her subsequent logging onto the Website.

The fact that THE SELLER does not avail itself, at a given moment, of any of the provisions of the present Terms cannot be interpreted as being a waiver of the right to avail itself of them later.

THE SELLER invites each Customer to read these Terms carefully, to print them and/or to save them on any durable medium, before proceeding to ordering any Product on its Website.

2. ACCESS AND AVAILABILITY OF THE WEBSITE

QUANTIC DREAM offers free access to its Website, with the Customer remaining responsible for his/her computer equipment and his/her Internet connection, the costs of which are at his/her expense.

The access to the Website can be realized: 

• from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet and Internet browsing software (such as Internet Explorer, Mozilla Firefox, Google Chrome, Safari);

• a telephone terminal with access to a telecommunications network allowing access to the Internet (4G, 5G, wifi etc.).

QUANTIC DREAM makes its best efforts to make the Website permanently accessible, subject to the maintenance operations necessary for the proper operation of the Website or the servers on which it is hosted. Any temporary suspension due to maintenance work or a technical problem on the Website shall be the subject of express notification to the Customer (such as a mention on the Website). In the event of an interruption for maintenance, QUANTIC DREAM cannot be held responsible for the possible impact of this unavailability on the Customer's activities.

The Customer is warned of the technical hazards inherent in the Internet and the interruptions to access that may result. Consequently, QUANTIC DREAM cannot be held responsible for any unavailability or slowdown of the Website and/or the consequences resulting from a case of force majeure affecting the operation of the network and/or the servers. 

3. TERMS AND CONDITIONS OF THE CONTRACT BETWEEN THE CUSTOMER AND QUANTIC DREAM

3.1  Creation / Holding of a Customer  account 

The possession of a personal Customer account is not a necessary and obligatory prerequisite to proceed with ordering Products on the Website. However, the Customer account allows access to a personalized interface, to manage his/her profile and his/her orders. 

If the Customer wishes to create a Customer account, he/she is invited to provide the information required by QUANTIC DREAM, for which he/she is solely responsible for the truthfulness, accuracy, relevance and updating. Any incomplete account creation cannot be validated by QUANTIC DREAM.

Once created, the Customer has the possibility to access his/her account by logging in with his/her login ID (e-mail address defined during registration and password). The Customer is entirely responsible for the protection of the chosen password. He/she is encouraged to use complex passwords. If the Customer forgets his/her password, he/she can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer is therefore prohibited from transmitting or communicating it to a third party.

If the data contained in the Customer's account were to disappear as a result of a technical failure or a case of force majeure, the SELLER cannot be held responsible. 

Each Customer is free to close his/her account on the Website, by sending an e-mail request to the SELLER indicating that he/she wishes to delete his/her account. The Customer is informed that a period of approximately 10 to 15 days is necessary for his/her personal data to be effectively deleted from the systems of the e-commerce solution Shopify, or any e-commerce solution, used by the SELLER. Orders placed will be kept for reporting purposes only, subject to the rules mentioned in the Privacy Policy.

The SELLER reserves the right to remove:

• the account of any Customer who has contravened these Terms (in particular, and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and setting up his/her personal space), without prejudice to THE SELLER's right to seek compensation for its loss or to bring any legal action against the Customer, if necessary; or
• any account that has been inactive for at least two (2) years. Prior to deletion of the account due to inactivity, the SELLER will send an e-mail to the Customer to notify him/her and will give the Customer the opportunity to log on again in order to keep his/her account.

The deletion of the account will not give rise to any compensation to the Customer. 

3.2 Placing an order on the Website

Product(s) orders are carried out via the Website, whether the Customer has an account or not.

The Products offered are those shown on the Website. Each Product is accompanied by a description: QUANTIC DREAM strives to provide visuals and detailed descriptions that are as faithful as possible to the Products. As these visuals and illustrative texts are not contractual, the Customer may not hold QUANTIC DREAM liable in this respect. 

These Products are offered within the limits of available stocks. In case of temporary stock shortage, the Customer will be duly informed. The SELLER may set up an alert system allowing the Customer to enter his/her email address in the space provided for this purpose in order to be alerted of the return of the Products concerned.  

In case of suspected fraud, the SELLER reserves the right to limit the quantities ordered by the Customer of the Product reference concerned.

In order to proceed with his/her order (or pre-order), the Customer chooses the Product(s) he/she wishes to order by adding them to his/her shopping cart, the content of which is accessible and can be modified at any time. From his/her Cart, the Customer can validate his/her selection in order to place his/her order or pre-order.

If the Customer does not complete the ordering process, the SELLER may contact the Customer at the e-mail address provided by the Customer when creating the account or when ordering to inform the Customer that the Cart that was saved is still available and/or will soon expire. 

In order to proceed with the order or pre-order process, the Customer must enter a certain amount of personal data concerning him/her, as well as his/her bank details in the space reserved for this purpose in order to pay the amount of his/her order or pre-order. All orders placed on the Website must be duly completed and must specify the necessary information, failing which they cannot be validated by QUANTIC DREAM. 

The Customer can make changes, corrections, additions, or cancel the order, and this, until the validation of the order.

The validation of any order on the Website is subject to the Customer's knowledge and full and unreserved acceptance of these Terms.

The Customer is also advised that the purchase of certain digital content is also subject to acceptance of the QUANTIC DREAM End User License Agreement ("EULA").

After validation of the payment, the Customer is sent an e-mail confirming the order. The present Terms are attached to this order confirmation. Following the purchase of an activation key, the Customer will receive an email containing the activation key and acknowledgment of the loss of the right to withdrawal.

3.3 Specifics applicable to pre-orders of Products

Certain Products on the Website may be offered for sale on a "pre-order" basis, of which the Customer is duly informed when viewing the Product sheet concerned. The Website will indicate the opening and closing dates of the pre-order as well as the provisional dates of availability applicable to the Product concerned. The SELLER reserves the right to modify this release date in the absence of sufficient demand or supply of the Products concerned by its suppliers or manufacturers. Pre-ordered Products must be ordered specifically and separately from other orders for available Products. They are therefore subject to a separate delivery and delivery costs. 

In the event of a pre-order of Products, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the French Civil Code.

The Customer making a pre-order of Products on the Website will be informed of the progress of his/her pre-order.

In the event that the pre-order cannot be executed due to an event not attributable to QUANTIC DREAM, the latter shall inform the Customer before proceeding with the cancellation of the pre-order in question and the reimbursement of the sums paid in this respect.

4. PRICES AND PAYMENT TERMS

4.1 Prices

The Website is free and freely accessible to all Customers. Only the order of one or more Products is subject to payment by the Customer.

The prices of the Products are mentioned on the Website in US dollars as well as in euros and all taxes included and are exclusive of shipping costs which may vary depending on the place of delivery. The VAT rate applied to the Products may vary according to the country where the Customer is located. The payment of the price of the Products is in any case made in Euros.

THE SELLER reserves the right to modify its prices at any time, it being understood, however, that the prices applicable to the Customer are those valid on the day of the order on the Website. 

The prices of the Products and the shipping costs related to the order are indicated, in a clear and understandable way, on the summary of the order. Before placing the order, the Customer must check and validate this summary.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are the responsibility of the Customer (declarations, payment to the competent authorities, etc.). The SELLER invites the Customer to inquire about the applicable taxes with the corresponding local authorities. 

Promotional codes can only be used on the Site and are valid on eligible Products for a limited time. Promotional codes are not cumulative and are not valid retroactively on previous purchases. Promotional codes may not be sold, transferred, or exchanged to any third party. Promotional codes have no monetary value and are not redeemable for cash, credit, or any other benefit. Additional exclusions may apply. The customer must enter the code on the Site when requested before validating the order. Returns or cancellations of Products will lead to a refund of the amount paid by the Customer at the time of purchase. The Customer may request no additional sum.

4.2 Payment terms

The prices are invoiced in euros on the basis of the rates in force at the time of the order. An invoice summarizing all the Products ordered by the Customer is attached to the e-mail confirming shipment of the Product.

The Customer pays the price directly on the Website, and imperatively before any order or pre-order is placed by THE SELLER, in accordance with the process provided for this purpose.

THE SELLER uses the following secure payment systems (provided by third party payment service providers): 

• Credit cards (payment solutions provided by the third party provider Stripe)

• PayPal (payment solution provided by PayPal): the Customer is then also subject to the general terms of use of the PayPal service.

Payment by the Customer is a prerequisite for the validation of the order, including for pre-ordered Products, of which the Customer is duly informed.

Failure to pay by the due date shall automatically, without prior notice and by right, result in the suspension or invalidation of the Customer's order or pre-order, without prejudice to any other course of action.

QUANTIC DREAM does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or third party payment provider receiving the Customer's payment.

If QUANTIC DREAM cancels a pre-order of Products, it shall reimburse the Customer the full amount corresponding to the pre-order, including expenses, within a maximum period of fourteen (14) working days.

5. DELIVERY

The Products can be delivered to mainland France, in the European Union, in the French overseas regions/departments and collectivities and in some third countries listed on the Website.

For any other place of delivery not expressly indicated on the Website, it is up to the Customer to contact the SELLER before placing an order for Products.

In the case of the sale of activation keys, the Products may be downloaded from any country, unless otherwise specified by the country concerned.

The delivery costs related to the order or pre-order are indicated to the Customer in the summary of the order or pre-order and before any payment.

Depending on the amount of his/her order, the Customer may be able to choose between several delivery methods, when placing his/her order.

The Products are delivered to the address indicated by the Customer. The Customer undertakes to provide an exact and precise address in order to avoid any difficulty during the delivery, the SELLER shall not be held responsible for a delivery made to a wrong address given by the Customer. 

The delivery is made by the SELLER within the following deadlines: 

• For a Product order : without undue delay and within a maximum of thirty (30) days after the conclusion of the contract with the Customer, unless otherwise expressly stated on the Website during the ordering process or in the description of the Products ordered;

• For a Product pre-order : without undue delay and within a maximum of thirty (30) days after the date of availability of goods communicated by the SELLER (in case the Products concerned are returned to stock or delivery of the Products by the suppliers/manufacturers).

• For an activation key order: upon receipt by the Customer of the activation key on the email previously provided by them and/or upon the Customer’s display of the activation key on the Site following order confirmation.

The Customer can refuse a package with the carrier at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

If the Customer was unable to refuse the package at the time of delivery and finds after opening the package that the Product is damaged or has a defect, the Customer may make written reservations. The Customer may also contact the SELLER's Customer Service Department, detailing the problem and sending photographs of the damaged Product.

If the Customer's package is returned by the Post Office or by other postal service providers, THE SELLER contacts the Customer upon receipt of the returned package to ask him/her what to do with his/her order. If the Customer has mistakenly refused the parcel, he/she may request its return by first paying the postal charges for the new shipment. The postal charges must be paid by the Customer, including for orders for which the postal charges were possibly included in the price of the order concerned.  

Any defect resulting from clumsiness or a false manoeuvre of the Customer cannot be imputed to the SELLER.

Any delay in delivery in relation to the date or time indicated to the Customer at the time of his/her order or, in the absence of indication of a date or time at the time of the order, in excess of thirty (30) days from the conclusion of the contract may result in the termination of the said contract at the initiative of the Customer, upon written request by the Customer by registered letter with acknowledgement of receipt, if, after having enjoined the SELLER to carry out the delivery, the latter has not done so. The Customer shall then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid (price of the Product as well as shipping costs). 

6. RIGHT OF WITHDRAWAL

The Customer has a period of fourteen (14) clear days from the date of receipt of the Products to exercise his/her right of withdrawal under the conditions of the French Consumer Code, without having to give any reason or pay any penalties.

If he/she intends to exercise his/her right of withdrawal, the Customer must inform THE SELLER of his/her decision to withdraw from the contract binding them, before the expiry of the legal deadline, either:

- By sending by post the form made available on the Website and at the end of the present document (Annex 1);

OR

• by presenting any other explicit and unequivocal statement to this effect (for example, a letter sent by registered letter with acknowledgement of receipt).

In any case, the Customer must indicate an unambiguous and unequivocal desire to withdraw.

If the Customer exercises his/her right of withdrawal, he/she shall return the Products to the SELLER or to a person designated by the SELLER, without undue delay and, at the latest, within fourteen (14) days following the communication of his/her decision to withdraw, unless the SELLER offers to collect the goods itself. 

The Customer is expressly informed that the Product concerned must be returned to THE SELLER in perfect condition, in its original packaging, unopened, undamaged and unspoiled, including the instructions provided and/or any accessories.

The Customer shall bear the direct costs of returning the Products to the SELLER, unless the SELLER agrees to bear them. 

In the event that the Customer exercises the right of withdrawal, all sums paid by the Customer (price of the Product as well as shipping costs) will be reimbursed by THE SELLER, without undue delay, within fourteen (14) days from the date on which the SELLER is informed of the Customer's decision to withdraw. This refund may be deferred until the date of recovery of the Products or until the Customer has provided proof of shipment of such Products, whichever comes first. The SELLER shall make this refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur costs for the Customer. 

In the event that the right of withdrawal is exercised in respect of only part of the Products ordered, the SELLER shall reimburse the Customer for the shipping costs of the Products concerned, unless these costs are identifiable by Product, in which case they shall be reimbursed in proportion to the number of Products returned by the Customer in relation to the total number of Products covered by the order.

If the Customer would like to exchange Products, they must follow the procedure for exercising their right to retract, when possible. The Customer must then place a new Product order in accordance with the provisions of the present Terms and Conditions of Use and Sale.

Exceptions to the right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, the Customer has no right of withdrawal from his/her order concerning:

• the supply of audio or video recordings or computer software (including video games) when they have been unsealed (removal of the plastic packaging) by the Customer after delivery,

• the supply of digital content not supplied on a physical medium (including the supply of an activation key) whose execution, reception or download has started before the expiration of the 14-day withdrawal period, after prior express agreement by the Customer and express waiver of his right of withdrawal simultaneously with his acceptance of the present Terms and Conditions of Use and Sale. Confirmation of the Customer's agreement to waive the withdrawal period, and the fact that they can no longer exercise this right, is sent to the Customer before the 14-day period expires.

7. PRODUCT WARRANTY

7.1 Summary of the legal warranty applicable to the purchase of goods and goods containing digital content (Games and Derivative Products)

The SELLER is liable for defects in conformity appearing on video games purchased in boxes or appearing on derivative products sold on the Site, under the following conditions:

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract if the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until delivery of the reconditioned good.

The rights mentioned above result from applying articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

7.2 Summary of the legal warranty applicable to the purchase of digital content (Products downloaded from an activation key)

The SELLER is liable for defects in conformity in video games downloaded by the Customer:

Consumers have a period of two years from the date of supply of the digital content or service in which to invoke the legal warranty of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. 

The legal warranty of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service.

The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost, and without major inconvenience to him.

The consumer may obtain a price reduction by keeping the digital content or digital service, or he may terminate the contract by obtaining a full refund in exchange for relinquishing the digital content or digital service, if :

1° The professional refuses to bring the digital content or service into conformity;

2° The compliance of the digital content or service is unjustifiably delayed;

3° The digital content or service cannot be brought into conformity without incurring costs for the consumer;

4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;

5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of restoring conformity suspends the warranty that was due until the digital content or digital service was supplied in conformity again.

The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code). 

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

All Products purchased on the Site benefit from the following legal warranties, as provided by the French Civil Code and the French Consumer Code.

7.3 Legal warranty of conformity

According to articles L217-3 et seq. (for material goods) and L224-25-12 et seq. of the French Consumer Code (for digital content), the SELLER is obliged to deliver a compliant good or digital content and to answer for the defects of conformity existing at the time of the delivery of the Product concerned within the time limits and conditions fixed by the Consumer Code (article L.217-4 et seq. of the French Consumer Code for material goods) and articles L224-25-13 et seq. of the French Consumer Code for digital content): 

• For Products supplied as digital content (video game boxes):

A digital content complies with the contract concluded between the Customer and QUANTIC DREAM if it respects the legal criteria referred to in the Consumer Code: 

• According to article L.224-25-13:

"The digital content or digital service conforms to the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is fit for any special purpose sought by the consumer, made known to the trader at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is supplied with all the accessories, including packaging, installation instructions and customer support, to be provided in accordance with the contract;

4° It is updated in accordance with the contract."

• Under the terms of Article L.224-25-14 I. :

"I.-In addition to the compliance criteria set out in the contract, the digital content or service is compliant if it meets the following criteria:

1° It is fit for the purpose usually expected of digital content or a digital service of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards, or in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;

2° Where appropriate, it has the qualities which the trader has presented to the consumer in the form of a trial version or preview before the conclusion of the contract;

3° It shall be supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° In the case of continuous provision of digital content or a digital service during a given period, it is provided without interruption throughout that period;

5° Where applicable, it is provided with all the accessories and installation instructions and customer support that the consumer may reasonably expect;

6° Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 224-25-25;

7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer can legitimately expect for digital content or digital services of the same type, taking into account the nature of such content or services as well as public statements made by the trader, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling."

The Customer has a period of two years from the supply of a digital content provided on a material support containing the digital content to avail him/herself of the legal guarantee of conformity under the conditions provided in Article L.224-25-12 of the Consumer Code. He/she is exempted from proving the existence of the lack of conformity of the digital content concerned if the lack of conformity appears within 12 months of its supply. 

However, QUANTIC DREAM shall not be held liable for any lack of conformity if it proves that this is directly attributable to the incompatibility between the disputed digital content and the Customer's digital environment, provided that the Customer had previously been informed by QUANTIC DREAM of the technical requirements for accounting for the digital content in question prior to the conclusion of the contract binding them.

In case of non conformity of the digital content, the Customer has the right to the conformity of the digital content or, failing that, to the reduction of the price or to the termination of the contract, under the conditions set out in articles L.224-25-17 et seq.

In any case, whatever the nature of the Product acquired, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The SELLER may carry out updates or modifications to the digital content in order to maintain, adapt or develop its functionality, including security updates, whether or not these updates are necessary to maintain the conformity of the digital Products, in accordance with the conditions set forth in Articles L224-25-25 and L224-25-26 of the French Consumer Code.

7.4 Legal warranty against hidden defects

According to articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of the warranty of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the use for which it was intended, or diminish that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he/she known of the defect).

Complaints or requests for reimbursement for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the legal notices on the Website. The Customer is reimbursed by bank transfer of the amount of his/her order. The costs of the refund procedure (in particular the cost of returning the Product) remain the responsibility of the SELLER.

8. RESPONSIBILITY

Each party shall be liable for the consequences resulting from its faults, errors or omissions and causing damage to the other party.

8.1 Customer's responsibility

The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he/she provides on the Website in order to validate his/her order or pre-order. The SELLER shall not be held liable in this respect.

The Customer shall thus be solely liable to the SELLER and, where applicable, to third parties, for any damage of any kind whatsoever caused by any information or other publication communicated, transmitted or disseminated when placing an order or pre-order, as well as for any breach by the Customer of these contractual stipulations.

The Customer is, moreover, solely responsible for the choice of the Products he/she has ordered through the Website.

All Customers undertake to use the Website for purely personal purposes and in accordance with all applicable laws and regulations.

8.2 SELLER's responsibility

THE SELLER shall take all appropriate measures to ensure that the Customer is provided with quality Products under optimal conditions. It assumes full responsibility for the Products it offers and sells to Customers through the Website and will deal solely with potential complaints relating to the said Products.

THE SELLER cannot be held responsible for any damage, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure.

THE SELLER ensures the proper operation of the Website but cannot guarantee that it is free of anomalies or errors and that it operates without interruption.

THE SELLER shall not be held responsible for the non-operating, impossibility of access or malfunctioning of the services of the Customers’ access provider, or of the Internet network.

9. FORCE MAJEURE

“Force majeure” is defined as any event beyond the control of one of the parties and not reasonably foreseeable at the time of conclusion of the present Terms. Such an event is characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, and this, despite the implementation of adequate and appropriate measures intended to limit the effects.

Neither of the two parties shall be held responsible towards the other for the non-performance or delays in the performance of an obligation arising from the present Terms which would be due to the fact of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.

The case of force majeure suspends the obligations arising from the present Terms for the entire duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of article 1218 of the French Civil Code in order to justify the termination of its contractual relationship with the other party. However, if the case of force majeure had a duration of existence higher than thirty (30) consecutive days, it would open the right to the termination by right of the present Terms by one or the other of the parties, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.

10. INTELLECTUAL PROPERTY

All the elements and content (textual, pictorial or video content, without this list being exhaustive) appearing on the Website are protected under articles L.111-1 et seq. of the French Intellectual Property Code and belong to QUANTIC DREAM or to a third party from whom QUANTIC DREAM has obtained the necessary operating authorizations.

QUANTIC DREAM remains the owner of the intellectual property rights filed and registered with the National Institute of Intellectual Property relating to the Products presented on the Website under one of the distinctive signs belonging to it. Any person proceeding to their representations, reproductions, imbrications, distributions and rebroadcasts shall incur the penalties provided for in articles L.713-2 et seq. of the French Intellectual Property Code.

Any representation, reproduction, exploitation, downloading, distribution, broadcasting, marketing or adaptation, in any form whatsoever, whether commercial or not, of the contents of the Website or of the intellectual property rights belonging to QUANTIC DREAM is strictly forbidden and is tantamount to counterfeiting.

Any Customer who is guilty of infringement may have his/her access to the Website removed without notice or compensation, without prejudice to QUANTIC DREAM or any third party owner of the infringing rights to take action against the Customer to obtain compensation for his/her loss.

The Customer acknowledges that when accessing digital content via an activation key, access is granted for personal, non-commercial use only. As such, he/she may not resell or license the activation key, unless authorized to do so by applicable legislation.

11. PERSONAL DATA PROTECTION

In accordance with Regulation 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, QUANTIC DREAM makes available to the Customer, on its Website, a Privacy Policy specifying all the information relating to the collection and processing of the Customer's personal data collected by QUANTIC DREAM and the rights the Customer has with regard to this personal data. 

12. HYPERLINKS

The Website may include hypertext links to other websites.

THE SELLER cannot, under any circumstances, be held responsible for the technical availability of Internet websites or mobile applications operated by third parties to which the Customer would have access through the Website. THE SELLER can therefore bear no responsibility for the content, advertising, products and services available on or from these websites, mobile applications or external third-party sources.

If, despite the efforts of the SELLER, one of the hypertext links present on the Website points to a Website or an Internet source whose content does not comply or does not appear to comply with the requirements of French law, the Customer undertakes to immediately contact QUANTIC DREAM, whose contact details are given in the legal notice published on the Website, in order to inform it of the address of the pages of the third-party Website in question. QUANTIC DREAM will then take the necessary steps to remove the hypertext link concerned.

13. NULLITY OF A CLAUSE

In the event that one of the provisions of the present Terms is declared invalid or unenforceable for any reason whatsoever, the other stipulations will remain applicable without change, except in cases where the contract could not survive without it.

14. APPLICABLE LAW AND JURISDICTION

The present Terms are governed by French law.

In case of dispute to which the present Terms (or one of their clauses) and/or the relations between the parties could give rise, the Customer can refer to at his/her choice, in addition to one of the territorially competent courts under the French Code of civil procedure, the court of the place where he/she lived at the time of the conclusion of the contract or of the occurrence of the harmful event. 

According to article L.612-1 of the French Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him/her and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".

In accordance with the order no. 2015-1033 of August 20, 2015 and the implementing decree no. 2015-1382 of October 30, 2015, any dispute or litigation known as consumer, subject to article L.612-2 of the French consumer code, can be the subject of an amicable settlement by mediation with the following mediator: DEVIGNY MEDIATION.

To settle a dispute, the Customer must first send a written complaint to the SELLER.

One month later, if the Customer is not satisfied, he/she may resort to the DEVIGNY MEDIATION mediation service simply and free of charge by submitting his/her file electronically at www.devignymediation.fr or by simple letter to:

MEDIATEUR DE LA CONSOMMATION AGREE

DEVIGNY MEDIATION

9, avenue René Gasnier - D01

49100 Angers

France

It is reminded that mediation is not always compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.

If the Customer is a resident of the European Union, he/she may, in accordance with Article 14 of Regulation (EU) No. 524/2013, access the Online Dispute Resolution platform set up by the European Commission and facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: ec.europa.eu/consumers/odr

15. CUSTOMER SERVICE

QUANTIC DREAM customer service can be contacted:

-     via the "Assistance" form accessible on the Website;

-     by letter to the address indicated in the legal notice.

Appendix 1 - Sample of the Customer's withdrawal form (for Products benefiting from the right of withdrawal)

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)  For the attention of Quantic Dream, 30 rue Raoul Wallenberg, 75019, Paris - France I hereby notify you of my withdrawal from the contract concerning the Product(s) below:  ____________________________________________________________ Received on : _______________________________ My name and address: ____________________________________________________________________________________________ ___________________________________________   Signature:  Date: