Terms and Conditions of Use and Sale
(Last Updated: August 28th, 2020)
These General Conditions of Use and Sale (hereafter the "TERMS") are proposed by Quantic Dream SA, with a capital of 1,405,390 €, a French company registered in the Paris Trade and Companies Register under the number RCS Paris 412 332 686, whose registered office is located at 56 boulevard Davout, 75020 Paris - France (hereafter "THE SELLER" or "QUANTIC DREAM").
THE SELLER offers for sale, through its website https://shop.quanticdream.com/ (hereinafter the "Website") physical goods: merchandising products and/or videogames (hereinafter the "Products").
The SELLER uses the Shopify e-commerce solution for this purpose.
The Website is published by QUANTIC DREAM. Legal information concerning the host and publisher of the Website, in particular contact details and any capital and registration information, is provided in the Website's legal notices.
These Terms and Conditions apply to any person using the Website as well as to any order of Products by any customer, individuals, acting for purposes that do not fall within the scope of its professional activity (hereinafter the "Customer") carried out on the Website.
For any information concerning the Products offered for sale on the Website (apart from any questions relating to an order for a Product for which the Customer Service, mentioned in article 16 of these Terms and Conditions of Sale, will be competent), the Customer may contact the SELLER at the following address: firstname.lastname@example.org.
Each Customer acknowledges having read these General Terms and Conditions and accepts them in full and without reservation the first time he/she connects to the Site.
Each Customer acknowledges having read, in a legible and comprehensible manner, these Terms and Conditions of Sale and all the information necessary for the performance of these Terms and Conditions of Sale, in accordance with Articles L.111-1 to L.111-8 and L221-5 of the French Consumer Code, prior to placing an order and before entering into an agreement with QUANTIC DREAM.
- APPLICATION AND OPPOSABILITY OF THE TERMS
The purpose of these Terms is to define the conditions of access and use of the Website as well as the ordering of Products by Customers, and to determine the respective rights and obligations of each party in this context.
Unless otherwise agreed in writing by the parties, these Terms and Conditions of Sale will take precedence over any clauses to the contrary arising from previously drafted general conditions, and will thus apply to the exclusion of any other agreement.
The Website is free and freely accessible to all Customers. Only the order of one or more Products will be subject to payment by the Customer.
These Terms must be considered an integral and essential part of the agreement concluded between THE SELLER and each of its Customers.
These Terms are systematically notified to the Customer during the creation of his "Customer Account" on the Website (as presented in Article 3 below) and during the ordering confirmation on the Website of a Product referred to herein. Each Customer must necessarily read and accept them:
- in order to be able to create a Customer Account
- in order to be able to validate his Product order on the Website. This acceptance consists of ticking the box "I acknowledge having read and accepted the General Terms and Conditions of the Website". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
By opening a Customer Account, the Customer confirms that he/she is 16 years of age or older. Acceptance of these Terms assumes that the Customer has the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, curator, or his legal representative.
During the ordering process, the Customer may accept, by means of a check box, 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 payment of the Customer's order on the Website will be validly applicable. The Customer will be informed of any changes made to these Terms when he subsequently connects to the Website.
The fact that THE SELLER does not avail itself, at a given time, of any of the provisions of these Terms may not be interpreted as a waiver of the right to do so at a later date.
THE SELLER invites each Customer to read these Terms carefully, to print them and/or save them on any durable medium, before ordering any Product on its Website.
- WEBSITE ACCESS AND AVAILABILITY
QUANTIC DREAM offers free access to its Website, the Customer remaining in all cases responsible for his/her computer equipment and his/her Internet connection, the costs of which are at his/her own expense.
Access to the Website can be carried out :
- from a computer or an equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network 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 (3G, 4G, Edge, Wi-Fi connection, etc.).
QUANTIC DREAM makes its best efforts to make the Website accessible at all times, subject to the maintenance operations necessary for the proper functioning of the Website or the servers on which it is hosted. In the event of an interruption for maintenance, QUANTIC DREAM cannot be held liable for any impact this unavailability may have on Customer's activities.
The Customer is warned of the technical hazards inherent to the Internet and the interruptions of access that may result. Consequently, QUANTIC DREAM cannot be held liable for any unavailability or slowdown of the Website.
Any failure by the Customer to comply with the obligations incumbent upon him/her under these Terms may result in the suspension or prohibition of the Customer’s access to the Website.
- TERMS AND CONDITIONS FOR THE CONCLUSION OF THE AGREEMENT BETWEEN THE CUSTOMER AND QUANTIC DREAM
Orders for Product(s) are made through the "Eshop" page of the Website.
The holding of a personal "Customer account" is possible but is not a necessary and compulsory prerequisite to order Products on the Website. However, the Customer account allows him/her to access a personalized interface, to manage him/her profile and orders.
If the Customer wishes to create a "Customer Account" he/she will be asked to provide an email address and a password, he/she confirms that he is over 16 years old (and this in the context of regulations on personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable since 25 May 2018 known as "GDPR").
The Customer is responsible for updating his/her data. It must therefore notify the Seller without delay in the event of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer may access his "Customer Account" by logging in using his/her identifiers (e-mail address defined at the time of registration and password). The Customer is entirely responsible for the protection of the password he/she has chosen. He/she is encouraged to use complex passwords. If the Customer forgets his/her password, he/she has the option to generate a new one. This password is a guarantee of 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.
The Customer account allows the Customer to consult all his orders made on the Website. If the data contained in the Customer Account section were to disappear following a technical breakdown or an event of force majeure, the SELLER cannot be held liable, as this information has no probative value but is only of an informative nature. The pages relating to the Customer Account are freely printable by the Customer who is the holder of the account in question but do not constitute proof in any way, they are only of an informative nature intended to ensure efficient management of its orders or contributions by the Customer.
Each Customer is free to close his/her account on the Website. To do so, she/he must send an e-mail to the SELLER indicating that he/she wishes to delete his account. The Customer is informed that a period of approximately 10 to 15 days is necessary for his personal data to be effectively deleted in the systems of the Shopify e-commerce solution used by the SELLER. Orders placed will be kept for reporting purposes only.
The SELLER reserves the exclusive right to delete 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) or any account that has been inactive for at least 2 (two) years. Before deleting the account due to inactivity, the SELLER will send an email to the Customer to warn him of this and will give the Customer the option to reconnect in order to keep his/her account. The deletion of the account will not be likely to constitute a damage for the Customer who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for THE SELLER, to take legal action against the Customer when the facts have justified it.
The Products offered are those which appear in the catalogue published on the pages of "Eshop". These Products are offered within the limits of available stocks. When some Products are temporarily out of stock, the Customer will have the option to fill in his/her email address in the place provided for this purpose in order to be alerted of the new availability of the Products concerned.
In order to anticipate any out-of-stock condition on a Product reference or in case of suspicion of fraud, the SELLER reserves the right to limit the quantities ordered by the Customer of the Product reference concerned.
Each Product is accompanied by a description. The photographs of the Products in the catalogue reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
Certain Products on the Website may be offered for sale as "pre-orders". The Website will indicate any opening and closing dates for pre-order as well as the forecast availability and delivery dates applicable to the Product concerned. The SELLER reserves the right to modify this release date taking into account its imperatives or those imposed by its suppliers or manufacturers. The "pre-order" Products must be the subject of a specific order from the Customer, separate from other orders for available Products.
The "Cart" will be defined below as the intangible object grouping together all the Products selected by the Customer with a view to a purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product(s) he/she wishes to order by adding them to his "Cart", the content of which may be modified at any time.
As soon as the Customer considers that he/she has selected and added to his Cart all the Products he/she wishes to purchase, he/she will have the option, to validate his order, to access his Cart by clicking on the button provided for this purpose. He/she will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If the Customer does not complete the order process, the SELLER may contact the Customer at the email address provided in the Customer Account or during the order process in order to inform the Customer that the Cart that has been saved is still available and/or will soon expire.
In order to proceed with the order process, the Customer must tick the box relating to the ratification of these Terms and click on the "Check out" button. The Customer will then be redirected to a page where he/she will have to fill in the order form fields. In the latter case, he/she will have to fill in a certain number of personal data concerning him/her, which are necessary for the proper processing of the order.
All orders placed on the Website must be duly completed and must specify the necessary information. The Customer will be able to make changes, corrections, additions, or cancel the order, and this, until the validation of this one. The language proposed for the conclusion of the agreement is French or English.
Once the Customer has completed the form, he/she will be able to see the options and delivery rates applicable to his order (for orders of a total amount of less than 100€ including VAT several options will be available). He/she will then be invited to select his/her payment method from the payment methods listed in section 4.2 below and review his/her order. After validation of the payment, the Customer will be sent an e-mail confirming the order, reminding him/her of the contents of the order and its price. These General Terms and Conditions will be attached to this email of order confirmation.
Then, the Customer will receive another email confirming the dispatch of his order. The invoice relating to his order will be attached to this email.
The Products sold remain the property of the SELLER until full payment of their price, in accordance with this retention of title clause.
- PRICE AND PAYMENT TERMS
The prices of the Products are mentioned on the Website in US Dollars as well in as euros and all taxes included (including VAT) taking into account the French VAT applicable on the day of the order, and excluding shipping costs.The payment of the price of the Products will in all cases be made in Euros.
THE SELLER reserves the right to modify its prices at any time and to pass on, if applicable, any change in the rate of French VAT in force on the price of the Products, it being understood, however, that the prices applicable to the Customer are those valid on the day of the order on the Website by the Customer. The delivery costs (shipping costs to be paid by the Customer) of the Products may vary according to the delivery countries mentioned in article 5 below.
The prices of the Products and the shipping costs related to the order are indicated, in a clear and comprehensible manner, and in Euros on the order summary. Before placing the order, the Customer is required to check and validate this summary at each stage.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the liability of the SELLER. They will be borne by the Customer and are his/her liability (declarations, payment to the competent authorities, etc.). The SELLER therefore invites the Customer to find out about these aspects from the corresponding local authorities.
4.2 Payment terms
Prices will be charged in euros on the basis of the price list in force at the time of the order. You are reminded that an invoice summarizing all the Products ordered by the Customer will be attached to the email confirming the dispatch of the Product.
The Customer will pay the price, directly on the Website, and must do so before any sale by THE SELLER, and this, in accordance with the process provided for this purpose.
THE SELLER uses the following secure payment systems (provided by third party payment service providers) :
- Bank Cards (payment solutions provided by the third-party payment service provider Stripe)
- PayPal (payment solution provided by PayPal)
Payment by the Customer is a prerequisite for the validation of his order, including for pre-ordered Products, of which the Customer is duly informed.
Failure to pay by the due date will automatically, without prior formal notice and by right, result in the suspension or invalidation of the Customer's order, without prejudice to any other course of action.
The Customer confirms that he is the legal holder of the means of payment used and that he is legally entitled to use it.
The SELLER does not have access to any data relating to the Customer's means of payment. The payment is made directly to the bank or third-party payment service provider receiving the Customer's payment.
The SELLER will archive order forms and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
The delivery costs relating to the order are indicated to the Customer in the order summary and before any payment. Deliveries of the Products will only be made by the SELLER in the following countries and according to the delivery times indicated below:
- Metropolitan France, Corsica: between 3 and 7 working days.
- European Union countries (outside France) and DOM-ROM, TOM, COM, and POM : between 10 and 15 working days
- Japan, United-States and Canada: between 10 and 15 business days (2 business days with UPS Saver)
- Switzerland, Liechtenstein, Jersey, San Marino, Guernsey, Gibraltar, Faroe Island, Greenland, Belarus, Macedonia, Ukraine, Iceland, Albania, Bosnia and Herzegovina, Serbia/Kosovo, Moldova, Montenegro, Turkey, Norway (1 business day with UPS Standard), Andorra (1 business day with UPS Standard), Russia: between 10 and 15 business days.
- Australia, Singapore, Hong Kong, Korea, Thailand, Israel, New Zealand, Indonesia, Malaysia, Saudi Arabia, Lebanon, Armenia, Georgia, Mauritius, India, Taiwan, Vietnam, United Arab Emirates, Brunei, Kuwait, Oman, Qatar, South Africa, Tunisia, Morocco, Laos, Cambodia, Algeria, Philippines, Sri Lanka, Seychelles, Nepal, Bhutan, Egypt, Brazil, People's Republic of China, Macao, Azerbaijan, Bahrain, Bangladesh, Iraq, Iran, Jordan, Kazakhstan, Kyrgyzstan, Maldives, Mongolia, Pakistan, Palestine, Tajikistan, Timor-Leste, Uzbekistan, Canary Islands, Côte d'Ivoire, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Bonaire (Netherlands Antilles), Cayman, Chile, Colombia, Costa Rica, Cuba, Curaçao (Netherlands Antilles), Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saba (Netherlands Antilles), Saint Kitts and Nevis, Saint Eustatius (Netherlands Antilles), Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, Venezuela, United States Virgin Islands, British Virgin Islands, Mexico, Puerto Rico, Benin, Botswana, Burkina-Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Christmas, Cocos, Comoros, Congo-Brazzaville, Democratic Republic of Congo, Cook Islands, Djibouti, Egypt, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Guam, Guinea-Bissau, Guinea, Equatorial Guinea, Kenya, Kiribati, Lesotho, Liberia, Madagascar, Malawi, Marshall Islands, Mauritania, Federated States of Micronesia, Mozambique, Namibia, Nauru, Niger, Nigeria, Norfolk, Oman, Palau, Papua New Guinea, Rwanda, Saipan (Northern Mariana Islands), Solomon Islands, American Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Swaziland, Tanzania, Togo, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, Zimbabwe, St. Lucia: between 15 and 20 business days.
For any other place of delivery, it will be up to the Customer to contact the SELLER.
In the event of delivery of a Product outside the territory of the European Union and in the DOM-ROM, TOM, COM and POM, the Customer declares himself/herself the importer of the Product and accepts that in such a case the SELLER may be materially unable to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
The time limits above do not include the time required to clear the Products through customs.
For orders of less than 100 euros including VAT, the Customer will be able to choose between several delivery methods offered by the Website when placing an order.
You are reminded that the Products in "pre-order" will have to be ordered by the Customer separately from the other available Products, they will consequently be the subject of a delivery and separate delivery costs.
Products will be delivered to the address indicated by the Customer. The Customer undertakes to provide true identification details for this delivery. The Seller reserves the right to refuse the order, for example for any abnormal request or request made in bad faith.
The Customer may refuse a package with the carrier at the time of delivery if he/she notices a discrepancy concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products etc.).
If the Customer was not able to refuse the package at the time of delivery and if, after opening the package, the Customer finds that the Product is damaged, the Customer is invited to 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 will contact the Customer upon receipt of the returned package to ask him/her what action to take with regard to his/her order. If the Customer has mistakenly refused the package, the Customer may request its return by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which postal charges were possibly offered at the time of the order.
In the event of a delivery or exchange error (if the right of retraction is applicable, i.e. if the Customer is a Consumer and the agreement concluded to acquire the Product or Service allows retraction, according to article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the SELLER in its entirety and in perfect condition. Any defect resulting from an awkwardness or a false move by the Customer cannot be attributed to the SELLER.
Any delay in delivery in relation to the date or deadline indicated to the consumer Customer at the time of his order or, in the absence of indication of date or deadline at the time of the order, more than thirty (30) days from the conclusion of the agreement may result in the cancellation of the sale at the Customer's initiative, upon his/her written request by registered letter with acknowledgement of receipt, if, after the SELLER has been instructed to make the delivery, it has not done so. The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the agreement was terminated, for the totality of the sums paid (price of the Product as well as the "outward" shipping costs). This clause is not intended to apply if the delay in delivery is due to an event of force majeure.
- RIGHT OF WITHDRAWAL
The consumer Customer has a period of fourteen (14) clear days from receipt of his/her Products to exercise his/her right of withdrawal under the conditions in force as set out in the French Consumer Code, without having to justify any reason or pay any penalties.
If he/she intends to exercise his right of withdrawal, the consumer Customer must inform THE SELLER of his/her decision to withdraw from the agreement either :
- By means of the form made available on the Website and at the end of this agreement (Appendix 1);
- by submitting any other explicit and unequivocal statement to this effect (e.g. a letter sent by registered mail with acknowledgement of receipt).
In any event, the Customer must indicate an unambiguous and unequivocal willingness to withdraw.
The consumer Customer will return or restore 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 communication of his/her decision to withdraw, unless the SELLER offers to recover the goods himself/herself.
The Customer will bear the direct costs of returning the Products to the SELLER, unless THE SELLER agrees to pay for them. The Customer is expressly informed that the Product in question must be returned to THE SELLER in perfect condition, in its original packaging, including the instructions transmitted and/or any accessories.
If the Customer exercises his right of withdrawal, all sums paid by the Customer (price of the Product as well as the "outward" shipping costs) will be reimbursed to him/her by THE SELLER 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 consumer Customer has provided proof of the shipment of these Products. The SELLER will make this refund using the same means of payment as that used by the consumer Customer for the initial transaction, unless the consumer Customer expressly agrees to use another means of payment (credit note or voucher, for example) and insofar as the refund does not incur any costs for the consumer Customer.
In the event of exercising the right of withdrawal on only part of the Products ordered, the SELLER will reimburse the Customer for the "outward" shipping costs of the Products concerned unless these costs are identifiable by Product in which case they will be reimbursed in proportion to the number of Products returned by the Customer in relation to the total number of Products ordered.
Exception to the right of withdrawal: In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular on the following contracts:
- supply of audio or video recordings or computer software (in particular video games) when they have been unsealed (removal of the plastic packaging) by the consumer Customer after delivery,
- provision of digital content not supplied on a physical medium whose execution has begun after prior express agreement of the consumer Customer and express renunciation of his right of withdrawal,
- supply of goods made to the specifications of the consumer Customer or clearly personalised.
The Customer acknowledges having read this list of exceptions, notified prior to the sale in these TERMS.
- PRODUCT WARRANTY
When acting under a legal guarantee of compliance, the Consumer Customer has a period of two years from delivery of the goods to act; he/she may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of compliance of the goods during the 24 months following delivery of the goods.
The legal guarantee of compliance applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arises in accordance with Article 2232 of the Civil Code.
All Products purchased on the Website benefit from the following legal guarantees, provided by the French Civil Code and the French Consumer Code:
7.1 Legal guarantee of compliance
According to Articles L.217-4 and following of the Consumer Code, the SELLER is required to deliver goods that comply with the agreement concluded with the consumer Customer and to be liable for any defects in compliance existing during the delivery of the Product. The guarantee of compliance may be exercised if a defect should exist on the day of taking possession of the Product.
However, if the defect appeared within 24 months of that date, it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the seller may rebut this presumption if it is not compatible with the nature of the Product or the lack of compliance invoked". In this respect, the SELLER may analyse the disputed Product in order to determine whether or not the defect noted existed on the day of delivery of the Product to the Customer. On the other hand, once this 24-month period has elapsed, it will be up to the Customer to prove that the defect did indeed exist at the time of taking possession of the Product.
In accordance with Article L.217-9 of the French Consumer Code: "In the event of a lack of compliance, the buyer chooses between repairing or replacing the Product. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer”.
7.2 Legal guarantee against hidden defects
According to articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not the result of 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 is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known about the defect).
Claims, requests for reimbursement for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the legal notice on the Website. The Customer will be reimbursed by bank transfer of the amount of his order. The costs of the refund procedure (in particular the return postage of the Product) will remain the liability of the SELLER.
Each of the parties assumes liability for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
8.1 Customer's liability
The Customer is solely responsible for the quality, precision, relevance, and accuracy of the information he provides on the Website for the purposes of his order. The SELLER may not be held liable in this respect.
The Customer is therefore solely liable to the SELLER and, where applicable, to third parties, for any direct or indirect damage of any nature whatsoever caused by any information or any other publication communicated, transmitted, or disseminated hereunder, as well as for any breach on its part of these contractual stipulations.
The Customer is, moreover, solely responsible for the choice of the Products he has ordered through the Website.
Any Customer undertakes not to use the Website in contravention of all laws, rules, and regulations in force.
8.2 Liability of the SELLER
THE SELLER will implement all measures to ensure the Customer the supply of quality Products under optimal conditions. It assumes full liability for the Products that it offers and sells to Customers through the Website and will deal alone with any potential complaints relating to said Products.
THE SELLER may not, however, be held liable for any damage, which may be attributable either to the Customer, or to the unforeseeable and insurmountable action of a third party outside the agreement, or to an event of force majeure.
THE SELLER will ensure the proper functioning of the Website but will in no way guarantee that it is free of anomalies or errors and that it functions without interruption.
LE VENDEUR will not be held liable for the non-functioning, inability to access or malfunctioning of the services of the Customer's access provider, to those of the Internet network.
- 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 the conclusion of these Terms. Such an event will be characterized as soon as the party, victim of such an event, is prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.
Neither of the two parties will be held liable towards the other for the non-execution or delays in the execution of an obligation arising from these TERMS which is due to an action of the other party following the occurrence of an event of force majeure, as recognized and defined by French case law.
The event of force majeure suspends the obligations arising from these TERMS for the duration of its existence, and neither party may, during this period, validly claim the existence of such an event of force majeure within the meaning of Article 1218 of the Civil Code in order to justify the termination of its contractual relationship with the other party. However, if the event of force majeure lasts longer than thirty (30) consecutive days, it will give rise to the automatic termination of these TERMS by either party, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.
- INTELLECTUAL PROPERTY
All elements and content (including, but not limited to, text, graphics, and video) of this Website are either the property of QUANTIC DREAM or a third party agent, or are used by QUANTIC DREAM on the Website with the permission of the owner.
Any representation, reproduction, or adaptation of the content of the Website is strictly prohibited and is tantamount to counterfeiting.
Any Customer who is found guilty of counterfeiting is liable to have his or her access to the Website removed without notice or compensation and without this exclusion constituting a damage, without prejudice to possible subsequent legal proceedings against him or her, at the initiative of QUANTIC DREAM of this Website or its representative.
The trademarks and logos contained in the Website may be registered by QUANTIC DREAM, or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts, and re-broadcasts is liable to the penalties provided for in articles L.713-2 and following of the French Intellectual Property Code.
- PROTECTION OF PERSONAL DATA
In accordance with the GDPR, the Customer has the right to :
- to access his/her data,
- to correct, update or supplement its data when they are inaccurate, misleading, incomplete, or out of date,
- to erase its information ("right to forget"),
- to object to or limit the processing of its personal data,
- to request data portability.
In order to exercise these rights, the Customer must send his/her request:
- by e-mail to the following address: email@example.com
- by mail: Quantic Dream, 56 boulevard Davout, 75020 Paris (France)
and attach a copy of his/her ID or document of equivalent value.
QUANTIC DREAM has appointed the company VIRTUAL DPO as an outsourced Data Protection Officer. In the event of a question, the Customer can consult the Data Protection Officer's website www.virtual-dpo.fr or www.mondelegueauxdonnees.fr directly.
The Customer may also address any complaint to the national supervisory authority of his/her country (such as the CNIL for French residents).
When consulting the Website, cookies may be deposited on the computer, tablet or any terminal used by the Customer. This enables QUANTIC DREAM to analyse page traffic and improve the Website. Cookies are used according to their nature and for the purposes indicated below.
12.2 What is a Cookie?
A cookie (hereinafter the "Cookie(s)") is a text file deposited on a terminal when visiting the Website or viewing an advertisement. The purpose of a Cookie is to collect information relating to the Customer's browsing on the Website for the purpose of analysis and to send the Customer personalized services and content.
12.3 Identification of Cookies
Generally speaking, there are different types of cookies:
- Third Party Cookies and Proprietary Cookies
A Cookie is known as "proprietary" or "third party" according to the domain from which it originates. Proprietary Cookies are those installed by the Website when the Customer is consulting it. Third-party Cookies are Cookies installed by a domain other than that of the Website (for example, a cookie may be placed on the Website by a third-party advertising agency). When a Customer consults the Website and another entity installs a Cookie via the Website, this Cookie is a third-party Cookie.
- Session Cookies
These Cookies allow the Website operators to follow the actions of a Customer during a browsing session. The browsing session begins as soon as the Customer opens the browser window and ends when he/she closes this window. Session Cookies are temporary in nature. Once the browser is closed, all Session Cookies are deleted.
- Persistent Cookies
These Cookies remain on the Customer's device after closing the session of his/her browser for the duration set by each of these Cookies. They are activated each time the Customer consults the Website.
12.4 What types of Cookies does QUANTIC DREAM use and for what purposes?
Various types of Cookies are used on the Website, they have different purposes. Some are necessary to use the Website, others are optional according to the choice of the Customer.
- Technical Cookies strictly necessary
These Cookies are necessary for the operation of the Website. They allow the Customer to use the main functionalities of the Website. Without these Cookies, the Customer cannot use the Website normally. These Cookies only require information from the Customer to be deposited on his/her terminal and do not allow any behavioural or identification monitoring.
- Functional Personalization Cookies
These Cookies make it possible to personalize the experience of the Customer on the Website by memorizing his preferences and allow in particular :
- adaptation of the presentation of the Website to the display preferences of the terminal (language used, display resolution, operating system used, etc.) when the Customer visits the Website, according to the hardware and browsers,
- storage of information relating to the forms that the Customer has filled in on the Website or to information that the Customer has chosen on the Website;
- provision to the Customer of access to his/her Customer account or to any other reserved space thanks to his/her identifiers;
- implementation of security measures, for example when the Customer is asked to reconnect to a content or service after a certain period of time has elapsed.
- Audience Measurement Cookies
QUANTIC DREAM uses audience measurement cookies that help to establish statistics on the frequentation and use of the various elements making up the Website (sections and content visited, browsing). They enable QUANTIC DREAM to improve the interest and ergonomics of the Website.
QUANTIC DREAM uses audience measurement cookies (Google Analytics) on the Website. The Customer can obtain more information about the Google Analytics service by visiting https://support.google.com/analytics/answer/6004245.
The data collected may be subject to cross-border flow outside the EU via Google Analytics technology.
The partner of SELLER’s digital e-commerce solution (Shopify) may also deposit certain cookies necessary for the functioning of the Website or for reporting and analytics for statistical purposes to improve the performance of its services and the Website. The Customer can find more information on https://www.shopify.com/legal/cookies ("Merchant Storefronts " section).
- Advertising Cookies
Advertising Cookies make it possible to determine which advertisements to display according to the Customer's browsing on the Website in order to limit the number of displays, to measure the effectiveness of an advertising campaign, or to adapt the advertisements according to the Customer's preferences, if the Customer has previously accepted the possibility of doing so.
- Behavioural Analysis Cookies
Behavioural analysis Cookies make it possible to identify which information on the Website could be of most interest to the Customer, to help improve his or her browsing and make it more interesting, as well as to improve the relevance of the messages that are likely to be sent to him or her if the Customer has previously accepted the possibility of doing so.
12.5 How can the Customer manage Cookies?
Management by the Customer of the deposit of Cookies
The Customer can manage the deposit of Cookies in the following way:
- The deposit of strictly necessary technical Cookies is activated by default and cannot be deactivated by the Customer, as these Cookies are essential to the functioning of the Website,
- The Customer deactivates or activates the implementation of Cookies subject to the collection of his/her consent (Cookies for audience measurement etc.) via the information banner ("Preferences" or "Customize" button). Any deactivation will result in the Customer refusing to accept the Cookie in question,
- By continuing his navigation, i.e. when the Customer has clicked on an element of the Website (image, link etc.) or has gone to another page of the Website, the Customer validates the implementation of Cookies, according to the default setting proposed.
If the Customer deactivates the recording of Cookies in his/her terminal or browser, or if he/she deletes those recorded there, the Customer is informed that his/her browsing and experience on the Website may be different from other Customers who have activated Cookies (non-personalised content). This could also be the case when QUANTIC DREAM or one of its service providers is unable to recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet. Where applicable, QUANTIC DREAM declines all liability for the consequences of the Website's degraded operation resulting from the refusal of Cookies by the Customer.
The Customer may object to Google Analytics cookies by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=fr.
For more information
The Customer will find more information on cookies and in particular concerning their management on different browsers on the CNIL website (http://www.cnil.fr/vos-droits/vos-traces/les-cookies/) and on the website http://www.allaboutcookies.org/fr.
The Customer may also connect to the Youronlinechoices website, which is offered by digital advertising professionals grouped together within the European association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France. The Customer may thus be informed of the companies registered on this platform and which offer the possibility of refusing or accepting the Cookies used by these companies to adapt the advertisements likely to be displayed on his device to the Customer's browsing information at: http://www.youronlinechoices.com/fr/controler-ses-cookies/.
- HYPERTEXT LINKS
The Website may include hypertext links to other sites.
THE SELLER may not, under any circumstances, be held liable for the technical availability of websites or mobile applications operated by third parties to which the Customer may access through the Website. In addition, THE SELLER may not, therefore bear any liability for the content, advertising, products, and services available on or from these sites, mobile applications, or external sources.
If, despite the SELLER's efforts, one of the hypertext links present on the Website were to lead to a website or internet source whose content was or appeared to be non-compliant with the requirements of French law to a Customer, the latter undertakes to immediately contact QUANTIC DREAM, whose contact details appear in the legal notices published on the Website, in order to inform him/her of the address of the pages of the third party website in question.
- NULLITY OF A CLAUSE
In the event that one of the provisions of these TERMS is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change, except in cases where the agreement could not subsist without it.
- APPLICABLE LAW AND COMPETENT JURISDICTION
These TERMS are governed by French law.
In the event of a dispute to which these TERMS (or one of their clauses) and/or the relations between the parties may give rise, the consumer Customer may, at his choice, in addition to one of the courts with jurisdiction under the French Code of Civil Procedure, bring the matter before the court of the place where he resided at the time of the conclusion of the agreement or 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 for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".
In accordance with Order n°2015-1033 of 20 August 2015 and the implementing decree n°2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the French Consumer Code, may be settled amicably by mediation with the following mediator: Mediator of the MEDICYS approved mediation centre.
In order to settle a dispute, the Customer must first send a written complaint to the SELLER.
If the Customer is not satisfied after one month, he may contact the MEDICYS mediation service simply and free of charge by electronic means by submitting his file on www.medicys-consommation.fr or by simple mail (enclosing his email, telephone number and written complaint) to :
73, Boulevard de Clichy
It is reiterated that mediation is not always compulsory but only offered, in order to resolve disputes by avoiding recourse to the courts.
If the Customer is a resident of the European Union and in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has also set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: ec.europa.eu/consumers/odr
- CUSTOMER SERVICE
The customer service of this Website is accessible:
- via the “Support” form accessible on the Website
- by post to the address indicated in the legal notices.
Appendix 1 - Sample Customer withdrawal form
(Please complete and return this form only if you wish to withdraw from the agreement).
For the attention of Quantic Dream, 56 boulevard Davout, 75020, Paris - France
I hereby notify you of my withdrawal from the agreement for the Product(s) below:
Received on : _______________________________
My name and address:
(*) Delete as appropriate.