General Terms of Sale and Use

https://www.topi-games.com/

PREAMBLE
 
These General Terms and Conditions of Sale and Use (hereinafter referred to as the “General Terms and Conditions”) govern the sale of board games, figurines, puzzles, role-playing games and other game items (the “Products”) on the website accessible at the URL address https://www.topi-games.com (the “Site”).
 
The Site is published, developed and operated by TOPI GAMES, (hereinafter referred to as “Topi Games”) a simplified joint stock company incorporated under French law with capital of 72,462 euros, registered with the Créteil Trade and Companies Register under number B 800 460 388 and having its registered office at 9 rue Pasteur, 94130 Nogent sur Marne, France, VAT number FR 94 800 460 388.
 
The legal representative of Topi Games is Mr. Jonathan Algaze, in his capacity as Chairman.
 
Topi Games can be contacted by telephone on 06 99 18 81 96 or by e-mail at contact@topi-games.com.
 
The Site is hosted by OVH :
 
SAS au capital de 10.174.560 euros
RCS Lille Métropole 424 761 419 00045
Code APE : 6311Z
N°TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann, 59100 Roubaix, France
Site internet : www.ovh.com
Téléphone +33 9 72 10 10 07.
 
The purpose of the Terms and Conditions is to define the contractual provisions relating to the respective rights and obligations of the parties in connection with the sale of Products on the Site by Topi Games to any individual wishing to make a purchase through the Site (the “Customer”).
 
The placing of an order for Products on the Site is subject to the Customer’s prior acceptance, without restriction or reservation, of these General Terms and Conditions.The General Terms and Conditions are without prejudice to applicable legal provisions, in particular those set out in the French Consumer Code.
 
The General Terms and Conditions are without prejudice to applicable legal provisions, in particular those set out in the French Consumer Code.

1.     PRODUCTS AND AVAILABILITY

The price and essential characteristics of each Product are described in a data sheet appearing on the Site and published, as the case may be, by Topi Games or its suppliers. This data sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only.
 
The Products offered comply with French legislation and European CE standards in force at the time the order is registered.
 
Offers of Products and prices are valid as long as they are visible on the Site, within the limit of stocks available at Topi Games and its suppliers.
 
Information on the availability of Products is communicated to the Customer at the time of placing an order for information purposes only (subject to any stock errors, simultaneous orders or product deterioration).
 
In the event that a Product is unavailable following the placing of an order, Topi Games will inform the Customer in writing and will proceed with the cancellation of the order and, if applicable, the reimbursement of the Customer.

2.   ORDER
 
2.1.       Prerequisites
 
The Site is reserved for adults with legal capacity and for minors who are emancipated or have parental consent. Topi Games encourages all persons responsible for minors to monitor their use of the Site.
 
The Customer is deemed to be an individual customer/consumer as defined by the French Consumer Code, i.e. “any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity”.
 
The use of or access to the Site is strictly forbidden to any individual or legal entity using the Site for professional purposes or as part of an ancillary professional activity.
 
The online sale of Products presented on the Site is reserved for Customers who can prove that they have a delivery address in mainland France (including Corsica), Monaco, Andorra, the French overseas departments and territories, Belgium, Luxembourg and Switzerland, in French format and standard (surname, first name, postal address, zip code, town, country).
 
The Customer shall refrain from purchasing Products in large quantities on the Site with a view to reselling them on any site (web or establishment) and in any form whatsoever.
 
Access to the Site is possible from a personal computer (PC or Mac). Use of the Site requires a broadband Internet connection and, where applicable, a mobile Internet connection for cell phones and tablets.
 
Customers are personally responsible for setting up the IT and telecommunications resources required to access the Site. They are responsible for any telecommunication costs incurred in accessing the Internet and using the Site.
 
2.2.       Placing an order online
 
Any Customer wishing to place an order on the Site must :
 
fill in the Product basket ;
fill in the various fields on the Customer order form (surname, first name, address, e-mail address, date of birth, telephone number, etc.);
select the delivery method and address to appear on the Customer order form ;
confirm acceptance of the General Terms and Conditions ;
confirm order of Products ;
choose your payment method ;
pay for the Products.
Unless expressly stated otherwise on the Site, the Customer may not modify his/her order once it has been validated. However, as long as the order has not been paid for, it may be cancelled by the Customer free of charge by e-mail or post, it being specified that Topi Games will take into account the cancellation on the date of receipt of the e-mail or post.
 
Topi Games will send a confirmation e-mail to the e-mail address provided by the Customer. The final validation of the order will only take place once the Products have been paid for by the Customer.
 
The order confirmation e-mail summarizes the essential characteristics of the Product(s) ordered, the total price, the delivery time or duration and any delivery restrictions. This e-mail will also indicate a tracking number for the Customer’s order and the terms of the right of withdrawal.
 
Each Customer guarantees the sincerity and accuracy of the information provided to Topi Games for the purposes of his/her order and undertakes to notify Topi Games of any changes by e-mail.
 
In order to combat fraud, Topi Games or its payment service providers may request additional proof from the customer or contact the customer when the order is accepted. In the event of an unjustified refusal by the Customer to provide the information and/or proof requested, Topi Games reserves the right to cancel the order without any right of objection.
 
Topi Games also reserves the right to cancel the order of any Customer who has provided incorrect information, who has failed to pay for the Products, with whom there is a dispute relating to the payment of a previous order or who has an abnormally high level of orders.
 
Topi Games shall not be held liable in any way whatsoever if an order is not processed due to technical malfunction or force majeure.
 
2.3.       Other ways of placing an order
 
The customer can also place an order in the following way :
 
by e-mail to Topi Games Customer Service ;
by post addressed to Topi Games at the address given in the preamble to these Terms and Conditions.
All orders placed by e-mail, telephone or post must be accompanied by a signed copy of these General Terms and Conditions.
 
3.     PRICES – PAYMENT METHODS – BILLING
 
3.1.         Prices
 
Product prices are indicated on the Site in euros and include all taxes (French value-added tax and other taxes applicable on the day the order is registered).
 
Any order placed on the Site and delivered outside mainland France may be subject to taxes (in particular the value-added tax of the country of delivery) or to additional delivery charges which will be communicated to the Customer before the order is validated and which will be borne exclusively by the Customer.
 
Product prices do not include order processing costs (postage, packaging, parcel preparation).
 
The cost of processing the order is indicated on the Site [Link] and depends on the place and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.
The customer is informed of this amount by means of a printable summary before the order is validated.
Processing fees are free of charge for all orders of Products over 650 euros including all taxes and scheduled for delivery in mainland France. For all orders of Products over 650 euros including all taxes and scheduled for delivery outside mainland France, the processing fee is reduced by an amount equivalent to the processing fee for delivery in mainland France.
 
Products are invoiced to Customers on the basis of the prices in force at the time of order confirmation.
 
Topi Games reserves the right to modify the prices of the Products at any time.
 
Any price change resulting from an increase in value-added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied to the prices of the Products.
 
3.2.       Payment methods
 
Payment for Products is made securely in euros by credit card (Carte Bleue, Visa, Eurocard, Mastercard), cheque (payable in France), bank transfer or via a Paypal account.
 
Payments made via the Site will be made using the SSL (Secure Socket Layer) protocol, so that information transmitted is encrypted by software and no third party should be able to gain knowledge of it during transport on the network. This is only an obligation of means on the part of Topi Games, which cannot be held responsible for any piracy by a third party of the data transmitted by the Customer, despite all the precautions taken.
 
In the case of orders placed by e-mail or post, payment can only be made by cheque (payable in France) or bank transfer.
 
Bank cards issued by banks domiciled outside France must be international bank cards. Payment with these cards is made in cash, without discount.
 
Payments by cheque should be made payable to Topi Games and sent to 9 rue Pasteur, 94130 Nogent sur Marne. In the case of payment by cheque, Topi Games reserves the right to cancel the order if the cheque is not received within seven (7) calendar days of the order confirmation date.
 
If the Customer pays via a Paypal account, he will be redirected to his Paypal account and will have to identify himself in order to validate his payment.
 
In the event of payment by bank transfer, any bank transfer charges will be borne by the Customer.
 
As soon as payment for the Products has been made, Topi Games will send the Customer an e-mail confirming payment and definitively validating the order.
 
3.3.       Billing
 
By placing an order on the Site, the Customer expressly accepts that Topi Games may send an invoice electronically. However, the customer may obtain a paper invoice by sending a request to Topi Games’ customer service department. At the customer’s request, a paper invoice will be sent directly in the parcel.
 
4.   PRODUCT DELIVERY
 
Upon confirmation of the order and payment of the price of the Products by the Customer, the Products will be dispatched according to the delivery method chosen by the Customer within two (2) working days following the date of confirmation of payment for the Products.
 
As soon as the order has been dispatched, Topi Games will also send the customer an e-mail confirming that the order has been dispatched and, if applicable, including the tracking number of the parcel so that the status of the delivery can be checked.
 
Delivery of the Products is deemed to have taken place on the date of first presentation of the Products at the delivery address indicated by the Customer at the time of ordering. The risks are borne by the Customer from the moment the Products are first presented at the delivery address(es) indicated by the Customer.
The delivery time or duration (in working days, i.e. Monday to Friday, excluding French public holidays) to the address indicated by the Customer will appear on the Customer’s order verification page and in the order confirmation email received by the Customer.
 
If the delivery date or time is not specified, delivery may not exceed thirty (30) working days from the date of the order.
 
Products ordered may be delivered in one or more separate shipments.
 
Topi Games cannot be held responsible for delays in delivery caused by the postal service or its carriers.
 
In the event of a significant delay in the delivery of the Products, Topi Games will inform the Customer, who may request a new delivery or cancellation of the order and reimbursement within thirty (30) days of the date of payment.
 
When delivery is made to a collective address, the Customer acknowledges that the order is shipped upon actual delivery to the collective address indicated on the order form, and that the transfer of ownership and risks takes place at that time.
 
When delivery is made to certain areas that are difficult to access, final delivery may be made by a carrier other than the one used by Topi Games, at the customer’s expense.
 
Furthermore, in the event of a delivery error resulting from the Customer’s communication of inaccurate information (delivery location, accessibility of the location or any other problem) leading to the need to make a new delivery, the related costs will be invoiced to the Customer.
 
5.   RETURN
 
Topi Games shall be obliged to take back and replace the Products in the event of delivery that does not comply with the order or is defective.
 
In this respect, the Customer is required to check the condition of the package and the Products upon receipt and to make the necessary reservations on the delivery slip in the event of non-conformity or deterioration of the Products. Any reservations must be notified immediately to Topi Games by e-mail, and in any event within three (3) days of delivery.
 
If this procedure is not followed, the Customer will no longer be able to make a claim concerning the conformity of the delivery of the Product.
 
The Customer must return the Products in their original packaging, indicating the reason for refusal on the delivery note or invoice.
 
The Customer is free to choose the method of shipment and whether or not to take out insurance in the event of loss, theft or destruction of the package. Topi Games cannot be held responsible for the non-receipt of the Customer’s parcel, the risks associated with the return of the Product being borne by the Customer.
 
Only products returned complete, in perfect condition, in their original packaging and with the corresponding invoice will be accepted.
 
Otherwise, the return will be considered as non-compliant and the Product will not be replaced by Topi Games. Products returned incomplete, damaged or soiled by the customer will not be accepted.
 
The Customer may then request Topi Games to exchange the defective Product.
 
The Customer may only request cancellation of the order and reimbursement of the price of the Product in the cases provided for in article L.227-14 of the French Consumer Code.
 
In the event of a refund of the Products, this will be made within fourteen (14) days of receipt of the Products. Initial delivery and return costs will only be reimbursed up to an amount corresponding to standard delivery.
 
In the case of payment by credit card, bank transfer or PAYPAL account, the refund is made directly to the customer’s account. In the case of payment by cheque, reimbursement is made by cheque sent to the billing address.
In the event of a partial return of an order, Topi Games will reimburse the customer for the cost of shipping (one way) in proportion to the total amount of the order.
 
6.     RETRACTATION
 
In accordance with the legal provisions in force, the Customer has a cooling-off period of 14 clear days from the date of delivery of the Products.
 
The Customer may notify his decision to withdraw from his order of Products by means of the withdrawal form appended to these General Terms and Conditions or by a clear and unambiguous statement to the following address :
 
by post : Topi Games SAS – Service Clients – 9 rue Pasteur, 94130 Nogent sur Marne
by e-mail : contact@topi-games.com
The Customer has a period of fourteen (14) days from the date on which he/she sends his/her decision to withdraw from the contract in order to return the Products to Topi Games for reimbursement. In this respect, the provisions of article 5 of these General Terms and Conditions shall apply concerning the conditions of return and reimbursement of the initial delivery costs of the Product. Return shipping costs are the sole responsibility of the Customer.
 
In the event that the Customer wishes to obtain a refund for the Products, such refund shall be made within fourteen (14) days of the date on which Topi Games was informed of the Customer’s decision to cancel the order. Topi Games may defer reimbursement until the date of receipt of the returned Product or until the Customer has provided proof of shipment of the Product, whichever comes first.
 
7.   RETENTION OF TITLE
 
Topi Games retains full and complete ownership of the Products until the Customer has fulfilled all of its obligations, and in particular until the price of the Products has been paid in full.
 
8.   WARRANTY
 
8.1.         Warranty
 
§1)     Legal warranty of conformity
 
a)         Présentation de la garantie légale de conformité
 
Topi Games remains liable for defects in conformity of the Products sold, in accordance with the terms of Articles L.217-3 et seq. of the French Consumer Code, reproduced in part below.
 
Article L.217-3 of the French Consumer Code :
 
” The seller delivers a good that conforms to the contract and to the criteria set out in article L. 217-5.
He is liable for defects in conformity existing at the time of delivery of the good within the meaning of article L.216-1, which appear within two years of delivery.

[…]

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.


This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity. “
 
Article L. 217-4 of the French Consumer Code :

” The good conforms to the contract if it meets the following criteria, where applicable :

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 intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter ;
3° It is supplied with all accessories and installation instructions, which must be supplied in accordance with the contract ;

4° It is updated in accordance with the contract. “
 
Article L. 217-5 of the French Consumer Code :
 
« I.- In addition to the contractual compliance criteria, a property is considered compliant if it meets the following criteria :

1° It is fit for the use ordinarily expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model prior to the conclusion of the contract ;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise ;

4° Where applicable, it is supplied with all accessories, including packaging, and installation instructions that the consumer may legitimately expect ;

5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

[…]
 
Article L. 217-7 of the French Consumer Code :
 
« Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed. […] »

b)       Exercising the legal warranty of conformity
 
If a Product purchased by a Customer does not conform to the order during the legal warranty period, the Customer must request after-sales service from Topi Games, in accordance with articles L.217-8 et seq. of the French Consumer Code.
 
To return a product to Topi Games, the customer must notify Topi Games of the warranty claim at the following address :
 
by post : Topi Games SAS – Service Clients – 9 rue Pasteur, 94130 Nogent sur Marne
by e-mail : contact@topi-games.com
The Customer will have a period of seven (7) days from the sending of the warranty claim to return the Products to Topi Games for exchange or refund. In this respect, the provisions of article 5 of these General Terms and Conditions shall apply concerning the conditions for returning the Product.
 
Upon receipt of the Product, Topi Games will check in particular whether the Product qualifies for the legal warranty of conformity. If so, the Product will be repaired or exchanged.
 
If the Product is not repairable and cannot be exchanged for an identical or equivalent product, it will be reimbursed in the form of a credit note or refund in the same way as for the right of withdrawal. In all cases, Topi Games will propose the most appropriate solution (replacement of a defective part, replacement of the Product or refund).
 
In the event of an abnormal or abusive return, or if the Customer has not complied with the warranty and return procedure, the return will be considered as non-compliant and treated as such.
 
The Customer is expressly reminded that :

– has a period of two years from the delivery of the Product to take action ;

– may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L.217-9 of the French Consumer Code ;

– is exempted from proving the existence of a lack of conformity of the Product during the twenty-four months following delivery, unless the claimed defect is with the nature of the good or of the claimed defect

 
The legal provisions relating to the exercise of the legal warranty of conformity are partly reproduced below :

Article L. 217-8 of the French Consumer Code :
 
« In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section. […] »
 
Article L. 217-9 of the French Consumer Code :
 
« […] The consumer asks the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller. »

Article L. 217-10 of the French Consumer Code :
 
« The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer’s request and without any major inconvenience to the consumer, taking into account the nature of the goods and their intended use. […] »

Article L. 217-11 of the French Consumer Code :
 
” The goods are brought into conformity at no cost to the consumer. […] “
Article L. 217-12 of the French Consumer Code :

” The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs, in particular with regard to :
1° The value that the good would have had in the absence of lack of conformity ;

2° The importance of lack of conformity ; and

3° The possibility of opting for the other choice without major inconvenience to the consumer.
 
The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.

If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.


Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium. “


Article L. 217-14 of the French Consumer Code :

” The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases :

1° When the professional refuses to comply ;

2° If compliance is not achieved within thirty days of the consumer’s request or if it causes him a major inconvenience ;

3° If the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the installation or related costs of the repaired or replacement good ;

4° When the non-conformity of the property 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 price reduction 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 rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. […] »

Article L. 217-15 of the French Consumer Code :

” In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity. “


Article L. 217-16 of the French Consumer Code :

“In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. The consumer returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract. […] “
Article L. 217-17 of the French Consumer Code :

” Reimbursement to the consumer of sums owed by the seller under this sub-section is made upon receipt of the goods or proof of their return by the consumer, and no later than fourteen days thereafter.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the latter expressly agrees otherwise and in any event at no additional cost. “

Article L. 217-17 of the French Consumer Code :

” Reimbursement to the consumer of sums owed by the seller under this sub-section is made upon receipt of the goods or proof of their return by the consumer, and no later than fourteen days thereafter.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the latter expressly agrees otherwise and in any event at no additional cost. “


b)       Hidden defects warranty
 
Topi Games is also bound by the legal warranty for hidden defects, with the exception of hidden defects of which it was unaware.
 
This warranty may be exercised under the conditions laid down in articles 1641 to 1648 of the French Civil Code, as well as article 2232 of the same code, reproduced in part below :
 
Article 1641 of the French Civil Code :
” The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. “
 
Article 1642 of the French Civil Code :
” The seller is not liable for apparent defects of which the buyer has been able to convince himself. “
 
Article 1644 of the French Civil Code :
” […] The buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him “.
 
Article 1648 of the French Civil Code – paragraph 1.
” The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. “
 
A customer’s claim under the legal warranty for hidden defects must be made within the warranty period :
by post : Topi Games SAS – Service Clients – 9 rue Pasteur, 94130 Nogent sur Marne
by e-mail : contact@topi-games.com.
The Customer is expressly reminded that :
– has a period of two years from the discovery of the defect to take action under the warranty for latent defects ;
– may choose between rescission of the sale or a price reduction in accordance with article 1644 of the French Civil Code.

 
9.   SITE AVAILABILITY
 
Topi Games makes every effort to ensure that the Site is available and functions properly 24 hours a day, 7 days a week.
 
However, Topi Games cannot exclude the possibility that access to and operation of the Site may be interrupted, in particular in the event of Site maintenance operations, force majeure, malfunctioning of the Customer’s equipment or Internet network, failure of telecommunications operators, interruption in the supply of electricity, abnormal, illicit or fraudulent use of the Site by a Customer or third party, decision by the competent authorities, or for any other reason.
 
Topi Games reserves the right to make any changes and improvements to the Site that it deems necessary in order to keep up with technical developments or to ensure the proper functioning of the Site.
 
10. RECORDING SYSTEMS
 
In the absence of evidence to the contrary provided by the Customer, the computerized registers, kept in the computer systems of Topi Games and its partners under reasonable security conditions, will be considered as proof of the communications, orders, validations and payments that have taken place between the Customers and Topi Games.
These elements are archived on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Any contract concluded with the Customer corresponding to an order of more than 120 euros including VAT will be archived by Topi Games for a period of 10 years. To access archived contracts, the customer must send a request to Topi Games’ customer service department, which will inform the customer of the procedure to follow.
 
11. INTELLECTUAL PROPERTY
 
11.1.     Ownership of intellectual property rights
 
Topi Games holds all intellectual property rights relating to the Site and its content, including but not limited to the graphic design, title, form, layout and structure of the Site, texts, logos, trademarks, images and photographs, animations and videos, slogans, databases and, more generally, all or part of the Site.
 
The present General Terms and Conditions do not entail the transfer of any of these intellectual property rights to a Customer. Consequently, each Customer is prohibited from reproducing, using and/or representing, by any process whatsoever, even partially, any element in respect of which Topi Games holds an intellectual property right in accordance with the preceding paragraph, without the prior written consent of Topi Games.
 
However, Topi Games grants customers a non-exclusive, non-transferable right to access, download and print content on the Site for personal, non-commercial use, subject to compliance with these Terms and Conditions.
 
12. HYPERTEXT LINKS
 
The Customer may not create one or more hypertext links on a third-party site to the Site’s home page or profile page without Topi Games’ prior written consent.
Any hypertext link to the Site using the “framing” technique (a programming technique that allows a web browser window to be divided into several independent frames for the purpose of displaying the content of an external site) or “in-line linking” (a process whereby a single element extracted from another site appears on a web page, This saves storage space on the hard disk of the machine where the site is hosted, and has the effect of concealing from an unsuspecting user the original environment to which the element belongs) is strictly forbidden.
The Site may contain hypertext links proposed by Topi Games and leading to a third-party site or to a Topi Games partner site.
In any case, the existence of a hypertext link to the Site from a third-party site or on the Site to a third-party or partner site does not make Topi Games liable in any way whatsoever, in particular with regard to the availability, content, products and/or services available on or from this third-party or partner site.
 
13. RESPONSIBILITY
 
Customers declare that they are aware of the constraints and limitations of the Internet networks and may not, under any circumstances, hold Topi Games liable for malfunctions in access to the Site, opening and consultation speeds of service pages, fraudulent use by third parties of information made available on the Site, viral attacks, in the event that hypertext links present on the Site refer to other Internet sites whose content contravenes current legislation or whose visit by a Customer would cause him/her any prejudice whatsoever.
It is the responsibility of each customer to protect his or her computer equipment against any form of intrusion and/or contamination by viruses. Topi Games cannot be held liable in the event of malfunction or damage to a customer’s equipment.
More generally, Topi Games may not be held liable in the event of indirect or unforeseeable damage or in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by case law.
As the Site and these General Terms and Conditions comply with French law, Topi Games cannot be held liable in the event of non-compliance with the law of another country if the Customer accesses the Site and places a Product order from another country.

14. PERSONAL DATA
 
The ordering of Products by a Customer implies the collection and automated processing by Topi Games of a certain amount of personal information.
Topi Games complies with regulations on the protection of personal data, in particular Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (GDPR)), as well as the amended Data Protection Act. In this context, Topi Games has appointed a personal data protection delegate responsible for ensuring compliance with the regulations and responding to any requests for information and/or advice relating to personal data.
More specifically, Topi Games undertakes to ensure the confidentiality, security, integrity, availability and conservation of personal data processed and/or hosted in accordance with applicable laws and regulations, and to carry out, where necessary, any steps or request any authorizations required by law with regard to the processing of personal data implemented with the Commission Nationale de l’Informatique et des Libertés (CNIL).
Personal data relating to Customers may be collected, hosted, used and stored by Topi Games to enable the supply of Products, for security and conservation purposes, in order to comply with the legal and regulatory obligations to which Topi Games is subject, or as part of the management of commercial relations, the customization or improvement of the operation of the site, and the keeping of statistics, audience measurement or market research. This personal data will be kept for a period of one year beyond the period required to achieve the above-mentioned purposes, and will then be kept in anonymous form for statistical purposes only, and will not be used in any way whatsoever.
Each customer is likely to receive, if he/she has consented, solicitations, offers and promotional messages from Topi Games’ partners at his/her e-mail address and his/her details may be passed on to commercial partners.
 
In accordance with data protection regulations, customers have the right to access, rectify, delete and object to their personal data, as well as to limit the processing and portability of their data, which they may exercise directly by contacting Topi Games at the following address : dpo@topi-games.com. If necessary, a complaint may be lodged with the Commission Nationale Informatique et Liberté, www.cnil.fr.
 
15.  COOKIE MANAGEMENT
 
In order to optimize browsing on the Site and improve the operation of the various interfaces and applications, Topi Games may place a cookie on the customer’s computer. This cookie will store information about browsing on the Site (IP address, pages consulted, dates and times, etc.) and data entered by customers during their connections (in particular personal information contained in the customer order form).
These cookies will be stored and stored by Topi Games for up to one (1) year.
Customers are informed that their browser software can be configured to detect the presence of cookies, and that they may refuse to accept them.
 
16.  CUSTOMER SERVICE
 
Topi Games customer service is available by e-mail at contact@topi-games.com or by post at the following address:
Topi Games SAS – Customer Service – 9 rue Pasteur, 94130 Nogent sur Marne, France
 
17.  AUTONOMY AND NON-WAIVABILITY
 
If any provision of these General Terms and Conditions is declared null and void or inapplicable for any reason whatsoever in application of a law, regulation or following a final court decision, it shall be deemed unwritten and the other provisions shall remain in force.
 
Topi Games’ temporary or permanent non-enforcement of one or more provisions of the Terms and Conditions shall not constitute a waiver of such provision(s).
 
18.  MODIFICATION
 
Topi Games reserves the right to modify any or all of these Terms and Conditions at any time and at its sole discretion.
 
The most recent and current version of the General Terms and Conditions will always be available at the following address: https://www.topi-games.com
Insofar as necessary, it is specified that all orders are subject to the General Terms and Conditions in force on the date the order is placed. A copy of the current General Terms and Conditions, which can be consulted and downloaded, will be provided for all orders placed on the Site.
 
19.  APPLICABLE LAW AND LITIGATION
 
These Terms and Conditions are governed by French law.
Any disputes that may arise concerning the validity, interpretation, performance, modification or termination of these Terms and Conditions shall be submitted to Topi Games for amicable settlement.
In the absence of an amicable settlement within a period of one month from the date of referral by one of the parties, any dispute will be submitted to the jurisdiction of the competent French courts.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.
Referral to the Consumer Ombudsman must be made :
– or by completing the form on the AME CONSO website : www.mediationconso-ame.com ;
– or by post to AME CONSO, 197 Boulevard Saint Germain – 75007 PARIS. »
 
20.  MEDIATION
 
Topi Games informs the customer of the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method in the event of a dispute relating to these terms and conditions.
Under article L. 612-1 of the French Consumer Code :
” Every consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme.
The professional may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.
Where there is a consumer ombudsman whose remit extends to all businesses in a given field of economic activity, the professional always allows the consumer to have recourse to it.
The terms and conditions under which the mediation process is implemented are specified by decree in the Conseil d’Etat. “
 
Pursuant to Article L.616-1 of the French Consumer Code :
” Every professional shall inform the consumer, in accordance with the procedures laid down by decree in the Conseil d’Etat, of the contact details of the competent mediator(s) to whom he/she is answerable.
The professional is also required to provide this same information to the consumer, whenever a dispute has not been settled by means of a prior complaint lodged directly with his or her services. “
 
In accordance with article R.616-1 of the French Consumer Code :
” Pursuant to Article L. 616-1, the professional informs the consumer of the contact details of the consumer mediator(s) to whom he/she is answerable, by including this information in a visible and legible manner on his/her website, on his/her general terms and conditions of sale or service, on his/her order forms or, in the absence of such media, by any other appropriate means. It also mentions the website address of the mediator(s). “
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Topi Games makes it possible for any Customer to have effective recourse to a consumer mediation system. Customers may contact the consumer mediator to which Topi Games belongs, whose contact details are as follows:
 
Mediator contact details : AME CONSO, 197 Boulevard Saint Germain – 75007 PARIS.
Mediator’s website : www.mediationconso-ame.com
Appendix : Withdrawal form
 
If the Customer wishes to exercise his right of withdrawal – in compliance with the conditions set out in Article 6 of these General Terms and Conditions – he may use the form below:
 
————————————————————
For the attention of TOPI GAMES SAS, 9 rue Pasteur, 94130 Nogent sur Marne, contact@topi-games.com
I hereby notify you of my withdrawal from the contract for the sale of the following item :
-Name(s) and item number(s) :
-Ordered on :
-Received on :
– Order N° :
Name of customer placing order :
Address of customer placing order :
Customer signature :