These General Terms of Sale shall consist of the following parts:

  1. Introduction
  2. Terms of sale
  3. Use of the Website
  4. Miscellaneous

As well as all the general terms related to topics specific to any document or policy to which a link has been provided in this document.

 

1: Introduction

These terms have been agreed between DON’T PANIC GAMES SAS, 42 rue Charles Schmidt 93400 Saint-Ouen, France, on the one hand, registered with the Registry of Commerce and Companies of Saint-Ouen, France, under the number 799 549 746, herein identified as “DON’T PANIC GAMES SAS” and the people willing to buy from the Website http://www.drakerys.com hereinafter called the “User”. These terms shall only bind individuals. Both parties agree that their relationships will be exclusively governed by this contract, excluding any condition previously available on the site. If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.

DON’T PANIC GAMES SAS commits the company to comply with all provisions of the Consumer Code relating to distance selling.

DON’T PANIC GAMES SAS reserves the right to make changes to these General Terms, providing these changes appear on its Internet site.

 

1.2: Area of jurisdiction

(1) If the customer is a buyer, the area of jurisdiction for all contentions of this contract is Paris (France). DON’T PANIC GAMES SAS has the right to take legal actions or other international proceedings.

(2) DON’T PANIC GAMES SAS operates under French jurisdiction, following European sales law, for all orders including orders made outside of France.

(3) All orders shall be processed in France.

 

2.1: Liability for online offers

(1) Regarding the online shop http://www.drakerys.com/eshop, DON’T PANIC GAMES SAS is liable for any product and pattern described, as well as for the overall structure of the shop.

(2) The shipping, logistics and receipts shall be processed by a third-party provider, Ynnis Inc.

 

2.2: Performance of the Contract

(1) The offers published on the website do not constitute a legally binding invitation to place an order with DON’T PANIC GAMES SAS or YNNIS Inc.

(2) By completing and submitting an online order in the shop, the customer enters into a binding agreement for a sales contract. In the event where the offer is taken, DON’T PANIC GAMES SAS shall send the customer a confirmation of their order by email.

(3) DON’T PANIC GAMES SAS reserves the right to check an order at any time, or to refuse it, without notice and without any liability. Your order shall be deemed to have been rejected if DON’T PANIC GAMES SAS does not confirm it within ten working days.

All orders are subject to approval by DON’T PANIC GAMES SAS and YNNIS Inc. We reserve the right at our own sole discretion to refuse your order. Here are a few examples why we could refuse your order:

Some of the products presented on the Website are not available;

We are not able to get the authorization for your payment;

Delivery restrictions apply to one product;

Some products presented on the Website contain a manifest error such as a wrong price or an incorrect description.

 

2.3: Requirements prior to entering into a contract with DON’T PANIC GAMES SAS and/or YNNIS Inc.

The user must be 16 years old or more to to buy from our Website.

The user certifies that the information they provided to DON’T PANIC GAMES SAS by the time they ordered is accurate and complete.

 

2.4: Delivery/Shipping

(1) Deliveries are made by transporters selected by YNNIS Inc. The customer is responsible for the payment of the valued costs of shipping. The cost can be based on the value and the destination of the package. The list of all current shipping fees is published on http://www.drakerys.com/eshop.

(2) Delivery is made to the delivery address you specified on the purchase order. Mailing addresses (PO Boxes, army…) will not be taken into consideration, and thus the order will not be validated.

The orders must arrive at the latest within thirty-one (31) days. Usually, most of the products are delivered within a shorter time frame. The delivery times are given for information only and are not binding DON’T PANIC GAMES or YNNIS.Inc to respect a particular period in any way. Under no circumstances can the customer claim damages as regarding delivery times.

(4) If the order is not delivered within thirty-one (31) days following the confirmation of the order, the customer is entitled to the right of return, which should immediately be applied upon notification by the customer to DON’T PANIC GAMES SAS.

(5) In the unlikely event that DON’T PANIC GAMES SAS notes, after conclusion of the purchase contract, that the  products ordered cannot be delivered, without the company to be responsible, DON’T PANIC GAMES SAS and/or YNNIS Inc. shall be entitled to rescind the sales contract. Of course, DON’T PANIC GAMES SAS shall immediately inform the customer and refund all payments already done.

 

 

2.5: Price

(1) For customers within the European Union, the quoted price is final.

(2) For customers outside the European Union, the quoted price is the net price. If duties and taxes are to be paid as a result of importing the goods, they shall be applied by the relevant authorities and charged to the customer in addition to the value of the order.

(3) In some countries, collection and delivery may be entrusted to a local third party company. In such a case, the final documents of the order shall mention it.

 

2.6: Payment

(1) For more information on the available payment methods, please check our Website. DON’T PANIC GAMES SAS and YNNIS Inc. proceed to a credit check on all purchases, in accordance with the Privacy Policy recommended by the CNIL. Depending on the result of the check, DON’T PANIC GAMES SAS reserve the right to exclude particular methods of payment.

(2) Whenever DON’T PANIC GAMES SAS or YNNIS Inc. issues or publishes an invoice, or is legally bound to do it, DON’T PANIC GAMES SAS reserves the right to issue or publish digital invoices.

 

2.7: Right of Withdrawal

(1) The customer may exercise their right of withdrawal within fourteen (14) days without giving any reason.

(2) The withdrawal period is limited to fourteen (14) days from the date the customer, or any other third party appointed by the customer, without it being the transporter, takes possession of the goods or the date of receipt of the last package or (or in the case of a delivery contract for an product consisting of several deliveries or partial products) the last partial delivery or the last product.

(3) In order for the customer to exercise their right of withdrawal, they must inform DON’T PANIC GAMES SAS by sending a clear statement by e-mail at [email protected]

(4) In order to meet the withdrawal deadline, the customer must express their will to exercise their right of withdrawal before the end of the withdrawal period.

(5) The customer may exercise this right for all purchased products. However, the products must be returned with their original packaging. Any product that is incomplete or returned without its original packaging shall not be refunded.

(6) Refunds shall be paid within fourteen (14) days following receipt of the returned product(s). In the event DON’T PANIC GAMES SAS does not receive the product(s) returned by the customer, the customer shall be refunded within fourteen (14) days following receipt by DON’T PANIC GAMES SAS of the proof of postage for the product(s). The refund shall be made according to the same modalities as the payment.

 

2.8: Guarantee

All Products sold benefit from the legal guarantee established by DON’T PANIC GAMES SAS. However, should any product be defective, we commit ourselves to exchange it for free or to refund it, in the following cases:

– Defective product or hidden defect;

– Packing list error.

The expenses incurred by the customer shall not be refunded; a credit note shall be issued based on regular shipment fees.

The cost of returning the products shall remain the responsibility of the customer in case of order cancellation, except when the seller’s liability is clearly established in such cancellation.

 

 

2.9: Limitation of Liability

The customer uses the Website at their own risks. In no event should DON’T PANIC GAMES SAS, YNNIS Inc., or their respective directors, officers or agents, or any other party involved in creating, producing, or delivering the Site shall be liable for any direct, indirect, special or consequential damages arising out the use of the Content available on this Website or the the inability to use it, including damage caused by viruses or arising from incorrect or incomplete information, of whatever nature, contained on this Website, or by the output delivery or arising from from these terms, or relating to these, even if DON’T PANIC GAMES SAS has been advised of the possibility of such damages.

 

3: Data Protection and Collection of Personal Information

In the context of accessing and using the Service available on the Sites, DON’T PANIC GAMES SAS and YNNIS Inc. may be called upon to collect and process the User’s personal information.

DON’T PANIC GAMES SAS shall process the information regarding the Users with complete confidentiality in compliance with the French Act of January 6, 1978 on Data Processing, Data Files and Individual Liberties. DON’T PANIC GAMES SAS shall employ its best efforts in order to protect the User’s personal data against any form of damage, loss, diversion, intrusion, disclosure, alteration or destruction.

All User related data collected by DON’T PANIC GAMES SAS shall be addressed to DON’T PANIC GAMES SAS for order management purposes and shell be digitally processed. The other non-mandatory information are intended to better know the users and thus, to enhance the services proposed.

The User’s personal data as well as the information regarding their orders on the Websites shall be digitally archived by DON’T PANIC GAMES SAS for all the duration of the User’s registration on the site.

In accordance with the French Act of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended by the law of 6 August 2004, the user has the right to access, modify, rectify and remove any information about themselves, and also the right to obtain further information.

They can object at any time to the processing and communication of such data.

The user may exercise their rights to access, edit, rectify or cancel their personal data by addressing their communications to [email protected]

 

 

3.1: Social Platforms

Sharing buttons are available for the main social networks. If you should choose to use them, some of the actions taken with your consent shall also appear on social platforms such as Facebook or Twitter. You should check the privacy policies of such social platforms because all your activity on the Website that shall be published on these social platforms shall not be covered by DON’T PANIC GAMES SAS Privacy Policy any more.

 

3.2: Cookies

DON’T PANIC GAMES SAS uses cookies to track – in a general manner only – the way our visitors use the Website and to determine their preferences (for example, their browsing preferences). This information makes it possible for DON’T PANIC GAMES SAS to provide services to their Customers or to enhance their experience on the Website. DON’T PANIC GAMES SAS also uses cookies in order to get generic data regarding the Site’s attendance and interaction, to establish trends and get statistics… in the sole purpose of granting better online experience and enhancing the tools proposed by the Website. DON’T PANIC GAMES SAS may call upon a third-party services provider to help them gathering the data. However, these people shall only be permitted to used the information gathered on the sole purpose of helping DON’T PANIC GAMES SAS conduct and optimize their business.