TOS
I. Presentation
These General Conditions of Sale (hereinafter "GCS" or the "Contract") apply to all purchases and supply of Digital Content (hereinafter "Digital Content") or services between you (hereinafter "You" or "User") and Ediogames ("Ediogames", the "Company", "Us" or "We").
Ediogames is identified with the Trade and Companies Register of Pontoise under the number: 799 994 421
By ordering Digital Content and / or Service (s) on one of the websites of Ediogames (current: www.ediogames.com, www.ultimatestbattle.com or future, hereinafter The "Websites" or "Sites"), You agree to comply with the GCS.
The Digital Content and Services related to the Contract are as follows:
- Ubies (virtual currency)
- In game objects
- In game services
To make a purchase on our Websites, You must have an Ediogames account. (Or the "Account")
You can create an Account directly on the site in the "Registration" section.
For more information on Account creation rules, please refer to the Ediogames Terms of Use. ("TOU").
II. Availability
The offers of Digital Content and Services offered by Ediogames are valid as long as they are visible on the Sites.
They may be modified or withdrawn at any time.
The fact that a Digital Content or a Service is not available does not give the right to any compensation, other than the refund of the sums already committed if there is cancellation of an order.
III. Price and payment
IMPORTANT: Certain Digital Content and Services may be obtained in exchange for Ubies (see Chapter IV: Ubies). The terms of this article are not applicable in case of Obtaining Digital Content and / or Services in exchange for Ubies.
3.1 / On www.ediogames.com, www.ultimatestbattle.com the means of payment service is made available and made by the company;
Ediogames 15 Boulevard Sadi Carnot, 95880 Enghien-les-Bains FRANCE.
3.2 / The Company may at any time modify its tariffs without prior warning.
However, in the case of payment by a non-immediate method, the rate applied will be that applied on the day you created your payment within the limit of the payment being made within five (5) working days.
3.3 / Some Digital Content and Services are purchased in exchange for Audiotel micropayment codes.
You acknowledge that any person using the Audiotel services is the holder of the fixed telephone line or mobile phone subscription (hereinafter the "Subscriber") used to obtain the Audiotel micropayment codes or has obtained the agreement of the -this.
Audiotel micropayment codes and SMS are not provided by Ediogames, but by a third party company.
Premium calls and SMS sent from the subscriber's telephone or mobile phone to obtain Audiotel micropayment codes are invoiced by the telephone company. Ediogames can not be held responsible for the use made of the subscriber's telephone or mobile phone, or the invoices resulting from it.
In case of unauthorized use or hacking of the telephone or mobile telephone, the Subscriber must approach his operator.
Consequently, You acknowledge that the Subscriber is responsible for the use of the subscription telephone set (s) he / she holds.
3.4 / Ediogames offers its Users various payment methods, some of which are managed by third parties to the relationship between Ediogames and You.
For example, the Company can not be held liable for any problem, particularly in the case referred to in Chapter III - 3.3
3.5 / Except in exceptional cases, the tariffs are established in the currency of your country of residence and taxes included.
They do not take into account the exchange rates and any charges related to a particular method of payment.
Communication costs related to obtaining and using Digital Content and Services shall be borne by the User.
3.6 / You may obtain Digital Content and Services by one of the payment methods proposed by the Company.
The methods of payment available are based on the Digital Content and Services you wish to obtain and your country of residence.
Similarly, the price of a Digital Content or Service may vary depending on the method of payment selected.
The Company can not be held liable if one of the usual payment methods for the Digital Content or the Service concerned is not available at the time of your order.
3.7 / You affirm that all payments made by You to the Website, for yourself or any other person You represent, are made with the consent of the individual possessing the means of payment used. Rules laid down in Chapter III - 3. 8 shall apply.
If you are under the age of majority in your country of usual residence, you must obtain the agreement of your legal representative before making any payment on our Webites.
3.8 / You affirm and agree that the Company is not responsible for fraudulent payments on its Webites, regardless of the payment method used.
If you find that You have made a fraudulent payment, that is to say without the free and informed consent of the holder of the means of payment, Ediogames reserves the right to punish you and to institute legal proceedings, Impose on you.
Such penalties may extend to the permanent suspension of your Account.
The same applies, if You have communicated your identifiers to a third party who will make a fraudulent payment, Ediogames will then be able to take the same penalties for You than this third.
IV. Ubies
4.1 / On its Webites (in particular www.ediogames.com and www.ultimatestbattle.com), Ediogames can propose Ubies.
The Ubies are a system of points, stored on the servers managed by Ediogames in the form of data, allowing you in particular:
- In the game The Ultimatest battle, to buy services (notably to change the name, enlargement of the inventory of the account, ...) and to obtain usable objects in game.
4.2 / To select Ubies, you must go to the "Buy Ubies" section of the Webites. You can then select the number of Ubies you want, identify yourself on your Account and choose your method of payment.
You can view the status of your Ubies in the "My Account" section of the Webites.
4.3 / The price depends on the number of Ubies purchased, the selected payment method and your country of residence. The availability of means of payment may be different depending on your country of residence and the number of Ubies you wish to obtain.
4.4 / The acquisition of Ubies is carried out exclusively through the services approved and provided by the Ediogames. You are therefore prohibited from obtaining Ubies outside the services provided to you and approved by Ediogames.
4.5 / The Ubies are linked to your Account. You acknowledge that the Ubies are and remain the exclusive property of Ediogames.
4.6 / Ediogames may, in its sole discretion, decide to limit the number of Ubies that You may purchase at one time and / or may keep on your Account at any time.
4.7 / You claim that the Ubies have no financial value. It is strictly forbidden to exchange them for money.
In general, the lending, sharing, exchange, donation, transfer and sale of Ubies are strictly prohibited and may give rise to penalties on your Account.
V. Purchase method and order confirmation
5.1 / The mode of selection of the Digital Content or Service you wish to obtain varies according to the case. This mode is detailed below for each of these Digital Content and Services:
- Selection of a Digital Content or Service on our Sites.
- Account identification request, You must have an account to make a purchase on our Webites.
- In case this is your first payment, Ediogames will ask you to certify your Account.
- You will then have access to the different methods of payment made available to you by Ediogames.
5.2 / Regardless of the Digital Content or Service selected, a summary of your entire order is displayed before confirmation.
Then you will receive by email a confirmation that your order has been confirmed.
VI. Digital content
6.1 / At www.ediogames.com and www.ultimatestbattle.com, the Company allows you to obtain virtual objects (hereinafter the "In-Game Item(s)" or "Item(s)") for the game The Ultimatest Battle in exchange for Ubies (see chapter IV - The Ubies).
In-game objects are stored on servers managed by Ediogames as data.
6.2 / In-Game Item(s) can only be obtained in exchange for Ubies.
Ediogames reserves the right to modify at any time the quantity of Ubies required to obtain In-Game Item(s) without prior warning.
Upon confirmation of your order, the quantity of Ubies necessary for the purchase of In-Game Item(s) will be immediately and definitively debited from the balance of Ubies of your Account.
6.3 / Ediogames may at any time modify the particulars of the Items involved, in particular for the sake of balance, without any refund being due to you.
6.4 / The obtaining of In-Game Item(s) is possible exclusively through the Webites. You are therefore prohibited from obtaining In-Game Item(s) outside these Webites.
6.5 The delivery of the In-Game Item(s) by the Company is strictly personal and limited to the experience of The Ultimatest Battle.
In-game Objects are associated with your Account. You acknowledge that the In-Game Items are and remain the exclusive property of Ediogames
The Company grants you exclusively a right of use on this Items in question, it is in no case a transfer of ownership, which You expressly acknowledge.
Thus, the right to use the In-Game Item(s) will expire at the time of the closing of your Account, whatever the reason.
6.6 / You claim that the In-Game Item(s) at stake have no financial value. It is strictly forbidden to exchange them for money.
In general, the lending, exchange, donation, sharing, transfer and sale of In-Game Item(s) are strictly prohibited, with the exception of the functionalities provided for this purpose into The Ultimatest Battle, and may give rise to penalties on your Account.
VII. Refunds and withdrawal
7.1 / Digital Content and Services shall NOT GIVE ENTITLEMENT TO ANY REFUND, even in the case of non-use, unless otherwise specified in this Agreement.
Ediogames is not responsible for errors or omissions of the User.
7.2 / The right of withdrawal does not apply when You obtained Digital Content and / or Services in exchange for Ubies.
Because it is not a sale but an exchange of points against a Digital Content or a Service. These exchanges are firm and definitive.
You have no right of withdrawal on the Digital Content and the following Services:
- In-Game Item(s)
- Services obtained through Ubies
7.3 / With regard to payments via the Audiotel and SMS services, You have no right of withdrawal with respect to services that have begun before the end of the withdrawal period.
Since Audiotel and SMS services are instant services, they are deemed to be started as soon as you get them.
In summary, You do not have the right to retract Ubies obtained via the Audiotel and SMS services.
7.4 / In all other options, You have a withdrawal period on Digital Content and Services for seven clear days.
This period shall take effect from the day following the acceptance of the offer.
Except in the case where the payment is instantaneous (example: credit card), at this time it is deemed to take place at the time of validation of the transaction.
If the deadline expires on Saturday, Sunday or a holiday, then it is extended until the first working day arriving.
The right of retraction is exercised via the Support. If the request for withdrawal is validated, you will be refunded the sums paid and collected by the Company within thirty days of the exercise of your right of withdrawal.
VIII. Liability and warranty
8.1 / Digital Content and Services are provided "as is" without warranty of any kind, express or implied. Their use is under the full responsibility and at the risk of the user.
To the extent permitted by law, Ediogames excludes all warranties relating to the market value of Digital Content and services, fitness for a particular purpose, and user satisfaction.
8.2 / Ediogames can not be held liable in any way for loss or damages in connection with the purchase of Digital Content and / or services (eg in the event of an outage)
8.3 / Ediogames gives no warranty or refund in the event of a price reduction or a promotional offer.
8.4 / Ediogames can not be held liable for any damage received while using the Internet (viruses, data loss, or other unintentional problems.)
Ediogames can not be held responsible for technical problems independent of the digital and / or served content. (Example: problems with internet communication, technical problems encountered by the Ediogames host, temporary interruption of services)
8.5 / In some countries, legislation may restrict or prohibit free access to certain works of the mind; The User undertakes to verify that there are no prohibitions or restrictions concerning digital and ordered content.
Ediogames can not be held responsible if the Digital Content and Services do not agree with the laws in force of the link of their order.
8.6 / Ediogames can not be held responsible for Digital Content and Services and because of the illegality of the order and the use you make of it.
Under the previous conditions, if Ediogames' liability was incurred in connection with your use of the Digital Content and the Services, the amount of compensation that may be claimed is limited to the amount you paid for the product (s) Digital Content (s) and / or Service (s).
IX. General provisions
By accepting the present General Conditions of Sale, You acknowledge that you are a natural person who has reached the age of majority in your country of usual residence or has obtained the authorization of your legal representative (parent or guardian) Access to Services
Ediogames has the right to change this privacy policy at any time.
It is your responsibility to verify this to make sure you accept the terms. The conditions that apply in the event of dispute concerning an order, are those in force when the order is validated.
If, however, any of the terms of this Agreement is deemed to be unlawful or unenforceable then such condition shall be abolished without prejudice to the application of the other provisions.
Before you order, you acknowledge that you have read our general conditions of sale & privacy policy.
Applicable law
The GCS are subject to French law.
X. Customer service and Support
The use of the customer service (or "Support") is done by email: support@ediogames.com
You can also contact Support by:
- Postal address at the following address:
EDIOGAMES - Customer service
15 Boulevard Sadi Carnot
95880 Enghien les Bains
FRANCE
Last update: March 2017