FR EN ES PT

Article no. 1 : INTRODUCTION

These General Conditions of Sale (hereinafter the “GCS” or the “Contract”) apply to all purchases and supplies of digital contents (hereinafter the “Digital Content” or “Digital Contents”) concluded between You (hereinafter “You” or the “User”) and the company Ankama Games, a simplified joint stock company, with its head office located at 75 Boulevard d’Armentières, 59100 Roubaix (France), registered with the Trade and Companies Register of Lille Metropolis under the number 492 360 730 and whose intra-Community VAT number is FR55492360730 (hereinafter “Ankama”, the “Company” or “Us”).

The Digital Contents governed by the GCS are as follows:
 
  • Subscription to DOFUS video game (hereinafter the “Subscription” or “Subscriptions”);
  • Credits exchangeable for game content or services (hereinafter the “Credits”);
  • Game Elements (as this term is defined below in article 6.3).
By placing an order for one or more Digital Content(s) on one of websites edited by Ankama that posts a link to these GCS (hereinafter the “Websites”) or inside one of mobile applications provided by Ankama on digital distribution platform for mobile apps that posts a link to these GCS (hereinafter the “Applications”), You undertake to comply with the GCS.

These stipulations are without prejudice to any binding legal requirements on such matters and specifically, those provided by the law applicable in your country of normal residence.

Unless proved otherwise, data recorded by Ankama constitutes proof of all transactions concluded between Ankama and You. The history of transactions made on the Websites between Ankama and You may be consulted at any time on the Websites under Manage My Account.

PLEASE NOTE: when You make a purchase of Digital Content, You expressly agree that the Digital Content will be available to You immediately, and You consequently expressly waive your right of withdrawal.
 

Article no. 2 : USER ACCOUNT

2.1 To make a purchase of Digital Content, You must open an Ankama account (hereinafter the “Account”).

For more information on the rules of creating an Account, please refer to Ankama’s Terms of Use.

To make a purchase inside one of our Applications, You also must have an account created with the digital distribution platform for mobile apps (hereinafter the “Applications Platform” or the “Applications Platforms”) from which You have downloaded the Application (e.g. Google Play for Android or App Store for iOS). For more information about the account creation rules, please read the terms and conditions of these Applications Platforms.

2.2 You acknowledge that You are an individual over the age of eighteen (18) years or over the age of majority in the country where You have your principal residence or, if You are a minor and that the law of your country where you have your principal residence demands it, have obtained permission from your legal representative (parent or guardian). You also recognise that You are capable of entering into a valid agreement in accordance with the law, case law or the uses of your country where You have your principal residence.
 

Article no. 3 : AVAILABILITY

Our offers of Digital Contents are valid while visible on the Websites or inside the Applications. They may be withdrawn or amended at any moment.
 

Article no. 4 : PRICE AND PAYMENT

4.1 You can purchase Digital Contents using any of the payment methods offered by the Company. The payment methods available depend on the Digital Contents You wish to purchase and your country of residence. Also, the price of a Digital Content may vary depending on the payment method selected and your country of residence. The Company shall not be liable if one of the normally used payment means available for the Digital Content concerned is not available at the time of your order.

Some means of payment are managed by payment service providers for which additional terms and costs may apply. Please review such possible additional terms and costs before placing an order. You may also be required to create an account with such payment service provider (e.g. Paypal).

By placing an order via an Application, the payments will be processed by the Applications Platform You use.

4.2 Unless stated, the prices are listed in the currency of your country of residence, and include taxes. They do not take into account possible exchange rates or any possible costs linked to specific payment methods. The onus is on You to pay all costs arising from banking operations, especially in the case of payment by international wire transfer. If We don’t receive the full payment of the ordered Digital Content, We will not be able to validate your order. We can then offer to complete your payment or cancel your order. In the latter case, We will refund to You the amounts We have received from You for this order. The communication costs linked to purchase and use of Digital Contents are the User’s responsibility.

4.3 The Company may at any time modify its rates, without prior warning. However, in the event of payment by non-instantaneous means (for example, cheque), the applicable rate will be that in force on the day of the conclusion of the contract.

4.4 You acknowledge that all payments You make on the Websites or inside the Applications for Yourself, or any person You represent, are made with authorisation of the holder of the payment means used; in default the rules at Article 4.5 shall apply. In any event, if You have not attained majority age in your normal country of residence, You must obtain the authorisation of your legal representative before making any payments via the Websites if the law, case law or the uses of your country where You have your principal residence demand it.

4.5 You acknowledge and accept the Company is under no circumstances liable for payments made fraudulently on its Websites and Applications, irrespective of the payment means used. If it appears You made a fraudulent payment, that is without the free informed consent of the owner of the payment means, Ankama reserves the right to impose penalties and bring legal proceedings against You. Please note that You will find more information about the non-financial sanctions in the Terms of Use and these sanctions may include the permanent suspension of your Account.

Also, if You have notified your identifiers to a third party making a fraudulent payment, Ankama may impose the same sanctions on You.

4.6 Some Digital Contents can be purchased in exchange for Audiotel codes. You acknowledge that any person using Audiotel services is deemed to be the owner of the land line or mobile phone subscription (hereinafter the “Subscriber”) used to generate the Audiotel code or is deemed to have obtained the Subscriber’s agreement. The Audiotel codes and SMS (Short Message Service) are not provided by the Company, but by a third party company. Calls and SMS which are subject to additional charges from the subscriber’s landline or mobile with a view to obtaining the Audiotel codes, are invoiced by the telephone operator. Ankama shall not be liable for use made of the Subscriber’s landline or mobile phone, or any resulting invoices.

4.7 In accordance with our Terms of Use, it is strictly prohibited to sell or exchange Audiotels codes acquired on our Websites in our games, on our forums or anywhere else.
 

Article no. 5 : PURCHASE AND ORDER CONFIRMATION

5.1 For an order on our Websites:

After selecting a Digital Content on our Websites, You will be requested to identify Yourself through your Account. If this is your first payment on our Websites, Ankama will ask You to certify your Account. Please read our Terms of Use to learn more about Account certification.

Whatever the Digital Content selected, a summary of your order will be given prior to confirmation.

You will receive confirmation that your order has been registered by email.

5.2 For an order inside our Applications:

The validation, confirmation and payment process of the order depends on the Applications Platform used and parameters You have selected on your mobile device. Please review the terms of use and sale of these platforms for more information.

5.3 Your order is accepted and a contract concluded once We have sent You a confirmation email or We have enabled access to the Digital Content. Except in the event of payment by non-instantaneous means (for example, cheque), the Digital Content is sold to You on a prepayment basis and, consequently, payment is due with the order.

5.4 For contract concluded with a payment instrument which does not enable the irrevocable payment of the amount due when ordering, the contract will be automatically terminated if the amount due is not actually collected by us not later than 10 days following the date of the formation of the contract.

5.5 As part of the fight against payment fraud intended to secure customers transactions, Ankama reserves the right to request proof of identity and/or proof of address before confirming your order.

The order will be final upon receipt of these documents by Ankama and sending of the confirmation email. Failing receipt of these documents within the time allowed or if these documents do not identify with certainty the identity of the person placing the order and the accuracy of its address, Ankama reserves the right not to accept the order.
Ankama also reserves the right to refuse an order if there is an unresolved dispute regarding a previous order or an unusually high number of orders.
 

Article no. 6 : DIGITAL CONTENTS

6.1 Subscription to DOFUS video game
 

6.1.1 On the website www.dofus.com, the Company may offer Subscriptions to access all DOFUS game.

6.1.2 To select a Subscription, go to the item “Subscription” for the website www.dofus.com. You can then select the Subscription period You wish to purchase, identify your Account and chose your payment means.

6.1.3 You can consult the status of your Subscription(s) in the Account Management section of the Websites.

6.1.4 The start date for a Subscription is the precise moment of its activation on the Company’s servers. If payment is instantaneous (for example bank card), activation is immediate. In all other cases (for example payment by cheque or bank transfer), activation occurs only on receipt and cashing of your payment by the Company.

6.1.5 Excluding special circumstances, the duration of a Subscription is calculated as follows:

  • 1 week = 7 days
  • 1 month = 30 days
  • 3 months = 90 days
  • 6 months = 180 days
  • 1 year = 360 days

6.1.6 The Subscription ends on expiry of the Subscription period selected by the User, except if the closure of your Account takes place before this date.

 
6.2 Credits
 

6.2.1 On the Websites and inside the Applications, the Company may allow You to acquire rights of use on Credits, notably on Ogrines (credits exchangeable for subscriptions, virtual objects or services that can be used within certain games published by Ankama, notably DOFUS, WAKFU and KROSMASTER) and Goultines (credits exchangeable for virtual objects or services that can be used within the game DOFUS TOUCH). The Credits allow You to access contents made available to You by Ankama on Websites and/or some of its games.
 
By placing an order for Credits, You must acknowledge You have read and accepted the article 9 of our Terms of Use.

6.2.2 Specific conditions for Ogrines: to select Ogrines, You must enter the “Ogrines” section in the Websites. You can then select the number of Ogrines You wish to purchase, identify your Account and chose your payment means.

You can consult your current Ogrines balance in the Account Management section of the Websites.

6.2.3 The Credits are valid as soon as they are credited on your Account by Ankama and end on the day of the closure of your Account.

6.2.4 Ankama may, at its sole discretion, decide to restrict the number of Credits You can purchase on a single occasion and/or retain in your Account at any moment.

6.2.5 Whatever the terminology used, Ankama only supplied a right of use on Credits and not a property right, which You expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and in no way constitute money or an asset of any kind.  You must on no account transfer, sell or otherwise exchange (nor attempt to do so) the rights of use on Credits outside of the Websites, Applications, games and their rules.

6.2.6 If You obtained Ogrines in the Market Place, when exchanging them against “Kamas”, Your Ogrines are permanently linked to Your Account. A linked Ogrine cannot be exchanged with another player (for example: in the Market place of the DOFUS game). On the other hand, You can enjoy all the services offered by the Company in exchange for Ogrines, which do not involve other players (for example: buying a subscription, objects for the game etc.).
 

6.3 Game Elements
 

6.3.1 Ankama may allow You to acquire rights of use on Game Elements, as defined below. Game Elements means all elements which We propose You to buy on the Websites or inside the Applications, including but not limited to, virtual objects, cards, customization elements and services that can be used within our games.
By placing an order for Game Elements, You must acknowledge You have read and accepted the article 5.4 of our Terms of Use.

6.3.2 Whatever the terminology used, Ankama only supplied a right of use on Game Elements and not a property right, which You expressly acknowledge. You acknowledge that the Game Elements have no financial value in the real world and in no way constitute money or an asset of any kind.  You must on no account transfer, sell or otherwise exchange (nor attempt to do so) the rights of use on Game Elements outside of the Ankama’s games and their rules.

6.3.3 Please note that the Game Elements can have an expiry date. In any case, as the Game Elements are associated with your Account, You shall no longer have access to these elements in case of closure of your Account, for whatever reason, without You being able to claim any damages of any kind whatsoever.

Article no. 7 : REFUNDS – WITHDRAWAL

7.1 Refunds

 
Digital Contents shall NOT GIVE ENTITLEMENT TO ANY REFUND, even in the event of non-use. Ankama is not liable for the User’s errors or omissions.
 

7.2 Withdrawal

 
In accordance with applicable law, when You make a purchase of Digital Content, You expressly accept that the Digital Content will be available to You immediately. Therefore, You expressly waive the right to exercise your right of withdrawal with regard to the purchase of Digital Content.
 

Article no. 8 : PERSONAL DATA

By placing an order on our Websites or inside our Applications, You may be required to provide us with personal data. The information collected is electronically processed for the purposes of processing your order and fighting against payment fraud.

According the Data Protection Act of January 6th, 1978, You are entitled to access and modify information about Yourself. You can exercise this right through Support, https://support.ankama.com/hc/en-us, stating your first name(s), last name, e-mail and home address and providing proof of your identity. You also have the right to oppose the storage of your personal information, if You have a legitimate reason for doing so.

For any information on the processing your personal data, please see our Privacy Policy.
 

Article no. 9 : CUSTOMER SUPPORT

The support website (https://support.ankama.com/hc/en-us) is the preferred means of access to the Company's customer support (“Support”). To create a request on the Support website, You must create an assistance account by notably filling in a valid email address. Your request will be recorded in the form of a ticket (identifiable by a 7-figure number).
 

Article no. 10 : LIABILITY AND GUARANTEE

10.1 USE OF DIGITAL CONTENTS IS MADE UNDER THE ENTIRE RESPONSIBILITY AND AT THE SOLE RISKS OF THE USER.

10.2 DIGITAL CONTENTS ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE OF ANY NATURE, WHETHER EXPRESS OR IMPLICIT. WITHIN THE LIMITS IMPOSED BY LAW, ANKAMA EXCLUDES ANY GUARANTEE ON THE MARKET VALUE OF DIGITAL CONTENTS, USER SATISFACTION OR THEIR CAPACITY TO FULFIL A SPECIFIC PURPOSE.

10.3 ANKAMA PROVIDES NO GUARANTEE OR REFUND SHOULD PRICES FALL OR IN THE EVENT OF A PROMOTIONAL OFFER.

10.4 ANKAMA SHALL NOT BE LIABLE, IN ANY WAY WHATSOEVER, FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT RESTRICTED TO ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, CESSATION OF OPERATION, LOSS OF DATA, LOSS OF CUSTOMERS OR ANY PECUNIARY LOSS) ARISING FROM PURCHASE OF THE DIGITAL CONTENTS.

10.5 THE LIABILITY OF ANKAMA SHALL NOT BE INCURRED FOR DAMAGE CAUSED BY USE OF THE INTERNET, SUCH AS LOSS OF DATA, HACKING, VIRUSES, INTERRUPTION OF SERVICE, OR OTHER ACCIDENTAL PROBLEMS.

10.6 ANKAMA SHALL NOT MOREOVER, BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENTS, SUCH AS: COMMUNICATION PROBLEMS CAUSED BY THE CUSTOMER’S INTERNET SERVICE PROVIDER (SLOW SPEEDS OR POSSIBLE INTERRUPTIONS), CONSTRAINTS AND LIMITS OF THE INTERNET, SPECIFICALLY REGARDING TRANSMITTING DATA VIA NETWORKS AND RECEIVING DATA, TECHNICAL PROBLEMS ENCOUNTERED BY THE HOST FOR ANKAMA. FOR TECHNICAL REASONS, SPECIFICALLY MAINTENANCE OR A FAILURE OF THE NETWORK, TEMPORARY INTERRUPTION OF SERVICES IS POSSIBLE.

10.7 IN SOME COUNTRIES, THE LAWS IN FORCE PROHIBIT OR RESTRICT FREE ACCESS TO CERTAIN INTELLECTUAL WORKS; YOU UNDERTAKE TO VERIFY THAT, ACCORDING TO THE LAW WHERE THE ORDER WAS PLACED, THERE ARE NO SIMILAR PROHIBITIONS OR RESTRICTIONS CONCERNING THE DIGITAL CONTENTS ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF DIGITAL CONTENTS DO NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.

10.8 THE LIABILITY OF ANKAMA FOR DIGITAL CONTENTS SHALL NOT BE INCURRED IF THE ORDER OR THE USE YOU MAKE OF THE CONTENTS IS UNLAWFUL.

10.9 Some countries do not authorise liability limitations or exclusions. Therefore, the limitations or exclusions may not apply to You.

10.10 Subject to the aforementioned provisions, if the liability of Ankama is incurred regarding your use of the Digital Contents, the amount of indemnity which You may claim is restricted to the amount You expressly paid for the Digital Content(s).
 

Article no. 11 : MISCELLANEOUS PROVISIONS

11.1 Applicable law: The GCS are subject to French law.

11.2 Divisibility: If any of the conditions or terms in this Agreement is considered illegal, invalid or inapplicable, the condition or term shall be deleted without prejudice to application of the other provisions.

11.3 Amendment of the General Conditions of Sale: Ankama reserves the right, at any time, to amend the contents of the GCS to keep them up to date with the Digital Contents offered. The date of the last update at the bottom of these General Conditions of Sale will indicate whether there have been any recent amendments. Amendments to the General Conditions of Sale apply by right from the date of their publication on the Websites or inside the Applications.

11.4 Litigation: All disputes to which the purchase and sale transactions entered into under these GCS may give rise, concerning their validity, interpretation, execution, termination, consequences and results and which cannot be resolved between Ankama and You will be subject to the competent courts under the terms of common law.

The User is informed that, in the event of a dispute, he may resort to conventional mediation or any alternative dispute resolution.

For consumers in the European Union: the European Commission provides online dispute resolution platform, which is available via the following link: http://ec.europa.eu/consumers/odr/.
 

BEFORE PLACING AN ORDER, YOU MUST ACKNOWLEDGE YOU HAVE READ AND ACCEPTED THESE GENERAL CONDITIONS OF SALE AS WELL AS OUR CONFIDENTIALITY POLICY.

Last update: September 15, 2016