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General Conditions of Sale - Ankama Version 3

Article no. 1 : INTRODUCTION

If You order physical products from the website www.ankama-shop.com, please refer to the General conditions of sale for Physical Products ("GCS for Physical Products").

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, identified in the Lille Metropole Trade and Companies Register at No. 437 785 223, or any of its subsidiaries (hereinafter jointly “Ankama”, the “Company” or “Us”).

The Digital Contents governed by these General Conditions of Sale are as follows:
 
  • Subscription to DOFUS game
  • Ogrines
  • Digital magazines
  • Music downloads
  • Making available of the FLY’N video game
By placing an order for one or more Digital Content(s) on one of Ankama’s Websites (currently: www.ankama.com, www.dofus.com, www.wakfu.com, www.ankama-shop.com or www.krosmaster.com) or any future websites, hereinafter together the "websites", You undertake to comply with these General Conditions of Sale and the Terms of Use (TOU).

CAUTION! These General Conditions of Sale do not apply to the sale of physical products. Specific general conditions of sale, available in the second tab of this document, regulate the sale of said products.

These provisions 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 between Ankama and You may be consulted at any time on the website under Manage My Account.

PLEASE NOTE: You expressly accept that the supply of Digital Product will start immediately after our confirmation e-mail of purchase is sent and you consequently expressly waive your right of withdrawal.
 

Article no. 2 : USER ACCOUNT

2.1 To make a purchase on our websites, You must open an Ankama account (hereinafter the “Account”). You can create an Account from the boxes provided on the websites, located under the heading “Create an account”. For more information on the rules of creating an Account, please refer to Ankama’s Terms of Use.

2.2 You acknowledge You are a physical person of majority age in Your country of normal residence or that You have obtained the authorisation of Your legal representative (parent or guardian) if You are a minor. You also acknowledge that legally, You are capable of entering into a contract according to the law in Your country of normal residence.
 

Article no. 3 : AVAILABILITY

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 They may be withdrawn or amended at any moment.

The non-availability of a Digital Content shall not give rise to any entitlement to compensation, except for a refund of sums already paid if an order is cancelled.
 

Article no. 4 : PRICE AND PAYMENT

CAUTION! Some Digital Contents may be purchased in exchange for Ogrines (see Article 7). The provisions of this Article are not applicable in the event of acquisition of Digital Contents in exchange for Ogrines.

4.1 On the websites www.ankama.com, www.dofus.com and www.wakfu.com, the payment service is provided and operated by Ankama Games, 75 Bd Armentières, 59100 Roubaix, France.

4.2 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. 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.

4.3 Unless stated, the prices are listed in the currency of Your country of residence, and include taxes. They do not take into account exchange rates or any costs linked to specific payment methods. The communication costs linked to purchase and use of Digital Contents are the User’s responsibility.

4.4 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 for the day You made a payment, provided payment is made in full within five (5) business days.

4.5 You acknowledge that all payments You make on the Website 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 4.7 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.

4.6 The Company offers various payment means, some of which are managed by companies which are third parties to the relationship between Ankama and Yourself.

4.7 You acknowledge and accept the Company is under no circumstances liable for payments made fraudulently on its Websites, 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. 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.

4.8 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 Ankama Games, 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.

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

Article no. 5 : PURCHASE AND ORDER CONFIRMATION

5.1 The method for selecting the Digital Contents You wish to buy varies depending on the situation. The method is detailed below for each Digital Content.

5.2 After selecting a Digital Content You will be requested to identify Yourself through Your Account. You must be an Account holder if You wish to purchase from our Website (see Article 2). If this is Your first payment on our Website, Ankama will ask You to certify Your Account. Please read our Terms of Use to learn more about Account certification.

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

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

Article no. 6 : SUBSCRIPTION TO DOFUS GAME

6.1 On the website www.dofus.com, the Company may offer Subscriptions to access all DOFUS game (hereinafter the “Subscription” or “Subscriptions”).

6.2 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.

6.3 You can consult the status of Your Subscription(s) in the Account Management section of the Website.

6.4 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.

6.5 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
6.6 The Subscription ends on expiry of the Subscription period selected by the User.

6.7 The price of the Subscription depends on the length of the Subscription, the payment means selected and Your country of residence. The availability of payment means may vary depending on Your country of residence and the length of subscription You select.
 

Article no. 7 : OGRINES

7.1 On the Websites (notably www.dofus.com and www.wakfu.com), the Company may offer Ogrines. The Ogrines are a system of points, stored on servers, managed by Ankama in the form of data, so that notably:
 
  • In the game DOFUS, to subscribe, and to purchase DOFUS services (notably to change colours, the name and sex of a character or to create more characters per Account), to exchange them for Kamas in the Market Place or purchase objects that can be used in the game;
  • In the WAKFU game, to purchase Booster Packs and items that can be used in the game in the WAKFU shop (for more information on the WAKFU shop, see the “Shop” item on the Support website)
  • To purchase magazines in electronic format
7.2 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.

7.3 You can consult the status of Your Ogrines in the Account Management section of the Website.

7.4 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.).

7.5 The price depends on the number of Ogrines bought, the payment method selected and Your country of residence. The availability of payment means may vary depending on Your country of residence and the length of subscription You select.

7.6 The purchase of Ogrines is exclusively through services approved and provided by the Company. In consequence, You must refrain from acquiring Ogrines from any other source.

7.7 Ogrines are linked to Your Account. You acknowledge Ogrines are and shall remain the exclusive property of the Company.

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

7.9 You acknowledge that Ogrines have no financial value in the real world. It is strictly prohibited to exchange them for real money. In general, loaning, sharing, exchanging, donating, purchasing, transferring and selling Ogrines, outside of the scope of the actual Games and the regulations thereof, are strictly prohibited and may give rise to penalties affecting your Account.
 

Article no. 8 : DIGITAL MAGAZINES

8.1 The Company may offer digital magazines on its Websites (hereinafter, the “Magazine” or “Magazines”) in exchange for Ogrines.

8.2 The Magazines are solely payable for in Ogrines. Ankama reserves the right to modify at any time the quantity of Ogrines necessary for the purchase of the Magazines. Upon your confirmation of your order, the quantity of Ogrines necessary for the purchase of the Magazine shall be directly and definitively debited from the balance of Ogrines in your Account.

8.3 By clicking on the heading or the visual of a Magazine, You access its presentation page. You will have free access to some pages of the Magazine, which will allow you, in particular, to verify that your IT equipment permits the digital consultation of our Magazines (for more information, see Article 8.4).

You may purchase the Magazine directly by clicking on the “Buy” button on the presentation page of the Magazine.

You may also choose the Magazine by placing it into your shopping basket by clicking on “Add to basket”. You can view your basket at any time and terminate your order.

8.4 Digital consultation
The purchase of a Magazine allows the digital version to be consulted thanks to a viewer without You having the possibility of printing it or downloading it except in the case stipulated in Article 8.5. The consultation of the Magazine is accessible in the “Account Management” section under the tab “Media” or directly on the website from which You have purchased the Magazine.

You must imperatively be connected to your Account to access the digital consultation.

Once You purchase the Magazine, its consultation is immediately available without restriction of duration, as long as your Account has not been closed for any reason whatsoever and for as long as Ankama provides the Service.

The consultation of the Magazines requires the installation of an updated version of Adobe Flash Player.

An internet connection is necessary to access the viewer. All the telecommunications costs during access to internet and the use of the Websites are paid by you. Ankama cannot be held responsible in the event of incompatibility of the de la consultation of Magazines with a mobile telephone or a digital tablet.

The digital consultation of the Magazines is normally accessible 24 hours per day, 7 days per week throughout the year. Nevertheless, Ankama reserves the right, for reasons of maintenance, tests, security, repairs or of any other kind, without notice and without indemnity, to temporarily close access thereto and shall not be liable for damage of any kind that may occur because of this.

8.5 Downloading
One month after the purchase of the Magazine, You will have ability to download the Magazine in PDF format. A link permitting access to the downloading will be sent to you by e-mail or by any other means deemed suitable.

Ankama cannot be held liable if the information provided at the time of the creation of your Account and, in particular, your e-mail address, are or shall become erroneous. You must thus make sure that your e-mail address is valid. You can verify and/or modify your e-mail address under the heading “Account Management” of the Websites. To modify it, You must know the answer to your secret question.

In order to view the Magazine in PDF format, You must have the Adobe Acrobat Reader. Adobe Acrobat Reader software may be downloaded free of charge from the Adobe site.

You must make sure that the digital files ordered are compatible with your equipment
.

8.6 All the texts, images and illustrations contained in the Magazines are covered by French and international legislation concerning copyright and intellectual property. All the rights of reContention are strictly reserved. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reContention or representation of the Magazines or of all or part of the elements contained in the Magazines for purposes other than its use in conformity with its purpose is strictly forbidden, even with the mention of its provenance, and shall be deemed to be a breach of copyright that can be the subject of criminal proceedings. Any resale, exchange, renting of files or transfer to a third party is strictly forbidden. You expressly undertake to keep confidential the downloading link which shall be sent to you and not to disclose it in any form whatsoever to a third party.

Except with the prior, written authorization of Ankama, the files containing the Magazines cannot:
 
  • Be hosted (as a file or web page, in all or in part) on a public or private server other than that of Ankama;
  • Serve as a working basis for another file then modified by any means.
All the trademarks shown on the Websites or in the Magazines are trademarks filed and/or registered par Ankama. You cannot use these trademarks without the prior, written authorization of Ankama. The other trademarks shown on the Websites or Magazines, not belonging to Ankama, belong to their respective holders.
 

Article no. 9 : DOWNLOADING MUSIC

9.1 On the Website www.ankama-shop.com, the Company may offer a music downloading service (hereinafter, the Downloading Service”).

9.2 Click on the title or the icon for an album or a song to access the presentation page. You can then add the item to Your basket. You may, at any time, display Your basket and complete Your order.

9.3 Full payment entitles You to read and transfer the downloaded files on Your audio devices without limitation, but exclusively for private use. Under no circumstances may the right be transferred to a third party without the prior authorisation of Ankama.

9.4 After confirmation of Your order and payment, You will receive an e-mail link to “Your downloads” in Your account.

Remember, You may activate a download link three times only.

9.5 We undertake to exchange any damaged files. In this case, please inform us in detail as promptly as possible by notifying customer services, using the procedures in Article 13 of these General Conditions of Sale.

Ankama will replace the damaged file(s) provided the damage is Ankama’s liability (see Article 14). In any event, You benefit from the legal conformity and hidden defects guarantees, according to the laws in force.

Files are replaced as promptly as possible and at the latest within 30 days following exercise of the right.

9.6 All music files offered on the Download Service are covered by French and international legislation on copyright and intellectual property rights. All rights of reContention and representation are strictly reserved. In this regard, and pursuant to the provisions of the French Code of Intellectual Property, exclusively private use is permitted subject to other possibly more restrictive provisions in the Code of Intellectual Property. Any total or partial reContention or representation of the music files for purposes other than the permitted use is strictly prohibited, including when stating the source, and shall be considered as a violation of copyright liable to civil and/or criminal penalties. Any resale, lending or leasing of the files or their transfer to third parties is strictly prohibited.

If the music files accessible in the context of the Download Service incorporate identification and/or technical measures to control and restrict their use, or to protect them against third party violation, You undertake not to damage said statements or measures, and/or not to amend or eliminate them.

You undertake to refrain from seeking to evade or modify software necessary to use the Downloading Service, to refrain from violating these General Conditions of Sale and from concealing, modifying or deleting any information regarding the rights over music files, or from inciting or assisting third parties to carry out such acts.

Except by prior written authorisation of Ankama, music files shall not be:
 
  • Hosted (as a file or web page, in whole or in part) on a public or private server other than that of Ankama;
  • Used as a working basis for another file which is subsequently modified using any means.

Article no. 10 : PROVISION OF THE FLY’N VIDEO GAME

10.1 On the Website www.ankama-shop.com, the Company may offer a service to provide the FLY’N video game (hereafter the "FLY’N game") by supplying a Steam activation key (hereafter the "Activation key"). The Activation key can only be used on the Steam download platform (http://store.steampowered.com/). It lets you download and install the FLY'N game on this platform. The FLY'N game cannot be downloaded and installed from any platform other than Steam.

10.2 Clicking the title or the picture of the FLY'N game will take you to its presentation page. You can then add it to your basket. You can view your basket at any time and complete your order.

10.3 You recognize and accept that by buying an Activation key you will receive the FLY'N game in the form of a computer file via the Steam download platform. Consequently you will not be sent any physical medium (DVD-ROM or CD-ROM).

10.4 You will be sent the Activation key by e-mail within no more than twenty-four hours of your payment being cleared. If your payment is instantaneous (for instance payment by bank card), it will be cleared immediately. In all other cases (for instance payment by cheque or bank transfer), it will only be cleared when we receive and collect your payment. We shall not be liable if the information provided when your Ankama account was created, your e-mail address in particular, is or becomes incorrect. Please ensure that your e-mail address is valid. You can check and/or modify your e-mail address in the Account management section of the Websites. To modify it, you need to know the answer to your secret question.

10.5 You need an Internet connection to activate the Activation key and install the FLY'N game. You incur all telecommunications costs. Moreover, we specify the minimum configuration needed to install the FLY'N game prior to acquisition of the Activation key. You should check that your computer hardware is compatible before ordering. No refund can be paid if your hardware is incompatible.

10.6 You must create a Steam account and install the Steam client software to be able to download and install the FLY'N game and access it. You will automatically be e-mailed step-by-step instructions for activating the FLY'N game after your order. You can also read the section devoted to the FLY'N game on the Support site. In creating an account on Steam, installing the Steam client software and activating your Activation key, you agree to accept the Steam Subscription Agreement (hereafter the "SSA"). Please go to www.steampowered.com/agreement and read the SSA before purchasing. You should also check the minimum configuration needed to install the Steam client software. No refund can be paid if your hardware is incompatible.

10.7 In activating the Activation key you acquire a limited, non-exclusive, non-transferable and personal licence to use the FLY'N game and you agree to use it in accordance with the SSA. The FLY'N game and its installation software are reserved for strictly personal use and on no account may you use it for commercial purposes. All rights pertaining to the FLY'N game and its components belong to the Company and are protected by French and international copyright and intellectual property laws.
 

Article no. 11 : REFUNDS – WITHDRAWAL


11.1 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.
 


11.2 Withdrawal

 
In accordance with applicable law, You expressly accept that the supply of Digital Content will start immediately after our confirmation e-mail of purchase is sent. Therefore, you expressly waive the right to exercise Your right of withdrawal with regard to the purchase of Digital Content.
 

Article no. 12 : PERSONAL DATA

Personal data may be collected about You by Ankama when creating and certifying Your Account. For any information on the processing Your personal data, please see our Terms of Use and Privacy Policy.
 

Article no. 13 : CUSTOMER SUPPORT

13.1 The Customer Support website is the preferred means for accessing our customer services (Support).

13.2 Use of Customer Support is by email or ticket. Requests by email are recorded under an identifier called the “ticket number”.

13.3 You can also contact Customer Support by:
 
  • Post at the following address:
ANKAMA
Support Client
BP 60403
59057 Roubaix Cedex 1
 
  • Telephone 03 20 36 36 09 (local call) for all questions concerning after-sales services.
13.4 To contact Customer Support, You must have an Account and identify Yourself.
 

Article no. 14 : LIABILITY AND GUARANTEE

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

14.2 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.

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

14.4 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.

14.5 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.

14.6 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.

14.7 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.

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

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

14.10 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. 15 : MISCELLANEOUS PROVISIONS

15.1 Applicable law: These General Conditions of Sale are subject to French law.

15.2. 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.

15.3. Amendment of the General Conditions of Sale: Ankama reserves the right, at any time, to amend the contents of the General Conditions of Sale 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 Website.
 

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

Last update: October 14, 2014