Article no. 1 : INTRODUCTION
These Terms and Conditions of Sale (hereinafter the "TCS" or the "Contract") apply to all purchases of intangible digital content (hereinafter the "Digital Content") between you (hereinafter "you" or the "User") and Ankama Games, a simplified joint-stock company with its head office located at 75 Boulevard d'Armentières, 59100 Roubaix (France), registered with the Companies and Commerce Register (RCS) of the Lille Metropolitan Area under number 492 360 730, and whose VAT number is FR55492360730 (hereinafter "Ankama", the "Company", "we", or "us").
By placing an order for one or more items of Digital Content on one of the websites published by Ankama (hereinafter the "Websites"), in the application referred to as "Ankama Launcher" or any other name substituted for it (hereinafter the "Launcher"), or within one of the video games published by Ankama (hereinafter the "Games"), including within Games available in the form of mobile applications provided by Ankama on mobile application download platforms (hereinafter the "Applications"), you agree to comply with these TCS. The Websites, Launcher, and Games are collectively referred to as the "Ankama Shops".
The Digital Content governed by these TCS comprise all content available in Ankama Shops, including but not limited to:
- subscriptions to the DOFUS video game (hereinafter the "Subscription" or "Subscriptions");
- WAKFU Booster Packs (hereinafter the "Booster" or "Boosters");
- credits that can be exchanged for game content or services (hereinafter the "Credits");
- game elements (as this term is defined in Article 6.4 hereinafter);
- WAVEN season passes (hereinafter the "Season Passes");
- and video games purchased individually.
These stipulations shall apply without prejudice to any mandatory legal provisions in this regard and, in particular, those provided for by the applicable laws of your country of habitual residence.
Unless proven otherwise, the data recorded by Ankama constitutes the presumption of proof of all transactions between Ankama and you. The history of transactions made in the Ankama Shops (excluding transactions made within the Applications) between Ankama and you can be viewed at any time on the "Account Management" page, which is accessible from the Websites.
IMPORTANT: When you purchase Digital Content, you expressly agree that the Digital Content will be made available to you immediately, and you therefore expressly waive your right of withdrawal.
Article no. 2 : USER ACCOUNTS
2.1 To purchase Digital Content, you must be the account holder for an Ankama account (hereinafter the "Account").
For more information on Account creation rules, please refer to Ankama's Terms of Use.
To make a purchase inside one of our Applications, you must also be the account holder for an account created with the mobile application download platform (hereinafter the "Application Platform" or the "Application Platforms") from which you downloaded the Application (e.g. Google Play on Android or the App Store on iOS). For more information on account creation rules, please read the terms of use for these Application Platforms.
2.2 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence so requires, you have obtained permission from your legal representative (parent or guardian). You also acknowledge that you are legally able to enter into contracts in accordance with the legislation, case law, and customs of your country of habitual residence.
2.3 For the purposes hereof, the meaning of "Account Closure" is as defined in Article 14 of the Terms of Use.
Article no. 3 : AVAILABILITY
Our offers of Digital Content are valid as long as they are visible on the Ankama Stores. They may be withdrawn or modified at any time.
Article no. 4 : PRICES AND PAYMENTS
4.1 You may purchase Digital Content using any of the payment methods offered by the Company. The available payment methods depend on the Digital Content you want to purchase and your country of residence. Similarly, the price of an item of Digital Content may vary depending on the payment method selected and your country of residence. The Company shall not be held liable if one of the normally available payment methods for the Digital Content concerned is not available when placing your order.
Some payment methods are managed by payment service providers for whom additional terms and fees may apply. Please review any such additional terms and costs before placing an order. You may also be required to create an account with such payment service providers (e.g. PayPal).
For orders via an Application, payments will be processed by the Application Platform used.
4.2 Unless otherwise stated, prices are listed in the currency of your country of residence, and include taxes. They do not take into account any exchange rates or costs linked to specific payment methods. All costs arising from banking operations, especially international bank transfers, are your responsibility. If we do not receive the full payment for the Digital Content purchase, we will not be able to validate your order. In this case, we can give you the opportunity to either complete your payment or cancel your order. If you choose the latter, we will refund the amount we received for the order. Any communication fees linked to acquiring and using Digital Content shall be borne by the User.
4.3 The Company may modify its prices at any time, without prior notice. However, in the event of payment using a non-instantaneous method (e.g. bank transfer), the applicable price will be that in force on the day the contract is formed.
4.4 You acknowledge that all payments you make on the Ankama Stores, for yourself or any person you represent, are made with the permission of the holder of the payment method used; failing this, the rules set forth by Article 4.5 shall apply. In any event, if you have not reached the age of majority in your country of habitual residence, you must obtain permission from your legal representative before making any payments on the Ankama Stores, if the applicable legislation, case law, or customs so require.
4.5 You acknowledge and accept that the Company is in no way liable for payments made fraudulently on the Ankama Stores, irrespective of the payment method used. If it transpires that you have made a fraudulent payment (i.e. without the free, informed consent of the holder of the payment method), Ankama reserves the right to sanction you and bring appropriate legal proceedings against you. Please note that you will find more information about non-financial sanctions in the Terms of Use and that such sanctions may include your Account being banned definitively.
In addition, if you provided your login details to a third party who then makes a fraudulent payment, Ankama may impose the same sanctions against you.
4.6 Some Digital Content may be purchased in exchange for Audiotel codes. You acknowledge that any person using Audiotel services is deemed to be the holder of the landline or cellphone subscription (hereinafter the "Subscriber") used to generate Audiotel codes, or is deemed to have obtained the Subscriber's permission. Audiotel codes and SMS (Short Message Service) messages are not provided by the Company, but by a third-party provider. Premium-rate calls and SMS messages from the Subscriber's landline or cellphone to obtain Audiotel codes are billed by the telephone operator. Ankama shall not be held liable for any use made of the Subscriber's landline or cellphone, nor for any billing arising from such use. In the event of unauthorized use or hacking of the landline or cellphone, the Subscriber must contact their operator. Consequently, you acknowledge that the Subscriber is responsible for the use of the subscribed landline(s) and cellphone(s) of which he/she is the holder.
4.7 In accordance with our Terms of Use, selling or exchanging Audiotel codes acquired on the Ankama Stores in our Games, on our forums, or anywhere else is strictly forbidden.
Article no. 5 : PURCHASE METHODS AND ORDER CONFIRMATIONS
5.1 For orders on our Websites or in the Launcher:
After selecting an item of Digital Content on our Websites or in the Launcher, you will be asked to log in to your Account if you were not already logged in. If it is your first payment, Ankama will ask you to certify your Account. Please read our Terms of Use to find out more about Account certification.
Whatever Digital Content is selected, a summary of your order will be shown to you prior to confirmation.
You will receive an email confirming that your order has been successfully placed.
5.2 For orders within our Games (excluding orders within our Applications):
Certain Games each have their own store that allows you to purchase Digital Content using a bank card that was previously saved on your Account (see Article 5.7 hereinafter).
After selecting an item of Digital Content within an in-game store, you will be asked to pay for it. If there are no bank cards saved on your Account, you will be automatically directed to our Websites in order to make the payment. If there is a bank card saved on your Account, you will have the opportunity (but not the obligation) to pay for your order using that card. You will be asked to enter a verification code before your order is validated.
You will receive an email confirming that your order has been successfully placed.
5.3 For orders within our Applications:
The process for validating, confirming, and paying for an order depends on the Application Platform used and how you configured your mobile device. Please read these platforms' terms of use and terms and conditions of sale for more information.
5.4 Your order is accepted and a contract is formed once we have sent you a confirmation email or we have enabled access to the Digital Content. Unless you choose to pay using a non-instantaneous method (e.g. bank transfer), the Digital Content is sold to you on a prepayment basis, and payment is therefore due when placing the order.
5.5 Under any contract formed with a payment instrument that does not enable the irrevocable collection, when ordering, of the amount due, such contract will be terminated ipso jure if the amount due is not effectively collected by us no later than ten (10) days following the date the contract was formed.
5.6 As part of the fight against payment fraud, and with the intention of securing its customers' transactions, Ankama may ask you to provide proof of identity and/or proof of address before validating your order.
The order will be final only once Ankama has received these documents and a confirmation email has been sent. If these documents are not received within the given time limit, or if they do not make it possible to identify the person placing the order and/or his/her actual address with certainty, Ankama reserves the right not to accept the order.
Ankama also reserves the right to reject an order if any previous order has not yet been paid in full, or in the event of an unusually high number of orders.
5.7 When placing your order on some Ankama Stores, you have the opportunity to save your bank card details so you will not have to re-enter them the next time you place an order.
Your bank card details are saved securely by our payment service provider.
You can view your list of saved bank cards at any time in the Account Management section under "Payments", then "Manage my payment methods". From there, you have the opportunity to delete any saved bank cards.
Each time you want to pay using a bank card that is already saved on your Account, you must enter a verification code that will be sent to you via SMS.
Article no. 6 : DIGITAL CONTENT
6.1 Subscriptions to the DOFUS video game
6.1.1 Within the Ankama Shops, the Company may offer Subscriptions to access the DOFUS game in its entirety.
6.1.2 You can view the status of your Subscription(s) in the Account Management section.
6.1.3 A Subscription starts at the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. payment by bank transfer), activation occurs only once the Company has received and collected your payment.
6.1.4 Excluding special cases, the Subscription period is calculated as follows:
- 1 week = 7 days
- 1 month = 30 days
- 3 months = 90 days
- 6 months = 180 days
- 1 year = 360 days
6.1.5 A Subscription ends upon expiry of the subscription period chosen by the User, unless Account Closure occurs before the expiry date.
6.1.6 Account Closure automatically and immediately terminates your subscription, and you will be unable to claim any refund for the remaining period, if applicable.
6.2 Boosters for the WAKFU video game
6.2.1 Within the Ankama Shops, the Company may offer Boosters that provide in-game advantages for a limited time. The various Booster categories and the benefits they provide are described in detail at the following link: https://www.wakfu.com/en/mmorpg/booster-benefits.
6.2.2 A Booster starts at the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. payment by bank transfer), activation occurs only once the Company has received and collected your payment.
6.2.3 A Booster ends upon expiry of the chosen Booster period, unless Account Closure occurs before the expiry date.
6.2.4 Account Closure automatically and immediately terminates your Booster subscription, and you will be unable to claim any refund for the remaining period, if applicable.
6.3 Credits
6.3.1 Within the Ankama Shops, the Company may allow you to acquire usage rights for Credits, including Ogrines (credits that can be exchanged for subscriptions, virtual items, or services that can be used within certain Games, including DOFUS, WAKFU, and KROSMASTER), Goultines (credits that can be exchanged for virtual items or services that can be used within the DOFUS TOUCH video game), Krosmaga Kamas (credits that can be exchanged for virtual cards in the form of boosters or decks, and services that can be used within the KROSMAGA game), and Gems (credits that can be exchanged for services, cosmetic content, and character skins that can be used within the WAVEN game). Credits allow you to access content made available to you by Ankama in the Ankama Shops.
By placing an order for Credits, you acknowledge that you have reviewed Article 9 of our Terms of Use.
6.3.2 You can view your Credit balance in the Account Management section of the Websites.
6.3.3 Credits are valid as soon as they are credited to your Account by Ankama and expire on the day of Account Closure.
6.3.4 Ankama may decide to restrict the number of Credits that you can purchase at any one time and/or hold in your Account at any time.
6.3.5 Whatever the terminology used, Ankama only provides usage rights for Credits, and not ownership rights, which you expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and that they in no way constitute money or goods of any kind. You must in no way transfer, sell, or otherwise exchange usage rights for Credits (or attempt to do so) outside of the Ankama Shops and their rules.
6.4 Game Elements
6.4.1 Ankama allows you to purchase usage rights for Game Elements, as defined hereinafter. "Game Elements" means all elements that are available for you to purchase in the Ankama Shops, whether contained in a pack or purchased individually, including but not limited to virtual items, cards, customization elements, cosmetic content, character skins, emotes, visual effects, dialogue, special effects, chests, and services that can be used within the Games.
By placing an order for Game Elements, you acknowledge that you have reviewed Article 5.4 of our Terms of Use.
6.4.2 Whatever the terminology used, Ankama only provides usage rights for Game Elements, and not ownership rights, which you expressly acknowledge. You acknowledge that the Game Elements are and remain the exclusive property of the Company. You acknowledge that the Game Elements have no financial value in the real world and that they in no way constitute money or goods of any kind. You must in no way transfer, sell, or otherwise exchange usage rights for Game Elements (or attempt to do so) outside of the Games and their rules.
6.4.3 Please note that Game Elements may have an expiry date. In any case, since Game Elements are associated with your Account, you will no longer have access to these elements in the event of Account Closure, for whatever reason, and you will not be able to claim any compensation or damages of any kind whatsoever.
6.5 WAVEN Season Passes
6.5.1 Ankama may offer Season Passes that provide in-game advantages for a limited time. The various categories of Season Passes and the benefits they provide are described in detail here: https://support.ankama.com/hc/en-us/articles/17646007725969.
6.5.2 A Season Pass starts at the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. payment by bank transfer), activation occurs only once the Company has received and collected your payment.
6.5.3 A Season Pass ends at the close of the current season, the dates of which are specified in the description of the ordered item, unless Account Closure occurs before the expiry date.
6.5.4 Account Closure automatically and immediately terminates your Season Pass, and you will be unable to claim any refund for the remaining period, if applicable.
6.6 Intangible video games purchased individually
6.6.1 In the Launcher, Ankama may make intangible video games available for individual purchase.
6.6.2 You acknowledge and agree that when you purchase an individual game in the Launcher, the game will be provided to you via a download link. Therefore, no physical media (including DVD-ROMs or CD-ROMs) will be sent to you. It is not possible to download, install, or use the game outside of the Launcher.
6.6.3 Before your purchase, you will be informed of the minimum system configuration needed to install the game. It is your responsibility to check that your computer equipment is compatible before placing any order. No refunds will be given if your hardware configuration is insufficient.
6.6.4 Since games acquired within the Launcher are associated with your Account, you will no longer have access to these games in the event of Account Closure, for whatever reason, and you will not be able to claim any compensation or damages of any kind whatsoever.
Article no. 7 : REFUNDS – WITHDRAWAL
In accordance with applicable law, when you purchase Digital Content, you expressly agree that the Digital Content will be made available to you immediately. Therefore, you expressly waive the right to exercise your right of withdrawal with regard to the purchase of Digital Content.
In certain conditions, however, you may take advantage of our refund policy. Applicable terms and restrictions are available at the following link: https://support.ankama.com/hc/en-us/articles/201130148.
Article no. 8 : PERSONAL DATA
Article no. 9 : CUSTOMER SUPPORT
The Support website (https://support.ankama.com/hc/en-us) is the preferred means of access to customer support (hereinafter the "Support"). To create a request on the Support website, you must create an assistance account by providing, in particular, a valid e-mail address. Your request will be saved in the form of a ticket (identified by a 7-digit number).
Article no. 10 : LIABILITY AND WARRANTY
10.1 DIGITAL CONTENT IS USED UNDER THE ENTIRE RESPONSIBILITY AND AT THE SOLE RISK OF THE USER.
10.2 DIGITAL CONTENT IS PROVIDED "AS IS", WITHOUT ANY GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLICIT. WITHIN THE LIMITS IMPOSED BY LAW, ANKAMA EXCLUDES ANY GUARANTEE REGARDING THE MARKET VALUE OF DIGITAL CONTENT, USER SATISFACTION, OR THE CONTENT'S CAPACITY TO FULFIL A SPECIFIC PURPOSE.
10.3 ANKAMA OFFERS NO GUARANTEE OR REFUND IN THE EVENT OF A PRICE REDUCTION OR A PROMOTIONAL OFFER.
10.4 ANKAMA SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, CESSATION OF OPERATIONS, LOSS OF DATA, LOSS OF CUSTOMERS, OR ANY PECUNIARY LOSS) ARISING FROM THE PURCHASE OF DIGITAL CONTENT.
10.5 ANKAMA SHALL NOT BE HELD LIABLE FOR DAMAGE CAUSED BY USE OF THE INTERNET, SUCH AS LOSS OF DATA, HACKING, VIRUSES, INTERRUPTION OF SERVICE, OR OTHER INVOLUNTARY PROBLEMS.
10.6 FURTHERMORE, ANKAMA SHALL NOT BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENT, SUCH AS: COMMUNICATION PROBLEMS CAUSED BY THE CUSTOMER'S INTERNET SERVICE PROVIDER (SLOW SPEED OR POSSIBLE INTERRUPTIONS), CONSTRAINTS AND LIMITS OF THE INTERNET, SPECIFICALLY REGARDING TRANSMITTING DATA VIA NETWORKS AND RECEIVING DATA, TECHNICAL PROBLEMS ENCOUNTERED BY ANKAMA'S HOST. FOR TECHNICAL REASONS, SPECIFICALLY INVOLVING MAINTENANCE OR NETWORK FAILURE, TEMPORARY INTERRUPTIONS OF SERVICES ARE 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 OF WHERE THE ORDER WAS PLACED, THERE ARE NO SIMILAR PROHIBITIONS OR RESTRICTIONS CONCERNING THE DIGITAL CONTENT ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF THE DIGITAL CONTENT DOES NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.
10.8 ANKAMA'S LIABILITY SHALL NOT BE ENGAGED REGARDING THE DIGITAL CONTENT IF THE ORDER AND/OR HOW YOU USE IT ARE UNLAWFUL.
10.9 Some countries do not authorize liability limitations or exclusions. Therefore, the limitations or exclusions cited may not apply to you.
10.10 Subject to the aforementioned provisions, if Ankama is deemed liable regarding your use of Digital Content, the amount of indemnity you may claim is restricted to the amount you expressly paid for the Digital Content.
Article no. 11 : GENERAL PROVISIONS
11.1 Applicable law: The TCS are subject to French law.
11.2 Divisibility: If any provision or term of this Contract is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.
11.3 Modification of the TCS: Ankama reserves the right to modify the content of the TCS at any time in order to keep them up to date with the Digital Content offered. The date of the most recent update at the bottom of these TCS indicates whether there have been any recent changes. The applicable terms and conditions of sale for any dispute concerning an order are therefore those in force on the date the aforementioned order is placed. In all other cases, modifications to the TCS shall apply ipso jure from their date of publication on the Ankama Stores.
11.4 Disputes: All disputes arising from the purchase and sale transactions entered into under these TCS, concerning their validity, interpretation, execution, termination, consequences and outcomes, and that cannot be resolved between Ankama and you, shall be submitted to the competent courts under the terms of common law.
The User is informed that, in the event of a dispute, he/she may resort to conventional mediation or any alternative form of dispute resolution.
For consumers in the European Union: The European Commission provides an online dispute resolution platform, available at the following link: http://ec.europa.eu/consumers/odr/.
BEFORE PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS OF SALE, AS WELL AS OUR PRIVACY POLICY.
Last updated: August 10, 2023