Terms and Conditions
General Terms and Conditions of Sale – GAMEO
Article 1 - The Seller
The GameO.com website is owned, designed and managed by ESQUAD SRL, hereinafter referred to as "the Seller", whose registered office is located at 6, Rue Geroges Cosse, 5380 Fernelmont, Belgium and registered under the company number BE 0553 909 392 and which can be reached directly at the following e-mail address : [email protected] .
The present general terms and conditions of sale are concluded between the Seller and any individual or legal entity wishing to make a purchase from the GameO website. This person is hereinafter referred to as "the Buyer".
Article 2 - Purpose
2.1. The purpose of these Terms and Conditions is to define the contractual relationship between the Seller and the Buyer as well as the conditions applicable to any purchase made on the GameO website accessible at https://www.gameo.com (hereinafter referred to as "the Site").
2.2. These Terms and Conditions and the conditions or notices on the Site constitute the entirety of the provisions applicable to the contractual relationship between the Seller and the Buyer.
2.3. The purchase of a service via the GameO website implies unconditional and express acceptance by the Buyer of these General Terms and Conditions of Sale. The electronic ordering process cannot be continued without checking the box "I accept the terms and conditions". A copy of the terms and conditions of sale will be sent to you by e-mail with each registered order in a format that you can save or print.
2.4. The Terms and Conditions are accessible at all times on the Site and shall prevail, where applicable, over any other version and over the Buyer's own terms and conditions of purchase or otherwise. They apply to all offers, orders and contracts of the Seller.
Article 3 - Products Offered by GameO
3.1. The products offered by the Seller are those that appear in the online shop published on the Site. These products are offered within the limits of available stocks or availability defined by the Seller.
3.2 Each product is accompanied by a description drawn up by the Seller in good faith and as accurately as possible.
The Seller may provide in its descriptions age and content ratings for products supplied to it by publishers without guaranteeing that the aforementioned ratings are accurate or that the products do not contain offensive, indecent or objectionable content.
The Buyer accepts that the Seller bears no responsibility for the content of the products (programmes) offered for sale that the Buyer finds offensive, indecent or objectionable.
3.3. The offers on the Site are made without obligation and are only binding on the Seller once they have been accepted without reservation by the Buyer and after written confirmation of the Buyer's order by the Seller.
Article 4 - Age Requirements
The Buyer must be of legal age and have legal capacity at the time of placing an order on the GameO.com website. If the potential Buyer has not reached the age of majority, only his or her parents or legal guardians have the right to place an order on the Site.
Article 5 - Prices
5.1. The prices of our products are indicated in the catalogue in Euros including all taxes. All orders, whatever their origin, are payable in Euros.
5.2. The prices exclude all costs and expenses of any kind that are not specifically mentioned in the order.
In particular, any delivery costs vary according to the country of delivery chosen by the Buyer and are estimated in the description of the basket before the order is finalised. They are invoiced in addition to the price of the selected products.
5.3. The Seller reserves the right to modify its prices at any time but at the latest at the time of the order. The applicable and final prices are those in force on the day the contract is concluded (placing of the order).
5.4. The Seller may offer promotions and giveaways via the online shop. Any promotion offered may be modified or discontinued by the Seller at any time, without notice and without justification. Giveaways are offered while stocks last and may be withdrawn from the web shop by the Seller at any time without notice or justification.
Article 6 - Creating an Account on the GameO Website
6.1. The Buyer who wishes to purchase a product must create a customer account on the GameO.com website and provide at least the following informations: last name, first name, e-mail address and password. Confirmation of the creation of the account is sent to the Buyer by e-mail.
6.2. The Buyer can only create one account which is personal to him/her. Without prejudice to Article 15 concerning termination at the Buyer's expense, the Seller reserves the right to delete without notice any multiple registrations and to give notice to the customers concerned to delete their accounts.
6.3. The Buyer can delete his customer account at any time by logging into his account and selecting the option to delete the account.
Article 7 - Order and Payment
7.1. The Buyer who wishes to purchase a product must:
• Fill in the order form with all the details requested;
• Make the payment in accordance with the conditions set out;
• Accept the present general conditions of sale;
7.2. The confirmation of the order will be communicated by the Seller by e-mail and will be considered as a signature and acceptance of the order by the Seller.
7.3. Payment is made online either by credit card (Visa, Mastercard, Eurocard, iDeal), bank transfer or by payment card (Bancontact, Paysafecard). No other methods of payment are accepted.
The Seller is in no way responsible for any problems that the Buyer may encounter during transactions with these different payment companies; these companies provide the Buyer with access to their own secure payment areas and will send the Buyer an e-mail informing him/her of the success or failure of the payment procedure.
Article 8 - Delivery
8.1. The product purchased by the Buyer is delivered to the address of his choice, as indicated at the time of placing the order, subject to payment of the delivery costs. The Seller limits deliveries to the following countries: Belgium, the Netherlands, Luxembourg, Germany and France.
8.2. The estimated delivery times are indicated on the site in the product description and/or at the time of ordering. However, these times are given for information purposes only and depend on the country of delivery. The Seller cannot be held responsible for any delays due to the carrier.
Article 9 - Right of Withdrawal
9.1. The Buyer, when acting as a consumer, has a statutory period of fourteen (14) days from the date of delivery of the products purchased to withdraw from the purchase.
However, the Buyer acknowledges that he does not have this right of withdrawal for:
- the supply of sealed material media that have been unsealed after delivery and whose packaging has been damaged and is therefore unusable for any resale;
- the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
- the supply of digital content not supplied on a material medium (e.g. video games) if the performance has been started with the express prior consent of the Buyer, who has also acknowledged that he will thereby lose his right of withdrawal. The latter condition is fulfilled by the sole use of the code allowing access to the game.
9.2 Within the period mentioned in article 9.1, the Buyer must make an unambiguous declaration of his/her decision to withdraw from the contract by sending an email to the address: [email protected] .
The Buyer is obliged to return the products to the Seller without undue delay and, in any event, no later than fourteen days following the communication of his decision to make use of his right of withdrawal. This period is respected if the Buyer returns the goods before the expiry of the 14 days period.
The reimbursement of the sums paid by the Buyer will be made as soon as the products concerned have been recovered and their conformity and good condition have been verified.
9.3. The Seller shall bear any costs incurred by the Buyer in returning the goods.
Article 10 - Order Cancellation, Return and Refund
10.1. Cancellation of the order
The Seller shall make every effort to ensure that the products ordered by the Buyer are available. If the stock of a product purchased is exhausted, despite the Buyer's order, the Seller will inform the Buyer as soon as possible, who will have to choose within ten (10) days the option he prefers between :
- Wait for the stock to be replenished;
- Cancel the order;
Once this choice has been made, the Buyer will no longer have the opportunity to choose the other option. This is a definitive choice.
If the Buyer chooses to cancel the order, the Seller will refund the order within fourteen (14) days of notification of the Buyer's choice or of the discovery that the Buyer is a minor, unless there is a justified delay.
However, in the case of a sale of goods, the Seller may defer the refund until the day of collection of the goods or until proof of shipment of the goods is provided.
The Seller cannot be held responsible for any damage resulting from the unavailability of a product.
10.2. Return of non-conforming or damaged products at the time of delivery
If the product received by the Buyer does not conform to the product ordered or is damaged at the time of delivery, the Buyer is obliged to return it to the Seller within fourteen (14) days of receipt of the order and to inform the Seller as soon as possible after receipt of the order either by sending an e-mail to the address: [email protected] or by indicating it via the status of the order on the Site.
The amount of the order will be refunded to the Buyer upon receipt of the returned product. The Seller may refuse the return or refund of a product if it has been used for a period exceeding the one required to verify the conformity of the product, if the Buyer acknowledges having damaged the product or after using a one-time code.
10.3 Practical arrangements for returns
The Seller shall bear any costs incurred by the Buyer in returning the goods.
10.4. Loss or non-delivery of your order
The Buyer is obliged to inform the Seller that the package has been lost or not delivered within thirty (30) days of payment.
In this case, the Seller will proceed with the reimbursement of the order within fourteen (14) days, after checking internally and with the carrier.
The Seller reserves the right to refuse the Buyer's request if it is not received within the period indicated.
Article 11 - Reservation of Ownership
The Seller reserves ownership of the goods until full payment of the principal amount and all accessories by the Buyer.
Notwithstanding this retention of title, all risks of loss and damage to the goods concerned shall pass to the Buyer as soon as he takes possession of them.
Article 12 - Responsibility of the Buyer
12.1. Prior to any purchase, it is the responsibility of the Buyer to ensure that their device meets the minimum system requirements, including any requirements available on the product detail pages.
12.2. The Buyer is obliged to check immediately whether he/she has access to the digital content purchased without a physical medium as soon as the file has been downloaded and imported.
Any complaint must be communicated to the Seller within seven (7) calendar days at the latest, by e-mail to the address mentioned in article 1 of these General Conditions. Buyer must describe in detail the problem found.
The Seller's liability, if established, is strictly limited to the implementation of all appropriate measures deemed useful or necessary to remedy the problem. The case will be dealt with as soon as possible, during normal working hours.
Article 13 - Liability of the Seller
13.1. In no event shall the Seller, its directors, officers, employees, agents, representatives or mandatories be liable for any claim or damage, direct or indirect, arising out of the use of the Site, its free or paid services and public information or the interpretation of this Agreement.
13.2. The Seller reserves the right to interrupt access to the Site and its contents and services at any time in order to maintain or update the Site, without being liable to the Buyer for any compensation.
13.3. The Seller, in the process of putting on sale the products offered, is only bound by an obligation of means. The Seller shall not be liable for any failure of the Internet service provider or the Site's host, or for any damage resulting from the risks associated with the use of the Internet such as loss of data, computer hacking, computer viruses, service interruptions or other problems that are involuntary or beyond its control.
Article 14 - Language of the Agreement
The GameO Website is available in English, German, Dutch and French. By clicking on the flag in the upper right-hand corner of the GameO homepage, the Buyer can choose the language and the country in which he is located. The language chosen will be the language used for transactions and communications between the Buyer and the Seller.
Article 15 - Termination of the Contract at the Buyer's Expense
15.1 In the event of a serious breach of a provision of these general terms and conditions, the Seller may terminate the contract with the Buyer by right, without notice and by registered letter, without refund. In the event of a non-substantial breach, the Seller must give reasonable notice (15 days). The Seller also has the right to withdraw the Buyer's access to the Site and its contents and to claim appropriate damages for the loss suffered as a result of this breach.
15.2. The contract will also be terminated if the Seller determines that the Buyer's use of the Site violates the contract, is inappropriate, involves fraud or misuse of the Online Store, or harms the Seller's interests or those of another user of the Online Store.
Article 16 - Intellectual Property
16.1 All elements of the Site (textual content, articles, files, iconographic representations, illustrations or original images, photos, tutorials, videos, diagrams, layouts, etc.) are protected by the laws on copyright and author's rights, and remain the exclusive property of the Seller or its partners.
No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the Site, regardless of their nature (graphic, textual, audiovisual, sound or software content).
16.2. Any infringement of the intellectual property rights of the Seller or its partners may give rise to legal proceedings for infringement.
Article 17 - Protection of Personal Data
Article 18 - Autonomy of Provisions
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity of the others. The fact that the Seller does not avail itself of any provision of these terms and conditions may in no way be interpreted as a waiver of its right to avail itself of such provision at a later date.
Article 19 - Applicable Law and Jurisdiction
19.1. The applicable law is Belgian law.
19.2 Regardless of the language of the contract, in the event of a dispute, the French-speaking courts of the district of Brussels shall have exclusive jurisdiction. However, the Parties shall attempt to resolve amicably any dispute or litigation arising from the performance of the contract before instituting any legal proceedings, although this provision may not be interpreted as a condition for the admissibility of a legal claim.