Wednesday, May 9, 2007

General Terms and Conditions of Sale - MaxPacks

General Terms and Conditions of Sale - MaxPacks

Article 1: Application field and Modification of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale, detailed below, govern the contractual relations between the users on the site Prizee.com (hereinafter known as "user") and the Company PRIZEE.COM Ltd., with a capital of 1,000,000 €, headquarters being based 22 allée Alan Turing - 63000 CLERMONT-FERRAND, registered at the Commerce Register under the number 432 535 581 (hereinafter known as "Prizee.com").

These General Terms and Conditions of Sale are the only applicable ones and replace all other Conditions, excepted written dispensations. Prizee.com can be led to punctually modify certain dispositions of the General Terms and Conditions of Sale, it is therefore necessary for the user to re-read them, when putting an order through. These General Terms and Conditions of Sale cannot be applied to previous contracts. Every purchase on the site is governed by the General Terms and Conditions of Sale applicable on the day of purchase. Prizee.com considers, that, by confirming his order, the user accepts, without reserve, the General Terms and Conditions of Sale, after having read them.

Article 2: Products explanation

Offers and prices are valid as long as they are visible on the site Prizee.com. A "MaxPack" is a Go refill for Games usable only on the Internet Site Prizee.com. These Gos are affected to the user and can be played at any time, within the limit of the presence of the game on the site. In case of a complete outage of the game, Gos that will until then not have been played shall be lost. The composition of a MaxPack depends on the different games proposed to the date of use of the MaxPack, and can vary according to the choice of the user as well, since he can choose the games for which he wants extra Gos. This composition is indicated on the page named "MaxPack" under the address "http://www.prizee.com/packpartie.php".

Article 3: Ordering Process

After logging onto the site, the user has to click on the page "MaxPack", accessible under the address "http://www.prizee.com/packpartie.php". He then chooses the composition of his MaxPack. Once the choice made, he must click on the Button "Reload your Account" and chose one of the different means f payment proposed. Clicking on the button "Ok" on the payment page accounts for an irrevocable admission of the order, that can be questioned only within the limits planned by the General Terms and Conditions of Sale. As soon as the payment has been accepted, the MaxPack(s) ordered by the user are automatically credited to his account. When using the Credit Card Payment is used, the certification is not immediate, and can take up to several minutes, depending on the Network status. Depending on means o payment used, the user will receive a receipt of his order in the Section "Your Messages", under the address "http://www.prizee.com/intra_mail.php" or through the sections "History of your payments" and "history of your MaxPacks" accessible through the link "http://www.prizee.com/votrecompte.php". As soon as they are available, the user can use the ordered MaxPack(s), without any limit in time, by clicking on the corresponding icon. This click implies the use of the MaxPack that is then converted to Gos for Games on the site.

Article 4: Prices

The sales' prices vary depending on the number of purchased MaxPacks, the means of Payment used and the country of residence of the user. They are indicated in euros, tax included. They can be consulted on the "MaxPack" page, accessible under the address "http://www.prizee.com/packpartie.php". Prizee.com reserves the right to modify the prices, at any time, but commits itself to applying prices indicated at the moment of the order.

Article 5: Payment modalities and Security

The Payment can be realised through the following means, in function of the country of residence and the choice of the user: Credit Card, SMS, Phone, Internet+. The modalities of use for each payment can be consulted under the page MaxPack, accessible under the address "http://www.prizee.com/packpartie.php". Concerning a payment put through with a credit card, the information relative to the order shall be the object of automatic data processing by FIA-NET. This automatic Data Processing makes it possible to determine the analysis level of a transaction and its purpose is to prevent fraudulent use of Credit Cards. FIA-NET and Prizee are the sole receivers of the data in relation to your order. Data relative to your order may prevent the execution and analysis. The occurrence of an overdue motivated by a fraudulent use of a Credit Card, will imply the logging of the detail relative to this order, associated to the overdue, within a file "payment incident", set up by FIA-NET. An irregular declaration or an anomaly can also be the object of a special processing. According to the Laws relative to Computers and Freedom in date of January the 6th, 1978, you dispose of a modification and opposition right concerning the whole of your personal data: This right may be applied by sending a letter, in which you should justify your identity, to FIA-NET - Service Informatique et Libertés - Traitement n°773061 - 22 rue Drouot, 75009 PARIS. Prizee.com reserves the right to refuse to carry out a delivery or to honour an order coming from a customer who has not totally or partially paid a previous order or with whom a case at issue is still being processed.

Article 6: Documentary evidence

Prizee.com reserves the right to request documentary evidence concerning the identity of the user, his address and his means of payment used to purchase MaxPacks, in particular an identity card or passport, documentary evidence of residence and documentary evidence depending on the means of payment used such as a phone or internet bill or a bank statement. The user must keep the documentary evidence concerning the means of payments for at least 1 year, from the purchase date on the site onwards. Should the user not answer to the documentary evidence request within 15 days, he will lose the benefit of his games and his account on Prizee.com.

Article 7: Liability

The present contract is governed by French law. Prizee.com cannot be held responsible for the non-execution of the contract concluded in the case of a fortuitous occasion, of an act of god, of a disruption, of a total or partial strike especially concerning media, in case of flood or fire. The choice and the purchase of a product are under the users' responsibility. The total or partial impossibility to use certain products especially in a case of equipment incompatibility, will, in any case not be compensated or refunded and Prizee.com's responsibility shall not be revised. In the case of the non-delivery of an order or a part of it, you have 6 months maximum (as of the purchase date) to manifest yourself. Beyond this deadline, we will not accept any claims. All litigations will depend on the jurisdiction of Clermont-Ferrand.

Article 8: Revocation Right

According to the French Clause L.121-16 of the Consumption code, the user has a 7 working days' notice as from the delivery and validation date onwards (corresponding to the payment date) in order to ask for a refund. In order to do so, the user must send a written request, by post or by fax, he must indicate his Prizee username, complete details, the order's date and the means of payment used. This revocation right will only be accepted for complete MaxPacks, without any gos already used. After having received your order and validated it, we undertake to proceed to the refund within 30 days maximum.




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