General Terms and Conditions of Sale - MaxPacks/Prizee Club access
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, or by clicking on "click here", the user accepts, without reserve, the General Terms and Conditions of Sale, after having read them. Minors are allowed to buy any item offered by prizee.com on the sole condition that they have the authorization of their parents or tutor(s). Their buying one of the items for sale implies that they have been authorized to do so. Prizee.com reserves itself the right to claim, at any time, a written justification and to proceed to any necessary checking. Minors who could not prove this authorization within 15 days should be excluded from the game and lose the benefit of the points gained.
Article 2: Products explanation
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". MaxPacks are offered alone or with the simultaneous subscription to a set of services providing the user with supplementary advantages. This set of services is the hereinafter mentioned "Prizee Club". The details of the offer and options can be read directly on the website. Prizee.com can modify the offer unilaterally according to technical evolutions or service organisation. "MaxPacks" also permit access to Prizee Club.
Article 3: Ordering Process
* MaxPacks 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 has been made, he must click on the Button "Reload your Account" and choose one of the different means of 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 , the certification is not immediate, and can take up to several minutes, depending on the Network status. Depending on the means of 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.
*Prizee Club access After logging onto the site, the user must click on the page "Prizee Club", accessible under the address "http://www.prizee.com/club-prizee.php". The user must click on "I subscribe". If the user has not given his name and address, he is redirected on the page "http://www.prizee.com/inscription2.php". He must then give his name and address. Once he has given his name and address, the user is directed to the page "http://www.prizee.com/club-prizee.php". He must then click on "I subscribe", give a valid e-mail address then click on "I accept the General Terms and Conditions of Sale" and the Rules. The user may then choose his means of payment. The user can also have access to "Prizee Club" by using a certain amount of "MaxPacks". This amount is clearly indicated on the site Prizee.com. The fact of clicking on the button "Validation" on the payment page constitutes an irrevocable acceptation of the order that can only be questioned within the limits mentioned in the General Terms. As soon a sthe payment has been accepted, "Prizee Club" shall be immediately accessible. When paying by Credit Card, validation is not immediate and can take a few minutes, depending on the Network status. Depending on the means of payment, 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 in the section " PRIZEE Club" accessible under the address "http://www.prizee.com/votrecompte.php". Moreover, the order implies the full adherence to the present General Terms and Conditions of Sale as well as to the Rules of the Games on the site Prizee.com.
Article 4: Prices
The prices of our products are those mentioned on the site on the day of the order - Tax included. Prizeee.com reserves the right to modify its prices at any time.
*MaxPacks 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.
*Prizee Club access Offers and prices are valid as long as they are visible on the site Prizee.com. The special offer discount is only valid for the first 3 months of the subscription, on condition that the subscription is still running aftre the first three months. The special offer applies only to the first subscription.
Article 5: Payment modalities and Security
The Payment can be realised through the following means, in function of the country of residence, the product bought 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" and on the page"http://www.prizee.com/club-prizee.php" for the subscription to Prizee Club.
Prevention of fraudulent use of Credit Cards 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 and/or to subscribe to Prizee Club, 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 and any other event related to the article 1148 of the French Civil Code. The choice and the purchase of MaxPacks and / or the subscription to "Prizee Club" 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
*MaxPacks According to the French Clause L.121-20 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.
*Subscription to "Prizee Club" According to the French Clause L.121.20 and L.121-20-2 of the Consumption code, the user has a seven days' notice as from the delivery of the product to ask for a refund without any penalties, and/or to cancel a service in case the user has ordered a product within the context of his subscription.However, the retractation is not valid if the user chooses the activation of the subscription before the end of the seven days. The activation of the subscription entails access to gifts from "Prizee Club Shop", gifts from the "Show Window", games from the "Top Games" or the "Prizee Club" games and the Queue. Should the user have purchased "MaxPacks" plus a subscription to Prizee Club and should he wish to cancel one of these 2 products, within the seven days' notice, Prizee.com would charge him the price of one product only.
Article 9 : Specific clauses for subscription to "Prizee Club"
9-1 General Subscription Conditions - Length-
Subscription to Prizee club starts when the order has been accepted. Subscription to Prizee Club is concluded for an initial period of one month. At the end of this initial period, the subscription will be renewed by tacit agreement every month, unless the user denounces it. The user can, at any time, cancel his subscription to "Prizee Club" by clicking on the link "cancel" on the page "your account"/"history of subscription" The link leads the user directly to the appropriate page and/or website, depending on the means of payment he has chosen. The cancellation will become effective at the expiration date of the subscription. Prizee.com reserves the right to modify its prices or present General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale are those in force on the site at the moment of the subscription during the initial one-month period of the subscription. In case of a change in prices or contract clauses after the one-month initial period, Prizee.com shall inform the user via e-mail or "Bubbly Box" about any change in contract clauses or raising of prices before it becomes effective. Prizee.com thus invites the user to log to Prizeee.com site regularly so as to be informed about the evolutions of the service. In that case, the user can cancel his subscription under the aforementioned conditions, otherwise the new conditions or new price shall be applied.
9-2 Particular Subscription Conditions relative to the means of payment and place of residence of the user
The subscription to "Prizee Club" becomes effective when the order has been validated. The duration of the subscription to "Prizee Club" depends on the mean sof payment and palce of residence of the user. Thus it can vary from the initial duration of the General Subscription Conditions ( paragraph 9-1 above ). The particular conditions relative to the means of payment and country of residence of the user are visible on the site when the user chooses his means of payment. The offer and the price are valid so long as they are visible on the site prizee.com.
