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Conditions of use



AGREEMENT AND SERVICES

The provisions that follow outline the general sales conditions of products offered by the company TLK Games on its website, accessible by the addresses: tlkgames.com, tlk-games.com, tlk.fr

The company TLK Games urges you therefore to read the following clauses carefully. The company TLK Games informs you that it is not possible to purchase a good or a service without first having accepted all the conditions stipulated below.

Objective

The present contract determines the rights and obligations of the company TLK Games and the consumer in the context of the sale of goods offered by TLK Games on its internet sites. The general sales conditions constitute the entirety of the rights and obligations of the parties, no other condition can be added to these. This being a distance contract, made by electronic means, the company TLK Games wishes to identify itself to the consumer: to identify the company by its title, its address, its telephone numbers, its identification number, its email address and the address of the establishment if it differs from the address of its corporate headquarters.

Contractual documents

The present contract is formed by its general sales conditions and in decreasing order of legal value, the purchase order.

Applicable law

The present conditions are subject to French law. This applies to the rules of content as well as the rules of form. In the event of a litigation or filed complaint, the consumer will first turn to TLK Games in order to seek out an amicable solution. If this should fail, the consumer will be able to file a complaint with his/her bank.

Goods and services offered

The act of making a purchase order implies your total acceptance, without reservation, of the general sales conditions, and authorizes us to store, to process and to use the information that you state on your “Purchase Order” with the aim of providing you with your purchased product and your updates. Your order will be available to you on the TLK Games site as soon as you have kindly made your payment. The offer is made for a limited amount of time, the consumer is therefore urged to pay attention to offer's time limit.

At the time of delivery, TLK Games commits itself to accompanying the purchased product with the documents necessary for its proper use. The consumer will be aware of the fact that the goods and services mentioned will be accessible by way of the identification details given by email.

Price

The prices are indicated in US dollars (USD). The VAT (value added tax) should be added where applicable. The VAT indicated on the purchase order will be the going rate on the day of the order. If the delivery takes place outside of the European Union, the customs taxes and all related charges will be at the expense of the consumer. The consumer commits him/herself to verify the regulations of the country in question.

Confirmation of the order

To assure itself of the intentions of the consumer, the company TLK Games commits itself to confirm every order placed. No later than at the moment of delivery, the confirmation will be sent by email and will indicate the product ordered, its price, the method of payment as well as the conditions of its delivery.

Delivery

TLK Games commits itself to sending by email the identification details of the ordered products within 24 hours of the placed order.

The service access information will be sent to the email address indicated by the consumer on the purchase order. All complaints will have to be directed to the address indicated on our internet site. The consumer will verify that his service access information functions properly; in the event that it should not, he/she will notify TLK Games. However, we cannot be held responsible for delays or procedural errors if those delays or procedural errors are caused by circumstances out of our reasonable control.

Payment

The consumer attests to having the required authorization to make the payment that he/she chooses to make. In the event of payment by credit card, the payment can be cancelled in case of fraudulent use of the card, in accordance with the agreements made between the consumer and his/her bank. TLK Games remains owner of the delivered or undelivered product of its catalogue and reserves the right to reclaim it by all means at its disposal in the event of a violation of the agreement.

Right of Retraction

In accordance with Article L121-20-2-1 and L121-20-2-4 of the Consumer Code, TLK Games does not grant any right of retraction for the downloaded products whose initiation and process were carried out with the consent of the customer.

Proof

The confirmations of all orders are stored by company TLK Games and will serve as proof of the transaction in question and of its date, under French law.

Guarantee and Limited Warranty

Due to the rapid development of technology, TLK Games refuses all guarantees for the use of goods and services presented on the site, you must therefore accept the responsibility for the use of the goods and services proposed on this site at your own risk. The consumer accepts all responsibility for the use of goods and services proposed on this site.

Registered information

The information requested of the consumer is necessary to process his/her order and may be disclosed to those contractual partners of TLK Games who are involved in the execution of said order. The consumer can address TLK Games by way of the contact details indicated in the confidentiality agreement on its website, in order to oppose such a disclosure, or to exercise his/her right of access and rectification with regard to the information concerning him/her contained in the files of TLK Games, in accordance with the Law of 6 January, 1978. This application was the object of a declaration in the CNIL.

Settlement of litigations

In the hypothetical event of a litigation born of the present contract, the parties involved commit themselves to seeking out an amicable solution before resorting to any legal action. The parties agree that any litigation born of the present contract will be dealt with by the competent legal body ALBI (FRANCE).

Intellectual Property

All texts, comments, illustrations and images of TLK Games reproduced on the site www.tlkgames.com and its affiliates are protected by copyright, trademark and other intellectual property laws. In accordance with these rights and the provisions of the Intellectual Property Code, it is permitted for private use only. All other use constitutes fraud and will be sanctioned in accordance with the laws of Intellectual Property, except with the explicit consent of TLK Games.

Partial non-validity

If one or more stipulations of the present general conditions are deemed non-valid and declared as such in the application of a law, a settlement or following a definitive decision by a competent legal body, the remaining stipulations will remain in full force.