I. General Terms of Use
1. Scope of application
The present general terms of use (hereinafter referred to as the "GTU") apply to any visit or use of the Platform and its information by an internet user (hereinafter referred to as "User").
By visiting or using the Platform, the User acknowledges having read these Terms of Use and expressly accepts the rights and obligations mentioned therein.
Exceptions to the provisions of the Terms of Use may be made in writing. These exceptions may consist of the modification, addition, or removal of the clauses to which they relate and do not affect the application of the other provisions of the Terms of Use.
We reserve the right to modify our Terms of Use at any time, without prior notice, but we commit to applying the provisions that were in effect at the time you used our platform.
2. Platform
a. Access to navigation
We take all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of our Platform. However, we cannot provide a guarantee of absolute operability, and therefore our actions should be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Therefore, we are not responsible for any damages that may result from possible malfunctions, interruptions, defects, or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without the obligation to provide prior notice.
b. Content
Geronimo Games SRL determines the content of the Platform and takes great care with the information present on it. We take all possible measures to keep our Platform as complete, accurate, and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, complete, or delete the Platform and its content at any time, without being held liable.
Geronimo Games SRL cannot provide an absolute guarantee regarding the quality of information available on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise, or up to date. Consequently, Geronimo Games SRL cannot be held liable for any direct or indirect damages that the User may suffer due to the information present on the Platform.
If certain content on the Platform violates the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
All downloads from the Platform are always at the User's own risk. Geronimo Games SRL cannot be held responsible for any direct or indirect damages resulting from these downloads, such as data loss or damage to the User's computer system, which are entirely and exclusively the User's responsibility.
c. Services reserved for registered Users
1) Registration :
Access to certain services is conditional upon the User's registration.
Registration and access to the Platform's services are exclusively reserved for legally capable individuals.
Upon registration, the User agrees to provide accurate, sincere, and up-to-date information about themselves and their civil status. The User must also regularly verify the data concerning them in order to maintain its accuracy.
The User must therefore provide a valid email address, to which the Platform will send a confirmation of their registration for its services. An email address cannot be used multiple times to register for the services.
All communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The User therefore agrees to regularly check the messages received at this email address and, if applicable, to respond within a reasonable timeframe.
Only one registration is allowed per individual.
The user is assigned an identifier that allows them to access a space reserved for them (hereinafter referred to as "Personal Space"), in addition to entering their password.
The username is permanent; however, the password can be changed online by the user in their Personal Space. The password is personal and confidential, and the User agrees not to disclose it to third parties.
Geronimo Games SRL reserves the right to refuse a request for registration to the Platform's services in the event of non-compliance by the User with the Terms of Use.
2) Unsubscription:
The regularly registered user may request their unsubscription at any time by visiting the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the user has completed the form provided for this purpose.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Geronimo Games SRL and the external website, nor that there is an implicit agreement with the content of these external sites.
Geronimo Games SRL has no control over external websites. Therefore, we are not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, they leave the Platform. We cannot be held responsible for any subsequent damage.
4. Intellectual Property
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, etc. that make it up or that are accessible via the Platform, are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation, or partial or total exploitation of the content, trademarks, and services offered by the Platform, by any means whatsoever, without the prior, express, and written permission of the publisher, is strictly prohibited, except for elements expressly designated as free of rights on the Platform.
The User of the Platform is granted a limited right of access, use, and display of the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless prior written agreement is obtained, Users are not permitted to modify, reproduce, translate, distribute, sell, or publicly communicate, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform that would modify or could be likely to modify its content or appearance.
5. Personal Data Protection
The personal data provided by the User during their visit or use of the Platform is collected and processed by Geronimo Games SRL exclusively for internal purposes. Geronimo Games SRL assures its users that it places the utmost importance on the protection of their privacy and personal data, and that it is committed to always communicating clearly and transparently on this matter.
Geronimo Games SRL is committed to complying with the applicable legislation in this area, namely the Law of December 8, 1992, on the protection of privacy with respect to the processing of personal data, as well as the European Regulation of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
6. General provisions
Geronimo Games SRL reserves the right to modify, extend, delete, limit, or interrupt the Platform and the associated services at any time, without prior notice, and without incurring liability.
In the event of a violation of the Terms of Use by the User, Geronimo Games SRL reserves the right to take appropriate sanction and remedial measures. Geronimo Games SRL specifically reserves the right to deny the User any access to the platform or our services temporarily or permanently. These measures may be taken without notice and without reason. They cannot hold Geronimo Games SRL liable or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our Terms of Use will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. General Terms and Conditions of Sale
1. Scope of application
The present general terms and conditions of sale (hereinafter referred to as the "GTC") define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter referred to as "Client").
The General Terms and Conditions express the entirety of the parties' obligations. The client is deemed to accept them unreservedly; otherwise, their order will not be validated.
Exceptions may be made to the provisions of the General Terms and Conditions (GTC) to the extent that these exceptions have been the subject of a written agreement. These exceptions may consist of the modification, addition, or deletion of the clauses to which they relate and do not affect the application of the other provisions of the GTC.
Geronimo Games SRL reserves the right to occasionally modify the General Terms and Conditions. The modifications will be applicable as soon as they are published online for any purchases made after that date.
2. Online store
Through the Platform, the Seller provides the customer with an online store showcasing the products or services sold, without the photographs having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller's liability cannot be engaged in this matter.
Products and services are offered subject to their availability.
The prices and taxes are specified in the online store.
3. Price
The seller reserves the right to change its prices at any time by publishing them online.
Only the indicated rates and the applicable taxes at the time of the order will apply, subject to availability on that date.
The prices are indicated in euros and do not include any potential administrative fees, which are specified and charged additionally before the order is confirmed by the Client.
The total amount of the order (including all taxes) and, if applicable, administrative fees is indicated before the final validation of the purchase order.
4. Online order
The customer has the option to fill out an online order form using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
In order for their order to be validated, the customer must accept these terms and conditions by clicking in the indicated place.
The customer must provide an email address and their billing information. All communication with the Seller may occur using this email address.
Furthermore, the Client must choose the delivery location and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address, or any other issue with the customer's account, until the problem is resolved.
5. Confirmation and payment of the order
The seller remains the owner of the ordered items until full payment of the order is received.
a. Payment
The customer makes the payment at the time of final order confirmation using the chosen payment method. This confirmation serves as a signature.
The client guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose serves as proof of his consent to the sale as well as to the enforceability of the amounts due under the order.
The seller has implemented a procedure for verifying orders and payment methods designed to reasonably protect him against any fraudulent use of a payment method, including by requesting identification data from the Customer.
In the event of a refusal of payment authorization by credit card from accredited organizations or in the case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a Client who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
b. Confirmation
Upon receipt of the purchase validation along with the payment, the seller will send it to the customer, along with an invoice.
In case of unavailability of a product, the Seller will keep the Customer informed by email of the best timeframe in which the product will be available.
In the event of the product's permanent unavailability, the Seller will keep the Customer informed by email in order to replace it or cancel the order for this product and possibly refund the corresponding price, while the rest of the order remains firm and final.
6. Proof
The communications, orders, and payments made between the Client and the Seller can be proven through computerized records, stored in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium, considered, in particular, as a means of proof.
7. Reception
The reception can only be carried out after the payment has been confirmed by the Seller's banking institution.
The products can be received at the address of the sales point (also called the pickup point) chosen by the Customer at the time of the order. Additional charges resulting from incomplete or incorrect information provided by the customer will be billed to them.
a. Order verification
Upon receipt of the products, the Client or the recipient checks the good condition of the product.
In the event that one or more of the ordered products are missing or damaged, the Client or the recipient must make the necessary reservations at their point of sale at the time of product receipt.
Any reservation not made in accordance with the rules defined above and within the specified time frame will not be taken into account and will release the Seller from any liability towards the Client.
b. Returns and exchanges
The product to be exchanged or refunded must be returned to the pickup point in its entirety and in its original packaging, according to the following terms:
Product returned in person within 7 days from the date of receipt at the address of the pickup point where you received the product.
Any complaint and any return not made in accordance with the rules defined above and within the specified deadlines will not be taken into account and will release the Seller from any liability towards the Client.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. Return shipping costs are the responsibility of the customer.
8. Guarantees
The seller is responsible for the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
a. Guarantee of conformity
If the customer is a consumer, they have a period of two years from the delivery of the product to invoke the local conformity warranty.
The lack of conformity must be reported to the seller as soon as possible and, in any case, no later than two months after its discovery.
9. Right of withdrawal
If the Client is a consumer, they may exercise their legal right of withdrawal within 14 working days following the receipt of the goods.
After communicating his decision to withdraw, the customer has 14 days to return or restore the goods.
Any withdrawal not made in accordance with the rules and deadlines defined by this article will not be taken into account and will release the Seller from any liability towards the Client.
The Client may request a refund for the returned product, without penalty, except for the return shipping costs which remain at their expense.
The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, particularly with complete, intact packaging and in a saleable condition.
The Seller must reimburse the Customer for the total amount paid, including administrative fees, within 14 days of the recovery of the goods.
10. Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond their control, this is then considered force majeure.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the entire duration of the force majeure. The Seller promptly informs the Client.
If the force majeure persists for more than 90 days without interruption, each party to the contract shall have the right to unilaterally terminate the contract by sending a registered letter to the other party. The services already performed by the Seller will nevertheless be billed to the Client in proportion.
11. Independence of the clauses
The illegality or total or partial nullity of a provision of these General Terms and Conditions (GTC) shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or null provision with another valid provision of similar scope.
12. Applicable law and competent jurisdiction
The present General Terms and Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where the Seller's registered office is located.