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E-GamingPro is a site reserved for professionals, offering goods and services intended exclusively for professionals from the leisure world in general and gaming in particular.
For legal and regulatory reasons, any order placed by a “non-professional” shall be considered as an ordinary order which E-GamingPro shall have the right to refuse without giving any further grounds.
1. ACCEPTANCE OF GENERAL CONDITIONS
When you log onto the E-GamingPro site, you will be given an opportunity to consult these general conditions of sale.
Before placing an order, you will be asked to confirm that you have read and accepted said general conditions.
This means that the act of placing an order irrevocably implies that the purchaser accepts these general conditions entirely and unconditionally and that the latter irrevocably waives all the general conditions of sale which he or she habitually imposes on his or her other suppliers.
2. SUBSCRIPTION
On the E-GamingPro site, we offer a system of annual subscriptions which entitles subscribers to specific and privileged benefits and types of access.
Our subscription system enables you to enjoy the following benefits on the E-GamingPro site :
- Lectures & Seminars :- Unlimited access to our «On-line Lectures»
- Unlimited access to our «On-line Chats»
- 20% off selected items in our «Catalog»
- 25% off selected items listed under «New Products»
- 5% discounts in the «Customized» section
- International Bookstore :- 5% off selected works in the «Catalog», «Book of the Month» and «Special Offers» sections
- 20% off selected works listed under «Our Publications»
- Facts & Figures :- 20% off selected items in our «Catalog»
- Studies & Surveys :- 5% off selected items in the «Catalog», «Our Selection» and «Customized» sections
- 15% off selected items listed under «Special Offers»
- Simulations :- 10% off selected items in our «Catalog»
- 20% off selected items in the «New Products» and «Special Offers» sections
- International News & Analysis :- Unlimited access to the «World Press» section
- 10% off articles for which there is a charge in «E-GamingPro Mag’»
The annual subscription, currently available at the unbeatable price of €490 (euros) (US$ 430), also entitles you to any new, additional offers that are introduced during the year.
To take out a subscription, simply fill in the form below and follow the instructions. As soon as your payment has been validated, we will send you your username and password, which will enable you to access the subscribers-only sections of our site and take advantage of all the special discounts.
3. OFFER, ORDER, ACCEPTANCE
3.1 Validity of our offers
The prices and conditions for our offers of goods and services listed in the catalog will remain valid from January 1st 2002 to July 1st 2002.
Nevertheless, these prices are not firm and absolute and may be subject to variations due to fluctuations in prices set by our suppliers and carriers, which are beyond our control.
Whenever this occurs, we will ensure that our catalog is updated as swiftly as possible.
3.2 Order, acceptance
The customer can find details of the product or service he or she wishes to order by consulting the relevant product data sheet, accessible via the catalog.
If the customer then decides to go ahead with the purchase, this item is automatically added to the shopping list.
If he or she wishes to submit this order, the order form is displayed on screen. The customer must then fill in all the necessary information and confirm full and complete acceptance of the general conditions of sale.
If the order includes a product that can be downloaded, the customer will also be sent a CD-ROM by ordinary mail containing all the encrypted files that have been ordered.
The customer then chooses the means of retrieving the selected purchases, as well as the method of dispatch (rapid or normal delivery) if one or more of the items is to be sent by mail.
The definitive order form, showing VAT and the cost of shipment, will then be displayed on the screen, to be validated by the customer.
Once it has been validated, the order is firm and absolute, so any alteration must be made prior to validation.
No alteration shall be accepted after validation, as the order forms a contract between the parties.
4. PAYMENT OF ORDERS
Generally speaking, payment of the order is due on validation of the order. We only accept on-line payments by credit card (Carte Bleue, MasterCard, Visa).
We offer a secure credit card transaction based on the SSL method (Secure Socket Layer) developed by CyberMut - the most widely-used and effective security standard available on the Internet today.
The customer enters the number and expiry date of his or her credit card on a form supplied by the bank’s server which automatically encrypts this information before it is transmitted and processed.
The bank’s server displays the results of the payment to the customer, who is thereby informed of its successful outcome.
Any credit cards that are not issued in France must be affiliated to one of the major international credit institutions.
You can also pay by fax, if you send us your credit card number and expiry date, together with a copy of your order, at this number : +33 (0)1.53.57.37.37.
At any stage in the transaction process, you can check the security certificate :- Your Internet browser tells you whenever the line you are using is secure
- To prove this, a golden padlock or a blue key appears at the top and bottom of the navigation window
- Click on the padlock/key to view the certificate of CyberMut’s remote payment module, together with details of the company headquarters and the authority which checked the information
- The absence of the golden padlock or blue key means that you are not on a secure link
5. ORDER CONFIRMATION
E-GamingPro automatically sends the purchaser an order confirmation e-mail.
This electronic mail will contain elements of information described under “DELIVERY”, according to the types of goods and services that have been ordered.
6. CATALOG
The catalog contains the full list of all the goods and services available on the E-GamingPro site.
The product data sheets accessible via the catalog contain written descriptions of the items, as well as visual presentations.
Because products change so rapidly, the photos and graphics in the catalog are included only as a guide and are not contractually binding.
Products are subject to variations attributable to our suppliers and for which E-GamingPro cannot be held responsible.
The catalog is updated as swiftly as possible, as soon as we receive the relevant information from our suppliers.
The goods and services featured in the catalog comply with standards and legislation currently in force in France.
The customer alone carries full responsibility for checking that these goods and services can be imported into or used in the country of destination.
All items presented on line are subject to availability.
Should any item be out of stock, we will inform you by e-mail as quickly as possible.
E-GamingPro reserves the right not to accept an order should its specific characteristics (e.g. large quantity, distant destination, items not in stock) render its performance uncertain.
In this event, E-GamingPro cannot in any way be held responsible.
7. DELIVERY
The cost of delivery shall be borne by the customer and is automatically included in the initial invoice, taking into account the delivery address.
However, should unforeseen costs of shipment, consignment, customs, etc., prevent delivery by post as planned, the customer shall be given the choice either to maintain his or her order and settle any additional costs by on-line payment, in the same conditions as the initial payment of the goods or services, or to cancel the order, in which case the sums paid by the customer shall be reimbursed, with the exception of carriage expenses.
E-GamingPro reserves the right to refuse to deliver items to certain countries for reason of warfare, pillage, riots, natural cataclysms or other exceptional circumstances making it difficult to ensure delivery.
Risk shall pass to the purchaser when the goods are dispatched and, in the case of files to be downloaded, when the latter are transmitted.
E-GamingPro cannot therefore accept liability for any destruction or damage occurring after dispatch.
The customer must report any reservations in the event of deterioration of the product on receipt of the latter.
These reservations must be reported within 72 hours and set out in an e-mail to E-GamingPro .
The customer is responsible for the names and addresses he or she supplies when placing an order.
Should the address supplied be insufficient or should the customer fail to notify E-GamingPro of his or her absence from the address supplied during the likely delivery period, the cost of return and reshipment shall be entirely borne by said customer.
The electronic files are delivered by transmission at the customer’s request and/or by the dispatch of a CD-ROM containing the files that have been ordered. All other goods are delivered by mail.
If the customer has ordered one or more electronic files, the confirmation advice is accompanied by the decryption key for the relevant file(s). Instructions for downloading and viewing the files are also supplied.
In the event of problems relating to the installation of these files, the customer must inform E-GamingPro by e-mail within 72 hours of their receipt.
Unless we hear from you within three (3) days of the order being received or downloaded, delivery shall be deemed irrevocably up to standard.
8. OWNERSHIP AND CONDITIONS OF USE
The transfer of ownership of the goods sold takes place when the customer pays the entire price.
As far as files are concerned, once payment has been made, customers have a restricted right of use for all products featured on the E-GamingPro site :- The files remain the property of E-GamingPro and are protected by intellectual property rights. The customer has no right of reproduction or copying and is subject to legislation on intellectual property and copyright currently in force, as mentioned in the French Intellectual Property Code.
- All texts, commentaries, publications, illustrations and images reproduced on the E-GamingPro site are reserved as copyright and intellectual property for the whole world.
- “Lecture products” can only be used within the framework of unpaid public presentations. The presenter must be the person who has purchased the lecture and the people attending the presentation must belong to the same company as the presenter and must not number more than twenty per session.
- In the case of “Lecture products” purchased by someone belonging to a group of companies, the presenter must be the person who has purchased the lecture. The members of the audience, numbering no more than fifteen per session, must either belong to the headquarters of the group in question or occupy the post of executive in one of the group’s companies, or belong to an establishment owned 100% by the group in question.
- Any other use without E-GamingPro's prior written permission shall constitute infringement of copyright punishable by criminal prosecution and civil claims for damages in accordance with the French Intellectual Property Code. No part may be reproduced.
Consequently, the customer acknowledges that he or she cannot sell, transfer, publish, communicate, reproduce, represent, divulge, adapt, transpose or make available by any other means any part of the files to third parties except under the above-mentioned conditions.
The customer recognizes E-GamingPro's ownership of these rights and undertakes not to contest its validity.
9. WARRANTY
The products featured in the catalog enjoy the manufacturer’s warranty as described in articles 1641 sqq. of the French Civil Code.
In addition to this legal warranty, each product may benefit from a specific contractual warranty which can be exercised directly with the manufacturer and which will be mentioned on an item by item basis, in the presentation of the specific product.
Whatever the circumstances, the warranty provided is strictly limited to the replacement of the faulty product, the shipment costs being borne specifically by the customer.
These warranties are exclusive of all other guarantees, notably guarantees of result relating to the satisfaction of the customer’s specific needs.
As far as files are concerned, should a bug or recognized defect be present, which cannot be ascribed to the customer’s hardware installation or software environment, the obligation of the warranty shall be limited to the downloading of debugged files and/or the dispatch of a CD-ROM by mail, depending on the means of delivery chosen initially.
This warranty on the files can only be implemented if the customer has obeyed the instructions for downloading and use supplied on delivery.
10. LIABILITY
The products available from E-GamingPro comply with French legislation currently in force. E-GamingPro shall not be held responsible if the legislation of the country where the products are delivered is infringed. The customer alone carries full responsibility for checking with his or her respective local authorities that the goods or services he or she is planning to order can legally be imported or used.
The texts and photographs illustrating the products presented in the catalog are not legally binding. As a result, E-GamingPro cannot accept liability for a mistake or inaccuracy in any of these texts or photographs.
E-GamingPro cannot accept liability for mistakes or inaccuracies relating to documents sold on its site, in that they originate from sources beyond E-GamingPro’s control.
E-GamingPro cannot be held liable for any indirect damage such as loss of income, loss of profit, damage or additional costs incurred due to the use of its products.
Hypertext links may lead to sites other than E-GamingPro and the latter cannot accept liability should the contents of these sites contravene legislation currently in force.
11. FORCE MAJEURE
In the event of a fortuitous event or in any other circumstances where “force majeure” applies, performance of the contract shall be suspended.
The following in particular are considered as such :- a ban on the import or export of supplies, whatever their nature, including software and technology placed at the customer’s disposal, in the States where the aforesaid supplies are subject to prior authorization from the authorities of the country of origin, country of design or country of destination. The customer alone carries full responsibility for requesting or obtaining said authorization, as well as for checking product standards for entry into a territory,
- industrial disputes resulting in a general or sectorial strike,
- disturbances affecting the performance of shipping contracts,
- social or insurrectionary movements, war, temporary or definitive border closures,
- climatic or cataclysmic events,
- malfunction or paralysis of or a total or partial ban on using data transmission networks required for the operation, management and control of communication systems, notably the Internet network,
- the existence or introduction of police measures or public-order legislation banning or modifying the contents of the contract or order. The customer based in a State where such texts exist or may be introduced has a duty to inform the vendor of the existence or introduction of the latter.
If an event of this kind lasts for more than three months, each party shall be entitled unilaterally to cancel the contract whose performance has been suspended in this way, without E-GamingPro incurring any liability.
12. PROTECTION OF PERSONAL DATA
E-GamingPro undertakes to protect your personal data.
Any personal data we receive is processed in the strictest confidentiality. When you place an order, we only request the information we need to ensure the quality of our services and the handling of your order.
We neither sell, market nor hire out this information to third parties. However, we may in the future decide to do so with our suppliers and service providers or our affiliates in order to meet the direct and related requirements of the performance of sales contracts formed between E-GamingPro and its customers.
The secure payment server’s software (SSL) codes all the information you submit before it is sent across the Internet.
We follow strict security procedures as far as storing and divulging information submitted to us is concerned, in order to avoid all unauthorized access. Due to our security procedures, we may occasionally have to ask you to prove your identity before we deliver confidential information to you.
We use this personal information to develop the presentation and organization of our E-GamingPro site as effectively as possible and to inform you of major changes to our Internet site, new services on offer or any exceptional offers which may be of interest to you.
E-GamingPro may also supply consolidated statistics relating to its customers, sales, the structures of its exchanges and information on the site to trusted third parties, but these statistics will not contain any personal details.
If you wish to oppose this, simply send us an e-mail to info@e-gamingPro.com. Moreover, if you do not wish to receive our advertisements and special offers, you can send us an e-mail to that effect to the same address. Remember to send us a message from all the e-mail addresses you have given us.
In accordance with article 27 of the French data processing and freedom act of January 6th 1978, you have the right to access and rectify any data that concerns you. To exercise this right, simply access “Your account” on our site, using your e-mail address and password. If you have any other questions or requests concerning personal data protection, you can e-mail us at info@e-gamingPro.com or send us a letter to the following address :
E-GamingPro
c/o Think & Do International
41, avenue Montaigne
75008 PARIS
When you use our Internet site, you agree to the collection and use of this data by E-GamingPro . If we decide to change the terms of this undertaking, we will display details of these changes on this page so that you are kept constantly up-to-date with the status of your personal information.
When you send us your order, you consent to the transfer of this information. Your personal data may also be used by us or by our partners in order to notify you from time to time about any major changes in the workings of our Internet site, new services or special offers which may of interest to you.
13. CHOICE OF LAW – LANGUAGE OF CONTRACT
Sales or service contracts entered into in accordance with these general conditions of sales are construed in accordance with French law, both in terms of the form and substance of their conditions and the assessment of their validity and performance.
These general conditions shall only be deemed authentic in their French-language or English-language version, according to the version selected when accessing the E-GamingPro site.
14. CLAUSE DETERMINING THE COMPETENT JURISDICTION
In the event of a dispute relating to the formation, validity or performance of the contract entered into with the customer, as well as any dispute arising from these general conditions, given that both parties to the contract are professionals, the courts of PARIS shall have exclusive competence to settle any dispute arising as described above.
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