General Terms and Conditions of Sale

This English version is provided for information purposes only. In the event of any discrepancy, the French version prevails.

Article 1. Preamble

1.1 Company Information

This website https://arkada.studio/ (hereinafter referred to as "the online store") is published by SAS Arkada Studio, a simplified joint-stock company with capital of €30,000, whose registered office is located at 538 Rue aux Saulniers, 76320 Saint-Pierre-lès-Elbeuf, registered with the Trade and Companies Register (RCS) of Rouen under number 881 197 388 R.C.S Rouen, and whose Intra-Community VAT number is FR57881197388, hereinafter referred to as "Arkada Studio".

You can contact us at our email address contact@arkada.fr

1.2 Scope

These general terms and conditions of sale are entered into between Arkada Studio and any private individual wishing to purchase an item on the online store. The website is accessible to everyone; however, only persons over 18 years of age may make a purchase on the site. 

The latter is hereinafter referred to as "You".

These general terms and conditions of sale apply to the exclusion of all other terms.

The online store is reserved for private individuals; it is not intended for sales to businesses. For any commercial request as a retailer, please contact contact@arkada.fr.

Arkada Studio reserves the right to modify the general terms and conditions of sale at any time.

Article 2. Products

Products are presented on the online store in as much detail as possible. Images are provided for information purposes only and are not contractual. If in doubt, refer to the product description provided on the item page. 

Article 3. Availability

Arkada Studio offers are available as long as they are accessible on the site and no statement indicates otherwise. Products are offered while stocks last. 

As a rule, products that are unavailable for purchase cannot be ordered. 

If, however, after your order has been confirmed, Arkada Studio finds that the product you wish to obtain is no longer available, it will send you an email to inform you and will immediately refund the amounts received for that product. 

Article 4. Prices 

Unless stated otherwise, the prices shown on the Arkada Studio online store include all French taxes (French VAT and other applicable taxes), excluding shipping costs. 

When you place an order for delivery outside France, you act as the importer of the product into the country of destination. It is then your responsibility to obtain information from the relevant local authorities about the import rules and procedures specific to that country.

Outside the European Union, any additional fees and specific requirements related to the import of the product are payable by you alone, such as customs duties, specific local taxes, and similar charges. 

Article 5. Orders

Orders on the online store are placed exclusively through the site: https://arkada.studio/

No order can be placed by telephone.

5.1. Cart

To make a purchase on the online store, you must select the products you want and add them to your cart. The quantity of products to order can be changed in your cart at any time. 

5.2. Customer identification

In order to confirm your cart, you must enter your delivery address in the form provided for this purpose. This form allows you to see the shipping costs for your order.

5.3. Confirmation of your order

In order to confirm your order, you must go through the cart. 

You must also provide accurate and complete contact details, and accept the general terms and conditions of sale. 

You may, if you wish, provide different billing and delivery addresses. 

After entering and confirming your details, you will be invited to pay for your order. 

Article 6. Payment

Payments on the online store can be made by bank card, through the following secure payment interfaces: 

• Bank card

• Apple Pay

• Google Pay

The Arkada Studio online store does not accept any other payment method.

Your account is debited as soon as your order is confirmed. 

The sales contract between Arkada Studio and you is concluded only after your order has been paid in full. 

Article 7. Delivery

7.1. Delivery locations

Deliveries are generally made to the following zones: 

• France

• Europe (Zones 1, 2, 3, and 4)

• United Kingdom

• United States (including Alaska)

• Canada

• Australia and New Zealand

• Puerto Rico

• Brazil

We may also cover certain zones not listed above in the delivery process. 

However, we expressly reserve the right to refuse delivery to any country where geopolitical conditions or other circumstances beyond our control compromise the possibility of delivering our products under optimal conditions. 

In the event that such a refusal occurs after the customer has made a payment, Arkada Studio undertakes to refund the full amount paid. In addition, all transaction fees associated with this refund are covered by Arkada Studio.

7.2. Shipping times

The dispatch of purchased products depends on the customer's shipping zone after the date of the order. In Europe and North America, delivery can take up to forty days. Delivery outside these zones can take more than two months depending on the carriers.

Article 8. Obligations and Liability

8.1. Arkada Studio's obligations

Arkada Studio is required to deliver the item corresponding to the description given on the online store, as indicated on the order. 

Unless stated otherwise and brought to your attention, the product you purchase is new. 

8.2. Cases of exemption from liability

Arkada Studio is exempt from all liability when the failure to perform its contractual obligations results from: 

• Your own actions

• A case of force majeure

• The actions of a third party

8.3. Buyer's responsibility for deliveries abroad

The items offered on the online store by Arkada Studio comply with the French regulations currently in force.

It is the buyer's responsibility to obtain information from the competent authorities in their country regarding the regulations applicable to the import and use of the product they intend to purchase.

Article 9. Right of withdrawal

9.1. Time limits

You have 14 days from receipt of one or more of your items to exercise your right of withdrawal.

You must then notify Arkada Studio of your withdrawal at contact@arkada.fr and return the items concerned to it.

Once the returned items have been received, Arkada Studio initiates the refund process in your favor. 

9.2. How to return items

Items must be returned within 14 days of notification of your decision to withdraw, to the following return address: 

Arkada Studio

538, Rue aux Saulniers

76320 Saint-Pierre-lès-Elbeuf

France

The costs of returning your item are payable by you alone and are not refunded by Arkada Studio. 

The product must be returned complete, in good condition, and free of any signs of use.

9.3. Refund terms

Arkada Studio, in its original capacity as manager of customer service for the products purchased, strongly encourages purchasers to submit any claim relating to product malfunctions or defects. 

Our commitment is to provide suitable solutions as quickly as possible, in particular the replacement of defective components. 

Nevertheless, in accordance with applicable law, the consumer retains the right to request a refund if that solution does not meet their expectations or needs.

Arkada Studio issues the refund using the same payment method as the one used for the purchase, unless both parties agree otherwise beforehand.

Arkada Studio issues the refund upon return of the item.

Only the initial shipping costs are refunded, on the basis of standard delivery (corresponding to the cheapest shipping costs available on the online store).

Additional costs related to a different delivery method are not refunded by Arkada Studio. 

When the withdrawal concerns one or more items from the same order, Arkada Studio refunds the shipping costs in proportion to the number of items returned. 

Arkada Studio reserves the right to apply a reduction to the refund when:

• The returned item is not complete

• The returned item is damaged

• The item shows signs of use

Article 10. Warranty

When you invoke the legal warranty of conformity:

You have two years from delivery of the goods to take action.

You may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L.217-9 of the French Consumer Code (Code de la consommation).

You are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty.

You may decide to invoke the warranty against hidden defects of the item sold within the meaning of article 1641 of the French Civil Code (Code civil); in that case, you may choose between rescission of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.

Article 11. Personal data

The personal data you provided to us when placing your order is processed electronically for the management of your order and for our commercial relations. 

Unless proven otherwise, the data recorded through the online store by Arkada Studio constitutes proof of this transaction.

Article 12. Customer service

If your customer service request concerns the physical components of your game, you can contact our global customer service at contact@arkada.fr

If your request concerns the app, you can contact our support service at support@arkada.fr

Article 13. Applicable law and disputes

The language of this contract is French.

This contract is governed by French law. In the event of a dispute, only the French courts have jurisdiction.

Appendices: Articles taken from the French Consumer Code and the French Civil Code

Unofficial translation. The French text of these articles alone is authoritative.

Article L217-4 of the French Consumer Code

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation where the latter was made the seller's responsibility by the contract or was carried out under the seller's responsibility.

Article L217-5 of the French Consumer Code

The goods conform to the contract:

1° If they are fit for the use normally expected of similar goods and, where applicable:

– if they match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

– if they possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer, or by its representative, in particular in advertising or labeling;

2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller, and accepted by the latter.

Article L217-9 of the French Consumer Code

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may decline to proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, according to the option not chosen by the buyer.

Article L217-12

Any action resulting from a lack of conformity is time-barred two years after delivery of the goods.

Article 1641 of the French Civil Code

The seller is bound by a warranty on account of hidden defects of the item sold that make it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had the buyer known of them.

Article 1644 of the French Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.