Terms of sale
ARTICLE 1: Introduction
The general terms and conditions of sale detailed below (hereinafter referred to as the ‘General Terms and Conditions’) govern the contractual relationship between any user of the website www.histwar.fr (hereinafter referred to as a ‘User’ or ‘You’) and the Limited Liability Company COM' AND PLAY , with capital of €15,000, whose registered office is located at 11 Chemin d'en Bonis 11320 Montferrand in France (hereinafter referred to as ‘COM’ AND PLAY") and registered with the Trade and Companies Register of TOULOUSE under number 495 079 287.
These general terms and conditions of sale are the only ones applicable and replace all other conditions, except in the case of a prior, express and written exemption. COM' AND PLAY may occasionally modify some of the provisions of its general terms and conditions, so it is necessary that they be reread before each visit to the site www.histwar.fr (hereinafter referred to as the “Site”).
These modifications are enforceable from the time they are posted online and cannot be applied to contracts concluded previously. Each purchase on the Site is governed by the general terms and conditions applicable on the date of the order. We consider that by validating your order, you unreservedly accept our general terms and conditions of sale after having read them.
By accessing the Site, you agree to abide by the General Terms and Conditions as well as the Terms of Use appearing therein.
ARTICLE 2: Prices
The sales prices indicated on the Website are in euros and include all taxes, unless otherwise stated. In the case of a box order, the User is informed of any delivery charges as they make their product choices, and these are invoiced to them at the end of the order in addition to the price of the selected products.
We reserve the right to modify our prices at any time but we undertake to apply the current rates indicated on the Website at the time of your order.
ARTICLE 3: Order
Orders are placed exclusively on the Internet through affiliated sites or shopping centres managed by COM' AND PLAY. Access to the service is provided on a permanent basis, subject to maintenance and servicing periods, server update operations and any exceptional interruptions.
The customer chooses how to purchase their product on the Site. Once they have made their selection, a new window appears, specifying the different payment methods and the reference code to obtain the product.
COM' AND PLAY offers two purchase options for the products sold on its site:
- Download
- Physical product delivery in the form of boxes
In both cases, you will receive a confirmation email once your payment has been approved. Payment approval times vary depending on the payment method. Under no circumstances can COM' AND PLAY be held responsible for the approval time of your payment.
In the case of a software order by download, you can access your product by clicking on the download link either directly on the payment accepted return page or later on the confirmation email.
Non-registered shipments (economy shipping) are not guaranteed.
Upon receipt of your payment, the invoice associated with your order is available in your account.
The contractual information is presented in French and will be confirmed in the same language. COM' AND PLAY reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment for a previous order.
ARTICLE 4: Validation
You declare that you have read and accepted these general terms and conditions of sale before placing your order. The validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.
Unless proven otherwise, the data recorded by COM‘ AND PLAY constitutes proof of all transactions made by COM’ AND PLAY and its customers.
ARTICLE 5: Availability
Our product offers and prices are valid as long as they are visible on the site, while stocks last. The estimated data transmission times for downloading a product are given for information purposes only, and any delays do not entitle the buyer to cancel the sale, refuse the goods or claim damages. Any complaint for non-conformity or missing product upon delivery, whether by download or by post, must be sent within one week of receipt of the product.
Please note that we will fulfil your order within the limits of our available stock.
In the event that a product is unavailable after you have placed your order, we will inform you by email or post as soon as we receive the information from the suppliers. As this information comes directly from our suppliers, errors or modifications may exceptionally occur.
ARTICLE 6: Tax-free
Any product delivered electronically or physically to a private individual from a member country of the European Union to another member country of the European Union will automatically be subject to VAT in the issuing country, in this case France.
ARTICLE 7: Secure payment
COM' AND PLAY offers you 2 methods of payment: by credit card (CB, Visa, Eurocard, Mastercard) or by bank transfer.
For payment by credit card, the debit is made on the day of purchase provided that you have obtained prior authorisation to debit your account from the relevant payment centres, otherwise your order cannot be processed.
Our partners currently offer all the functions necessary for the management of a secure payment acquisition service on the Internet. The integrity of the data exchanged is ensured by the exchange procedure and the sealing of messages through the use of SSL technologies.
Their use does not require the prior loading of specific software on your disc.
ARTICLE 8: Right of withdrawal
COM' AND PLAY allows you 7 clear days in which to return a product that does not meet your satisfaction. You may return the product within this period, at your own expense, accompanied by your invoice and the duly completed and signed return slip.
For software distributed electronically, the return will be made in exchange for a letter of honour signed by the purchaser guaranteeing the destruction of the downloaded programme and installed on his hard drive. Under no circumstances may a product be returned without prior agreement.
For boxed software, we recommend that you return the goods to us by registered post or recorded delivery and that you take out insurance with the carrier for the market value of the products. This is necessary in case of theft or loss of these goods by their services. In all cases, returns are at the expense and risk of the consumer.
Only products in new and complete condition returned in their original packaging and addressed to:
11 Chemin d'en Bonis 11320 Montferrand, France
This right of withdrawal is exercised without penalty, with the exception of shipping costs.
ARTICLE 9: Liability
This contract is subject to French law. COM‘ AND PLAY cannot be held responsible for the non-execution of the contract concluded, on the one hand in the event of force majeure, in particular disruption or total or partial strike, notably of the postal services and means of transport or communications, on the other hand in the event of fault by the customer. COM’ AND PLAY cannot be held responsible for the consequences resulting from the misuse of the products sold on the Site.
ARTICLE 10: Applicable law - Disputes
This contract is subject to French law. The language of this contract is French. In the event of a dispute with professionals and/or traders, the courts of Toulouse (France) shall have jurisdiction. In the event of a dispute, the French courts shall have sole jurisdiction.
ARTICLE 11: Protection of personal data
The information you provide is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts, and failure to provide it will result in the cancellation of your order. By registering on the Site, you agree to provide us with true and accurate information about yourself. The communication of false information is contrary to these general terms and conditions as well as to the terms of use appearing on the Site.
In accordance with the French Data Protection Act, the processing of your information has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). COM' AND PLAY is authorised to collect, process and use your personal information. This data is subject to computer processing.
You have a permanent right to access and rectify all data concerning you, in accordance with European texts and national laws in force (article 34 of the law of 6 January 1978). You can modify this data at any time and on request by sending us a letter to the following address:
COM' AND PLAY, Customer Service
11 Chemin d'en Bonis 11320 Montferrand, France
COM‘ AND PLAY is the sole holder of information concerning you. If you have agreed to this when identifying yourself on the Site, COM’ AND PLAY and its contractual partners may send you information as part of specific, occasional promotional operations. These partners are specially chosen by COM' AND PLAY and are recognised for the quality of their products and services.
Our site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to signal your visit to our site. Cookies are therefore only used by COM' AND PLAY with the aim of improving the personalised service intended for you.
ARTICLE 12: Rights of use
The software is protected by international copyright and intellectual property laws and treaties. The sale of the software does not, under any circumstances, entail the transfer of the rights of reproduction, representation, exploitation and, more generally, any recognised or to be recognised incorporeal rights that have contributed to the creation of the software. The purchaser is therefore only authorised to install and use a single copy of the downloaded programme on a single computer. However, it is generally accepted that the main user may make a second copy for backup or archiving purposes.