GENERAL TERMS AND CONDITIONS FOR SUBSCRIPTION
1. IDENTITY OF THE VENDOR. LDLC EVENT (hereinafter referred to as “Our Company”), publisher of the www.D4gamers.com website (the Website), is an SAS company with a capital of €30,304, and headquarters located at 2 Rue des Érables, 69760 Limonest (phone no. +33 (0) 472 523 777), registered on the Trade Registry of Lyon under number B 820 257 103 (VAT FR49820257103).
2. PURPOSE. The purpose of these terms and conditions for subscription is the customer’s personal subscription to a paid service offered by LDLC EVENT to visualise statistics (hereinafter referred to as the “Service”), the essential characteristics of which are available at the following address: www.D4gamers.com.
3. APPLICATION OF THE CONDITIONS. These terms and conditions for subscription can be applied to all subscriptions concluded on the Website with customers who have the capacity to conclude the present contract. You shall accept that the information requested to conclude the contract or that which is provided while it is carried out shall be transmitted by e-mail. LDLC EVENT draws your attention specifically to the availability of this document and to the fact that it is important to download it for the purposes of documentation, future reference and identical reproduction.
4. MODIFICATIONS OF THE CONDITIONS. The terms and conditions for subscription may be modified by Our Company at any time and without prior notice, with the modifications being applicable to all subsequent orders. The applicable terms and conditions for subscription are those applicable at the time of ordering and shall be sent by e-mail alongside the invoice.
5. ORDERS. The essential characteristics of the service offered are outlined at the following website: www.D4gamers.com. Our Company may update or improve the service offered at any time. No minimum level of service quality is offered. Any order that is anomalous or in bad faith, any fraud or instances of attempted fraud and any error in paying the price of an order can lead to the deletion and/or deactivation of the relevant customer’s account and/or the order being refused.
6. STEPS TO CONCLUDING THE CONTRACT. When ordering online for the first time, all new customers have to create a “Customer Account”; a login and a password will be requested. During each confirmation stage of the order, you will be directed to your account via a secure connection that remembers the content of your order. Your order can be amended at any time before the final confirmation. The order is definitively accepted only after providing the various items of information and the final confirmation. Orders made on our website shall be cancelled automatically in the event that payment is not received. French is the sole language in which the contract can be concluded. Our Company shall archive the purchase orders and invoices on its servers (a copy may be issued on request in exchange for payment of the copy costs). The contract shall be concluded and valid using the “double-click” process (option to verify your order details and the total price, and to correct any errors before confirming it to indicate your acceptance). Receipt of your order shall be confirmed with an e-mail that is generated automatically by our website and sent to the e-mail address given when creating the customer account. Our Company shall provide to the customer, under the same conditions and before expiry of the withdrawal period, a confirmation of their express agreement to the provision of digital content that is not presented in a physical format and their renunciation of the right of withdrawal.
7. PRICE. The price for subscription is that which is given on the Website at the time of purchasing the subscription and making the order. The prices are given in euros and include all taxes. The price is paid upfront.
8. PAYMENT. All payments made to Our Company will be considered as deposits. The accepted payment methods are given on the page “Modes de règlement” (“Payment methods”) on the website. In the event of a complaint, you may not retain the entirety or part of the sums due or receive compensation under any circumstances. In the event of a delay in the full or partial payment by the end of its term, Our Company may immediately suspend the subscription for this sole reason and without needing to provide formal notice.
9. DURATION. The subscription shall be concluded for one (1) month, which can be renewed automatically for one (1) month. Access to the Service shall be made available to the customer from when LDLC EVENT receives payment; in the event that LDLC EVENT fails in its obligation to provide a service, the customer may exercise the provisions in article L.224-25-11 of the Consumer Code (Code de la consommation). The customer may terminate the contract at any point via their account. The termination shall be effective from the next month. The duration of the advance notice for termination cannot exceed ten days from receipt of the termination request by the professional. However, the customer may request that this termination take effect more than ten days after receipt of their termination request by the professional.
10. CONTACT. If you have any questions, please contact us by going to our website and the “Contact” page at https://www.d4gamers.com/contact/, or by writing to us at LDLC EVENT, 2 rue des Érables – 69760 Limonest.
11. LEGAL GUARANTEES. Our Company implements conditions to guarantee conformity for digital content and digital services pursuant to articles L.224-25-12 et seq. of the Consumer Code.
12. UPDATES. Updates are carried out pursuant to articles L.217-18 et seq. of the Consumer Code.
13. LACK OF RIGHT OF WITHDRAWAL. Confirmation of the order of Services by the customer shall result in accepting the immediate start of subscription and express renunciation of the right of withdrawal. The order may not give rise to reimbursement. It should be noted that, pursuant to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
That supply services that have been carried out in full before the end of the withdrawal period and the execution of which started after an express prior agreement with the customer and express renunciation of their right of withdrawal and;
That supply digital services that are not provided on a physical format, the execution of which started after an express prior agreement with the customer and express renunciation of their right of withdrawal.
The customer shall give their express agreement to the carrying out of Services on receipt of payment by Our Company; the customer shall expressly renounce their right of withdrawal before expiration of the withdrawal period.
14. MEDIATION. Pursuant to the provisions of the Consumer Code concerning the amicable settlement of disputes, Our Company is a member of the Mediation Service provided by the SAS company CNPM Médiation Consommation. Following prior written agreement between customers and Our Company, the Mediation Service may be used for all customer-related disputes for which a settlement has not been reached. To learn more about the means of referral to the mediator, go to: https://cnpm-mediation-consommation.eu or contact the company by post at CNPM – MEDIATION – CONSOMMATION, 27 avenue de la Libération, 42400 Saint-Chamond. The customer shall also be made aware of the online platform operated by the European Commission that aims to collect potential complaints about online purchases made by European consumers and to then send the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr.
15. FRENCH DATA PROTECTION LAW Our Company collects information about you when creating your Customer Account. This information allows us to, in particular, carry out tasks related to client management, market research, production of commercial statistics, managing requests for right of access, rectification and objection, management of outstanding debts and disputes, management of promotional operations and management of notifications. This data may be used by LDLC EVENT to send information and promotional offers, from which you can unsubscribe at any time by unticking the option on the “Mon Compte / Gérer mes abonnements Newsletter” (“My Account/Manage my newsletter subscriptions”). The legal foundation for this data processing is the carrying out of these terms and conditions of subscription. The market research tasks related to comparable goods and products are based on the legitimate interest of Our Company. The other market research tasks are based on your consent. The recipients of your data are the departments in Our Company, our subcontractors and the authorities and auxiliaries of the justice systems that are legally authorised to receive communication. Your data will be kept for only the time needed to carry out the aforementioned purposes and pursuant to the storage rules that are legally applicable in commercial matters. Pursuant to the provisions of the French Data Protection Act of 6 January 1978 (modified) and the European General Data Protection Regulation, you shall have the right of access, rectification, portability and erasure of your personal data. You can also request a limitation on the processing of your personal data. To learn more or to exercise your rights, contact firstname.lastname@example.org or GROUPE LDLC, DPO, 2 rue des Érables CS21035 – 69578 Limonest. Cedex. Your request must indicate your surname(s), first name(s) and customer number. You may also object to the processing of your data on the basis of legitimate grounds and exercise the right to withdraw your consent at any time when the processing of personal data used is based on these grounds. The customer shall be made aware that they have the option to be included on the Bloctel list of those who do not want to be contacted by cold callers. Lastly, you shall have the option to file a complaint with the competent supervisory authority with regard to protecting your personal data.
16. SECURITY. In the event of a security incident, threat or situation of vulnerability, Our Company may suspend, interrupt or stop the Service in full.
17. FINAL STIPULATIONS. Our Company shall archive the purchase orders and invoices on a reliable and lasting format that is a faithful copy in compliance with the provisions of article 1348 of the Civil Code (Code civil). The computerised registers belonging to Our Company shall be considered by the parties as proof of communications, orders, payments and transactions made between the parties, unless there is evidence to the contrary. French law shall be applicable, without dismissing the application of imperative legislative rights accorded to consumers or an imperative law that provides greater protection by a foreign judge, exercised by a consumer in the corresponding country. If one of the clauses or provisions in these terms and conditions of subscription is terminated or declared illegal by a definitive court ruling, this invalidity or illegality shall not in any way affect the other clauses and provisions, which shall continue to apply.