General Sales Conditions
The company FRIDGE GAMES, a limited liability company, registered in the Tours Trade and Companies in France under number 804 547 032, whose registered office is located at 16 rue du Marquis de Racan 37540 Saint Cyr sur Loire wishes to develop a video game called " NAÏCA ". In order to have funding to develop the game, FRIDGE GAMES offers internet users to make a cash donation on its website accessible at www.naicaonline.com (hereinafter « the Site »).
The fact of making a donation on the Site does not give right to any tax deduction, nor reduction of tax, which the user recognizes and accepts.
The fact for a user to make a donation implies the irrevocable acceptance of these terms and conditions, which the user acknowledges having read before making a donation. FRIDGE GAMES reserves the right to modify, at any time and at its sole discretion, these terms and conditions. The general conditions in force are those that are present on the Site at the moment when the user makes a donation.
By accepting these terms and conditions, the user guarantees to have more than eighteen (18) years old and have the full legal capacity to make a donation on the Site.
FRIDGE GAMES provides a copy of these terms and conditions on durable support downloadable on the Site, which the user accepts. The user also agrees to receive all information concerning the donation he has made and more generally the execution of these terms and conditions by e-mail. The user acknowledges that acceptance of these terms and conditions is done online on the Site and does not require a handwritten signature.
The purpose of these terms and conditions is to define the terms and conditions under which the user may make a donation on the Site.
2. Donations to fund the development of the NAÏCA video game
Web users can make a cash donation on the Site to enable FRIDGE GAMES to develop a video game called NAÏCA. All donations will be used to develop the video game NAÏCA.
NAÏCA will be a video game type MMORPG. NAÏCA will be playable on several different platforms: PC, Android, Mac and iOS.
The user may make a cash donation from one (1) euro or a step donation of different amounts, as indicated on the Site.
Depending on the amount of the donation, Internet users will be entitled to a reward, such as an exclusive title in the video game, a priority for the closed Alpha, etc, which will be indicated to the user before the latter makes the donation. The rewards will be digital only; no physical reward will be awarded. In addition, no money will be awarded as a reward.
The user can make several donations. Donations are cumulative. If a user reaches a level thanks to his donations, he will unlock a digital reward.
3. Steps to make a donation
To make a donation, the user must first create an account on the Site, with his email address and a password, and his name, first name and address, so that FRIDGE GAMES can send him an invoice.
The user must then click on the "Donation" tab, choose the amount of the donation he wishes to make, and then pay for the donation.
The user can make a donation in euros, by paying by credit card Visa and MasterCard.
The user guarantees to FRIDGE GAMES the veracity of the information communicated, especially when creating his account, and undertakes to update the data concerning him, so that they are always true.
The user is informed that he keeps all costs of telecommunication allowing him to access the Internet.
The user is informed that he has the opportunity to change his choice before validating the donation definitively.
Once the donation is made, the user can not claim any refund, except exercise of his right of withdrawal.
To access his account, the user will be assigned a login and password that he undertakes to protect and keep secret. The user undertakes not to communicate his username and password to anyone. The user is informed that any transaction made using his username and password will be deemed to have been made by him
Confirmation of donation
The user will receive an email confirmation of the donation, and the associated reward if there is one.
Confirmation of the donation will be sent to the e-mail address provided by the user while creating his account.
4. Right of withdrawal
The user who has made a donation has a withdrawal right of fourteen (14) days from the date of donation. After the expiry of the fourteen-day period, the user may no longer exercise his right of withdrawal.
The user may exercise his right of withdrawal:
- by using the withdrawal form inserted at the end of these terms and conditions
- or by sending a letter to this effect to FRIDGE GAMES - right of withdrawal - 16 rue du Marquis Racan 37540 Saint Cyr sur Loire, before the expiry of the aforementioned period. The withdrawal letter must clearly indicate that the user wishes to retract the donation he has made, and specify the surname, first name, address of the user.
FRIDGE GAMES will refund the user the amount of the donation made, no later than fourteen days from the date on which it is informed of the decision of the user to retract.
5. Intellectual property
The Site and its content, including brands, logos, images, drawings, models, texts, photographs, graphic charts, databases, software, sounds, music, video game, the scenario are the exclusive, full and entire property of FRIDGE GAMES. Any reproduction, representation, distribution, exploitation, modification, translation, marketing, use of any of the elements present on the Site, or all or part of the Site, or video game is strictly prohibited.
The name "NAICA" is a protected name, property of FRIDGE GAMES. The user is prohibited from registering a similar or identical name as a trademark.
The user is prohibited from any act of counterfeiting, unfair competition or parasitism toward FRIDGE GAMES.
The fact of making a donation on the Site does not grant any right to the user, except the right to receive eventually a numerical reward according to the amount of the donation, which will be specified at the moment when the user will make a donation.
6. Personal data
FRIDGE GAMES proceeds to the collection and processing of your personal data, as controller. The data is collected and processed in order to allow FRIDGE GAMES to make online payment of the donation on the Site, to send you the rewards, for commercial management purposes, to comply with its legal obligations and exercise its rights. The data collected are those collected on the Site via the data collection form. The recipient of the data is FRIDGE GAMES. The data required for online payment will be sent to the payment provider. Your data will be stored for a period of three (3) years from the donation, or for a longer period to comply with all legal obligations of FRIDGE GAMES and allow him to exercise his rights. You have the right to ask FRIDGE GAMES to access your personal data, the rectification or erasure thereof, or a limitation of treatment, the right to oppose the treatment and the right to portability of your data by sending a registered letter with acknowledgment of receipt to the following address: FRIDGE GAMES - Personal data service - 16 rue du Marquis Racan 37540 Saint Cyr sur Loire. You have the right to make a claim to the French Commission Nationale Informatique et Libertés, 3 Place Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22. You have the right to set guidelines for the fate of personal data after your death. FRIDGE GAMES implements the appropriate technical and organizational measures to ensure an adequate level of security of the data collected.
FRIDGE GAMES reserves the right to send to the user a newsletter or offers related to the video game offered on the Site, by electronic means, sent to the address provided by the user on the Site. If the user no longer wishes to receive newsletter or offers, he can at any time oppose by clicking on an electronic link provided for this purpose in the email of sending the newsletter or offer.
7. Hypertext link
The insertion of a hypertext link to the Site requires the prior written consent of FRIDGE GAMES. In any case, the link should point only to the homepage of the Site.
8. Force majeure
The obligations of FRIDGE GAMES will be suspended in case of force majeure, without the user can engage the liability of FRIDGE GAMES.
Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the Jurisprudence of the French courts : total or partial strikes, internal or external to a company, in particular postal services, road transport , maritime, air, any malfunction of postal services, road transport, maritime or air, lock-out, bad weather, epidemics, earthquake, fire, storm, flood, water damage, blocking of the means of telecommunications, blockage of the Internet, governmental or legal restrictions, legal or regulatory modifications of the forms of marketing, and any other case beyond the express will of the parties preventing the normal execution of this contract.
9. Limits of internet
The user acknowledges having knowledge of the characteristics and limits of the Internet, the possible presence of viruses, and the possible diversion of data from the user due to acts of piracy, of which FRIDGE GAMES can not be held liable. It is the same in case of difficulties of access to the Site or dysfunctions of the Site, particularly related to acts of piracy. FRIDGE GAMES reserves the right to carry out maintenance operations on the Site. The user acknowledges and accepts that he will no longer be able to access the Site during the maintenance operation.
10. Convention of proof
The user acknowledges and accepts that the information contained in the computer systems of FRIDGE GAMES and its partners have the same probative force as paper documents, as regards the donation made by the user and the acceptance of these terms and conditions. The archiving of documents is carried out on a reliable and durable support that can be produced as evidence.
11. Independence of the provisions of the general conditions
If any provision of these terms and conditions should be declared void or inapplicable due to a court decision or the application of a law or regulation, the remaining provisions of these terms and conditions remain fully in force.
12. Independence of the Parties
The Parties are independent of each other and no Party may act or present itself as an agent, partner, partner or representative of the other Party.
13. No waiver
The non-application or delay in the application of any of the provisions of the Contract by a Party shall not be interpreted or understood as a waiver by that Party of the application of the relevant provision.
14. Entire agreement
These terms and conditions constitute the entire agreement between the parties, and prevail over any other document or contract whatsoever, or any agreement between the parties not foreseen in these general conditions.
15. Governing Law
These general conditions are governed exclusively by French law.
Please complete and return this form only if you wish to withdraw your donation, within fourteen (14) days from the date of donation, to the attention of FRIDGE GAMES - right of withdrawal - 16 rue du Marquis Racan 37540 Saint Cyr sur Loire
We hereby notify you of the withdrawal of our donation:
Amount and date of the donation:
Name of the user:
Address of the user:
Signature of the user: