General terms
1. OBJECT
ATARI Europe offers a Service providing PC video games by downloading (hereafter referred to as the "Service"). To benefit from the Service, the User chooses a video game from the catalogue, pays the price, downloads it, installs it on his computer and may retain it without limit of time.
The Service consists of the delivery of video games in the form of computer files: no physical medium, whether Dvd-rom or Cd-rom shall be supplied.
These Special Conditions of Sale shall govern the relations between ATARI and a User wishing to subscribe to this Service from the Site.
These Special Conditions of Sale shall apply, without restriction or reservation, to all downloads effected by the User on the Site, in supplementing the General Conditions of Use.
Consequently, the fact that the User downloads a game offered for sale on the Site shall entail acceptance without reservation of these Special Conditions of Sale, which the User acknowledges having been informed of prior to his order and which is added to the General Conditions of Use to form the Contract between ATARI and the User.
By placing his order, the User declares that:
- the purchase of products on the Site is unrelated to any professional activity and is limited to strictly personal use;
- he has full legal capacity, enabling him to commit himself under these Special Conditions of Sale.
ATARI reserves the right to amend these Special Conditions of Sale at any time.
2. Conditions for access to the Service
2.1 Pre-requisite: Computer equipment required for access to the Service
The video games to be downloaded consist of between several tens of megabytes and several gigabytes in size. Large files are often divided up, to enable downloading in several stages. It is, however, recommended, for easier downloading, to have an ADSL broadband or cable connection at your disposal.
Furthermore, the User's computer must have the minimum configuration required, specified for each game and described in the technical sheet for the game concerned, in order to enable it to operate.
In case of doubt, ATARI offers Users free assistance on-line, under the conditions prescribed in clause 9 hereof. In any circumstances, the User shall be responsible for his chosen final purchase. Consequently, ATARI, as distributor, shall not be liable for any dysfunction related to any compatibility problem between the video game concerned and the computing environment of the User.
2.2 Registration, Accounts and Identifiers
To access the Service, the User must create an account and complete the form reserved for this purpose, by completing on-line a certain number of obligatory fields (login, password, age, e-mail address, etc.).
Access to the Service is subject to transmission of all the information requested, including the e-mail address, which enables the exchange of information related to the Service (transaction history, technical assistance, patches for downloaded games, etc.).
Each account is reserved for private use and only allows one connection to the Service at a time.
3. User Licence
The User shall benefit, for each transaction validly effected, from a non-exclusive User licence for any video game validly downloaded, strictly for private use, to the exclusion of any use for professional, commercial or promotional purposes.
The User shall refrain from modifying, decompiling, translating, adapting or copying the games downloaded in any way. By exception, the User may, for each game, make copies on CD-Rom or another storage medium for personal archiving.
For each video game, the User shall be provided with an activation serial number and a fixed- rate package, enabling a certain number of downloads and activations of the video game.
By default and unless otherwise provided, the Service shall allow 6 (six) downloads and 3 (three) activations. It is understood that each activation requires an internet connection.
4. Choice of products
The User is informed on the Site of the essential features of products. It is upon his own responsibility and depending on his requirements as determined by him in advance of any order, that he chooses the product(s) being the subject of his order.
The installation and use of certain products presupposes the taking of special precautions. The User must consult any instructions for use and any other information attached to the products and seek professional assistance if he considers that he has insufficient skills.
5. On-line order procedure
The User shall complete an order form on-line through the Site. For this purpose, he selects the products he wishes to purchase by clicking on the "Add to cart" icon.
The User then clicks on the "Place order" icon and must provide his details: surname, forename, e-mail address, telephone number.
Once his order form is completed, the User may check the products ordered and the total price for his order. He may, where appropriate, amend his order.
Once the User has registered his order by clicking on the "Confirm payment" icon, he is deemed to have accepted these Special Conditions of Sale without reservation and in full knowledge thereof, together with the prices, volumes and quantities of products ordered. He may print out his order form.
Once his order is registered, a receipt is sent to his e-mail address. This receipt states the exact invoiced sum and the nature of the products and Services ordered. This receipt is a valid acceptance of the order by ATARI and confirms the transaction.
The sale shall not be regarded as final until after despatch to the User of the confirmation of order by ATARI and receipt of the full price therefor.
ATARI recommends the User to keep this information on paper or on computer.
The data registered by ATARI shall constitute proof of the nature, content and date of the order. This data is archived by ATARI in reasonably secure conditions. Archiving of this data is effected on a reliable and durable medium corresponding to a reliable and durable copy, pursuant to the provisions of the French Civil Code (Code civil). The User may access this data by contacting the customer service.
The User accepts that the system of recording the order described above validly proves the ordering of products and Services and the date thereof. In the event of conflict between the data held by ATARI and any other document, it is expressly agreed that the said data shall prevail between the parties.
6. Right of retraction
The right of retraction referred to by Article L 121-20 of the French Consumer Code (Code de la consommation), which provides: "The consumer shall have a period of seven clear days to exercise his right of retraction without having to provide a reason or pay any penalty, apart from, where appropriate, the cost of return.", is not applicable to any services whose execution has begun before the end of the period of seven clear days nor to any supply of computer programs once they have been unsealed by the consumer (article L 121-20-2 of the same Code). The right of retraction shall not therefore apply to downloaded PC video games.
7. Pre-order Service
The User may also buy a product in advance by using the pre-order Service. The User is thereby assured of its rapid availability after the official publication date of the game. The official publication date is announced on the Site. ATARI, however, reserves the right to change it. The User may cancel his pre-order on the site until the official publication date of the game.
8. Choice of products
The price of each video game shall be paid, in accordance with the tariffs in force on the Site at the time of registration of the order form by the User. Tariffs are stated inclusive of VAT. These tariffs do not include any costs of connection or communication payable by the User to third parties (Internet servers, etc.).
The User is informed that ATARI reserves the right at any time to change the sale price of products.
Payment may be effected by bank card or by any other means suggested by ATARI in accordance with the payment procedure described at the time of registration. For this purpose, the User assures ATARI that he has any necessary authorisation to use his bank card(s) on registration of the order form.
The means of payment suggested on the Site are secured by:
SSL (SECURE SOCKETS LAYER) encryption technology which encrypts the information transmitted;
the encryption systems of the User's Netscape or Internet Explorer browsers;
the transaction being effected in accordance with the security standards off the banking sector;
the BBit secured on-line payment system.
No bank data passes through or is stored by Atari or on the Site. In order to counter the increase in Internet fraud, Atari records IP addresses and the exact dates and times of transactions. This data is kept under the strictest confidentiality, but may be produced in the event of dispute before any authority or court.
The User is solely responsible for effective payment for downloaded products. Should it be impossible for ATARI to receive the payment through any act of the User, the User shall be sent a letter of formal notice to pay in order to regularise his situation.
ATARI reserves the right to suspend or cancel any order, of any kind and level of execution, in the event of non-payment of any sum due from the User or in the event of any payment default.
In accordance with the French Data Protection Act (loi informatique et libertées) of 6 January 1978, the User shall be entitled, at any time, to a right of access to, rectification of and objection to any of his personal data, by letter establishing his identity, to FIA-NET - Service Informatique and Libertées - Traitements n°773061 et n°1080905 - 22 rue Drouot, 75009 PARIS.
9. Customer service and monitoring of order
The User may use the support pages on-line, which deal with the principal problems encountered, concerning downloading, installation, invoicing or use of video games. The User may also contact ATARI's customer service for any information or request in connection with an order:
either on the Site from the home page by clicking on "Support"; or
by e-mail to the following address: uk.support.download-store@atari.com
When the User contacts the customer service by e-mail, he is invited to state his surname, forename, e-mail address and order number, and the subject of his enquiry.
10. Choice of products
The User shall benefit, under the terms of the licence granted by ATARI, from a limited guarantee in respect of validly downloaded video games. In all circumstances, ATARI's liability and guarantee are limited to the replacement of games acknowledged to be defective or to their reimbursement, to the exclusion of any compensation for acts and causes for which it is not directly responsible.
ATARI regularly places patches on the Site, enabling the User to benefit from the most complete version of downloaded games. These patches are freely downloadable on the Site, without additional charge. The User is informed that only the patches provided on the Site enable the approved updating of downloaded video games, to the exclusion of any other versions offered by third parties, including on-line.
ATARI shall not therefore be liable for the consequences of the installation of an unapproved patch on any downloaded video game and, more generally, on the User's computing environment.
