Terms of sale
TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Orac Games. Throughout the site, the terms “we”, “us” and “our” refer to Orac Games. Orac Games makes this website available to you, the user, including all information, tools and services available from it, conditional upon your acceptance of all the terms, conditions, policies and notices stated here.
By visiting this website and/or purchasing one of our products, you engage our “Service” and agree to be bound by the terms set out below (the “Terms of Sale”, “Terms and Conditions of Sale and Use”, “Terms”), including the additional terms, conditions and policies referenced here and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this website, including without limitation visitors, vendors, customers, merchants and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of its services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools added to this store in the future shall also be subject to these Terms and Conditions of Sale and Use. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any change constitutes acceptance of that change.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By agreeing to these Terms and Conditions of Sale and Use, you confirm that you are at least the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor for whom you are responsible to use this website.
Use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in using the Service, breach any law of your jurisdiction (including but not limited to copyright law).
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach of these Terms and Conditions of Sale and Use will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at any time and for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and that this involves (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as your sole basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is, by nature, not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.
We shall not be liable to you or to any third party for any modification of price, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)
Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may be returned or exchanged only in accordance with our Refund Policy.
We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that the colour display on your screen will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
For further details, please see our Refund Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor control nor influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
If you use the optional tools offered on the website, you do so at your own risk and discretion, and you should review the terms on which those tools are provided by the relevant third-party providers.
We may also, in the future, offer new services and/or features on our website (including new tools and resources). Such new features and services shall also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include material from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not obliged to examine or evaluate the content or accuracy of those websites, and we do not warrant and shall have no liability for any third-party content, websites, products, services or other material accessible on or from such third-party websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions connected with those third-party websites. Please review third-party policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to that third party.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS
If, at our request, you send certain specific submissions (for example to enter a competition) or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are not and shall not be obliged to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes intellectual property rights or these Terms and Conditions of Sale and Use.
You agree that your comments will not violate any right of any third party, including copyright, registered trade marks, rights of confidentiality, personality rights or other personal or proprietary rights. You further agree that your comments will not contain any unlawful, defamatory, abusive or obscene material, nor any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of your comments. You are solely responsible for any comments you post and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in these Terms and Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service, of any related or independent website, or of the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, of any other website or of the internet. We reserve the right to terminate your use of the Service or of any related website for breaching any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may suspend the Service for indefinite periods, or cancel it at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Orac Games, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or of any content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Orac Games, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms, such severance not affecting the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part of them).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision.
These Terms and Conditions of Sale and Use, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement between you and us, govern your use of the Service, and supersede any prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including but not limited to any prior versions of these Terms).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use, and any separate agreement whereby we provide you with services, shall be governed by and construed in accordance with the laws in force at the registered office of Orac Games – 19 rue du clos des roses, 14920 Mathieu, France.
ARTICLE 19 – CHANGES TO THESE TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of these Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any change constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about these Terms and Conditions of Sale and Use should be sent to us at contact@orac-games.com.