General Conditions of Sale

Update: September 30, 2018

Preamble

Billy Games (hereinafter "Billy Games" or "We" ("Us", "Our")), is a company domiciled in Mansarde Rancée Nord - 97240 Le François - FRANCE . It is registered at the trade and corporate register of Fort-de-France under the number (en cours d'immatriculation) and is validly represented by Mr. Arnaut Billy as its Manager. VAT not applicable (i.e. not subject to VAT), article 293B of the French General Tax Code (CGI).

Billy Games is a company that creates and publishes Internet browser games, which markets virtual digital content (hereinafter "Digital Content-s") in its game "Quest Islands" (hereinafter "Quest Islands" or the "Game") available only on the website "www.questislands.com" (hereinafter the "Website") of which it is publisher, solely intended for consumers having the status of non-commercial individuals (hereinafter "User-s" or "You" ("Your")).

Warning to Minors

Are you a minor? So read this carefully.

To use the Game, create an Account, make purchases, write messages, or whatever you do on the Website, you agree to abide by several rules that are always recalled at the bottom of each page of the Website (Terms of Use, Privacy Policy, but also the General Conditions of Sale that concern you if you make purchases). Do not hesitate to consult regularly to have them in mind! For you, a very important rule is that your parents or your legal guardians agree that you frequent the Website, and, if necessary, that you make purchases on the Website. They also read the rules in force. In addition, if you want to make a purchase on the Website, we will always remind you before each sale that you must have obtained the authorization of your parents or legal guardians! They are responsible for your actions, and you, you must not act on this Website without their prior authorization.

This is very important, because to the extent permitted by applicable law, we disclaim any liability in connection with your activities on the Website if you have not obtained the consent of your parents or your legal representatives. You really need you, your parents or legal guardians to understand this! Moreover, several passages are addressed directly to your parents or legal guardians in our Terms of Use and General Conditions of Sale. We presume that you have their permission and that they have understood their commitments.

Be careful also to your personal data (your name, your e-mail address, your password in particular, but also all information that allows anyone to know things about you)! We strongly advise you not to disclose them on the Website without discussing them with your parents or legal guardians. Ask for their help to make sure you understand our Privacy Policy.

Article No. 1 - Purpose

These General Conditions of Sale (hereinafter the "GCS") are intended to define the respective rights and obligations of Billy Games and the Users of the Game "Quest Islands", as part of the online sale of Digital Content offered by Billy Games.

The following additional documents and the clauses that they contain are expressly added to the present GCS:

Article No. 2 - General provisions

These GCS apply to all Digital Content detailed in Article No. 7 of these GCS.

Billy Games reserves the right at any time to modify the present GCS by the publication of a new version whose update date will be mentioned on this document. The new GCS will then be applicable to all Users as soon as they go online. For any disputed order, the applicable GCS will be those in effect on the date of payment of the order.

Billy Games assures itself of the acceptance of the present GCS by the User before his order on the Website, by means of a check box and a hypertext link leading to present GCS.

YOU DECLARE BEFORE ANY ORDERS HAVING READ THE PRESENT GCS AND ACCEPT THEM WITHOUT RESTRICTION OR RESERVATION.

YOU DECLARE TO BE ABLE TO CONTRACT LEGALLY UNDER FRENCH LAWS OR REPRESENT VALIDLY THE NON-COMMERCIAL PHYSICAL PERSON FOR WHICH YOU ARE ENGAGING.

YOU DECLARE TO HAVE REACHED YOUR MAJORITY IN ACCORDANCE WITH THE LEGISLATION OF YOUR COUNTRY OF RESIDENCE, OR, IF YOU ARE A MINOR, TO HAVE RECEIVED FROM YOUR LEGAL TUTOR, PARENT OR GUARDIAN, THE AUTHORIZATION TO MAKE AN ORDER.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU ACCEPT THAT YOUR CHILD WILL MAKE A PURCHASE ON THE WEBSITE, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE GCS.

YOU ACKNOWLEDGE THAT THE EXECUTION OF THE CONTRACT BEGINS IMMEDIATELY AFTER RECEIPT OF THE CONFIRMATION OF THE PAYMENT OF YOUR ORDER.

YOU EXPRESSLY WAIVE YOUR RIGHT OF WITHDRAWAL (cf. Article No. 8).

YOU ALSO DECLARE THAT YOU HAVE EXPRESSLY AGREED TO OUR TERMS OF USE AND OUR PRIVACY POLICY WHEN OPENING YOUR ACCOUNT (cf. Article No. 3).

Unless proven otherwise, the information recorded by Billy Games constitutes proof of all transactions.

Article No. 3 - Availability and accessibility of the offer

Access to the Website requires the availability of a computer or mobile device connected to the Internet, and an Internet browser with Javascript enabled. We do not ensure the compatibility of the Website with versions of Internet Explorer less than version 10. We recommend the use of a broadband Internet connection. All material and telecommunications costs are Your sole responsibility. Billy Games disclaims all liability for damage that Your computer and its components, Your mobile device and its components, as well as Your connection to the Internet may suffer, in particular while using the Website.

The User wishing to purchase Digital Content must first open a User Account (hereinafter the "Account") on the Website. The opening of an Account is done by registration via a form available in particular at this address: https://www.questislands.com/en/register/. The opening of an Account requires the express acceptance of Our Terms of Use and of Our Privacy Policy. Each User of the Website having an Account validated by Billy Games is considered as a member (hereinafter the "Member") of the Game. Digital Content offered for sale by Billy Games is accessible only to Members who are duly connected to their Account. The terms and conditions for creating and using the Account are defined in the Terms of Use.

Available Digital Content is visible to Members on https://www.questislands.com/en/shop/ page, and can be changed or removed at any time by Billy Games.

Article No. 4 - Price

The prices of the Digital Contents are indicated in the currency selected by the User, from the list of currencies visible only by Members on the page https://www.questislands.com/en/shop/. Prices may vary depending on the method of payment used and the currency used.

Depending on the means of payment selected by the User, the service providers who manage the means of payment that We offer You may require specific conditions and apply additional fees, including but not limited to, management fees and any currency conversion fees. You must check these terms and additional fees before validating Your order (see Article No. 5 for more information on ordering process). In addition, Your banking organization may apply to You any related costs including, but not limited to, exchange rates, bank transfers or international payments. We recommend that You inquire about the conditions set by Your banking organization.

All costs relating to the use of a means of payment and all costs relating to Your banking are at Your expense.

Billy Games reserves the right to change prices at any time in the future. You will always be informed of prices in effect before placing an order.

Finally, the telecommunication costs necessary to access the Website and therefore Our Digital Content offer are at Your expense.

Article No. 5 - Conclusion of the contract online

The User wishing to make an order will follow a series of steps that We propose to him, as follows:

  • login to his account;
  • access to the following page: https://www.questislands.com/en/shop/, on which he will be informed of the essential characteristics of the Digital Content offered to him for sale;
  • choice of Digital Content with its tariff all taxes and all costs included;
  • acceptance of the present GCS through a checkbox;
  • Declaration on honor that he is of age, or, if he is a minor, declaration of honor that he obtained permission from his legal guardian, through a checkbox;
  • choice of payment method;
  • if he selects payment by card with Stripe: checking the order on the navigation window that appears, with the possibility of canceling the ordering procedure by clicking on the close button of the window, then entering the information of payment required;
  • if he selects the payment by card with Paypal: appearance of a navigation window with choice to connect or not to a Paypal account (if it does not connect to a Paypal account he will have to enter the information of payment required), then checking the order with possibility of canceling the ordering procedure by clicking on the close button of the window or by clicking on the cancellation link provided to him;
  • validation of his order by pressing the payment button.

At the end of the payment of his order, the User will receive from Billy Games an e-mail confirming the payment of his order, as well as an e-mail acknowledging receipt of his order, to which will be attached herein GCS in "PDF" format.

Billy Games reserves the right to refuse any order, for any legitimate reason.

Article No. 6 - Payment

You can make Your payments with Your Paypal account or by credit card payment. Cards issued by banks domiciled outside France must be international credit cards (including, but not limited to, Visa, Mastercard and American Express).

The secure online payment by credit card is made by one of Our payment providers, Stripe or Paypal, according to Your choice.

Depending on the case, Your Paypal account information or Your bank details are exchanged between Your Internet browser and the payment provider of Your choice by HTTPS, which includes the SSL system. The SSL system makes it impossible to spy on information exchanged or modified, and allows You to ensure that it is with the chosen payment provider that Your browser communicates. Our payment providers use a PCI Level 1 encryption algorithm (the highest level of certification). This certification secures Your transactions and ensures the confidentiality and integrity of Your bank details.

Once Your payment issued and after verification of the information transmitted, the transaction is immediately charged. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

By providing Your credit card details, You authorize Billy Games to debit Your credit card the amount corresponding to the price of the Digital Content at the time of the order.

You acknowledge that You are the legal owner of the debit card or PayPal account used, and that You are legally entitled to use it.

In case of error or inability to debit the card or Your Paypal account, the sale is immediately resolved automatically and the order canceled.

Article No. 7 - Digital contents

Billy Games allows You to purchase usage rights on Gems, which are credits exchangeable for Game elements (see below).

Game elements are computer code forming virtual objects, such as cards, bets taken without financial gain, clues, Coins (virtual currency limited only for use on the Website) or decorative elements. Game elements have no market value in the real world.

We draw Your attention to the fact that You will not be entitled to any proprietary rights in Gems or any other Game element, as these are and remain the exclusive property of Billy Games. Information about Your rights regarding Digital Content is specified in the Terms of Use (Article No. 5), which You acknowledge having read.

When You are logged in to Your Account, You may acquire usage rights on Gems on this page: https://www.questislands.com/en/shop/. Your Gems' balance is shown on the Website's built-in navigation bar at the top of each page of the Website (excluding the error pages) when You are logged in to Your Account.

The validity of the use rights of Your Gems extends over a period that runs from their credit date on Your Account to the closing of Your Account, or to the cancellation by Billy Games of the Game elements concerned, or during authorized exchanges against other Digital Content on the Website, or, if You have transferred Your rights to use Your Gems to a secret Crew and that You are an officer of the secret Crew, to the dissolution of the said secret Crew, or at Your departure from the secret Crew, or from the moment You are no longer an officer of the secret Crew, in accordance with the Terms of Use.

The purchase or use of Digital Content that is the subject of intellectual property rights is not accompanied by any assignment of said rights.

Rights granted under these GCS will only be granted to the non-commercial person whose email address is associated with the User Account.

Article No. 8 - Withdrawal

The Digital Content that We offer You can not, by nature, be provided on any material support. You expressly agree that the performance of the contract begins immediately upon receipt of the confirmation email for the payment of Your order. The confirmation email for the payment of Your order will have been sent to the e-mail address You have entered in Your Account. As a result, You expressly waive Your right of withdrawal, in accordance with the French laws in force.

Article No. 9 - Refund

The purchase of Digital Content can not be refunded, regardless of the reasons given.

Article No. 10 - Exclusion of warranty and limitation of liability

YOU AGREE THAT THE USE OF YOUR DIGITAL CONTENTS IS AT YOUR OWN RISK AND UNDER YOUR ENTIRE LIABILITY, BILLY GAMES CAN NOT BE HELD RESPONSIBLE FOR ITS USE.

BILLY GAMES PROVIDES DIGITAL CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THE SOLE FRENCH LEGAL WARRANTY.

Without this being any guarantee on Our part, Billy Games is committed to producing its best efforts to secure the access, the consultation and the use of the Website and its Digital Content, including the correction of reported computer errors. Our obligation is an obligation of means, not results.

The Website is accessible at all times, except in cases of force majeure (cf. Article No. 12), and subject to any breakdown or maintenance required for the proper functioning of the Website. Maintenance interventions may be carried out without prior notice, even if We will do Our best to inform You sufficiently in advance.

Billy Games can not be held liable for interruptions in services due to the characteristics of the Internet network, especially in the case of interruption of access networks, technical performance and response times to consult, query or transfer data contained on the Website, including its Digital Content.

Due to the intrinsic characteristics of the Internet, Billy Games does not guarantee You against the risks of misappropriation, intrusion, contamination and piracy of Your data, and any damage to Your computer or mobile device following the use of the Website. It is Your responsibility to take all appropriate measures to protect Your data, software and files, especially against computer viruses.

It is Your responsibility to take all necessary measures to ensure that the technical characteristics of Your equipment, and in particular the configuration required to access the Website (cf. Article No. 3), allow You to use Our Digital Content properly.

CONSEQUENTLY, BILLY GAMES SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF DATA ON OUR WEBSITE, INCLUDING OUR DIGITAL CONTENT, OR FOR ANY DIRECT OR INDIRECT DAMAGE CAUSED BY LOSS OR DAMAGE OF THESE DATA.

Article No. 11 - Personal data

You may be required to provide personal data during Your purchase process on the Website. For any information about their collection, processing and exercise of Your rights relating to such data on the Website, please refer to Our Privacy Policy.

You authorize Us to communicate Your e-mail address to Our payment provider (Stripe or Paypal, depending on the method of payment You have selected), and this for the sole purpose of carrying out the order and allowing Us to follow up of Your order. Indeed, this is the only information that allows Us to identify You, to the extent that We do not at any time request Your name and where We never have access to Your banking information, which is transmitted from secure way directly to the selected payment provider (cf. Privacy Policy). Before any data communication to partners, the Website will anonymize, as far as possible, the personal data of each User.

Article No. 12 - Force majeure

The occurrence of a case of force majeure has the effect of suspending the performance of the contractual obligations of Billy Games.

Constitutes a case of force majeure any event beyond the control of Billy Games and hindering the normal operation of its activity.

Article No. 13 - Partial nullity and non-waiver

The nullity of a contractual clause does not entail the nullity of the present GCS, the other clauses will retain all their force and all their range.

In addition, the fact that Billy Games does not avail itself temporarily of one or more clauses of this GCS can not be interpreted as a waiver of Billy Games to avail itself of it in the future.

Article No. 14 - Hypertext links

The Website may contain hypertext links to websites published or managed by third parties. To the extent that no control is exercised over these external resources, the User does not acknowledge Us any responsibility for the provision of said resources and their content. These external websites are not governed by Our Terms of Use.

Article No. 15 - Applicable law and dispute resolution

The present GCS are governed by the French law and any conflict under it will have to be solved according to the French law.

In case of translation of these GCS, only the French version will prevail.

Any dispute that may arise concerning the validity, interpretation, execution, interruption or termination of these GCS, will be submitted to mediation in the absence of agreement intervened within a period of one month between the parties. The User may contact the Consumer Ombudsman of his choice or contact Billy Games who will provide him with the details of a mediator.

Citizens of the European Union benefit from the online dispute resolution platform set up by the European Commission: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

In case of failure of the mediation or if the User does not wish to resort to mediation, the French courts will be competent.

Article No. 16 - Claims

Please tell Us about Your claims by the following means:

  • by e-mail to: write@questislands.com ;

  • by post to the following address:

    Billy Games - Service Clients
    Mansarde Rancée Nord
    97240 Le François
    FRANCE