Article no. 1 : INTRODUCTION
The Digital Content governed by the GCS is as follows:
- Subscription to the DOFUS video game (hereinafter the "Subscription" or "Subscriptions");
- Credits exchangeable for game content or services (hereinafter the "Credits");
- Game Elements (as this term is defined in Article 6.3 hereinafter).
These stipulations are without prejudice to any mandatory legal provisions on such matters and specifically, those provided by the law applicable in your country of habitual residence.
Unless proved otherwise, data saved by Ankama constitutes proof of all transactions concluded between Ankama and You. The history of transactions made on the Websites and within the Games (excluding transactions made within the Applications) between Ankama and You may be consulted at any time on the Websites in the Account Management section.
PLEASE NOTE: when You make a purchase of Digital Content, You expressly agree that the Digital Content will be made available to You immediately, and You therefore expressly waive your right of withdrawal.
Article no. 2 : USER ACCOUNT
2.2 You acknowledge that You are an individual who has reached the age of majority in your country of habitual residence or, if You are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian). You also acknowledge that You are legally able to enter into an agreement in accordance with the law, case law or the customs of your country of habitual residence.
Article no. 3 : AVAILABILITY
Article no. 4 : PRICE AND PAYMENT
Some payment methods are managed by payment service providers for which additional terms and costs may apply. Please review any such additional terms and costs before placing an order. You may also be required to create an account with such payment service providers (e.g. Paypal).
When placing an order via an Application, the payments will be processed by the Applications Platform You use.
4.2 Unless stated, the prices are listed in the currency of your country of residence, and include taxes. They do not take into account any exchange rates or costs linked to specific payment methods. The onus is on You to pay all costs arising from banking operations, especially in the case of payment by international wire transfer. If We do not receive the full payment for the Digital Content purchase, We will not be able to validate your order. We can then offer to complete your payment or cancel your order. In the latter case, We will refund the payment We have received from You for this order. The communication costs linked to purchasing and using Digital Content are the User's responsibility.
4.3 The Company may modify its rates at any time, without prior warning. However, in the event of payment using a non-instantaneous method (e.g. check), the applicable rate will be that in force on the day the contract is concluded.
4.4 You acknowledge that all payments You make on the Websites or within the Games, for Yourself or any person You represent, are made with the authorization of the holder of the payment method used; failing this, the rules set forth by Article 4.5 shall apply. In any event, if You have not reached the age of majority in your country of habitual residence, You must obtain permission from your legal representative before making any payments on the Websites or within the Games, if applicable law, case law or customs require it.
Also, if You have provided your login details to a third party who then makes a fraudulent payment, Ankama may impose the same sanctions on You.
4.6 Some Digital Content may be purchased in exchange for Audiotel codes. You acknowledge that any person using Audiotel services is deemed to be the owner of the landline or mobile phone subscription (hereinafter the "Subscriber") used to generate Audiotel codes, or is deemed to have obtained the Subscriber's permission. Audiotel codes and SMS (Short Message Service) are not provided by the Company, but by a third-party company. Premium rate calls and SMS from the subscriber's landline or mobile phone in order to obtain Audiotel codes are invoiced by the telephone operator. Ankama shall not be held responsible for any use made of the Subscriber's landline or mobile phone, or any resulting invoices. In the event of unauthorized use or hacking of the landline or mobile phone, the Subscriber must approach their operator. Consequently, You acknowledge that the Subscriber is responsible for the use of the landline(s) of the subscription that he/she owns.
Article no. 5 : PURCHASE METHOD AND ORDER CONFIRMATION
Whatever Digital Content is selected, a summary of your order will be provided to You prior to confirmation.
You will receive e-mail confirmation that your order has been successfully registered.
5.2 For an order within our Games (excluding orders within our Applications):
Certain Games have a shop that allows You to purchase Digital Content by means of a bank card previously saved on your Account (see Article 5.7 below).
After selecting an item of Digital Content within a shop available in-game, You will be asked to pay for your order. If no bank card is saved on your Account, You will be automatically directed to our Websites in order to make the payment. If a bank card is saved on your Account, You will have the opportunity (but not the obligation) to pay for your order using this card. You will be asked to enter a verification code before your order is validated.
You will receive e-mail confirmation that your order has been successfully registered.
5.3 For an order within our Applications:
5.4 Your order is accepted and a contract concluded once We have sent You a confirmation e-mail or We have enabled access to the Digital Content. Except in the event of payment using a non-instantaneous method (e.g. check), the Digital Content is sold to You on a prepayment basis and, consequently, payment is due with the order.
5.5 As part of a contract concluded with a payment instrument which does not enable the irrevocable payment of the amount due when ordering, the contract will be automatically terminated ipso jure if the amount due is not cashed by Us no later than ten (10) days following the date the contract is formed.
5.6 As part of the fight against payment fraud, and with the intention of securing its customers' transactions, Ankama may ask You to provide proof of identity and/or proof of address before validating your order.
The order will be final only once Ankama has received these documents and a confirmation e-mail has been sent. Failing receipt of these documents within the time allowed, or if these documents do not identify the person placing the order and/or the accuracy of his/her address with certainty, Ankama reserves the right not to accept the order.
Ankama also reserves the right to refuse an order if there is an payment regarding a previous order that has not yet been rectified or in the event of an unusually high number of orders.
5.7 You have the opportunity, when placing your order on some Websites, to save your bank card details, so that You do not have to re-enter them next time You place an order on certain Websites and/or Games.
Your bank card details are securely saved by our payment service provider.
At any time, You can consult the list of the saved bank cards in the Account Management section on the Websites, under "Payments", then "Manage my payment methods". You will then have the opportunity to delete the saved bank card(s).
Each time You would like to pay using a bank card already saved on your Account, You must enter a verification code. This verification code will be sent to You by e-mail or SMS, depending on the choice You made when You agreed to save your bank card details. If you would like to modify this choice, You must go to the Account Management section, delete your saved bank card details, then save it again by opting for the other security option.
Article no. 6 : DIGITAL CONTENT
6.1 Subscription to the DOFUS video game
6.1.1 On the website www.dofus.com, the Company may offer Subscriptions to access the DOFUS game in its entirety.
6.1.2 To select a Subscription, You must go to the "Subscription" section on the website. You can then select the Subscription period You would like to purchase, login in to your Account, and choose your payment method.
6.1.3 You can check the status of your Subscription(s) in the Account Management section on the Websites.
6.1.4 The start date for a Subscription is the precise moment when it is activated on the Company's servers. If payment is immediate (e.g. by bank card), activation is immediate. In all other cases (e.g. by check or bank transfer), activation occurs only on receipt and cashing of your payment by the Company.
6.1.5 Excluding special circumstances, the duration of a Subscription is calculated as follows:
- 1 week = 7 days
- 1 month = 30 days
- 3 months = 90 days
- 6 months = 180 days
- 1 year = 360 days
6.1.6 The Subscription ends upon expiry of the Subscription period selected by the User, unless your Account is closed before this date.
6.2.1 On its Websites and within the Games, the Company may allow You to purchase rights of use over Credits, notably over Ogrines (credits exchangeable for subscriptions, virtual items, or services that can be used within certain Games, including DOFUS, WAKFU, and KROSMASTER), Goultines (credits exchangeable for virtual items or services that can be used within the DOFUS TOUCH video game), and Krosmaga Kamas (credits exchangeable for virtual cards, in the form of boosters or decks, and services that can be used within the KROSMAGA game). Credits allow You to access content made available to You by Ankama on the Websites and/or certain Games.
6.2.2 Specific conditions for Ogrines: to select Ogrines, You must go to the "Ogrines" section on the Websites. You can then select the number of Ogrines You would like to purchase, log in to your Account, and choose your payment method. You can consult your current balance of Ogrines in the Account Management section on the Websites.
6.2.3 Credits are valid as soon as they are credited to your Account by Ankama and expire on the day your Account is closed.
6.2.4 Ankama may, at its sole discretion, decide to restrict the number of Credits You can purchase on any single occasion and/or retain in your Account at any time.
6.2.5 Whatever the terminology used, Ankama only provides a right of use over Credits and not a right of ownership, which You expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and in no way constitute money or goods of any kind. You must in no way transfer, sell, or otherwise exchange (or attempt to do so) the rights of use over Credits outside the Websites, Games and their rules.
6.3 Game Elements
6.3.1 Ankama may allow You to purchase rights of use over Game Elements, as defined hereinafter. Game Elements means all elements that We offer for You to purchase on the Websites or within the Games, including, but not limited to, virtual items, cards, customization elements, and services that can be used within the Games.
6.3.2 Whatever the terminology used, Ankama only provides a right of use over Game Elements and not a right of ownership, which You expressly acknowledge. You acknowledge that the Game Elements are and remain the exclusive property of the Company. You acknowledge that the Game Elements have no financial value in the real world and in no way constitute money or an asset of any kind. You must in no way transfer, sell, or otherwise exchange (or attempt to do so) the rights of use over Game Elements outside the Websites, Games and their rules.
6.3.3 Please note that Game Elements may have an expiry date. In any case, as Game Elements are associated with your Account, You shall no longer have access to these elements if your Account is closed, for whatever reason, without You being able to claim any damages of any kind whatsoever.
Article no. 7 : REFUNDS – WITHDRAWAL
Digital Content shall NOT GIVE ENTITLEMENT TO ANY REFUND, even in the event of non-use. Ankama is not liable for the User's errors or omissions.
In accordance with applicable law, when You make a purchase of Digital Content, You expressly agree that the Digital Content will be made available to You immediately. Therefore, You expressly waive the right to exercise your right of withdrawal with regard to the purchase of Digital Content.
Article no. 8 : PERSONAL DATA
In accordance with the Data Protection Act of January 6th, 1978, as amended in 2004, You are entitled to access and modify information about Yourself. You can exercise this right through Support, https://support.ankama.com/hc/en-us, by stating your first name(s), last name, e-mail and home address, and by providing proof of your identity. You also have the right to oppose the processing of your personal details, if you have a legitimate reason for doing so.
Article no. 9 : CUSTOMER SUPPORT
Article no. 10 : LIABILITY AND WARRANTY
10.2 DIGITAL CONTENT IS PROVIDED "AS IS", WITHOUT ANY GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLICIT. WITHIN THE LIMITS IMPOSED BY LAW, ANKAMA EXCLUDES ANY GUARANTEE REGARDING THE MARKET VALUE OF DIGITAL CONTENT, USER SATISFACTION, OR THEIR CAPACITY TO FULFIL A SPECIFIC PURPOSE.
10.3 ANKAMA OFFERS NO GUARANTEE OR REFUND IN THE EVENT OF A PRICE REDUCTION OR A PROMOTIONAL OFFER.
10.4 ANKAMA SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, CESSATION OF OPERATION, LOSS OF DATA, LOSS OF CUSTOMERS, OR ANY PECUNIARY LOSS) ARISING FROM PURCHASING DIGITAL CONTENT.
10.5 ANKAMA SHALL NOT BE CONSIDERED LIABLE FOR DAMAGE CAUSED BY USE OF THE INTERNET, SUCH AS LOSS OF DATA, HACKING, VIRUSES, INTERRUPTION OF SERVICE, OR OTHER UNINTENTIONAL PROBLEMS.
10.6 FURTHERMORE, ANKAMA SHALL NOT BE HELD LIABLE FOR TECHNICAL PROBLEMS INDEPENDENT OF THE DIGITAL CONTENT, SUCH AS: COMMUNICATION PROBLEMS CAUSED BY THE CUSTOMER'S INTERNET SERVICE PROVIDER (SLOW SPEED OR POSSIBLE INTERRUPTIONS), CONSTRAINTS AND LIMITS OF THE INTERNET, SPECIFICALLY REGARDING TRANSMITTING DATA VIA NETWORKS AND RECEIVING DATA, TECHNICAL PROBLEMS ENCOUNTERED BY ANKAMA'S HOST. FOR TECHNICAL REASONS, SPECIFICALLY INVOLVING MAINTENANCE OR NETWORK FAILURE, TEMPORARY INTERRUPTION OF SERVICES IS POSSIBLE.
10.7 IN SOME COUNTRIES, THE LAWS IN FORCE PROHIBIT OR RESTRICT FREE ACCESS TO CERTAIN INTELLECTUAL WORKS; YOU UNDERTAKE TO VERIFY THAT, ACCORDING TO THE LAW OF WHERE THE ORDER WAS PLACED, THERE ARE NO SIMILAR PROHIBITIONS OR RESTRICTIONS CONCERNING THE DIGITAL CONTENT ORDERED. IN GENERAL, ANKAMA SHALL NOT BE LIABLE IF THE DIGITAL CONTENT DOES NOT COMPLY WITH THE LEGISLATION IN THE PLACE THEY WERE ORDERED.
10.8 ANKAMA SHALL NOT BE CONSIDERED LIABLE REGARDING DIGITAL CONTENT IF THE ORDER OR THE USE YOU MAKE OF THE CONTENT IS UNLAWFUL.
10.9 Some countries do not authorize liability limitations or exclusions. Therefore, the limitations or exclusions may not apply to You.
10.10 Subject to the aforementioned provisions, if Ankama is considered liable regarding your use of the Digital Content, the amount of indemnity which You may claim is restricted to the amount You expressly paid for the Digital Content.
Article no. 11 : GENERAL PROVISIONS
11.1 Applicable law: The GCS are subject to French law.
11.2 Divisibility: If any provision or term of this Contract is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.
11.3 Modification of the GCS: Ankama reserves the right, at any time, to modify the content of the GCS in order to keep them up to date with the Digital Content offered. The date of the last update at the bottom of these GCS will indicate whether there have been any recent modifications. The applicable provisions for any dispute concerning an order are therefore those in force on the date the aforementioned order is placed. In all other cases, modifications to the GCS apply by right from the date of their publication on the Websites.
11.4 Litigation: All disputes to which the purchase and sale transactions entered into under these GCS may give rise, concerning their validity, interpretation, execution, termination, consequences and results, and which cannot be resolved between Ankama and You, will be subject to the relevant courts under the conditions of common law.
The User is informed that, in the event of a dispute, he/she may resort to conventional mediation or any alternative form of dispute resolution.
For consumers in the European Union: the European Commission provides an online dispute resolution platform, which is available via the following link: http://ec.europa.eu/consumers/odr/.
BEFORE PLACING AN ORDER, YOU MUST ACKNOWLEDGE HAVING READ AND ACCEPTED THESE GENERAL CONDITIONS OF SALE, AS WELL AS OUR CONFIDENTIALITY POLICY.
Last updated: March 9, 2017