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GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the "GTCs") govern the sales of accessories and video games on physical media (hereinafter referred to as the "Products") by the company Games.fr, a Simplified Joint-Stock Company (Société par Actions Simplifiée) with a share capital of 1,000,000 Euros, whose registered office is located at CRT 2 - 396-466 Rue de la Voyette - 59273 FRETIN, France, registered with the Lille Métropole Trade and Companies Register under number 339 702 870 (hereinafter referred to as the "Company") on the website accessible at the URL (hereinafter the "Site").

It is specified that the Site is published by the company Bigben Interactive as identified in the Site's legal notice.

GENERAL PROVISIONS

These GTCs may be modified at any time by GAMES.FR. The new GTCs, if any, will only be applicable to Orders placed after said modification. The applicable GTCs are those appearing on the Site in the French language at the time of your order and brought to your attention prior to the completion of any order. If they were translated into another language and in case of a discrepancy between the two versions, the French version of the GTCs shall prevail over the translated version.

By accepting these GTCs, you acknowledge having been provided, prior to your order, in a clear and understandable manner, with these GTCs and all the information listed by the French Consumer Code. Any order placed on the Site implies the full and entire acceptance, without reservation and without condition, of the GTCs in force at the time of said order. You consequently waive, in particular, the right to invoke any contradictory document, which would be unenforceable against the Company.

Designation of the Seller

The Products are sold by the company GAMES.FR, a simplified joint-stock company with a share capital of €1,000,000, registered with the Lille Métropole Trade and Companies Register under number 339 702 870 – (Siret 33970287000041) – Registered office: CRT 2 - 396-466 RUE DE LA VOYETTE - 59273 FRETIN, France. Telephone: +33 (0)3.20.90.72.30. Intra-community VAT number: FR 44339702870.

Conditions of Application

These GTCs apply to any order placed remotely by a natural person with legal capacity and acting for personal purposes as a consumer within the meaning of the preliminary article of the French Consumer Code, directly on the Site.

Exclusions of Application

The GTCs are not applicable to professionals within the meaning of the preliminary article of the French Consumer Code, namely any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name or on behalf of another professional. To open a professional account, please contact the professional sales department at +33 (0)3 20 90 72 00.

Unique Identification Number of the Producer of the Products

Pursuant to Article L. 541-10-9 of the French Environmental Code, distance selling sites that act as sales intermediaries are required to assume the extended producer responsibility (EPR) for the products that pass through their platforms. However, the French Ministry of Ecological Transition and Territorial Cohesion recalled, in a communication dated April 3, 2024, entitled "General framework for extended producer responsibility schemes," that this obligation does not apply in cases where the seller is able to demonstrate that the product producer already assumes this obligation.

The Company thus specifies that the producer of the Products sold on the Site, the company Bigben Interactive, a public limited company whose registered office is located at 396-466 Rue de la Voyette, CRT2, 59273 Fretin (France), registered with the Lille Métropole Trade and Companies Register under number B 320 992 977, has unique identification numbers for the following EPR schemes to which it is subject:

  • W.E.E.E. Scheme: Ecosystem FR002981_05XZUM
  • Household Packaging Scheme: Citéo FR209417_01SYUP
  • Batteries and Accumulators Scheme: Screlec FR002981_061VWH

PRODUCTS

The Products offered for sale include all categories of audio products, namely any device and accessory for the capture, recording, processing, reproduction, and/or diffusion of sound from consumer equipment such as Hi-Fi systems, headphones, speakers, microphones, audio recorders, digital peripherals, digital players, vinyl turntables (record players), radio receivers, clock radios, alarms, acoustic and luminous speakers, night lights with or without integrated audio, luminous figurines, walkie-talkies, audio headsets, sound bars, sound towers, Home Cinema systems, accessories and connectors (audio cables, remote control, antenna, connectors, etc.).

The Products are those that appear on the Site on the day of your order and within the limits of available stocks.

ORDERS ON THE SITE

Any order for one or more Products on the Site requires you to have a valid bank card (Visa/Mastercard/CB and Bancontact) or a PayPal account or an American Express card. Only orders for which your payments have been previously validated will be taken into account.

  • You must have a valid email address accessible from a computer.
  • When placing your order, you choose the Product(s) you wish to order. A summary of your order is presented online. You can modify or accept it to confirm your order.
  • You are invited to choose a payment method as well as a delivery method from those offered.
  • You are invited to validate your order. This step allows you to review a summary of your order including, in particular, the indication of the chosen payment method and the total amount of your order (including delivery costs) after deduction of any reductions, and reminds you of the conditions for exercising the right of withdrawal, and invites you to verify these elements, allowing you to correct them if necessary.
  • You are then invited to click on a link entitled "Pay your order". You will then be asked to check the box accepting these GTCs.
  • You will then be redirected to the secure page of our payment provider, where you will be invited to provide the data necessary to perform your payment obligation and to click on the "Validate payment" link.
  • You will then receive, at your email address, a confirmation of your order as well as these GTCs on a durable and printable medium.

The electronic data contained in the order form completed and validated by you shall have probative value. GAMES.FR reserves the right, prior to the delivery of the Product(s), to carry out checks on this information. In the absence of order validation, you will be informed either of the cancellation of your order or of a request for the provision of additional supporting documents. In the latter case, upon receipt and validation of these documents, the preparation of your order will resume.

PRICE OF THE PRODUCTS

The price of the Products (excluding delivery costs) is that indicated on the corresponding product sheet, accessible on the Site. GAMES.FR reserves the right to modify the price of its Products at any time, in compliance with applicable legislation. The Products you order will be invoiced to you on the basis of the price in force on the Site at the time of the validation of your order. The applicable price is that indicated on the summary of your online order and transcribed in the confirmation email. The price of the Product(s) is payable at the time of order and is indicated in euros, inclusive of all taxes and exclusive of delivery costs. For eligible Products, the price displayed on the product sheet includes the amount of the eco-participation fee. You can consult the amount of the delivery costs applicable to your order when you select the delivery method for your order. These possible costs are indicated to you as you proceed with the order and are invoiced at the end of the order in addition to the price of the selected Product(s). As GAMES.FR does not reserve stock, placing one or more Product(s) in the basket does not guarantee the availability of said Product(s) or its (their) price.

DELIVERIES

Delivery Conditions

Orders are exclusively delivered in metropolitan France and in the countries mentioned on the Site according to the delivery method chosen at the time of the order, by post to your home or to a relay point according to your choice. An identity document may be requested from you at the time of delivery of the order so that the carrier can verify the correspondence between your identity and that provided at the time of your order.

Delivery Times

Subject to the availability of the ordered Product(s), and the receipt and validation of your payment, the delivery of your order will take place no later than the date mentioned on the delivery method selection page before the final validation of your order. In the case of orders placed on non-working days (weekend, public holiday, or non-working day), the deadlines are calculated from the first following working day.

Delivery Delays

In the event of a delivery delay, you will have the option to cancel your order, by registered letter with acknowledgment of receipt or by a written notice on another durable medium, if, after having enjoined us, by the same means, to make the delivery within a reasonable additional period (and at least fifteen (15) days from the receipt of said letter or said written notice), we have not complied within this period. The order is considered canceled upon receipt of the letter or written notice informing us of this resolution, unless we have complied in the meantime. Reimbursement will then take place no later than fourteen (14) days following the date on which the order was canceled.

Delivery Costs

We ask you for a flat-rate contribution for delivery costs, the amount of which is specified during the validation of the order. The delivery cost is calculated during the validation of the basket and is recalled in the order summary, prior to its validation by you.

Customary Checks upon Delivery

You must carefully check upon delivery that the packaging of the delivered Products is in good condition and that the delivered Products are intact, complete, and conform to your order. If you notice any damage or non-conformity upon delivery, it is your responsibility to report it to us within a period of seven (7) days from said delivery.

Missing Products

You have a period of twenty-four hours (24h00) after the delivery of the Product(s) to report any missing item to the GAMES.FR Commercial Hotline at 03 20 90 72 18 (Price of a local call from a landline) or by email to assistance@games.fr in order to allow GAMES.FR to assert its rights with the chosen carrier. You will be kept informed within a period of five (5) days about the delivery times of the missing item after verification by GAMES.FR.

Damaged Delivered Products

In the event that, upon delivery of the package, you notice that the ordered Product(s) is/are damaged, you must report it to us within three (3) calendar days of receiving your order:

  • by contacting the GAMES.FR Commercial Hotline at 03 20 90 72 18 (Price of a local call from a landline)
  • or by writing to: assistance@games.fr

In the event that, after accepting the package, you notice that the ordered Product(s) is/are damaged, you may implement the legal guarantee of conformity under the conditions provided for by the French Consumer Code and reproduced below.

Availability of the Product(s)

The Products are available as long as they are visible on the Site and unless otherwise indicated. In the event that a Product is missing, you will be contacted by GAMES.FR within seventy-two (72) working hours from the date of your order by e-mail or by telephone. This contact will allow you to know within what time frame the Product(s) could be delivered. In the event of total unavailability of the ordered Product, you may request either a refund of the price of your entire order if it has been invoiced and collected, within a maximum period of fourteen (14) days following the date on which the contract was terminated, or a replacement with a Product of an equivalent price. The transfer of ownership of the ordered Product(s) is subject to the effective and full collection of the price, principal and accessory. In the event of a payment incident, you undertake to return to the Company the Product(s) possibly received without delay and upon first request from GAMES.FR. The risks (in particular theft, loss, deterioration) are transferred to you upon delivery of the Product(s) and no refund can be requested from GAMES.FR on this account.

RIGHT OF WITHDRAWAL

Time Limit and Modalities of the Right of Withdrawal

Subject to the exceptions applicable to the sale of video games recalled below, you have, in accordance with Article L. 221-18 of the French Consumer Code, a right of withdrawal that can be exercised within a period of 14 (fourteen) clear days from:

  • the receipt of the Product by you or a third party, other than the carrier, designated by you, or
  • in the case of an order for several Products delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, from the receipt of the last good or lot or the last piece.

When the fourteen (14) day period expires on a Saturday, a Sunday, or a public or non-working holiday, it is extended until the first following working day. To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending us, by post to the address BIGBEN INTERACTIVE C/O GAMES.FR, 396-496, rue de la Voyette, CRT2 – 59273 FRETIN (France) or by email to the address TO BE COMPLETED before the expiry of the fourteen (14) day withdrawal period, the withdrawal form available at the end of this document, or, at your choice, any other unambiguous statement expressing your will to withdraw. In all cases, the withdrawal document must include at least your first and last names, the email given at the time of the order, as well as its order number and its invoice. In the event that you have exercised your right of withdrawal, you must return, to the address indicated in the form attached to these GTCs, without undue delay and at the latest within fourteen (14) days following the date on which you communicated your decision to withdraw to us, the new Product(s), in perfect condition, sealed in their original packaging and accompanied by a copy of their invoice, for which you have exercised your right of withdrawal. Any damage suffered by the Product(s) on this occasion may be such as to defeat the right of withdrawal. The costs of returning the Product(s) for which you have exercised your right of withdrawal are at your expense. The return of the delivered Products is done exclusively by post or by dropping off your package at a relay point. In case of exercise of the right of withdrawal, we will proceed to the refund of the sums paid, price and delivery costs within a period of fourteen (14) days following the receipt of your return. The refund will be made via the same payment method as that used during the order. It is specified that a Product that has benefited from a promotional advantage will be refunded at the price you actually paid or which should have been paid if it no longer meets the conditions to benefit from it. In other words, the refund will be based on the price of your order invoiced and collected by GAMES.FR.

For any questions

For any commercial questions, an email address is at your disposal: assistance@games.fr (emails processed when written in French or English) as well as a telephone number: +33 (0)3 20 90 72 18 (price of a local call from a landline in France). This commercial hotline only handles calls in French. The opening hours of our sales department are from Monday to Friday from 9 a.m. to 5 p.m. Service not available on weekends and public holidays, whether by email or by telephone.

YOUR GUARANTEES

All Products benefit from legal guarantees and possibly a commercial or manufacturer's guarantee. You can find the user manual for your Product in the support section of the Site and, if necessary, contact our technical service. The latter does not deal with problems related to your order but only with technical defects of your electronic Product.

Legal Guarantees

When the Product(s) present(s) either a lack of conformity or a hidden defect, you have the choice between the legal guarantee of conformity, provided for in Articles L. 217-1 et seq. of the Consumer Code, and the guarantee against hidden defects of the thing sold, provided for in Article 1641 of the French Civil Code. Any guarantee is excluded in case of normal wear and tear of your Product or poor maintenance, poor storage, or misuse.

Legal Guarantee of Conformity

In accordance with the legal provisions in force, we inform you that you benefit from a legal guarantee of conformity under the conditions provided for in Articles L. 217-1 et seq. of the French Consumer Code. In the event of a lack of conformity, the concerned Product(s) must be returned in the state in which you received it/them. The return must be made by post or by deposit at a relay point. Upon receipt of your order, it is your responsibility to keep our Products in accordance with the indications on the packaging. We cannot be held responsible for a defect that has appeared due to poor storage of the Products by you after delivery. You have a period of two (2) years from delivery to act.

The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. When the sales contract for the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all necessary updates to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to the repair or replacement of the good within thirty days of their request, without cost and without major inconvenience to them. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction of the purchase price by keeping the good or terminate the contract by being fully reimbursed against restitution of the good, if:

  1. The professional refuses to repair or replace the good;
  2. The repair or replacement of the good occurs after a period of thirty days;
  3. The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if they bear the costs of installing the repaired or replacement good;
  4. The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the price reduction or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to the termination of the sale if the lack of conformity is minor. Any period of immobilization of the good for its repair or replacement suspends the guarantee that remained to run until the delivery of the restored good. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

Legal Guarantee against Hidden Defects

We guarantee that the Products ordered on our Site are free from hidden defects. You can decide to implement the guarantee against hidden defects under the conditions defined below:

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against restitution of the good.

Commercial and Manufacturer Guarantees

Manufacturer and commercial guarantees do not exclude the legal guarantee of conformity or that of hidden defects reproduced above. Commercial and manufacturer guarantees are valid for normal use of the Product(s) and do not cover, in particular:

  • Damage whose cause is external to the Product: negligence, misuse, shock or fall, poor connection, effects of electrical surges, insufficient protection against humidity, heat or frost, lightning, water damage, modifications, repairs or their attempts made by a person not authorized by Games.fr and more generally damage of any kind whose origin is subsequent to delivery,
  • Damage suffered by the user due to a malfunction of the possible Product(s) and, in particular, any operating loss, any commercial, financial or moral prejudice,
  • Loss, theft or breakage of the Product(s).

LIABILITY

The Products offered comply with current French legislation. The liability of GAMES.FR cannot be engaged for non-conformity of a Product with the legislation of another country; it is your responsibility to check if the Product is not prohibited for sale in your country.

We invite you to consult the description of each Product to know its characteristics. While taking the greatest care to ensure the accuracy, completeness, and timeliness of the information put online as well as the descriptions of the Products and the data available on the Site, GAMES.FR and the publisher of the Site cannot be held responsible for non-substantial errors that may occur. Likewise, although the photographs and other reproductions of the Products represent them faithfully on the Site - within the limits of the technique and in compliance with the best market standards - they may nevertheless present non-substantial errors, which you acknowledge and accept. You also acknowledge being perfectly informed that the photographs and texts illustrating the Products are subject to change without their modification being likely to engage the liability of GAMES.FR or the publisher of the Site. You are informed that the liability of GAMES.FR cannot be engaged in the event that you judge the performance of our Products to be below your expectations. You are invited to verify any information disseminated on the Site and to notify us of any possible error, omission or inaccuracy by email to the address: support@bigben.fr

You remain the sole judge of the appropriateness and suitability for your needs and your consumption of the Products you order. Our Company shall not be held liable for a use of the Products that does not conform to their intended purpose.

INTELLECTUAL PROPERTY

You must respect the general terms and conditions of sale, use, and the game regulations established by the publishers of these Products. Our Company can in no case be held responsible for the use that may be made of these Products.

PERSONAL DATA

Personal data is processed according to the provisions of the Customer Personal Data Policy, available in the "Privacy Policy" in the footer of the bigben.eu site and at the following link: click here

DISPUTE RESOLUTION

These GTCs are subject to French law. In the event of a claim not resolved amicably, you may submit the dispute relating to your order between you and GAMES.FR to the consumer mediator on which GAMES.FR depends (AME conso):

  • either by post: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, accompanied by the documents supporting your request.
  • or directly online: https://www.mediationconso-ame.com/demande-de-mediation-ame.html, by completing the dedicated form made available for this purpose, accompanied by the documents supporting your request.

When a prior written claim from you to GAMES.FR has not been successful, the Mediator's Service may be seized for any consumer dispute. The procedures for seizing the Mediator are accessible at the following address: http://www.mediateurfevad.fr/index.php/espace-consommateur/

You can also use the European online dispute resolution platform through this link: https://ec.europa.eu/consumers/odr

WITHDRAWAL FORM

You may use the withdrawal form below if you wish to exercise the right of withdrawal conferred on you by the French Consumer Code.

[Please print, cut out, complete, and return the form below only if you wish to withdraw from the sale.]

BIGBEN INTERACTIVE C/O GAMES.FR,
396-466 RUE DE LA VOYETTE
59273 FRETIN
FRANCE
email: assistance@games.fr

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the sale of the Product referenced below:

Product identification: _________________________

Order number: _________________________

Ordered on: _________________________

Received on: _________________________

Name of the buyer(s) (): _________________________

Address of the buyer(s) (): _________________________

Date: _________________________

Signature of the buyer(s) (*): _________________________

(*) Delete as appropriate.

Last modification: 2025 11 01