GENERAL TERMS AND CONDITIONS OF SALE (GTC) GDN GamerPass — CONSUMERS

Article 1 – Scope

These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all purchases of products and services offered by SARL GdN (hereinafter "GamerPass"), registered with the RCS of Romans under number 450 791 843, on its website www.gamerpass.store.

GamerPass reserves the right to amend these GTC at any time. The applicable GTC are those in force on the date the Customer places the order.

The main characteristics of the products, in particular video games, are presented on the Site. The Customer must read them before placing any order.

These GTC prevail over any other conditions. They may be supplemented by special conditions stated on the Site.

Unless proven otherwise, the data recorded in GamerPass's IT system constitute proof of the transactions concluded with the Customer.

In accordance with the French Data Protection Act of 6 January 1978 as strengthened by the GDPR, the Customer has rights over their personal data by writing to:

SARL GdN / GamerPass
5 chemin de Daru
26100 Romans sur Isère, France

The Customer accepts these GTC by ticking the box provided for this purpose before validating the order.

Article 2 – Orders

1. Product selection: the Customer chooses the desired game and adds it to the basket.
2. Basket validation: the Customer checks the contents of the basket and proceeds to checkout.
3. Identification: the Customer logs in or creates a customer account.
4. Choice of delivery method: the Customer selects the desired delivery method.
5. Payment: the Customer proceeds with secure payment of the order.

GamerPass acknowledges receipt of the order by e-mail. The sale becomes final after this e-mail is sent and the total price is collected.

Article 3 – Prices

Prices are expressed in euros, VAT included, and may be changed at any time. The applicable prices are those in force on the date of the order.

Article 4 – Payment terms

The price is payable in full by:

• Bank card: Visa, MasterCard, other Carte Bleue.
• Other means of payment as offered on the Site.

The order will only be processed after actual receipt of the payment.

Article 5 – Delivery of games and contract term

Games will be delivered within a maximum of one (1) month after final validation of the order.

In the event of a delay of more than one month, the Customer may request cancellation and a full refund within 7 days.

Legal information of GDN GamerPass

• Corporate name: GDN GamerPass
• Legal form: Société à responsabilité limitée (SARL)
• Share capital: €8,600
• Registered office: 5 chemin de Daru, 26100 Romans sur Isère, France
• Registration number: 450 791 843 RCS ROMANS-SUR-ISÈRE

ARTICLE 6 – GamerPass Membership

Service objective. GamerPass provides a physical video-game exchange service operated by SARL GDN GamerPass via the Site. GamerPass acts as the operating platform. Exchanges are not concluded directly between customers. GamerPass organises and executes the flow.

Price and duration. The subscription is offered at €39.99 incl. VAT per month, billed in advance, for an indefinite term with monthly tacit renewal until termination by the Customer.

Service scope — unlimited exchanges. For as long as a membership is active, the Customer may make an unlimited number of exchanges, subject to game availability, compliance with the eligibility and logistics rules below, and fair, non-abusive use of the service.

Exchange process.

1. Request. The Customer selects a game to send to GamerPass and chooses a desired game among the listed availabilities.
2. Shipment to GamerPass. The Customer ships with tracked mail, in a format compatible with a thickness ≤ 3 cm, within a reasonable period from the request. If not shipped within 30 days, GamerPass may cancel the request at no cost and return the desired game to availability. The Customer keeps proof of posting.
3. Check. Upon receipt, GamerPass verifies eligibility and condition of the game received. In case of non-conformity, GamerPass may refuse the exchange and propose a solution.
4. Dispatch by GamerPass. After validation, GamerPass ships the requested game to the Customer with tracking.
5. Transfer of ownership. The Customer transfers ownership of the validated game to GamerPass. In return, ownership of the game shipped by GamerPass transfers to the Customer upon delivery.

Eligible games. Standard physical editions that are complete and functional. Excluded: counterfeits, copies, defective or incomplete games, oversized or non-standard editions over 3 cm, dematerialised content or codes.

Loss, damage, disputes.

• Transport risk. It remains with the sender until tracking shows “delivered”.
• Confirmed loss. GamerPass may offer a reshipment and/or a suitable commercial solution.
• Non-conforming receipt. The Customer has 48 hours after delivery to report any non-conformity with evidence. GamerPass will handle the claim and propose an amicable outcome.

Refund of the last unused charge. At any time, the Customer may request reversal and refund of the last monthly charge if the service has not been used since that charge date. “Unused” means no action related to the service since that date, including no exchange request, shipment, receipt, or use of any shipping label provided. GamerPass may conduct necessary checks. If accepted, the refund covers the last charge only and service access is suspended as from handling the request.

Termination. The Customer may terminate at any time. Termination is immediate upon receipt of the request by GamerPass. It may be done from the Client Area, by post to SARL GDN GamerPass, 5 chemin de Daru, 26100 Romans sur Isère, France, by e-mail to pro@gamerpass.store, or by phone at +33 1 85 09 18 80. Access to the service is stopped as soon as the termination request is processed.

ARTICLE 7 – Right of withdrawal

In accordance with Articles L.121-21 et seq. of the French Consumer Code, the Customer has 14 days from receipt of the order to exercise the right of withdrawal.

The Customer may return the ordered product(s) or cancel a service contract without having to give any reason and without penalties, with the exception of return shipping costs, which remain at their expense.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to games, software or digital content if they have been unsealed after delivery (e.g. opened packaging, activation of a digital code).

How to exercise the right of withdrawal

The Customer may exercise the right of withdrawal through one of the following options:

1. Withdrawal form:
   • Complete the form on the back of the original invoice and send it:
   • By post to:
     SARL GDN / GamerPass
     5 chemin de Daru, 26100 Romans sur Isère, France
   • By e-mail to: pro@gamerpass.store
2. Downloadable form:
   • Print and complete the form available here: Withdrawal form
   • Send the form by post or e-mail to the addresses indicated above.
3. From the GamerPass Client Area:
   • Log in to the Client Area
   • Go to the "GamerPass Account" section at the bottom of the page.
4. Via Customer Service:
   • Submit a request via the Contact us section.
5. By any other means at the Customer’s discretion.

Return of products

The Customer must return the game in its original packaging, still sealed (unopened), within a maximum of one (1) month after exercising the right of withdrawal. Returns must be sent to:

SARL GDN / GamerPass
5 chemin de Daru, 26100 Romans sur Isère, France

Refund

If the return conditions are met, GamerPass will issue a refund within 7 days of receiving the withdrawal request. Only the price of the game is refunded; return shipping costs remain payable by the Customer.

ARTICLE 8 – Termination or cancellation of the order

Right of withdrawal

Under Article L.121-21 of the Consumer Code, in distance-selling situations (without the simultaneous physical presence of the parties), the Customer has 14 days from receipt of the order to exercise the right of withdrawal, without justification or penalties, except for the cost of returns, which remains at their expense.

Order cancellation by the Customer

The Customer may request cancellation of the order in the following cases:

• Non-conforming product: if the product received does not match the stated characteristics.
• Delivery delay:
  • If delivery exceeds the deadline indicated on the order form.
  • If no date is indicated, where the product is not delivered within 30 days after the contract was concluded and a request for delivery within a reasonable period remains unanswered.
• Unjustified price increase: if the price increases due to a technical modification not required by public authorities.

In such situations, the Customer is entitled to reimbursement of any deposit paid, plus statutory interest calculated from the date the deposit was paid.

How to exercise the right of withdrawal

The Customer may exercise the right of withdrawal using one of the following options:

1. Withdrawal form:
   • Complete the form on the back of the original invoice and send it:
   • By post to:
     SARL GDN / GamerPass
     5 chemin de Daru, 26100 Romans sur Isère, France
   • By e-mail to: pro@gamerpass.store
2. Downloadable form:
   • Print and complete the form available here: Withdrawal form
   • Send the form by post or e-mail to the addresses indicated above.
3. From the GamerPass Client Area:
   • Log in to the Client Area
   • Go to the "GamerPass Account" section at the bottom of the page.
4. Via Customer Service:
   • Submit a request via the Contact us section.
5. By any other means at the Customer’s discretion.

Return of products

The Customer undertakes to return the game in its original packaging, still sealed (unopened), within a maximum of one (1) month after exercising the right of withdrawal. Returns must be sent to:

SARL GDN / GamerPass
5 chemin de Daru, 26100 Romans sur Isère, France

Order cancellation by GamerPass

GamerPass reserves the right to cancel an order in the following cases:

• Customer’s refusal to take delivery of the product.
• Non-payment in full or in part of the price at the time of delivery.

In such cases, any deposit paid by the Customer will be retained by GamerPass as compensation.

ARTICLE 9 – Liability of GamerPass & Warranty

GamerPass guarantees that the products and services comply with the contract, allowing the Customer to assert their rights under:

• Statutory conformity warranty (Articles L.217-4 et seq. of the Consumer Code)
• Hidden-defects warranty (Articles 1641 et seq. of the Civil Code)

1. Statutory conformity warranty

The Customer benefits from the following rights:

• Claim period: 2 years from receipt of the product.
• Choice of repair or replacement: subject to the cost conditions set out in Article L.217-9 of the Consumer Code.
• No burden of proof: the Customer does not have to prove the existence of the defect for 24 months after delivery.

2. Hidden-defects warranty

Independently of any commercial warranty, the Customer may invoke the warranty against hidden defects (Article 1641 of the Civil Code). In that case, they may choose between:

• Rescission of the sale
• A reduction in price (pursuant to Article 1644 of the Civil Code)

3. Procedure in case of defect

If the Customer identifies a defect or hidden defect, they must inform GamerPass in writing within 14 days after receiving the game.

GamerPass undertakes to:

• Repair, replace or refund the affected game as soon as possible and, at the latest, within 7 days after the defect is validated.
• Make the refund by bank transfer or cheque.

4. Limitation of liability

• The warranty is limited to reimbursement of the price paid.
• GamerPass cannot be held liable in the event of delay or non-performance due to force majeure as recognised under French case law.
• The games sold comply with French regulations. The Customer is solely responsible for checking their compliance with the laws of their country.

ARTICLE 10 – Personal data protection

In accordance with French Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, and with the General Data Protection Regulation (GDPR), GamerPass undertakes to ensure the protection and confidentiality of Customers’ personal data.

1. Collection and use of data

The information collected is strictly necessary to:

• Process orders and ensure their follow-up.
• Issue invoices and comply with legal obligations.
• Improve user experience and offer personalised services.

Such data may be shared with trusted partners involved in the execution, management and payment of orders.

2. Security and confidentiality

The processing of personal data via the GamerPass Site complies with legal standards on information security and protection.

GamerPass implements technical and organisational measures to ensure confidentiality and integrity of data.

3. Customer rights

Under national and European regulations, the Customer has the following rights over their personal data:

• Access: consult the information held by GamerPass.
• Rectification: modify or correct inaccurate data.
• Objection: refuse the use of certain data.
• Portability: retrieve their data in a structured format.
• Restriction of processing: temporarily limit the use of data.

The Customer may exercise these rights directly from the GamerPass Site, in the section dedicated to personal-data management.

ARTICLE 11 – Intellectual property & Image rights

All content available on the GamerPass Site (texts, images, logos, graphics, videos, audio elements, etc.) is the exclusive property of GamerPass and its partners.

This content is protected by French and international intellectual-property laws.

🚫 Any reproduction, distribution, modification or exploitation, in whole or in part, without prior authorisation, is strictly prohibited and may constitute counterfeiting, subject to legal sanctions.

ARTICLE 12 – Hardship (unforeseeability)

Pursuant to Article 1195 of the French Civil Code, if an unforeseeable event beyond the parties’ control occurs after conclusion of the contract and results in excessive economic imbalance, the affected party may request a renegotiation of the contract terms with its counterparty.

If negotiations fail, the parties may agree to terminate the contract or apply to a court to adapt the performance terms.

ARTICLE 13 – Force majeure

Neither party shall be liable for delays or failures in performance in cases of force majeure as defined by Article 1218 of the Civil Code.

Such events may include, without limitation:

• Natural disasters
• Pandemics
• Armed conflicts or social unrest
• Major IT failures
• Government decisions preventing contract performance

In the event of force majeure, performance of obligations is suspended for the duration of the event, without penalties for either party.

ARTICLE 14 – Governing law & Language

These General Terms and Conditions of Sale (GTC) and all operations arising therefrom are governed exclusively by French law.

📜 Official language: these GTC are drafted in French. In the event of translation into one or more other languages, only the French version shall prevail in case of dispute.

ARTICLE 15 – Disputes & Resolution methods

In the event of a dispute relating to the application, interpretation, performance or termination of these GTC, and failing an amicable solution between GamerPass and the Customer, the dispute shall be brought before the competent courts in accordance with the rules of ordinary law.

1. Recourse to mediation 🏛️

The Customer is informed that, in case of complaint, they may resort to conventional mediation or any other alternative dispute-resolution method (e.g. conciliation).

GamerPass adheres to the CM2C mediation service, available via:

• 🔹 Online: File a dispute
• 🔹 By post: CM2C, 14 rue Saint-Jean, 75017 Paris (France)

2. European Online Dispute Resolution platform 🌍

Pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission provides an online dispute-resolution (ODR) platform enabling out-of-court settlement of disputes between EU consumers and professionals.

👉 Access the platform: ec.europa.eu/consumers/odr

3. Direct contact with GamerPass

If you wish to report a problem or ask a question, you can contact us by e-mail:

📧 pro@gamerpass.store

ARTICLE 16 – Pre-contractual information & Customer acceptance

Before placing any order on the GamerPass Site, the Customer acknowledges having received, clearly and comprehensibly, all essential information listed in Article L.221-5 of the Consumer Code, in particular:

• Characteristics of the games: detailed description depending on the medium used.
• Price & associated costs: price of the games and any ancillary costs (delivery, etc.).
• Delivery time: date or period for availability of the games by GamerPass.
• Identification of GamerPass: contact details (postal, telephone and electronic) and company information.
• Statutory & contractual warranties: Customer rights and terms of application.
• Features & compatibility: for digital content, including interoperability.
• Dispute-resolution methods: possibility of mediation in case of dispute.
• Right of withdrawal: conditions, time limits and procedures, as well as the model withdrawal form.
• Essential contractual terms: termination, payment and other legal aspects.
• Accepted means of payment.

Customer commitment

🚀 Any order placed on the GamerPass Site implies full and unconditional acceptance of these General Terms and Conditions of Sale (GTC) and commits the Customer to pay for the games ordered.

📌 The Customer expressly waives reliance on any contradictory document, which shall be unenforceable against GamerPass.

ANNEX – PROVISIONS RELATING TO STATUTORY WARRANTIES

Statutory conformity warranty (Consumer Code)

📌 Article L217-4: The seller shall deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery, including those arising from packaging, assembly instructions or installation where these fall under the seller’s responsibility.

📌 Article L217-5: Goods conform to the contract if they:

• ✔️ Are fit for the usual purpose of goods of the same type and:
• • Match the description given by the seller and possess the qualities presented as a sample or model;
• • Present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative (advertising, labelling);
• ✔️ Or meet the characteristics agreed by the parties and any specific use sought by the buyer, made known to the seller and accepted by the latter.

📌 Article L217-12: ⚠️ The buyer has 2 years from delivery of the goods to take action for lack of conformity.

📌 Article L217-16: Where the buyer requests a repair under warranty, any period of immobilisation of at least 7 days extends the remaining warranty period by the same length. This extension starts from the request for intervention or the availability of the goods for repair.

Warranty against hidden defects (Civil Code)

📌 Article 1641: The seller is liable for hidden defects that render the goods unfit for their intended use, or that so diminish such use that the buyer would not have acquired them, or would have paid a lesser price, had they known of the defects.

📌 Article 1648, paragraph 1: ⚠️ The buyer has 2 years from discovery of the defect to bring an action in court.