GENERAL TERMS AND CONDITIONS OF SALE – GDN GamerPass – CONSUMERS

Article 1 – Scope

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

GamerPass reserves the right to amend these T&Cs at any time. The applicable T&Cs 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 T&Cs prevail over all other terms. They may be supplemented by special terms 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 agrees to these T&Cs by ticking the relevant box before confirming the order.

Article 2 – Orders

1. Product selection: the Customer selects the desired game and adds it to the basket.
2. Basket validation: the Customer checks the contents of the basket and validates.
3. Identification: the Customer signs in or creates an account.
4. Delivery method: the Customer selects the desired delivery option.
5. Payment: the Customer makes secure payment for the order.

GamerPass acknowledges receipt of the order by e‑mail. The sale becomes final after this e‑mail has been sent and the full price has been received.

Article 3 – Prices

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

Article 4 – Payment terms

The price is payable in full by:

• Bank card: Visa, MasterCard, other cards.
• Other means of payment as offered on the site.

The order will only be processed after the payment has actually been received.

Article 5 – Delivery of games and contract term

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

If the delay exceeds one month, the Customer may request cancellation and a full refund within 14 days.

Legal information for GDN GamerPass

• Name: GDN GamerPass
• Legal form: Limited liability company (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 – Right of withdrawal

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

The Customer may return the product(s) ordered or cancel a service contract without giving reasons and without penalties, except for return costs, which are borne by the Customer.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to games, software or digital content if 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 using one of the following options:

1. Withdrawal form:
   • Complete the form on the back of the initial 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. Download the form:
   • Print and complete the form available here: Withdrawal form
   • Send the form by post or e‑mail to the addresses above.
3. From the GamerPass Customer Area:
   • Log in to Customer Area
   • Go to the "GamerPass Account" section at the bottom of the page.
4. Via customer service:
   • Submit a request via Contact us.
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 should be sent to:

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

Refund

If the return conditions are met, GamerPass will refund within 14 days after receipt of the withdrawal request. Only the price of the game is refunded; return shipping costs remain payable by the Customer.

ARTICLE 7 – Termination or cancellation of the order

Right of withdrawal

Under Article L.121‑21 of the Consumer Code, for distance sales (without the parties being physically present at the same time), the Customer has 14 days from receipt of the order to exercise the right of withdrawal without reason or penalties, except for return costs, which are borne by the Customer.

Cancellation by the Customer

The Customer may request cancellation in the following cases:

• Non‑conforming product: if the product received does not match the stated characteristics.
• Late delivery:
  • If delivery exceeds the deadline stated on the order form.
  • If no date is specified, where the product is not delivered within 30 days after the contract is concluded and a request to deliver within a reasonable time remains unanswered.
• Unjustified price increase: if the price increases without justification by a technical change imposed by public authorities.

In such cases, the Customer may request reimbursement of the deposit paid, plus statutory interest calculated from the date of payment of the deposit.

How to exercise the right of withdrawal

The Customer may proceed using one of the following options:

1. Withdrawal form:
   • Complete the form on the back of the initial invoice and send it:
   • By post to:
     SARL GDN / GamerPass
     5 chemin de Daru, 26100 Romans sur Isère, 5 chemin de Daru
   • By e‑mail to: pro@gamerpass.store
2. Download the form:
   • Print and complete the form available here: Withdrawal form
   • Send the form by post or e‑mail to the addresses above.
3. From the GamerPass Customer Area:
   • Log in to Customer Area
   • Go to the "GamerPass Account" section at the bottom of the page.
4. Via customer service:
   • Submit a request via Contact us.
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 should be sent to:

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

Cancellation by GamerPass

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

• The Customer refuses to take delivery of the product.
• Total or partial non‑payment of the price upon delivery.

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

ARTICLE 8 – Liability of GamerPass & Warranty

GamerPass guarantees that the products and services conform to the contract, enabling the Customer to assert rights under:

• The statutory conformity guarantee (Articles L.217‑4 et seq. of the Consumer Code)
• The guarantee against hidden defects (Articles 1641 et seq. of the Civil Code)

1. Statutory conformity guarantee

• Claim period: 2 years from receipt of the product.
• Repair or replacement: subject to the cost conditions in Article L.217‑9 of the Consumer Code.
• No proof required: the Customer does not have to prove the defect within 24 months after delivery.

2. Guarantee against hidden defects

Independently of any commercial guarantee, the Customer may rely on the guarantee against hidden defects (Article 1641 of the Civil Code). In such a case, they may choose between:

• Cancellation of the sale
• A reduction in price (Article 1644 of the Civil Code)

3. Procedure in the event of a defect

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

GamerPass undertakes to:

• repair, replace or refund the game concerned as soon as possible and at the latest within 14 days after validation of the defect;
• make the refund by bank transfer or cheque.

4. Limitation of liability

• The guarantee is limited to reimbursement of the price paid.
• GamerPass shall not be liable for 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 compliance with the laws of their country.

ARTICLE 9 – Protection of personal data

In accordance with French Law No. 78‑17 of 6 January 1978, as amended by Law No. 2018‑493 of 20 June 2018, and 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 in order to:

• process orders and ensure their tracking,
• issue invoices and comply with legal obligations,
• improve user experience and offer personalised services.

This data may be transmitted to 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 the confidentiality and integrity of data.

3. Customer rights

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

• Access
• Rectification
• Objection
• Portability
• Restriction of processing

The Customer may exercise their rights directly on the GamerPass site, in the section dedicated to managing personal data.

ARTICLE 10 – 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 infringement, liable to legal sanctions.

ARTICLE 11 – Hardship

In accordance with Article 1195 of the Civil Code, if, after the contract is concluded, an unforeseeable event beyond the parties’ control occurs which creates an excessive economic imbalance, the affected party may request a renegotiation of the contract terms.

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

ARTICLE 12 – Force majeure

Neither party shall be liable for any delay or failure to perform its obligations in the event of force majeure as defined by Article 1218 of the Civil Code.

Such events may include, without limitation:

• Natural disasters
• Pandemics
• Armed conflict or civil unrest
• Major IT failures
• Government decisions preventing performance of the contract

In the event of force majeure, performance of obligations shall be suspended for the duration of the event, without penalty for either party.

ARTICLE 13 – Governing law & language

These T&Cs and all related operations are governed exclusively by French law.

📜 Official language: These T&Cs are drafted in French. In the event of translation into other languages, the French version alone shall prevail in the event of a dispute.

ARTICLE 14 – Disputes & resolution methods

In the event of a dispute relating to the application, interpretation, performance or termination of these T&Cs, and in the absence of an amicable solution between GamerPass and the Customer, the dispute shall be submitted to the competent courts in accordance with common‑law rules.

1. Mediation 🏛️

The Customer is informed that, in the event of a dispute, they may resort to conventional mediation or any other alternative dispute‑resolution method (for example, conciliation).

GamerPass subscribes to the CM2C mediation service, available via:

• 🔹 Online: Declare 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 allowing the out‑of‑court resolution of disputes between EU consumers and traders.

👉 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 15 – 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.
• Price & associated costs: game prices and any additional costs (delivery, etc.).
• Delivery time: the date or period when the games will be made available by GamerPass.
• Identification of GamerPass: contact details (postal, telephone and electronic) and company information.
• Statutory & contractual guarantees: Customer rights and application terms.
• Features & compatibility: for digital content, including interoperability.
• Dispute‑resolution methods: possibility of mediation in the event of a dispute.
• Right of withdrawal: conditions, time limits and procedures, together with the model 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, unconditional acceptance of these T&Cs and commits the Customer to pay for the games ordered.

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

ANNEX – Provisions relating to statutory guarantees

Statutory conformity guarantee (Consumer Code)

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

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

• ✔️ are fit for the usual purpose of such goods and:
• • match the description given by the seller and possess the qualities presented as a sample or model;
• • have the qualities that the buyer may reasonably expect given the public statements of the seller, the manufacturer or their representative (advertising, labelling);
• ✔️ or meet the characteristics agreed by the parties and any specific use sought by the buyer, provided the seller has been informed and has accepted.

📌 Article L217‑12: ⚠️ The buyer has 2 years from delivery of the goods to act in the event of a lack of conformity.

📌 Article L217‑16: If the buyer requests a repair under guarantee, any immobilisation period of at least 7 days extends the remaining guarantee period by the same amount. The extension starts from the request for intervention or the availability of the goods for repair.

Guarantee against hidden defects (Civil Code)

📌 Article 1641: The seller is liable for hidden defects which render the goods unfit for their intended use, or which so diminish that use that the buyer would not have purchased them, or would only have done so at a lower price, had they known.

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