GENERAL TERMS AND CONDITIONS OF SALE

From 01/06/2024

ARTICLE 1 - SCOPE

The present General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales made by the Vendor with non-professional purchasers ("the Customers or the Customer"), wishing to acquire the products offered for sale (“Products”) by the Vendor on the website .https://www.eskap.fr. The Products offered for sale on the site are as follows:

Game codes for playing an outdoor escape game via a mobile application. The mobile application is available free of charge on the App Store and Play Store.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://www.eskap.fr which the customer is obliged before ordering. The choice and purchase of a Product is the sole responsibility of the Customer.

These General Terms and Conditions of Sale are accessible at all times on the site https://www.eskap.fr and shall prevail over any other any other document. The Customer declares that he has read these and have accepted them by ticking the box provided for this purpose to this effect before proceeding with the online ordering procedure on the https://www.eskap.fr site. Unless contrary, the data recorded in the Vendor's computer system constitute proof of all transactions concluded with the Customer.

The Vendor's contact details are as follows:

- Eskap, SASU with a share capital of 1,000 euros, registered with the RCS under number 929 101 749, 45 rue basse du château 73000 Chambéry, France

- E-mail : contact@eskap.fr

- Telephone: 07 67 21 20 31

ARTICLE 2 - PRICE

The Products are supplied at the current prices shown on the site https://www.eskap.fr, when the order is registered by the Vendor. Prices are in Euros, displayed with and without VAT. Prices take into account any discounts granted by the Vendor on the site https://www.eskap.fr. These prices are firm and non-revisable during their period of validity but the Vendor reserves the right, outside their period of validity, to modify prices at any time.

The payment requested from the Customer corresponds to the total amount of the purchase. An invoice is drawn up by the Vendor and sent to the Customer by e-mail upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select on the site https://www.eskap.fr the Products that they wishes to order, according to the following procedures:

The Customer chooses the number of players (from 2 to 6). They will then enter their email on the payment page. This e-mail will serve to receive the game code. They will then pay by card or Apple Pay/Google Pay via our secure partner Stripe.

The sale will be considered valid only after payment in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the site https://www.eskap.fr constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order.

ARTICLE 4 - PAYMENT TERMS

The price is payable in in full by the Customer, upon the placing of the order by the Customer, according to the following terms as follows:

- payment by credit card

- payment by Apple Pay

- payment by Google Pay

Payments made by the Customer will only be considered as definitive only after effective collection of the sums due by the Seller.

The Vendor shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the in full in accordance with the above conditions.

ARTICLE 5 - DELIVERY

Products ordered by the Customer will be sent by e-mail within a few minutes of receipt of payment.

Delivery is constituted by the transfer of the Product to the Customer, by e-mail. Except in special cases, the Products ordered will be delivered in a single e-mail.

The Vendor undertakes to use its best efforts to deliver the products products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 24 hours after the indicative delivery date, for any reason other than force majeure or the Customer's own fault, the sale may be cancelled at the Customer's written request under the conditions L216-2, L 216-3 and L241-4 of the French Consumer Code. After this period, and in the absence of compliance with these formalities, the Products will be deemed to be in conformity and free of any defects, and no claim may be validly accepted by the Vendor.

The Vendor will refund or replace, as soon as possible and at its own expense at its own expense, any Products delivered for which defects in conformity or have been duly proven by the Customer, under the conditions duly proven by the Customer, in accordance with Articles L 217-4 et seq. of the French Consumer Code and those set out in the present these GTS.

Delivery is deemed to have taken place as soon as the game code is sent by e-mail.

It is the Customer's responsibility to verify that they received their game code by email. The Customer has a period of 14 days from the date of delivery to make any claims.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Vendor to the Customer occurs only after full payment by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with article L. 221-18 of the French Consumer Code, the Customer has the right to withdraw from the contract, which may be exercised by sending an e-mail to contact@eskap.fr or by sending a letter addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GCS.

The Customer has 14 days from receipt of the Products to exercise to exercise their right of withdrawal without having to justify their decision or to pay a penalty.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

Products supplied by the Vendor are covered by right and without additional payment, independently of the right of withdrawal right of withdrawal:

- the legal guarantee of conformity, for Products which are apparently defective or not corresponding to the order.

- the legal warranty against hidden defects resulting from a defects affecting the products delivered and rendering them unfit for use.

Legal warranty provisions

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is responsible for any lack of conformity at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation the contract or was carried out under his responsibility.

Article L217-5 of the French Consumer Code

“The good is in conformity with the contract: 1º If it is fit for the use normally expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities presented to the buyer by the seller in the form of a sample or model sample or model; - whether it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular representative, particularly in advertising or labelling; 2° Or has the characteristics defined by mutual agreement between the parties the parties or is fit for any special purpose sought by the the buyer, brought to the seller's attention and accepted by the latter. accepted by the seller.

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that the buyer would not have purchased it, or would have paid a lesser price for it, had he known of them.

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of purchase or repair of a or repair of a movable good, a repair covered by the warranty warranty, any period of immobilization of at least seven days days will be added to the remaining warranty period. This period runs from the date of the buyer's request for intervention of the purchaser's request for service, or from the time the goods in question is made available for repair, if this occurs after the request.

In order to assert his rights, the Customer must inform (e-mail or letter) of the non-conformity of the Products or of the non-conformity of the Products or of the existence of hidden discovered.

The Vendor will reimburse Products under warranty that are deemed to be non-conforming.

The Vendor shall not be held liable in the following cases following cases:

- non-compliance with the legislation of the country in which the products which it is the Customer's responsibility to check.

- in the event of misuse, use for professional purposes, negligence on the part of the Customer, or in the event of normal wear and tear, accident or force majeure.

- in the event of an accident while using the mobile application (fall, injury, collision with a vehicle, etc.).

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale and delivery of the Products. This personal data is collected for the sole purpose of executing the sales contract.

9.1 Collection of personal data

The personal data collected on the site https://www.eskap.fr is as follows:

When the Customer places an order for Products: Name, country of origin of origin (for VAT calculation purposes), consent to the present GTCs terms and conditions and privacy policy, and e-mail address (for sending sending the Products)

For the payment of Products offered on the site https://www.eskap.fr, the payment provider “Stripe” records financial data the Customer's / User's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Vendor and its co-contractors to ensure the efficient sale and delivery of the Products. products. The category(ies) of co-contractor(s) is (are) :

- Payment institution providers (Stripe)

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, of the French Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

The Customer's personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be known that the Internet is not a completely secure environment, and the environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Enforcement of customer and user rights

In application of the regulations applicable to personal data, customers and users of the site https://www.eskap.fr are entitled to update or delete their personal data in the following ways by sending an e-mail to contact@eskap.fr.

- They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller “.

- They may exercise their right of access to the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.

- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.

- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the to the address indicated in article 9.3 “Data controller”.

- They may also request the portability of data held by the Vendor to another service provider.

- Finally, they may object to the processing of their data by the Vendor.

These rights, if they do not object to the purpose of the processing may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must reply within a maximum of one month. In the event of refusal to grant the customer's request, reasons must be given. The Customer is informed that in the event of refusal, they may lodge a complaint to the CNIL (3 place de Fontenoy, 75007 PARIS) or to a judicial authority.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site https://www.eskap.fris the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the transactions arising therefrom are governed and subject to French law. These GCS are drafted in French language. Should they be translated into one or more in one or more foreign languages, the French text shall prevail in the event of a dispute.

ARTICLE 12 - DISPUTES

For all claims, please contact customer service at the Vendor's postal or e-mail address indicated in ARTICLE 1 of these of these GTS.

The Customer is hereby informed that they may in any event have recourse to conventional mediation, with existing industry mediation or any other alternative dispute resolution method (e.g. conciliation).

The customer is also informed that they may also have recourse to the Online Dispute Resolution (ODR) platformhttps://webgate.ec.europa.eu/odr

All disputes arising from sales and purchase transactions concluded in application of these GCS and which have not been amicable settlement between the seller or through mediation, will be submitted to the competent courts under the conditions of common law.