ARTICLE 1 : INTRODUCTION

You are currently connected to www.zallag.com. Our online store sells downloadable games and comic books and is managed by Nexway.

The Terms and Conditions of Sale detailed below (hereinafter referred to as the “Terms and Conditions”) govern the contractual relationship between any user of the website (hereafter referred to as “User” or “You”) and the S.A. Nexway, with a capital of €1,017,160 whose main office is located at 1 Blvd des Bouvets, 92741 Nanterre, France (hereinafter referred to as “Nexway”) and registered in the Trade and Companies Register of Nanterre under the number B 440 953 859.

These Terms and Conditions of Sale are the only ones applicable and replace all other conditions, unless previously agreed otherwise in writing. Nexway can be promptly brought to amend certain provisions of its Terms and Conditions; also it is necessary that they be reread before each visit to the website. These amendments are binding as from their on-lining and cannot apply to contracts concluded earlier. Each purchase on the website is governed by the Terms and Conditions applicable at the date of the order. We believe that while validating your order, you accept without reserve our Terms and Conditions of sale after having read them.

By accessing the website you agree to the Terms and Conditions and to the Terms of Use contained therein.

ARTICLE 2 : PRICE

The sale prices listed on the website are in Euros (€) and with all taxes included, unless otherwise noted. Within the framework of an order of box, the possible delivery charges are indicated to the User during his choice of products and are billed to him at the end of the order in addition to the price of the selected.

You will notice that for the European Union prices appear in Euros on the website but also in the currency of the shipping country for information, not that it has any contractual value.

Nexway refuses any liability for any errors or inaccuracies in the conversion system used, nor any differences that might occur between the total estimated value of your order and the billing amount.

We reserve ourselves the right to change our prices at any time but we are committed to apply the prices in force that were indicated on the website at the time of your order.

ARTICLE 3 : ORDER

The orders are carried out exclusively on the Internet through affiliated websites or shopping malls managed by Nexway. Access to the service is provided in a permanent way but is subject to periods and maintenance, updates of servers and possible exceptional interruptions.

The customer chooses the acquisition mode of his product on the website. After his selection, a new window, specifying the different methods of payment and the reference code to get the product, appears.

Nexway proposes two acquisition formulas for products sold on its website:

The download
The delivery of physical products on CD packed in boxes

In both cases, you will receive an order confirmation email once your payment has been approved. Delays of approval of the payment vary depending on the method of payment. In no event is Nexway responsible for the delay of approval of your payment.

In the case of an order of software that can be downloaded, you can access your product by clicking on the download link present either directly on the page of accepted payment, or subsequently on the confirmation e-mail. You will then automatically have a period of 14 days during which you can download your product at your convenience. At the end of those 14 days, the download is no longer available; you must then contact customer service at 0892 780 512 (0.34€/min) to be notified of the procedure to follow. You can choose to subscribe to the download extension for one year, which entitles you to download a new copy of your software products at any time and as many times as necessary.

A bill will also be sent or made available on the website.

Contractual information is presented in French and will be subject to confirmation resuming that contractual information. Nexway reserves itself the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.

ARTICLE 4 : VALIDATION

You certify that you have read and accepted these terms and conditions of sale before the placing of your order. The validation of your order is thus worth the acceptance of these Terms and Conditions of Sale. Unless proved otherwise, the data recorded by Nexway constitutes evidence of all the transactions made by Nexway and its customers.

ARTICLE 5 : AVAILABILITY

Our product offerings and prices are valid as long as they are visible on the website, within the limits of available stocks. The deadlines for data transmission estimated for the download of a product are only an indication, and any delays shall not entitle the purchaser to cancel the sale, to refuse the goods or to claim damages. Any claim for nonconformity or missing in the delivery of a product, either by downloading or by mail, must be sent within one week after receipt of the product.

You will notice that we will honor your order within the limits of our available stocks. In the event of unavailability of a product after you place your order, we will notify you by e-mail or by mail upon receipt of the information received by the suppliers. This information comes directly from our suppliers, errors or changes can exceptionally happen.

ARTICLE 6 : DELIVERY

Some products purchased on the website can be delivered in a box if the note is present on the website at the time of purchase. Under such a purchase, delivery can be ensured in Metropolitan France. Your order will be delivered to the address you provided when ordering.

Nexway offers you a delivery through the Colissimo service of La Poste. The cost of this option depends on the selected item.

ARTICLE 7 : TAX REDUCTION

Any product delivered electronically to an individual from a country member of the European Union to another country member of the European Union will automatically be subject to the VAT of the issuing country in this case France. Only customers foreign to the European Union will be charged duty free, the statement being at the initiative of the product recipient. The companies of countries members of the European Union trading with a partner member of the Union (other than the country in which they reside) must provide their VAT registration numbers to be charged duty free.

ARTICLE 8 : SECURED PAYMENT

Nexway offers several modes of payment: credit card (CC, Visa, Eurocard, Mastercard, Amex) by cheque or transfer or via Paypal.

For payment by credit card, the debit is carried out when your order is shipped with the requirement of obtaining prior permission to debit your account from the competent payment centers, otherwise your order could be not taken into account.

Our partners have so far all the functions needed to manage a service of secured acquisition of payment over the Internet. The integrity of the data exchanged is ensured by the exchange procedure and the integrity locking of the messages through the use of SSL and SET technology.

Their use does not require prior loading of software on your drive. The system transmits to the server of our partners answer codes compliant to the standard IS 8583 of the ISO, and in the case of an agreement, a receipt is provided to both parties: the customer and the online retailer. This electronic receipt subsequently allows the validating of the existence of the payment at the request of both parties.

The cryptography means used have been the subject of a statement to the administrative services of the French government.

ARTICLE 9 : RIGHT OF RETURN

Nexway allows you to benefit from 7 days to return a product that you are not satisfied with. You can return within that time the product at your expense with your bill and the return slip duly completed and signed.

For software distributed electronically, the return will be made through a mail on the honor signed by the purchaser, which guarantees the destruction of the program downloaded and installed on his hard disk. In no case can a product be returned without prior agreement.

For software ordered in box, we advise you to return the goods via registered mail or through recorded delivery and to possibly subscribe to insurance from the carrier covering the market value of the products. This is necessary in the event of theft or loss of those goods by their services.

In any case, the return will happen at the expense and risks of the consumers.

Only new and complete products will be accepted returned in their original packaging and addressed to:

Nexway

1 Blvd Amiral Courbet

CS 70002

30020 Nîmes Cedex 1

France

This right of return is carried out without penalty, except for shipping cost.

ARTICLE 10 : RESPONSIBILITY

This contract is subject to the French law. Nexway cannot be held liable for breach of contract, on the one hand in case of an act of God, especially disruption or total or partial strike, including postal services and means of transport or communications, on the other hand in case of fault of the customer.

Nexway could not be held responsible for the consequences resulting from the misuse of products sold on the Website.

ARTICLE 11 : APPLICABLE LAW - DISPUTES

This contract is subject to French law. The language of this contract is the French language. In case of dispute with professionals and/or traders, the courts of Nanterre (France) will be qualified. In case of dispute, the French courts will have exclusive jurisdiction.

ARTICLE 12 : PROTECTION OF PERSONAL DATA

The information you provide is critical for the processing and delivery of orders, establishment of invoices and collaterals. Its absence leads to the cancellation of your order. By registering on the website, you agree to provide us with sincere and genuine information about you.

The submission of false information is contrary to these Terms and Conditions as well as to the conditions of use appearing on the website.

In accordance with the "Informatique et Libertés" (Computing and Freedoms) law, the processing of your information has been the subject of a statement to the Commission Nationale de l'Informatique et des Libertés (National Commission of Computing and Freedoms) (CNIL). Nexway is authorized to collect, process and use information about you. This data is subject to computer processing.

You have a permanent right to access and correct your data, in accordance with European legislation and national laws in force (section 34 of the law of January 6th, 1978). You can, at any time and upon request, change this data by sending us a mail at the following address:

Nexway

Customer Service

1 Blvd Amiral Courbet

CS 70002

30020 Nîmes Cedex 1

France

If you accepted it during your identification on the website, promotional emails (electronic mails) offering new products, destocking offers, exclusives, bargains ... will be sent to you. You can request to no longer receive e-mails from us at any time by clicking on the link provided for this purpose and inserted in the footer of each of the emails that we or one of our partners will send you.

Nexway is the only holder of information about you. If you accepted it during your identification on the website, Nexway and its contractual partners may send you information within the framework of precise and punctual promotional operations. These partners have been specially selected by Nexway and are recognized for the quality of their products and services.

Our website is also designed to be particularly attentive to the needs of our customers. Among others, it is for this reason that we use cookies. A cookie is to signal your visit on our website. Cookies are therefore used by Nexway only in order to improve the customized service that is intended for you.

ARTICLE 13 : RIGHTS OF USE

The Software is protected by the legislation and international treaties for copyright and intellectual property. The sale of software does not, in any case, lead to the transfer of rights of reproduction, representation, exploitation, and more generally of all intangible rights recognized or to recognize which participated in the developing of the software. Therefore, the software should not be copied, adapted, translated, put at the disposal, distributed, amended, disassembled, decompiled, broken up, or used in combination with another software, unless the Conditions Licensing authorize it or if the applicable law provides that such an act is a right which must be contractually adhered to.

However it is generally accepted that the primary user will be able to install additional licenses for his own use, subject to the applicable commercial offers, or to make a second copy for purposes of backup or archiving.

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