Presentation
Auction-Gaming.com is a private auction website with optional direct buying, specialized in video game products and other multimedia products, opened to the general public from 07 PM to 12 AM and 3 days / 7, on Tuesday, Thursday and Sunday nights and subject to any technical issues the website might overcome, the length of the auctions and the periodical closure of the website for technical maintenance.

This website is the single and exclusive property of Auction Gaming SAS Company, with headquarters located at 5 Rue Couprie 92120 MONTROUGE, FRANCE with a legal registration at the CNIL under the registration number 1713665.

These General Terms and Conditions aim at defining and settling the condition of use of the services offered by Auction-Gaming.com, called “the website” or “the system” and the condition of use of the “service” by the user.

Any access or use of the website www.auction-gaming.com implicates the full agreement and respect of all the arrangements written in these General Terms and Conditions of use and their unconditional agreement. They therefore constitute a service providing contract and/or a selling contract between the company and the user.

In case the user does not want to agree to all or part of these General Terms and Conditions, he must not use and to renounce to any of the provided services.

In case the user who is already a subscriber or an occasional user does not agree with the written conditions above, this one will not be able to use the website or its functionalities any more.

Vocabulary
GENERAL TERMS AND CONDITIONS: The General Terms and Conditions are defined by the company (Auction Gaming), and are rules to be followed concerning the use of the website Auction-Gaming.com.

COINS: the coins are virtual rights to bid sold by the company based on modalities displayed below in these General Terms and Conditions, or that can be obtained for free, trough sponsorship of another user when registering (if the website allows it, depending on the commercial and marketing strategy adopted by the company), trough bonus codes or gained owing to periodical free top ups provided by the company. By virtue of their nature, the coins are not considered as the user’s property; by this mean they are not assignable.

AUTO-AUCTION (Schedule an auction): is the automatic function allowing the user to set up an auction that will be later activated at the time of the auction by the system (also called the server or the website). The auction will be placed by the system for the user account, from and for his account, following the configuration preliminary defined by the user.

AUCTIONS: an auction is the action of selling the product based on precise stated condition trough these General Terms and Conditions.

AUCTIONS WON: the auction is announced “won” by the current winner, if and only if, he has been designated as the winner of the auction once the timer ends and after all information has been checked by the system.

CURRENT WINNER: the user who will become Winner of the auction if no one else auctions manually or through an automatic auction, before the timer ends and based on the General Terms and Conditions displayed in the section relative to the auctions.

SELLING PRICE AUCTION GAMING: this is the selling or retail price of the product offered by the website and which indicated to the user the official retail price of the product in case he might want to purchase it immediately without going through an auction.

RESERVE PRICE: this is the minimal price (expressed in percentage). Below this price, the auction will not be awarded to the auction winner. As soon as the auction reaches 2% (superior or equivalent) of the selling price defined by the website Auction Gaming.fr and the company Auction-Gaming SAS, the auctioned product can be awarded to the current winner when the timer ends.

END OF THE AUCTION: an auction ends when the timer reaches 00:00 and after the required checking time by the system; once this last verification is carried on, the actual winner (if no one auctioned during the timer delay) becomes the auction winner. After verification if the reserve price is reached, the product will be awarded to him. He will then be informed by means of an awarding or non-awarding email.

IMMEDIATE PURCHASE: it’s a functionality allowing the user to deduct the used coins from the retail price defined by the company Auction-Gaming SAS, and allowing him that way to purchase immediately the product, paying the price difference with a valid mean of payment.

AWARDING: this is the end of the selling, formalised by the awarding email confirming to the current winner that he is the auction winner.

GAMER PANNEL (My account / Control panel) : this is the personal virtual private space which appears and pertain to the user once he logs in the server using his password, his account name or when he connects trot eh server using his Facebook account, to be able to fully use the website functionalities This private space gathers all the personal information of the user as well as the coins purchase function, his card (products he wish to immediately purchase, auctions won), historic of all purchases realised as well as the remaining coins available.

RANKING: it is the user’s status on the website allowing him to benefit from advantageous purchase condition gained from previous purchased realized on the website.

TIMER: it is the remaining time until the auction ends, which do not include the necessary verification time needed by the system, neither the awaiting time needed to make the website fully efficient while in the opening and closing hours. When the website is closed, the timer is automatically extended with the additional time left until the next website opening (except another specification in the auction details).

THE USER: the user is a physical person, aged at least 18 years old, fully legally responsible of its actions and decisions, registered on the website and with access to his personal account. This person is identified by his name, surname, and date of birth or via his Facebook account. For more explanation, please refer to the corresponding section.

Field of application
To open an account on this website you must fully agree to the General Terms and Conditions. To avoid any litigation, we advise you should keep an updated copy of these General Terms and Conditions.

Change of General Terms and Conditions
The company Auction-Gaming SAS save itself the right to change these General Terms and Conditions at any time (to modify, change or add any information to these conditions) to its own discretion and without having to inform any users of such changes. The user is responsible of keeping himself updated about these General Terms and Conditions.

Conditions to register
Registration is free, but however only reserved to physical person, aged at least 18 years old, fully legally responsible of its actions and decisions, registered on the website and with access to his personal account, with whom the company Auction-Gaming SAS has not terminate, or suspend the account due to a failure of following product moral standards and non-agreeing or failing to follow these written General Terms and Conditions.

Use of the website is reserved for natural persons residing in The European Unions, United kingdom, United State, and Canada. If the auction winner do not reside I one of the below listed countries, the delivery fees will be charged to him.

If the an user, who has be unregistered previously due to a failure of following product moral standards and non-agreeing or failing to follow the written General Terms and Conditions, attempt to create a new account on the website, this one will be suspended without further notice, the user will lose all cons accumulated on his account as a result of a contractual fraud of the General Terms and Conditions.

Personal data entered in the registration form must pertain to the user and must be true. Mainly the first name, surname, date of birth and address must be conform to the ones mentioned on his ID card or another identification document. The company Auction-Gaming is not responsible if the data given by the user are incorrect or false. However it will be possible to change the address details once registered.

The user must save on the long term all the information on the transactions realised, so they could be used in case of litigation to request a refund. The non-respect of this obligation is considered as an agreement to the data archived on the website.

Please keep in mind that the registration is considered legally as a full agreement of all the rules and obligations listed in these General Terms and Conditions.

When registering the user should check the accuracy of the information entered in the fields, First name, Surname, Address, City, Postal Code, Title (Mr, Mrs, Miss) and he must hold a valid and personal email address.

Once all these fields are filled in, the user will once again have to confirm accuracy of the information given. Once all information is checked, he user will received an email with a link to redirect him to the website in order to finalize his registration.

When registered he will be asked if he has a promotion code or if he has a sponsor to make him benefits from additional points (here the “coins”). In case he forgets to fill out ne of this field, the user will has no right to claim the points later on.

Once the registration to the website is validated and the user account activated, the user will be able to use all the website functionalities, depending on the coins available on his account.

Any participation to the website must be loyal, meaning all the users must sustain to all the checks carried out by the company whenever requested.

It is strictly forbidden to a user to auction for another user benefit or to use another user’s account to realize a transaction. The use of the website is private and individual, and only one person can be the owner and user of one unique account.

The same way, it is forbidden to a user to change in any ways the arrangements of this present terms and condition, or to try modifying the website functionalities in order to impact the outcome of an auction as well as the auction’s winner identity.

The company keeps back the right to suspend or temporarily or definitely suppress at any time a user account if the user do not follow the arrangements listed, resulting from a periodical or spontaneous check-up.

The website Auction-Gaming.com is a private web site for non-Professional and non-commercial individual only. The website access is forbidden to :

- Minors
- Adults with disability (or equivalent social classification)
- Professionals and sales people
- Legal personsbr> - Persons who violate the General Terms and Conditions and with forbidden access to the website temporarily or definitivlye after the company’s decision
- Persons with no valid mean of payment

The minimal technical configuration (software) to access the website is an internet browser graphic with JavaScript installed and a protocol of secured exchanges SSL which must be activated.
In case of a non-secured protocol of data exchange from the user, the company is not responsible of any thief or frauds committed trough impersonation of users or any others misdemeanour resulting from it.

Each user is fully responsible of securing his personal data and must not share any of his private information with a third party. Each account is private and individual.

The password is encrypted in our database and therefore must not be requested from the company.

At the registration time on the website, the password must be composed of at least 8 alphanumerical typefaces, with one majuscule then at least one numerical typeface.

Account closure or suspension :
Following the arrangements of these General Terms and Conditions, any fraudulent behaviour will be punished with a final closure or temporarily suspension of an account.

To carry on its check-up, the company can require from all the users any document she believes is necessary to confirm the user identity. Any violation noticed against the website or a user (example: hacking) can lead to legal proceedings.

Therefore all operations that might violate the auctions will be punished.

The closure of an account results in the definitive loss of all the coins available on the account as a sanction with no possibility of claiming them back.

Please remember the registration of the user on the website is conditioned by the full agreement to the General Terms and Conditions. The company keeps back the right to change, close or suspend any client who could detract the website proper functioning or product moral standards. Each decision will be validated trough an email detailing the motives.

Membership sponsor
At each new user registration, he has the possibility to invite his contacts to join him on the website and benefit from advantageous promotions. Depending on the commercial and marketing strategy of the company the modalities to benefit from these promotional codes, are detailed in the «Sponsorship» section accessible on the website (www.auction-Gaming.com/sponsorhip).
This information can be modified at any time by the company.

Auction
Auction-Gaming.com is a private auction selling website with optional direct buying. It does not match the characteristics of a simple auction website as each person registered can purchase a product at thee for sale on the website. Therefore the coins used to participate to auctions are deducted from the final selling price allowing each user to benefit from the products they auctioned on, of course if and only if the products are available on the website.

Keep in mind that the user registered on the website fully agrees to these rules and must commit to use the services in this only objective.

BY USING THE SERVICES OFFERED BY THE WEBSITE YOU ACKNOWLEDGE THE COMPANY ADVISE YOU TO ONLY USE THIS WEBSITE IF YOU HAVE VALID MEANS OF PAYMENT ALLOWING YOU TO PURCHASE THE PRODUCTS ON SALE WITH A FIXED AND FINAL PRICE STATED ON THE WEBSITE.

The website is opened to the general public from 07 PM to12 AM UTC+1 (Paris time), 4 days / 7, on Wednesday, Thursday, Friday, Saturday and Sunday. It is only possible to acquire products at these times.

The website is a private sale one, meaning only the registered user can use the functionalities of the website.

Each user has his personal interface, Gamer Panel where he check the balance of coins available on his account, to know his «ranking», acquire other coins on the website or check out his shopping bag.

The timer is managed by the company; it can vary from 15 seconds (fifteen) to 90 seconds (ninety). each time the user clicks on the button “Auction” his coins balance will be lessen 1 coin and therefore the value of the product be augmented of 1 cent so 0.01€ (1 cent), as well as for each user using the Auto-Auction function.

Only the users who have coins can auction on a product. If they do not have any, they can purchase coins on the website by accessing the reserved purchase section (only available to the registered user who has an account activated on www.auction-gaming.com/Coins. Here are the prices :

Price range of coins packs available on the website Auction-Gaming

10 coins : 5$ (5 dollars)
20 coins : 9$ (9 dollars)
50 Coins : 21$ (21 dollars)
100 Coins : 41$ (41 dollars)
200 Coins : 79$ (79 dollars)
500 Coins : 185$ (185 dollars)

Due to the appealing aspect of the website and in order to protect the consumer, the website impose a limit by user and by category of sold product to every two days (two days) so 48H (forty eight hours). For technical reason, this limit will not be activated during the 2 first months of the website opening.

Auctions are organized under 4 categories: Pack of Coins, Game Console, Video Games and Computers.

Example :
The user “Serious Gamer” bought coins and auctioned on an Xbox (under the category «Game Console» and after he received the awarding email, he has been designated as the auction winner. The auction ended at 12h03 (Paris Time) on 10/02/2013 and therefore he will not be able to place another auction on a game console before 12h03 on 12/02/2013. However in the meantime he still can bid on the other categories (Games, Computers and Pack of Coins) following the limit of one product by category.

Satisfied or Your Money Back.
This offer is valid only for purchases made with effect from February 1st, 2015 and cannot be applied retroactively. This offer is applied for the first purchase made by the user, and only if he/she did not use more than 20% of the coins of his/her first purchase. For example: A user buys a 50-coin pack and only uses 10 coins. He could decide to use this offer to get his money back. In order to get reimbursed, the user just has to send a request to the support. As long as all required conditions are met, the payment will be made by 48 hours on user’s Paypal or bank account (if RIB and IBAN have been communicated).

Winning restriction
In order to prevent any addiction this website may cause, a winning restriction has been implemented. Registered users can win until 4 auctions per week (7 days).

Immediate purchase
To not prejudice the regular clients and to allow the articles on sale on the website to be purchased, the client has the possibility to deduct the coins used on a product to acquire it. The value of the «Coin» depends on the purchase (€ spent on the website) realized by the client since his registration meaning the activation of his account. The price will always be round up to the upper cent.

Example :
Consider the user “Serious Gamer” who wants to purchase a product for which he auctioned 35 times (meaning he augmented the product value of 35 cents).

When registering on the website he benefited of 3 free. Then he purchased 1 pack of 20 coins at 17€ then 2 packs of 10 coins at 9€ and 3 packs at 5 euros.

His total coins balance is 3+20+2*10+3*5 = 55 Coins. He spent 17+2*9+3*5 = 50€.

The value per coins is therefore 50/55€ = 0.9090909 round up to 0.90€.

By raising the bid 35 times, the user will be able to reduce the article price of 35*0.90€ so = 31.50€ deducted of the article price.

If he wants to immediately purchase the product, all fees will be charged to the user or auction winner. (Transportation fees, customs etc…).

Following the awarding email informing a user that he is the auction winner, he has 48H to pay the final price of the product depending on the price the auction reached. If not, the product will be on sale again without any possibility for the winner to claim it later.

Following the awarding email, the product is therefore awarded to the auction winner who has received the email and is placed in his shopping cart with the final price he will have to pay, allowing him to finalize the transition with one of the valid payment mean accepted on the website.

It is advised to each registered user to have a Paypal account in order to facilitate the payments of the products purchased on the website, allowing more secured transactions.

Given the number of people who can use the functionality of the auction, meaning people who can use coins to raise the value of the product of one cents by biding, and in order to not prejudice the other users of the website, the company is committed to provide to the first and second bidder on the product, if none of them is the auction winner when the timer ends, the possibility to collect back between 20% et 10% of their coins.

If the price showed under the product after the coins are used does not 2% (two percent) of the product’s value (Sale price Auction Gaming, the user designed as the auction winner will receive un email informing him the sale cannot be validated and all his coins will be refunded. Therefore to not prejudice the user who went until the timer ends, he will get back all the coins he used on the auction.

Due to the technical difficulties linked to maintenance of such a website, and the plural web browser which can access it, please note that once the timer reaches 00:00, the server will automatically carry on a check-up during 5 seconds (five) in order to not prejudice the users who are bidding on a product. This will be a latency period and will avoid any dysfunction in order to determine clearly and avoid any flaws concerning the final outcome of the auction. During that check-up it will still be possible for the users to bid on the product.

This check-up is to confirm the website functions properly and that the synchronisation with the server is taken is to account for each user who bid before the timer ends, meaning before it reaches 00:00.

If there is any issue encountered on the website like a bug or another malfunction of the same nature, the website is not responsible of any damage caused to the user but is however committed to fix the technical problems.

According to the article L442-10, the company Auction-Gaming, is committed to provide all the technical specificities, condition and purchase modalities accepted by the company. At the end of the auctions, the auction winner’s identity is made public.

However anyone registered on the website and who took part in an auction without winning it can request the winner’s identity. He will have to address his written request by mail to 5 Rue Couprie 92120 MONTROUGE, France.

If the winner of the auction does not claim his product, no one will have to as the product will then be considered for a new auction.

Special auctions
In order to allow everyone registered on the website to benefit from the advantages this website offers there will be 3 types of “special” auctions.

Special "Beginner": this type of auction is reserved only to the users with «Rooky» rankings. They will be characterized by the mention «R» written below the product picture.

Special "No Auto-Auction": for this type of auction, there will be no possibility to use the automatic bid function. The only way to participate to the auction will be to bid manually. They will be characterized by an AA crossed out.

Special “At Level Max”: for this type of auction, a maximum price is fixed by the company; this price defines the limit of an auction. The last user to bid on the product and reaches the fixed price or who bids right before the timer ends while the product has already reached the fixed price will be considered as the auction winner.

Payments – accounts top ups
It is possible for any user registered on the website and who doesn’t transgress these terms and condition, to top up their account meaning purchase additional coins and raise his coins balance. The payment mean accepted on the website are Paypal, debit and credit cards and "Allopass" payment system.

It is also possible to directly purchase a product by paying the sale price offered on the website, using the function “Immediate purchase”.

Conditions of sale and Purchase
According to the arrangements of the article L111-1, the company is committed to display to the user the sale price of the products when an auction s presented, as well as the product description and its technical specificities.

Ranking
Keep in mind the “Ranking” system provides advantageous commercial promotions when purchasing coins. The rules as well as the modalities of this system are explained in the “Ranking” section available on www.auction-gaming.com/Ranking.

Products availability
The company can offer some products exclusively, meaning in pre-order option. Once the product is on sale, it will be mentioned on the products description.

When these products are on sale, the delivery time starts from the date of official availability of the product.

Example :
The product “Wipeout” (in the video games category), which will be officially available on 20th September 2014, is available on the website on 10th august 2014. The user “Serious Gamer” wins the product, and he is awarded the product. Then the website has legally of 30 days to fulfil his legal obligation meaning to deliver this product. In the other case, we are committed to fully refund the buyer.

Claims
Every user can request at any time to have his account deleted and his personal data to be erased. He will then be unregistered front the website, but for legal reasons these data will be kept securely on our servers.

Promotional codes
During commercial operations, the website will set up promotional codes via codes usable when topping up the accounts. These operations are limited in time. They will be detailed when these offers will be set up as well as the conditions to benefit from them.

Responsibility
The company is not responsible for any matter relative to the safety of the user’s account. Indeed the passwords are encrypted in our databases and we do not have any access to them. Therefore each user is the only owner and responsible of his account.
Using fraud to access a user account will result in the suppression of the violator.

Privacy
The data entered by the user while registering to the website are private. The website respect the right to privacy of the clients, however, in case the client, when he is registering (via the checkbox), authorize us to communicate his data to later enjoy commercial offers from our business partners, these will be communicated to our business partners.
If you are paying by credit card, please note we do not keep any data relative to the credit cards in our database.

Personal Data
At any moment, the user can request from the company to have his account deleted from the website. In that condition, given the legal arrangements, we are committed to keep this data on our server: fraud fighting, provision of auctions historic, responsibilities in case of any malfunction on the website.

Following the arrangements prescribed by article L442-10, the company is committed to communicate all the descriptive elements describing any products on sale, and at the end of the auction to communicate the identity of the auction winner, unless the winner sends a written request to 5 Rue Couprie 92120 MONTROUGE, FRANCE.

Therefore the company is committed to keep all the necessary data concerning the proceedings of the auctions and to make them available to the competent and relevant authorities in case of dispute or other misdemeanour fact.

Accordingly to the applicable rules, the company does not keep any banking details of the clients neither any credit or debit card details, neither memorization of bank account details.

Right to retract
Following the arrangements written in the article L121-20, the consumer has the right to retract from any decision within 14 days without having to justify it or pay any penalties, the other case, he will have to take in charge the returning fees. This delay starts as soon as the product is delivered.

Warranties for the user
The commercial warranty offered to the buyer takes on the form of a written agreement available to the buyer. This form contains the details on the warranty, the elements necessary for it to be triggered, its length, its geographic limits as well as the name and address of the warrant.
The warranty form mentions that, independently from the accepted warranty, the seller is fully responsible of insuring the products compliance to the offer in the contract and of the unacceptable flaws in the conditions set up in the articles 1641 à 1649 of the civil code.
It fully reproduces and details the articles L. 211-4, L. 211-5 and L. 211-12 from the present code as well as the article 1641 and the first paragraph of the article 1648 from the civil code
In case of non-respect of the following arrangements, the warranty stays valid. The buyer has the right to claim it.

Final clauses
The company Auction-Gaming as well as the website follow the French law regulation and respect all its clauses and arrangements, or legal judgment, issued by the relevant authorities (Relevant Courthouse). The registration on the website is subject to the immediate and unconditional agreement of the using General Terms and Conditions.