General Terms and Conditions of Sale

(Updated on 23/10/2024)

1.  Preamble

The company PHILIBERT (hereinafter "Philibert") has developed and operates a Marketplace dedicated to board games and related accessories.

On this Marketplace, Philibert offers its own Products and allows third-party sellers to sell their own Products to end customers.

It is noted that:

• When Philibert sells its own Products, it acts as a Seller to the end Customer;
• When a Product is sold by a Third-Party Seller, Philibert acts solely as a technical service provider and is not responsible for the sale.

These General Terms and Conditions of Sale for the Marketplace (hereinafter the “GTC”) govern all orders for Products offered either by Philibert itself or by Third-Party Sellers.

2.  Définitions

The following terms, when used in these GTC, shall have the following meanings:

• Customer: The individual making a purchase on the Marketplace;
• Order: The purchase of Products by a Customer on the Marketplace;
• My Account Area: The personal space accessible to each Customer on the Marketplace;
• Cart: The set of Products selected by a Customer in a single purchase operation;
• Product: Any tangible goods such as board games and accessories, or intangible goods such as digital books, offered for sale by Sellers;
• Third-Party Seller: Any Seller other than Philibert;
• Seller: Either Philibert (when selling its own Products) or a Third-Party Seller (when selling their Products).

3.  Purpose

These GTC govern any transaction between a Seller and a Customer.

They apply only to purchases made via the Marketplace. Any sale outside the Marketplace is not covered by these terms.

These GTC bind:

• Philibert when it sells its own Products;
• The Third-Party Seller when they sell their Products to the Customer. In this case, Philibert shall not be held liable in any way.

4.  Acceptance of the GTC

The Customer confirms having read and accepted the GTC before proceeding to payment.

These GTC are subject to Customer acceptance at the time of placing the Order.

They are available online on all Marketplace web pages. Customers are encouraged to download, print, and retain a copy.

 

5.  Enforceability

The GTC become binding upon the Customer’s acceptance by checking the box provided during the purchase process, which constitutes explicit and unconditional consent.

 

6.  Product Features

Each Seller must provide as accurate a description as possible of the Products they offer, in compliance with French consumer law.

Visuals on product pages are not contractually binding. In case of doubt, Customers should contact the Seller prior to purchase.

Sellers may modify their Product catalog at any time, without affecting prior Orders.

Unless stated otherwise, all Products comply with applicable European and French laws and standards.

 

7.  Product Availability

Sellers agree to only list available Products and to remove listings for permanently unavailable items without delay.

Product offers and prices are valid as long as they are visible on the Marketplace and within stock limits.

In rare cases (e.g., simultaneous Orders or stock errors), Products may become unavailable after an Order. The Seller will then inform the Customer and offer either:

• To wait for the Product to become available;
• A refund as soon as possible.

 

8.  Purchase Process

Product Orders are placed on the Marketplace. To place an Order, the Customer must follow the steps below:

a. Selecting Products
The Customer selects desired Products and quantities and clicks "Add to Cart." The Customer may continue shopping or proceed to “View My Cart.”

b. Order Validation
Before clicking “Place My Order!”, the Customer can review the Order details and correct any errors. A discount code can be applied. The Customer then provides billing and shipping addresses and selects a delivery method.

c. Payment
The Customer proceeds to secure online payment. Payment method and bank details must be entered. By confirming the Order, the Customer acknowledges the obligation to pay.

d. Order Confirmation
Once the Order is complete, the Seller sends an acknowledgment via email. This does not constitute an invoice. Invoices can be downloaded from the “My Account” area.

e. Order Cancellation
The Marketplace reserves the right to cancel any Order that appears to violate these GTC or contains anomalies, including:

• Suspected fraud or misuse of payment methods/promotions;

• Orders for illegal or non-compliant Products;

• Orders from users with a history of abuse or violations.

Customers will be informed by email, and refunds issued promptly.

9.  Pre-orders

Some products are offered as pre-orders with an estimated availability date. This estimated date may be updated based on information provided by the supplier.

If the pre-ordered products become unavailable and cause a delay in the initially announced availability date, the Seller will inform the Customer by email. The Customer may then choose to maintain or cancel the order. In the latter case, the Customer will be refunded as soon as possible.

If the pre-ordered products become permanently unavailable, the Seller will inform the Customer by email. The Customer's order will then be automatically canceled, and the Customer will be refunded as soon as possible.

Furthermore, since these products are not stored in Philibert's warehouses, Philibert’s offers are valid subject to availability from its suppliers, and some products may be limited in quantity at the time of pre-order.

If one of Philibert’s suppliers is unable to deliver enough products to fulfill all the pre-orders, the Seller will cancel the most recent pre-orders that cannot be honored. In such a case, the Customer will be informed by email and immediately refunded if their bank account has been debited.

 

10.  Prices

For all Products, the Customer will find prices displayed in euros including all taxes (VAT included), as well as applicable shipping costs as indicated on the Marketplace.

The applicable price is the one shown on the Marketplace at the time the Customer places the Order.

In any case, in accordance with current regulations, when a price reduction is advertised, the Seller is required to indicate the lowest price it applied during the thirty (30) days preceding the reduction.

Shipping costs are applied based on the total amount of the Order and the destination country.

Shipping costs are calculated on the total Cart value after applying any possible discounts (loyalty rewards, discount codes, promo codes).

Shipping fees are indicated during the ordering process and are also available online in Philibert's shipping policy, accessible [here].

Important: When shipping to a country other than mainland France, the Customer is considered the importer of the Product(s). For all Products shipped outside the European Union and French overseas territories (DOM-TOM), the price will be automatically calculated excluding VAT on the invoice. Customs duties, local taxes, import duties, or state taxes may be payable. These are the sole responsibility of the Customer.

Dematerialized (digital) products are not subject to shipping charges but may require specific tools to be accessed or used.

Each Seller is free to implement their own promotional policy, which shall not bind other Sellers.

 

11.  Payment Methods

The Customer may pay for their Products online via the Marketplace using the payment methods offered during checkout.

When selecting the payment method, the Customer will be redirected to a secure area to complete the payment.

If, for any reason, the payment is declined, the Order will be canceled.

 

12.     Delivery of Products

The delivery times indicated on the Marketplace at the time of the Order only begin once the Order has been accepted by the Seller.

Delivery times are stated during the Order process.

When placing the Order, the Customer must provide:

• A delivery address;

• A delivery method.

The Customer is solely responsible for any errors in the delivery address and will bear the consequences (e.g., additional delivery charges, retrieving the product themselves, etc.).

Once the contract is finalized online, the Seller proceeds with delivery to the address and via the method selected by the Customer at checkout.

If the Order includes both pre-ordered Product(s) and Product(s) already available, the entire Order will be held and shipped only once all Products are available.

If the Customer wishes to receive the already available Product(s) immediately, they must place two separate Orders.

In any case, when the Customer purchases a Product sold by Philibert, Philibert is solely responsible for delivery and will manage delivery tracking directly with the Customer.

When the Customer purchases a Product sold by a Third-Party Seller, that Seller is solely responsible for delivery and will manage delivery tracking directly with the Customer.

If the delivery shows signs of damage (torn packaging, opened package, etc.), the Customer must refuse the delivery and file a claim as per the terms of these GTC.

The risk of loss or damage to the Products is transferred to the Customer at the moment they, or a third party designated by them, take physical possession of the Products ordered.

13.  Special Terms of Sale for Digital Products

The latest version of Adobe Acrobat Reader is required to read PDF content. This software is free and can be downloaded here.

These general terms and conditions, as well as the technical requirements, are deemed to be known and accepted at the time of the order. Under no circumstances can a complaint or compensation claim be made due to a misreading or refusal of the general terms or technical constraints.

Technical Protection Measures

We draw the buyer's attention to the fact that, except in exceptional cases, files are copy-protected through technical measures or Digital Rights Management systems and are watermarked (name and surname, email address, order number).

The digital files offered by Philibert SAS are for personal use only; copying, sharing, or public use is strictly prohibited and may result in legal action as provided for under the Intellectual Property Code.

Ordering and Delivery

Once your order has been validated, you will receive an email with a link to a web page where you can download the digital files you have purchased. This email serves as acknowledgment of receipt of your order. Access to the purchased files is for your personal use only and remains valid indefinitely from the date of your order.

You can find all your purchased digital products in the "My downloadable products" section of your Philibert SAS account.

Once you receive the download links for the digital files, you can no longer cancel your order, and the purchase price will be automatically charged, even if you later choose not to download the files.

As soon as the download links are sent, orders for digital files are considered firm and final, and cannot be exchanged or refunded.

The 14-day withdrawal period provided by Article L.121-20-20 of the French Consumer Code does not apply once the download links have been sent, which is considered a final delivery of the product.

If you encounter any issues—such as not receiving the download links, or experiencing reading issues related to the email address linked to your customer account—you can contact Philibert SAS at the following email address: serviceclient@philibertnet.com

Liability

Philibert SAS cannot be held liable for limitations related to the Internet network, particularly technical performance or response times when viewing, querying, or transferring data. Furthermore, you are responsible for taking all appropriate measures to protect your own data and software from viruses.

In some countries, local laws prohibit or restrict access to certain content. You agree to verify that, according to the laws of your country of residence, no such restrictions apply to the digital files you are purchasing.

Philibert SAS cannot be held liable for any malfunction that may occur during the download of digital files not attributable to its service.

 

14.  Right of Withdrawal

14.1.  Right of Withdrawal for Consumer Customers

In accordance with Article L.221-18 of the French Consumer Code, for any Order, the Customer has the right to withdraw without giving any reason within fourteen (14) days from the date of the Order.

To exercise the right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the Customer must notify their decision to withdraw via a clear and unambiguous statement sent to the postal or email address provided on the Seller’s store page.

The Customer may use the following optional withdrawal form:

“To the attention of ______________

I hereby notify you of my withdrawal from the contract regarding the sale of the following Product(s):

Ordered on ______________

Order number ______________

Customer’s name:

Customer’s address:

Customer’s signature (only if this form is submitted on paper):

Date: ____________________”

To meet the withdrawal deadline, it is sufficient for the Customer to send the notice of withdrawal before the 14-day period has expired.

If the Customer exercises their right of withdrawal, the Seller will reimburse all payments received, including delivery charges (up to the cheapest standard delivery cost available), without undue delay and no later than fourteen (14) days from the day the Seller is informed of the Customer’s decision.
Return shipping costs for the returned items are the responsibility of the Customer and will not be refunded.

The refund will be made using the same payment method used by the Customer, unless another method is expressly agreed.

The Product must be returned according to the Seller’s instructions, in perfect condition, in its original packaging, and must include all delivered accessories.

Card boosters with random content cannot be returned or refunded if opened.
The Customer is only liable for any depreciation in the value of the Product resulting from handling beyond what is necessary to establish its nature, features, and proper functioning.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal does not apply, particularly for:

Services that have been fully performed before the end of the withdrawal period, where the contract required the consumer to pay, and performance began with the consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal;

Goods made to the consumer’s specifications or clearly personalized;

The supply of digital content not provided on a physical medium, where:

• a) The consumer has expressly consented to the execution of the contract before the end of the withdrawal period;
• b) The consumer has acknowledged the loss of the right of withdrawal;
• c) The professional has confirmed this consent as required under Article L. 221-13, paragraph2.

 

14.2.  Right of Withdrawal for Professional Clients

As a general rule, due to their professional status, professional Clients do not benefit from a right of withdrawal.

However, if the Client meets the criteria set out in Article L.221-3 of the French Consumer Code—namely, entering into an off-premises contract for a purpose that does not fall within the main field of the requested professional's activity, and employing five or fewer employees—it is the Client’s responsibility to assert and justify this right to the Seller by any means.

For the supply of digital content not provided on a physical medium, the Client may waive this right before the withdrawal period expires, by giving prior express consent to the execution of the contract.

The exercise of the right of withdrawal terminates the respective obligations of each Party to perform the contract and involves:

• Returning the goods to the Seller without undue delay and no later than fourteen (14) days after communicating the decision to withdraw;

• The Seller refunding the Client all amounts paid.

 

15.  Complaint Handling

Any complaint must be submitted to the Seller with whom the Client placed the order.

Such complaints must be made as soon as possible after delivery.

 

16.     Warranties

In addition to any commercial warranties the Seller may offer for certain Products, the Seller is bound by:

• Legal warranties of conformity, including for goods with digital elements, under Articles L.217-3 et seq. of the French Consumer Code;

• The warranty against hidden defects under Articles 1641 et seq. of the French Civil Code.

Accordingly, and in line with these provisions, Products delivered to the Client must:

• Conform to the specifications of the Order;

• Be free from any defects.

 

The Client has a period of two (2) years from the delivery of the Product to invoke the legal warranty of conformity in the event of a defect. During this period, the Client only needs to demonstrate the existence of the defect, not the date it appeared.

When the sales contract for the Product includes the provision of digital content or a digital service continuously for a period exceeding two (2) years, the legal warranty applies to such content or service throughout the entire duration of the provision. During this time, the Client is only required to establish the existence of the non-conformity, not the date of its occurrence.

The legal warranty of conformity obliges the Seller, where applicable, to provide all necessary updates to maintain the Product’s conformity.

Under this warranty, the Client is entitled to the repair or replacement of the Product within thirty (30) days of the request, free of charge and without major inconvenience.

If the Product is repaired under the legal warranty of conformity, the Client benefits from a six (6)-month extension of the initial warranty.

If the Client requests a repair but the Seller imposes a replacement instead, the legal warranty of conformity is renewed for two (2) years from the date of replacement.

The Client may request a price reduction while keeping the Product, or may terminate the contract and receive a full refund in exchange for returning the Product, in the following cases:

• The Seller refuses to repair or replace the Product;

• The repair or replacement is not completed within thirty (30) days;

• The repair or replacement causes a major inconvenience, especially if the Client bears permanent costs for return or removal of the non-conforming Product, or for installation of the repaired or replaced Product;

• The non-conformity persists despite the Seller’s failed attempt to correct it.

The Client is also entitled to a price reduction or contract termination when the defect is so serious that it justifies immediate action. In this case, the Client is not required to request repair or replacement first.

However, the Client cannot terminate the contract if the defect is minor.

Any period during which the Product is immobilized for the purpose of repair or replacement suspends the running of the warranty period until the restored Product is delivered.

The above rights result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.

A Seller who acts in bad faith to prevent the application of the legal warranty of conformity may be subject to a civil fine of up to €300,000, or up to 10% of the average annual turnover (Article L.241-5 of the Consumer Code).

The Client also benefits from the legal warranty against hidden defects, pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the Client to either a price reduction if they keep the Product or a full refund upon its return.

 

17.  Liability

Except in cases where Philibert is the Seller, Philibert acts solely as an intermediary between the Third-Party Seller and the Client for Product Orders placed through the Marketplace.

Third-Party Sellers are required to provide accurate and complete descriptions of the Products and services they offer, including essential features, technical specifications, and usage conditions. They must also provide complete and verifiable information about their identity, including their name, address, contact details, and business registration number.

In this respect, Philibert cannot be held liable for any contractual non-performance attributable to the Third-Party Seller.

The Third-Party Seller is solely responsible for all the information they publish on the Marketplace.

Furthermore, it is specified that each Seller is solely responsible for any direct damage they may cause to a Client.

Finally, it is specified that the Seller cannot be held liable in any way for failure or improper performance of contractual obligations attributable to the Client, particularly when entering their Order.

18.  Force Majeure

The Seller cannot be held liable, nor considered to have breached these Terms and Conditions, for any delay or failure to perform where such delay or failure is due to an event of force majeure.

Expressly, events considered as force majeure or fortuitous events are those recognized by the case law of French courts and tribunals.

 

19.  Philibert’s Role as Hosting Provider

19.1.  Moderation of Online Reviews : 

Philibert reserves the right to moderate any content associated with Products.

In accordance with Article 6 of the Law for Confidence in the Digital Economy (LCEN) as amended on February 17, 2024, and Articles 14 and 17 of the Digital Services Act (DSA), the Marketplace commits to the following:

1. Reporting Mechanism:
   A simple, accessible, and visible mechanism will be implemented, allowing users to report online reviews they consider illegal, misleading, or in violation of these terms and conditions. This includes, but is not limited to: hateful content, child pornography, pornography, promotion of terrorism, scams, fraud, non-consensual sharing of private images, sale of counterfeit or dangerous products, copyright infringement, incitement to violence, online harassment, misleading or false information, content related to the sale of illegal products or drugs, etc.
   This mechanism will be available on each product page and within every comment section.

2. Handling Reports:
   All received reports will be processed promptly. Clearly illegal reviews will be removed or made inaccessible as soon as possible after verification. An acknowledgment of receipt will be sent to the reporting user, followed by a notification of the decision made.

3. Transparency:
   Quarterly transparency reports will be published, detailing the number of reports received, the number of reviews removed, and the reasons for such removals. These reports will be publicly accessible on the Marketplace. The Marketplace guarantees the confidentiality of the identity of users submitting reports, unless disclosure is required by law or judicial authority.

4. Appeal Mechanism:
   A free internal complaint-handling system will allow users to challenge decisions related to the deletion, suspension, or disabling of their reviews. Users may submit a request for reconsideration, which will be handled by a dedicated team within five (5) business days.

5. Training and Awareness:
   Moderators will receive regular training on moderation best practices and will be kept informed of new regulations to ensure consistent and fair application of the rules.

19.2.  Publication of Product Listings by Third-Party Sellers: 

Philibert reserves the right to remove any content that has been reported and is deemed clearly illegal within the meaning of Article 6 I 2° of the LCEN.

1. Information Verification:
   Third-Party Sellers must provide accurate, complete, and verifiable information about the products they offer. The Marketplace reserves the right to verify this information prior to publication and to request additional evidence if necessary.

2. Legal Compliance:
   Product listings must comply with all applicable regulations, including those related to product safety, consumer protection, and intellectual property rights. Sellers must ensure that listed products are not counterfeit.

3. Responsibility:
   Third-Party Sellers are fully responsible for the information they publish. In cases of non-compliance or illegal content, the Marketplace may remove or modify the relevant product listings without prior notice. Sellers will be informed of the reasons for such actions and will have the opportunity to correct the information or contest the decision.

4. Transparency and Traceability:
   The Marketplace maintains a registry of Third-Party Sellers and listed Products, which is accessible to competent authorities if needed. This registry includes information about Sellers, Products, and any moderation actions taken.

5. Ratings and Feedback:
   The Marketplace encourages users to leave honest and constructive ratings and feedback about the Products.

20.  Personal Data

The Seller may collect and process the personal data of Customers on the Marketplace when placing Product Orders. In this respect, the Seller guarantees that such data is processed in compliance with the rights and obligations arising from Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties (as amended), known as the "Data Protection Act", and the General Data Protection Regulation (GDPR).

The Third-Party Seller and Philibert are joint controllers of the processing of Customers’ personal data when Orders are placed via the Marketplace. To this end, the Third-Party Seller and Philibert have entered into a joint controller agreement, the main provisions of which are available in the Customer Privacy Policy accessible by clicking here.

In general, all rules governing the processing of personal data on the Marketplace are described in the Customer Privacy Policy.

 

21.  Cookies

When visiting the website, cookies or connection trackers may be installed on the Seller's device.

Information on how cookies are used by the Marketplace, how they are managed and deleted, is detailed in the "Cookies Policy" accessible on the Marketplace website by clicking here.

 

22.  Evidence and Archiving

Any Order exceeding €120 (incl. VAT) will be archived by the Seller for 10 years, in accordance with Article L213-1 of the French Consumer Code.

The Seller agrees to archive this information to ensure transaction tracking and to provide a copy of the contract upon request by the Customer.

The Customer agrees that connection and traffic data on the Philibert platform may be used as evidence, provided such data has been securely stored by Philibert.

 

23.  Consumer Law Derogations

The Marketplace offers Products to both consumers and professionals.

These General Terms and Conditions contain provisions derived from consumer law which are not applicable to professional customers, including but not limited to the right to refer to a consumer mediator and the legal warranty of conformity.

 

24.  Anti-Fraud Measures

To ensure transaction security and prevent payment fraud on the Marketplace, Philibert, via its payment service providers, reserves the right to verify the reliability of the information entered.

This verification process temporarily suspends the Order process.

If the verification indicates that Philibert cannot confirm the reliability of the information provided, the Order will not be confirmed.

 

25. Third-Party Links

The Marketplace may contain third-party links.

Philibert disclaims all responsibility for reviewing or evaluating the content or accuracy of any third-party links.

Philibert makes no warranties and accepts no liability for third-party websites or for any products or services offered by third parties.

26.  Modifications

Philibert reserves the right to modify these General Terms and Conditions at any time.

The applicable terms are those in force at the time the Customer places the Order.

Therefore, any new terms will not apply to Orders already in progress when the changes come into effect.

The Customer agrees to review the General Terms and Conditions with each new Order to take note of any changes made since their last purchase.

27.  Severability

If one or more provisions of these terms are found to be invalid or declared as such by virtue of a law, regulation, or final court decision by a competent authority, the remaining provisions will remain fully valid and enforceable.

 

28.  Applicable Law and Jurisdiction

These General Terms and Conditions of Sale (GTC) are governed by French law.

This applies both to substantive and procedural rules, regardless of the place of performance of substantial or ancillary obligations.

In case of dispute, the Customer shall first contact the Seller to seek an amicable solution.

If no amicable resolution is reached, the Customer may choose to:

Use an amicable mediation solution within a maximum period of one (1) year from the date of their written complaint to the Seller, either by :

1. Referring the dispute to a consumer mediator for amicable dispute resolution. To this end, the dispute will be submitted to mediation according to the mediation rules of the CMAP - Centre de Médiation et d’Arbitrage de Paris - affiliated with the Paris Ile-de-France Chamber of Commerce and Industry, accessible at the following URL: https://www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/ or by postal mail at:
   CMAP (Consumer Mediation Service) – 39 avenue Franklin D. Roosevelt – 75008 Paris.
   To seize the consumer mediator, the Customer must have previously attempted to resolve the dispute by submitting a written complaint directly to Philibert and provide CMAP with their first name, last name, email, phone number, and a brief description of the issue encountered.

2.  Or by using the European Commission's online dispute resolution platform, accessible by clicking here. The European Commission will forward the Customer's complaint to the competent national mediators.

If no resolution is found, these GTC remain governed by French law, including both substantive and procedural rules, regardless of the place of performance of the obligations.

Any difficulty will be resolved by the jurisdiction of the court located at the registered office of Philibert.