Terms of Service
Article 1. – Scope of the Terms of Service
These Terms of Service apply to all sales of products between the user (hereinafter “the User”) and Megalopole SRL (hereinafter “Megalopole”) via the website https://sitdown-games.com (“the Site”).
Sit Down! is a trademark owned by the company MEGALOPOLE SRL.
The User declares that he/she is of legal age and has the legal capacity (or has the authorisation of his/her legal representative) to place an order on the Site.
By placing an order, the User acknowledges that he/she has read and understood the Terms of Service, accepts them and undertakes to respect them in their entirety.
Megalopole is free to make any modification, alteration or addition to the Terms of Service at any time, which shall apply immediately. Megalopole shall notify Users who have created an account by e-mail of any changes, modifications, additions or deletions to the Terms of Service. The Terms of Service in force at the time of the conclusion of the contract of sale shall be those enforceable against the User.
These Terms of Service constitute and express the entire agreement between the User and Megalopole in the context of orders placed on the Site. Any other oral or written agreement previously existing between the parties is replaced by the provisions of the Terms of Service.
Article 2. – Ordering items online
- General remarks
Users may order items via the Site. Megalopole shall retain all intellectual property rights to the items offered for order. Users may not claim any transfer of rights whatever on the items in question without the express written agreement of Megalopole. Consequently, they may not claim, without this list being exhaustive, to (make) modify the items, distribute them to the public, put them on sale, reproduce them, transfer rights to third parties, or infringe on the moral rights of the beneficiaries.
The items ordered are reserved exclusively for the buyer’s private use.
Megalopole can refuse orders which appear to it as coming from traders, resellers or distributors, and if necessary carry out all useful checks.
Megalopole reserves the right to limit the sale of products to certain geographical regions.
- Products
Products offered on the Site and their prices shall be valid as long as they are visible on the Site, within the limits of available stocks. In this context, information on the availability of the products shall be provided when the order is placed.
Nevertheless, it may occur exceptionally that, as a result of simultaneous orders or stock errors, the product ordered is unavailable.
In the event that a product is unavailable after the order has been placed, Megalopole will inform the purchaser by e-mail or by post. The order will be automatically cancelled and the buyer will be immediately refunded if his/her bank account has been debited.
Megalopole makes every effort to present the images and products on the Site as faithfully as possible. However, Megalopole cannot guarantee the quality of the rendering of colours and images in general on the User’s computer.
Product descriptions and prices may change at any time without prior notice, at Megalopole’ sole discretion. Megalopole reserves the right to stop the distribution of a product at any time.
- Pricing
Prices are indicated in euros and include VAT at the applicable rate, but do not include shipping costs, which will be indicated separately when the order is placed.
The valid price shall be the one indicated on the Site on the day the order is recorded. Megalopole reserves the right to raise or lower the prices offered according to criteria left to its discretion. In any event, orders in progress will be honoured at the prices indicated when the order is placed.
The price shall not include any customs and/or import charges that may be due by the User for an order placed outside the European Union. These costs shall be payable directly by the User to the competent services. It is the User’s responsibility to inquire about these duties and taxes applicable to his/her shipment, as Megalopole cannot provide the User with any information on this subject in conjunction with the order.
Products shall remain the property of Megalopole until the price has been paid in full.
- Ordering
Orders must be placed online, from the Site.
Placing an order via the Site implies acceptance of the price indicated for the item ordered as well as the delivery costs established on the basis of the delivery address and the weight of the package ordered. The contract is concluded as soon as MEgalopole has confirmed receipt of the order. Confirmation is made by sending an e-mail to the e-mail address provided by the User, summarising the terms of the order, in accordance with Article VI.45 of the Code of Economic Law.
Megalopole reserves the right to cancel or refuse any order from a User who does not respect the present Terms of Service or the legislation in force.
- Payment terms
Payment for orders shall be made online on the Site via Credit card, Paypal or bank transfer.
The User acknowledges that the communication of information relating to his or her bank card is tantamount to authorisation to debit his or her bank account in favour of Megalopole, up to the amount due, including all taxes.
The security of electronic fund transfers and, in general, the proper execution of payment orders shall be the sole responsibility of the financial institutions managing these transfers.
Transactions with Paypal shall be governed by Paypal’s general terms and conditions, which can be consulted at www.paypal.com.
- Delivery
Products shall be delivered only after Megalopole has effectively received full payment of the price.
Orders for products shall be delivered to the postal address that the User has indicated as the delivery address when validating his/her order. The User shall be held responsible if the information provided is erroneous or incomplete and does not allow the delivery of the products ordered.
Delivery costs shall be indicated in the summary of the order and vary according to the country of the User, the weight of the item and possible logistics costs.
Delivery times shall in principle be thirty working days from effective receipt of payment by Megalopole, but may be longer in the case of shipment outside the European Union. These timeframes are given for information only and may never be deemed binding. Megalopole cannot be held responsible for delivery delays due to external reasons beyond its control.
Delivery shall be made by the postal services, unless the User expressly chooses otherwise with the authorisation of Megalopole.
Products shall be delivered with a paid invoice.
- Right of withdrawal
In accordance with Article VI.47 of the Code of Economic Law, the purchaser has the right to notify Megalopole that he/she withdraws from the purchase, without penalty and without giving any reason, within fourteen (14) calendar days following the day of delivery of the item to the purchaser, or to the third party designated by him/her for this purpose.
Withdrawal shall be effected by sending an e-mail to Megalopole at info@sitdown-games.com in which the User sends an unambiguous statement setting out the decision to withdraw from the contract of sale.
The User shall return the item ordered to Megalopole within fourteen (14) calendar days following communication to Megalopole of his or her decision to withdraw from the contract. The return of the goods shall be at the User’s expense, by post. Returned products must be in perfect condition, in their original packaging, with all accessories, instructions, etc. The elements of games (cards, accessories, notebooks, etc.) must not have been unsealed. Products must be protected in a way that is at least equivalent to the protection used for the original shipment. Any audio, video or software products must not have been unsealed.
If the User wishes to withdraw from his/her purchase before the dispatch of the items by Megalopole, the items will not be dispatched and Megalopole will make the refund without sending the User an invoice.
Article 3. – Warranty and compensation
In the event that the item is delivered damaged or defective, Megalopole will make an exchange or refund, provided that the apparent defect has been notified to it within two (2) months of receipt of the order by the User.
The User may also invoke the legal guarantee against hidden defects in the item sold within two years from the discovery of the defect.
Any refunds shall be made by Paypal or according to the payment method selected by the User at the time of the order, within fourteen (14) days following either the recovery of the goods or the dispatch, by the User, of proof of dispatch of the goods, in accordance with the foregoing, whichever comes first.
The refund shall not include the additional initial delivery costs due to the User’s express choice of another delivery method than the standard and less expensive delivery proposed by Megalopole.
Article 4. – Limitation of liability
If, notwithstanding the provisions of the General Terms and Conditions, Megalopole is held responsible for any damage or loss arising from or connected with the use of the Site or its Contents, the responsibility of Megalopole can in no case exceed one thousand euros (€ 1,000), except in cases of fraud or gross negligence on the part of Megalopole.
Article 5. – Proof
The User acknowledges that data on computer or electronic media shall constitute valid proof as such and shall be admissible under the same conditions and with the same probative force as any document drawn up on paper.
Megalopole is not obliged to keep data. The User is obliged to print and keep order details until receipt of the products ordered.
Article 6. – Nullity of a clause
Should one or more clauses of these Terms of Service be considered null and void by a court, only the minimum shall be considered null and void and shall be replaced by valid provisions that best meet the purpose of the Terms of Service.
Article 7. – Applicable legislation and disputes
The Terms of Service shall be entirely governed by Belgian law, along with all relations between Megalopole and the Users of the Site concerning the use of the Site.
In the event of a dispute between Megalopole and the User, if no conciliation proves possible, the dispute shall fall within the jurisdiction of the competent courts. If the User is not domiciled in Belgium, he or she may apply to the European Online Dispute Resolution Platform (http://ec.europa.eu/odr) in his or her own language regarding his or her online purchases.
