ARTICLE 1 – SCOPE OF APPLICATION

​

These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or Customer") wishing to acquire the Products offered for sale ("Products") by the Seller on the website https://oniverseofgamers.com.

The Products offered for sale on the website are as follows: Multimedia Products.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://oniverseofgamers.com, and the Customer is required to be aware of them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are valid within the limits of available stocks, as specified when placing the order.

These GTC are accessible at any time on the website https://oniverseofgamers.com and shall prevail over any other document. The Customer declares to have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://oniverseofgamers.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows: One Up, SAS with a share capital of 302,000 euros, registered with the RCS of Chambéry under number 853 926 905, whose registered office is located at 201 rue des Blaches, 38530 LA BUISSIERE, France, email: contact@1updistribution.com, Phone: +33 (0) 458 980 103.

The Products presented on the website https://oniverseofgamers.com are offered for sale in the following territories: all countries.

In the case of an order to a country other than metropolitan France, the Customer is the Importer of the concerned Product(s).

For all Products shipped outside the European Union and Overseas Departments and Territories, the price will be automatically calculated excluding taxes on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and sole responsibility of the Customer.

 

 

ARTICLE 2 – PRICES

 

The Products are provided at the rates in effect on the website https://oniverseofgamers.com at the time of the order registration by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The rates take into account any reductions granted by the Seller on the website https://oniverseofgamers.com.

These rates are firm and not subject to revision during their validity period, but the Seller reserves the right, outside the validity period, to modify prices at any time.

Prices do not include processing, shipping, delivery, and transportation fees, which are invoiced separately under the conditions indicated on the site and calculated prior to placing the order.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – ORDERS

It is the responsibility of the Customer to select the Products they wish to order on the website https://oniverseofgamers.com, according to the following terms:

The Customer can place an order, in French or English, directly on the website after entering their credentials, in accordance with Article 3.

By navigating through the different sections of the website, the Customer can add the selected Products to their shopping cart by clicking the "Add to Cart" button. At any time and until the confirmation of the overall order, the Customer can change their mind, modify quantities, and cancel one or more of the chosen Products.

Each of the necessary steps for the sale is specified on the website.

Once the content of their shopping cart is validated, the Customer will confirm the order by:

• Completing all the information requested;

• Declaring unconditional acceptance of the entire general terms of sale;

• Validating by payment.

The validation of the order by the Customer's "click" constitutes acceptance of the prices and characteristics of the Products purchased by the Customer.

Product offers are valid as long as they are visible on the website, within the limits of available stocks.

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

The Seller cannot be held responsible for input errors by the Customer or their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible re-shipment will be borne by the Customer.

Any order placed on the website https://oniverseofgamers.com constitutes the formation of a distance contract between the Customer and the Seller.

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

For any information request or order, the Customer incurs the telecommunication costs when accessing the internet or using the Customer service of the website.

ARTICLE 3 BIS – CUSTOMER AREA ORDERS - ACCOUNT

To place an order, the Customer has the option to create an account (personal space).

To do this, they must register by filling out the form provided during their order and undertake to provide sincere and accurate information about their civil status and contact details, including their email address.

The Customer is responsible for updating the provided information. It is specified that they can modify it by logging into their account.

The Customer can also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to hello@oniverseofgamers.com. This will be effective within a reasonable time.

In the event of non-compliance with our general terms of sale and/or use, the website https://oniverseofgamers.com has the option to suspend or close a Customer's account after sending an electronic notice that remains ineffective.

Any deletion of an account, whatever the reason, leads to the complete deletion of all personal information of the Customer.

Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification during maintenance does not engage the Seller's responsibility.

The creation of the account implies acceptance of these general terms of sale.

​

​

ARTICLE 4 – PAYMENT CONDITIONS

​

The payment of the full price occurs upon confirmation of the order by the Customer on the website.

The Customer undertakes to pay the stipulated price for the ordered Product on the website (Product and transport prices) and to pay or have paid, if necessary, directly to the customs or carrier, customs duties, VAT, or other taxes due on the occasion of importing the Products into the country of delivery.

The price is paid by secure payment, according to the following terms:

• By credit card as offered on the Site.

The payment order made by credit card cannot be canceled. The payment of the order by the Customer is irrevocable, without prejudice for the Customer to exercise their right of withdrawal. For an order via the website, the Customer confirms and guarantees that they are the holder of the credit card and that it provides access to sufficient funds to cover the payment of the order. Payment will be considered effective after confirmation of the agreement by the banking payment centers.

• By PayPal.

The Customer guarantees to the Seller that they have the necessary authorizations to use this payment method when placing the order.

Payments made by the Customer will be considered final only after effective collection by the Seller of the amounts due.

The Seller will not be obligated to deliver the ordered Products to the Customer if they do not pay the full price in full according to the above conditions.

 

​

ARTICLE 5 – DELIVERIES

​

As a principle, the delivery of the Products will take place, after the registration of the order payment, to the delivery address indicated by the Customer during the order placement.

The Seller undertakes to make the delivery of the ordered items as quickly as possible depending on the chosen delivery method and the availability of the items. The delivery times indicated on the site are average usual times given for information purposes and correspond to the total processing and shipping times.

The delivery time will be indicated to the Customer during the order placement procedure, prior to order validation and payment.

In case of the recipient's absence during delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products must be collected at the address and according to the modalities indicated by the carrier.

In the absence of retrieval within the deadlines set by the carrier, the Products will be returned to the Seller, who reserves the right to refund the price to the Customer, with the shipping costs remaining the responsibility of the Customer.

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than Force Majeure or the Customer's fault, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L216-2, L-216-3, and L-241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded within 14 days following the date of denunciation of the contract, excluding any compensation or deduction.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer during the order and to which the carrier can easily access.

When the Customer has chosen their own carrier, the delivery is deemed to be made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in case of non-delivery of the transported goods.

In case of the Customer's specific request regarding the packaging or transportation conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice previously accepted in writing by the Customer.

Upon delivery, the Customer must check the content, conformity, and condition of the Product(s). The Seller recommends that the Customer check the content, conformity, and condition of the package during delivery and in the presence of the carrier. If the Customer has any doubt of any kind about the condition or content of their package, they must check the condition of the received goods and issue precise and detailed handwritten reservations, dated and signed as follows: on the delivery slip provided by the carrier, in the presence of the delivery person. And in any case, inform the Seller's company by letter addressed to One Up, 201 rue des Blaches, 38530 LA BUISSIERE, France. The verification of the delivered package is deemed to be done and can no longer be contested as soon as the Customer or any authorized person signs the delivery slip.

The Seller will refund or replace, at its expense and as quickly as possible, the delivered Products whose non-compliance defects or apparent or hidden defects have been duly proven by the Customer, in accordance with the provisions of Articles L217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration related to it will only take place when the Customer physically takes possession of the Products. The Products travel at the Seller's risk unless the Customer has chosen their own carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

​

​

ARTICLE 6 – TRANSFER OF OWNERSHIP

​

The transfer of ownership of the Seller's Products to the Customer will only take place after the full payment of the price by the latter, regardless of the delivery date of said Products.

​

​

ARTICLE 7 – RIGHT OF WITHDRAWAL

​

In accordance with the provisions of Article L221-18 of the Consumer Code:

"The consumer has a period of fourteen days to exercise his right of withdrawal from a distance or off-premises contract, without giving reasons and without incurring costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day:

1. Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;

2. From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer can exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece.

For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good."

The returned Product must be in its original condition and packaging. It must not have been used, nor undergone any deterioration, however minimal, and must be in a perfectly clean condition. This right of withdrawal is exercised without penalties, except for the return costs.

Exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided in this article.

In case of the use of the right of withdrawal for only part of the order, only the price invoiced for the returned Products will be refunded.

In the event of a partial withdrawal from the order, the Customer who benefited, during the initial order, from free delivery due to exceeding a certain order amount may be charged the delivery costs corresponding to their effective order if it falls below the free delivery threshold.

In accordance with current regulations, the right of withdrawal cannot be exercised for audio, video, or computer software recordings unsealed by the Customer, goods made to the Customer's specifications or personalized, and goods unsealed by the Customer and unable to be returned for reasons of hygiene or health protection.

The Products must be returned to the Seller at the following address: One Up, 201 rue des Blaches, 38530 LA BUISSSIERE, France.

The Products must be returned, accompanied by their purchase invoice, in their original packaging, properly protected. They must be in perfect resale condition. Any Product returned incomplete, damaged, washed, deteriorated, soiled, even partially, will not be refunded or exchanged.

The Customer is responsible for the return of the Products. We recommend keeping proof of the return to facilitate procedures in case of problems during transport.

Except in cases of non-compliance or hidden defects of the Product, return costs are borne by the Customer.

​

​

ARTICLE 8 – SELLER'S LIABILITY - GUARANTEES

​

The information and descriptions provided for each Product sheet, including photographs, technical specifications, and descriptions, are communicated to the Seller by the manufacturers of the Products.

In accordance with Article L.111-1 of the Consumer Code, the Seller aims to inform the Customer and enable them to know the essential characteristics of the Product.

However, it is specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes slightly differ from that of the photographs presented on the Site.

​

The Products provided by the Seller benefit from:

• The legal guarantee of conformity, for defective, damaged, or non-compliant Products

• The legal guarantee against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered Products and making them unfit for use.

Optionally: a commercial warranty that extends the legal guarantees by an additional year in the European Union. The Customer can benefit from this warranty if:

• They registered on the website https://oniverseofgamers.com within 30 days of purchase.

• They recorded their commercial warranty activation request in the "Warranty Request" in their personal space on the website. The registration of this request involves entering the barcodes of the products concerned, along with purchase dates and sending the proof of purchase.

 

Provisions regarding legal guarantees:

Article L217-4 of the Consumer Code: "The Seller delivers a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. It also responds to defects in conformity resulting from packaging, assembly instructions, or installation when this has been charged to the Seller by the contract or has been carried out under its responsibility."

Article L217-5 of the Consumer Code: "The good is in conformity with the contract:

1° If it is suitable for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the Seller and has the qualities that the Seller presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the Seller's attention and accepted by the latter."

Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is barred two years from the delivery of the goods."

Article 1641 of the Civil Code: "The Seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if they had known them."

Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, for restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the property in question, if this availability is subsequent to the request for intervention."

Article L.211-8 of the Consumer Code: "The buyer is entitled to demand conformity of the good to the contract."

Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the good must:

1 - Be suitable for the customary use of a similar good and, where applicable: 2 - Correspond to the description given by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model; 3 - Have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling (...)."

Article L217-13 C of the Consumer Code: "Any good repaired under the legal guarantee of conformity benefits from an extension of this guarantee by six months. As soon as the consumer chooses repair but this is not implemented by the seller, the conformity by replacement of the good starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer."

To assert their rights, the Customer must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects from the date of their discovery.

The Seller will refund, repair, or have the Products or warranty-covered parts considered non-compliant or defective repaired.

The Seller's liability cannot be engaged in the following cases:

• Non-compliance with the legislation of the country to which the Products are delivered, which the Customer is responsible for checking.

• In case of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as in the case of normal wear and tear of the Product, accidents, or force majeure.

• The photographs and graphics presented on the website are not contractual and do not engage the responsibility of the Seller.

• The Seller's warranty is in any case limited to the replacement or refund of non-compliant Products or those affected by a defect.

 

Conditions for implementing the guarantees:

This product comes with a legal warranty limited to two (2) years from the date of purchase, with submission of proof of purchase. Operating instructions must be followed correctly. The product must not have been damaged by degradation, non-compliant use, negligence, accident, destruction, or alteration of the serial number, use of inappropriate voltages or electric currents, repair, modification, or maintenance by anyone other than our after-sales service or an authorized repair center, use of replacement parts that are not Oniverse® parts, or modification of the product in any way, introducing this product into any other product, or damage caused by an accident, fire, flood, lightning, or any other natural disaster and any use contrary to the instructions provided by Oniverse®. Oniverse®'s obligations are limited to repair or replacement with an identical or similar product, at its discretion.

 

To obtain the repair of a product under this warranty, please present the product and its proof of purchase (i.e., a receipt or invoice) to your retailer.

Any condition contrary to federal or state laws, rules, and/or obligations cannot be applied in this specific territory, and Oniverse® will adhere to these laws, rules, and/or obligations. When returning the product for repair, please pack the product carefully, preferably using the original packaging. Please also include an explanatory note. Important: to allow you to avoid unnecessary costs and inconveniences, please carefully check that you have read and followed the instructions in this manual. This warranty replaces all other warranties, obligations, and responsibilities. Some states do not allow limitations on the duration of the warranty, in which case the restrictions described above do not apply to you. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL DAMAGES OR RESULTING FROM A BREACH OF THIS WARRANTY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. Some states do not allow the exclusion or limitation of incidental, indirect, special, or consequential damages, in which case the above limitation does not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

 

The Customer can benefit from a commercial warranty allowing an extension of the guarantees by an additional year under the same conditions listed above, EXCEPT:

• The warranty is only valid within the European Union.

• The Customer must activate the warranty within 30 days after purchase.

• All parts are guaranteed except for batteries for electronic devices.

• The Customer is responsible for transporting the item for return.

• In case the product is no longer available, a voucher of the product's value will be transmitted to the Customer.

To activate this warranty, the customer must register on the website https://oniverseofgamers.com and record the products purchased from the Oniverse® brand in their personal space. To register the products, the Customer must enter the barcodes of each product in the corresponding form, along with the purchase date, and add the corresponding proof (Order number in the case of a purchase on the Oniverse website; invoice in the case of a purchase from a retailer).

​

​

ARTICLE 9 – PERSONAL DATA

​

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the website https://oniverseofgamers.com are as follows:

- Account opening – When creating the Customer/user account: Names, first names, postal address, telephone number, email address.

- Payment – In the context of payment for the Products offered on the website https://oniverseofgamers.com, it records financial data related to the Customer/user's bank account or credit card.

9.2 Recipients of personal data

The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales and delivery service of the Products.

The categories of co-contractors are: transport service providers and payment establishments.

9.3 Data Controller

The data controller is the Seller, within the meaning of the data protection law and from May 25, 2018, the Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

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

9.6 Security and confidentiality

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

9.7 Implementation of Customer and User Rights

In accordance with the regulations applicable to personal data, customers and users of the website https://oniverseofgamers.com have the following rights:

•  Update or delete their data by a simple request via email to contact@1updistribution.com.

•  Delete their account by writing to the address indicated in Article 9.3 "Data Controller."

•  Exercise their right of access to know 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, request the update of information by writing to the address indicated in Article 9.3 "Data Controller."

•  Request the portability of data held by the Seller to another service provider.

•  Object to the processing of their data by the Seller.

These rights, as long as they do not conflict with the purpose of processing, can be exercised by sending a letter or email to the Data Controller, whose contact details are mentioned above.

The Data Controller must provide a response within a maximum period of one month.

In case of refusal to comply with the customer's request, the refusal must be justified.

The customer is informed that in case of refusal, they can file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or bring the matter to a judicial authority.

The customer may be asked to check a box indicating their agreement to receive informational and advertising emails from the Seller. They always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

​

​

ARTICLE 10 – INTELLECTUAL PROPERTY

​

The Seller holds the intellectual property rights to the website, composed of elements such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utility databases, software, and other underlying technology. The Seller also has the right to distribute the elements appearing on the website catalog, including photographs for which necessary authorizations have been obtained.

As a result, partial or total reproduction, on any medium, of the elements composing the site and catalog, their use, as well as their provision to third parties, are strictly prohibited and may constitute an infringement offense.

Without any solicitation on its part, the Seller prohibits any insertion of a hyperlink to the website. A customer wishing to place a hyperlink on their personal website directly to the home page of the website must obtain express permission from the Seller beforehand.

​

​

ARTICLE 11 – APPLICABLE LAW - LANGUAGE

​

These General Terms and Conditions and the transactions arising from them are governed and subject to French law.

These General Terms and Conditions are written in the French language. In the event of translation into one or more foreign languages, only the French text shall prevail in case of a dispute.

​

​

ARTICLE 12 – DISPUTES

​

For any claim, please contact Customer Service at the postal or email address of the Seller indicated in Article 1 of these General Terms and Conditions.

The customer is informed that they can, in any case, resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of disagreement.

In this case, the designated mediator is:

The Mediator's Department of FEVAD E-commerce

60 Rue de la Boétie

75008 PARIS

France

https://www.mediateurfevad.fr/index.php/espace-consommateur/

Email: mediateurduecommerce@fevad.com

The customer is also informed that they can use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

All disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions, which have not been amicably settled by the Seller or through mediation, will be submitted to the competent courts under common law.

​

​

APPENDIX – WITHDRAWAL FORM

​

Please complete and return this form only if you wish to withdraw from your order placed on https://oniverseofgamers.com.

(Products sold and shipped by the Seller) – except for exclusions or limits on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

Attention: One UP.

Form to download >[here]<