Terms of sale
OVERVIEW This website is operated by Hard Geek Café. Throughout the site, the terms “we”, “us” and “our” refer to Hard Geek Café. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service and Conditions of Sale (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site (visitors, customers, merchants, etc.).
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
SECTION 3 – ACCURACY AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. This site may contain certain historical information, provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products (including cards and sealed boxes). We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse, limit or cancel any order you place with us, particularly those that appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment methods, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY LINKS We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools ”as is” without any warranties. Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy of these third-party websites.
SECTION 8 – USER COMMENTS AND SUBMISSIONS If you send certain specific submissions or creative ideas, suggestions, or proposals, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We reserve the right to remove content that we determine in our sole discretion are unlawful, offensive, or violates any party’s intellectual property or these Terms.
SECTION 9 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy, in accordance with applicable regulations (GDPR).
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 11 – PROHIBITED USES You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses; (h) to collect or track the personal information of others.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The service and all products delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind. Hard Geek Café, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
SECTION 13 – RIGHT OF WITHDRAWAL AND EXCEPTIONS In accordance with Article L.221-18 of the French Consumer Code, the customer has a period of 14 clear days to exercise their right of withdrawal from the date of receipt of their order. However, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for sealed products (such as displays, booster packs, boxes, decks, or any other trading card game and board game items) that have been unsealed, opened, or from which the original plastic shrink wrap has been removed by the customer after delivery. These products can neither be returned nor exchanged.
SECTION 14 – PRE-ORDERS Pre-order items are billed at the time of checkout to reserve the product. Release and shipping dates are provided as an estimate based on information from our suppliers and publishers. In the event of a delay or prolonged cancellation by the distributor, we commit to informing the customer as soon as possible and issuing a full refund if the order cannot be fulfilled.
SECTION 15 – LEGAL GUARANTEES All our products benefit from the legal guarantee of conformity (Articles L. 217-4 and following of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 and following of the French Civil Code), allowing the customer to return defective or non-compliant delivered products.
SECTION 16 – GOVERNING LAW AND DISPUTE RESOLUTION These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France. In the event of a dispute, an amicable solution will be sought before any legal action. Failing an amicable agreement, the French courts will have exclusive jurisdiction to settle the dispute.