ARTICLE 1. QUIZ ROOM

ARTICLE 2. PURPOSE

1. 2.3 The purpose of these General Terms and Conditions of Sale (the "General Terms and Conditions" or "GTC") is to define the rights and obligations of the Purchaser and Quizz Room under the Contracts:
   
   a. these General Terms and Conditions may be modified at any time by Quizz Room;
   b. they are applicable as soon as they are posted online, but any modifications will not apply to transactions already in progress when these modifications are posted online;
   c. the GTC were last revised on October 25, 2024.
   
2. 2.4 The General Terms and Conditions are available on the Site and in all Quizz Room establishments; subject to any special conditions applicable to a specific type of Service, specified separately and prior to the conclusion of any Contract, the General Terms and Conditions apply to the exclusion of all other conditions.

ARTICLE 3. PRE-CONTRACTUAL INFORMATION

1. 3.5 Prior to the immediate purchase or the placing of the order and the conclusion of the contract, the present general terms and conditions of sale are communicated to the purchaser.
2. 3.6 The Buyer acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the General Terms and Conditions and all the information listed in article L. 221-5 of the French Consumer Code.
3. 3.7 The following information is provided in a clear and comprehensible manner:
   - the essential characteristics of the services and products (if these are offered for sale in this center)
   - the prices of the services, products (if these are offered for sale in this center) and ancillary costs or, where applicable, the method of calculation;
   - in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the product or perform the service, whatever its price;
   - information concerning the seller's identity, i.e. its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address, as well as information concerning its activities;
   - information on legal and contractual warranties and how they may be exercised;
   - the functionalities of digital content and, where applicable, its interoperability;
   - the possibility of resorting to conventional mediation in the event of a dispute;
   - the terms of payment, delivery and performance of the contract, as well as the arrangements made by QUIZZ ROOM for handling complaints;
   - in the event of a sale, the existence and terms of exercise of the legal warranty of conformity provided for in articles L. 217-1 et seq. of the French Consumer Code, the warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code, and, where applicable, the commercial warranty and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the French Consumer Code;
   - the duration of the contract, in the case of a fixed-term contract, or the conditions of its termination in the case of an open-ended contract;
   - where applicable, any relevant interoperability of the digital content with certain hardware or software of which Quizz Room is or ought reasonably to be aware.
4. 3.8 The Buyer declares that he has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order: they are enforceable against him in accordance with the terms of article 1119 of the French Civil Code.

ARTICLE 4. PUBLICATION OF NOTICES

1. 4.9 For a period not exceeding twenty-four (24) months, Quizz Room may publish on its site excerpts of reviews submitted by consumers without compensation and collected through one or more third parties who do not verify them. These reviews are not contractual in nature.

ARTICLE 5. PRODUCTS AND SERVICES OFFERED BY QUIZZ ROOM

1. 5.10 At the times available for reservation and depending on the number of Participants indicated by the Buyer, Quizz Room offers for sale Services for the reservation and provision of one or more Rooms including the ability to use a question and answer game whose characteristics are as follows:
   - audiovisual communication of questions to Participants;
   - provision of a beeper enabling Participants to answer questions individually or collectively;
   - automatic scoring of each Participant's points;
   - multiple game mechanics belonging to Quizz Room and which may be modified over time.
   
   5.11 Use of the Quizz Room facilities is subject to the presence of at least four (4) Participants, but not more than eighteen (18).
   
   5.12 In addition to reserving and providing Rooms, Quizz Room can provide a personalization service of ten (10) questions called "Personalized Questions":
   
   - the order of the Personalized Questions service obliges the Buyer to communicate to Quizz Room the said questions at the latest three days before the availability of the reserved Room(s) by following the instructions communicated to him by Quizz Room via an e-mail specifically provided for this purpose;
   - Quizz Room reproduces and communicates to all Participants the content of the questions as they have been provided by the Purchaser or the Participants;
   - in order to be distributed in the Room, the content of the Questions communicated to Quizz Room must not be manifestly illicit or offend public decency.
   
   5.13 At the express request of the Purchaser and prior to the conclusion of any Contract, the Purchaser may contact Quizz Room to order the provision of additional personalized services, which will be the subject of an estimate issued by Quizz Room.
   
   5.14 For the purpose of performing the Services, the score obtained by each Participant at the end of his participation in the Quizzes will be retained by Quizz Room.Accessorily, Quizz Room offers for sale, within the limits of available stocks, various products whose nature and characteristics are set out on the Site. The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation. Product photographs are not contractual.

ARTICLE 6. PRICES OF PRODUCTS AND SERVICES

ARTICLE 7, ORDERING PRODUCTS AND SERVICES

1. 7.22 Orders are placed online, using the catalog of Services published on the Site and the form provided, subject to availability.
2. 7.23 With regard to Services, after selecting the number of Participants and the desired reservation date and time, the Buyer clicks on the "Book" tab; the Buyer then has the option of selecting additional services from a proposed list.
3. 7.25 With regard to Products, the Buyer selects one or more of them and places them in a virtual basket, subject to availability.
4. 7.26 The Buyer identifies himself to Quizz Room by indicating his first name, last name, e-mail and telephone number; the Buyer may also identify himself via a simplified procedure using his Facebook account.
5. 7.27 After having consulted the summary of his Order as well as the General Terms and Conditions of Sale, which he accepts by clicking where indicated, the Buyer validates his Order;
   
   a. any validation of the Order by the Buyer implies acceptance of the price and characteristics of the Products and Services selected, so that any dispute on these points will only arise in the context of the possible implementation of the guarantees set out below;
   b. any validation of the Order by the Buyer implies irrevocable acceptance of these General Terms and Conditions of Sale by the Buyer;
6. 7.28 The Buyer pays for his Order and, within forty-eight hours of payment, receives an e-mail from Quizz Room confirming or denying his Order; denial is an exceptional case.
7. 7.29 The sale is considered final after:
   
   a. sending to the Buyer, by email from Quizz Room, a confirmation of the Order;
   b. receipt of the full price by Quizz Room which retains the right to suspend or refuse the Order of the Buyer in the event that the debit has not been possible.
8. 7.30 For any question relating to the follow-up of his Order, the Buyer shall contact the Seller directly.

ARTICLE 8. TERMS OF PAYMENT FOR SERVICES ORDERED

ARTICLE 9. PROOF OF TRANSACTIONS

1. 9.34 The on-line provision by the Buyer of his/her bank card number and the final validation of the order shall constitute proof of the Buyer's agreement to:
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   a. the due date of the sums owed in respect of his/her Order;
   b. all operations carried out on the Site.
2. 9.35 However, in case of fraudulent use of his credit card, the Buyer is invited, as soon as this use is noticed to contact the Customer Service of Quiz Room.
3. 9.36 In addition, computerized records, stored in computer systems Quizz Room and its partners in reasonable conditions of security, will be considered proof of communications, orders and payments between the parties. 
4. 9.37 Purchase orders are archived on a reliable and durable medium that can be produced as proof. 

ARTICLE 10. ACCESS TO ROOMS

1. 10.38 Access to the Rooms reserved by the Buyer is subject to full and prior payment of the Order.
2. 10.39 Access to the Rooms is forbidden to Participants under thirteen years of age who are not accompanied by an adult Participant.
3. 10.40 The delay of one or more Participants has no effect on the time and duration of the Rooms reserved: they cannot be shifted or extended beyond the limits provided for in the Order and the Room must therefore be vacated at the time initially set; after a delay of fifteen minutes, the capacity of the Room's equipment and the duration of the game will necessarily be reduced.
4. 10.41 The equipment and furniture on Quizz Room's premises are made available to the Participants and the Purchaser, subject to fair and careful use, without the slightest deterioration or damage being inflicted upon them.
5. 10.42 No alcoholic or non-alcoholic beverage may be brought into the room.
6. 10.43 Quizz Room reserves the right to refuse access to the Rooms in the event that at least one Participant is under the influence of alcohol or illegal substances or behaves in a threatening, aggressive or violent manner.

ARTICLE 11. CHANGES TO THE RESERVATION

ARTICLE 12. UNAVAILABILITY OF PRODUCTS ORDERED

1. 12.49 Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those listed below. Shipment times run from the order registration date indicated on the order confirmation e-mail by Quizz Room and its center for metropolitan France.
2. 12.50 In the event of non-compliance with the agreed delivery date or deadline, the Buyer shall, before rescinding the contract, instruct the Seller to perform the contract within a reasonable additional period, which shall not be less than fifteen (15) days from receipt of such instruction by Quizz Room. Should the Seller fail to perform within this new period, the Buyer may freely notify the Seller of the termination of the contract.
3. 12.51 The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
4. 12.52 The contract shall be deemed to have been terminated on receipt by the seller of the letter or writing informing him of such termination, unless the professional has performed in the meantime.
5. 12.53 When the contract is terminated, Quizz Room is required to reimburse the Buyer for all sums paid, no later than 14 days after the date on which notification of termination of the contract was received by Quizz Room.
6. 12.54 If the amounts due are not repaid, they are automatically increased :
   - the legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period set out above,
   - 5% if the delay is between 10 and 20 days,
   - 10% if the delay is between 20 and 30 days,
   - 20% if the delay is between 30 and 60 days,
   - 50% if the delay is between 60 and 90 days,
   - and five additional points for each further month of delay, up to the price of the product, then the legal interest rate.
7. 12.55 In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The purchaser will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.

ARTICLE 13. DELIVERY

1. 13.56 Delivery of products means the transfer to the Buyer of physical possession or control of the good. It is initiated only after confirmation of payment by Quizz Room's banking institution.
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   13.57 Products ordered are delivered as follows: XXX. On the other hand, No delivery is made XXX:
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   13.58 Products are delivered to the address indicated by the Buyer on the order form and it is the Buyer's responsibility to ensure its accuracy. Any package returned to Quizz Room because of an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Purchaser may, at his or her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
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   13.59 If the Buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the package to be collected at the location and within the time period indicated.
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   13.60 If at the time of delivery, the original packaging is damaged, torn, open, the Buyer must then check the condition of the items. If they have been damaged, the Buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
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   13.61 The Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
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   13.62 This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery note.
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   13.63 The buyer must confirm his reservations to the carrier by registered mail at the latest within two (2) working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notices.
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   13.64 If the products require to be returned to the seller, they must be the subject of a return request to the seller within 7 days following delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions...).
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   13.65 Immaterial Products, such as e-gift cards, are delivered immaterially to the Buyer upon confirmation by Quizz Room of the corresponding order, by means of electronic correspondence sent to the e-mail address communicated by the Buyer or made available to him/her in his/her personal space on the Site in the event of the creation, at the Buyer's initiative, of such a space.

ARTICLE 14. RESPONSIBILITIES

ARTICLE 15. TRANSFER OF RISK

1. 15.72 The transfer of ownership and the related risks of loss and deterioration occurs as soon as the sale is final, i.e. under the conditions referred to in article 6, paragraph 7. Products travel at the Buyer's risk.

ARTICLE 16. GUARANTEES

1. Annex to Article D.211-2 of the French Consumer Code:
   "Consumers have a period of two years from the date of delivery of the goods in which to obtain implementation of the legal warranty of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
   When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
   The legal warranty of conformity entails an obligation on the part of the trader, where applicable, to provide all updates necessary to maintain the conformity of the good.
   The legal warranty of conformity entitles the consumer to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.
   If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
   If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
   The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :
   1° The professional refuses to repair or replace the good;
   2° The repair or replacement of the good takes place after a period of thirty days;
   3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
   4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
   The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to request repair or replacement of the goods beforehand.
   The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
   Any period during which the goods are immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired goods.
   The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
   " Any seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
   Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good."

ARTICLE 17. RIGHT OF WITHDRAWAL

1. 17.74 In accordance with the terms of articles L.221-18 et seq. of the French Consumer Code, the Buyer has a period of 14 working days from the date of delivery of his/her order to return any item which does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs which remain the Buyer's responsibility.
   
   17.75 Products must be returned in their original packaging, in perfect condition, within fifteen (15) days of notification to the Vendor of the Buyer's decision to cancel.
   
   17.76 Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be marketed as new, accompanied by the purchase invoice.
   
   17.77 Damaged, soiled or incomplete products will not be taken back.
   
   17.78 The right of withdrawal may be exercised online, using the withdrawal form available on the website published by Quizz Room and appended below. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
   
   17.79 In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery charges will be reimbursed.
   
   17.80 Return shipping costs are at the buyer's expense.
   
   17.81 The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the seller of the products returned by the buyer under the above conditions.
   
   17. 82 By way of exception and in accordance with the provisions of article L221-28-12° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the provision of leisure activities which must be supplied on a specific date or at a specific time, and the Buyer therefore does not benefit from a right of withdrawal in this case.

ARTICLE 18. OFFERS AND GIFTS

1. 18.83 At the end of the provision of a Room and the use of the game offered by Quizz Room, the Participant declared the winner of the game receives an Order Voucher worth €20, valid until the end of a period of three months from the first day of the month following the month in which the Room was made available to the Purchaser.
2. 18.84 The Order Form is obtained by Quizz Room sending an electronic mail specifically intended for this purpose or, failing that, by a request to obtain it sent by any means by the Participant declared the winner, before the expiry of a period of seven (7) days from the effective availability of the Room.

ARTICLE 19. FRENCH QUIZ CUP

ARTICLE 20. RESPONSIBILITIES

1. 20.89 Quizz Room may only be held liable to the Purchaser or Participants for facts that are directly attributable to Quizz Room, provided that they cause them direct harm.
   
   20.90 Quizz Room may not be held liable in the event that the non-performance or improper performance of its obligations is attributable to:
   a. improper use of the Room and its features by the Purchaser or any Participant;
   b. a fault attributable to the Purchaser or any Participant;
   c. a case of force majeure, i.e. an unforeseeable and insurmountable act by a third party, and in particular: a general strike by public transport drivers with more than 50% attendance by the professionals concerned, a technical failure of the game making it impossible for all Participants to use it, an administrative closure of the Quizz Room establishment;
   d. a technical failure of the game that does not make it impossible for all Participants to use it;
   e. inconveniences inherent in the use of the Internet - such as an interruption or breakdown in service, external intrusion or the presence of computer viruses.
   
   20.91 In the event that the availability of a Room and the use of the game by all Participants should prove impossible as a result of force majeure, Quizz Room undertakes to postpone, free of charge, the execution of the Services ordered before the expiry of a period of three months from the date of initial availability; at the end of this period, in the event that the new performance dates proposed by Quizz Room are not acceptable to the Purchaser and subject to having received from the latter a request for postponement covering at least ten new dates within the aforementioned three-month period, Quizz Room will proceed with the reimbursement of the sums initially paid by the Purchaser.
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   20. 92 In the event that the Buyer has requested the Personalized Questions service:
   a. only the Buyer can be held responsible for the content of the Questions submitted to Quizz Room;
   b. the Buyer and the Participants exonerate Quizz Room from any liability in the event that these Questions cause harm of any kind to any Participant or third party;
   c. Quizz Room reserves the right not to distribute Questions whose content is manifestly illicit or would offend public decency and its decision can in no way justify a refund of sums paid by the Buyer in return for the Personalized Questions service.
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   20.93 The Buyer undertakes to relieve and guarantee Quizz Room against any liability, any recourse and any claims relating to the Services ordered by the Buyer and whose non-performance would be attributable to the latter.
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   20.94 The Purchaser shall be responsible for the fair use of the leisure equipment by all Participants and shall guarantee Quizz Room against any damage or injury of any kind to property, equipment, materials and persons inflicted by any Participant during the performance of the Services; the Purchaser may in no way oppose Quizz Room's lack of subordination or contractual relationship with a Participant to avoid the obligations placed upon it.
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   20.95 In the event of damage inflicted by one or more Participants linked to the Purchaser's Order to goods or equipment under the control of Quizz Room establishments, repairs will be assessed and notified to the Purchaser within sixty (60) days; the Purchaser will have a period of fifteen days from the notification issued by Quizz Room to pay the cost of repairs, without delay of recourse to insurance.

ARTICLE 21. INTELLECTUAL PROPERTY

1. 21.96 The content of the Site as well as the products and representations appearing on the premises of Quizz Room (technical documents, drawings, photographs, etc.) are protected by copyright, trademarks or patents.
2. 21.97 The Buyer and Participants agree not to make any non-personal use of this content without obtaining the prior consent of Quizz Room. Any notification giving rise to a time limit is assessed for this purpose at the time of receipt.
   
   21.98 Any reproduction in whole or in part of this content, without the prior permission of Quizz Room, is strictly prohibited and is likely to constitute an infringement of copyright.
   
   21.99 The content of the Personalized Questions remains the property of the Buyer, who is deemed to be the author; Quizz Room undertakes to exercise only a right of distribution punctual and strictly limited to the duration of the actual provision of the Room; within a reasonable period from the expiry of the duration of the provision of the Room, Quizz Room undertakes to delete the content of these Questions from its databases.

ARTICLE 22. PERSONAL DATA

1. 22.100 The nominative data provided by the Buyer is necessary for the processing of his/her order and the preparation of invoices. 
2. 22.101 They are processed electronically. 
3. 22.102 The Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
   
   22. 103 The Buyer is invited to consult the Site's Personal Data Protection Charter for full information on this subject.
   
   22.104 QUIZZ ROOM informs the Buyer that he/she has the right to register on an opposition list to telephone canvassing, accessible via the following link: https://www.bloctel.gouv.fr/

ARTICLE 23. MEDIATION