TERMS OF USE
These terms of use (hereinafter the "Terms") govern the use of the GameNest site (hereinafter the "Site"). By using the Site, you fully and unreservedly accept these Terms.
The publisher reserves the right to modify all or part of these Terms at any time. Any use of the Site by the user after modification of the Terms constitutes acceptance of these new Terms. The last update date appears at the bottom of this document.
1. Site Description
The Site allows users to view and compare prices offered by various third-party merchant sites on a wide catalog of video games, and to access links leading to these merchant sites (comparator / affiliation feature), as well as to purchase certain games and digital content directly from GameNest, using internal credits called "NestPoints".
The publisher makes every effort to ensure the accuracy and updating of the information provided on the Site, without any guarantee of results regarding information from third-party sites.
2. Definitions
NestPoints (NP): internal credits of the Site, with no legal value, not convertible into real money, usable exclusively on the Site for the purchase of games and content offered directly by GameNest. NestPoints do not constitute currency, a means of payment, or a financial instrument.
NestPoints Packs: offers to purchase NestPoints credits in exchange for payment in euros.
3. User Account
It is possible to use certain features of the Site (price comparator) without creating an account. However, direct purchase of games and acquisition of NestPoints credits require the creation of a personal account, including via connection to an external account.
The user is responsible for the confidentiality of their credentials and for any activity carried out from their account.
4. Price Comparator and Links to Third-Party Sites
The information available on the Site regarding third-party merchant offers (prices, descriptions, availability) is collected automatically. The publisher does not guarantee the accuracy, completeness, reliability, or real-time updating of this information, and cannot be held liable in the event of error, omission, or outdated information.
It is the user's responsibility to verify the accuracy of the information directly with the third-party merchant site before any purchase. The publisher disclaims all liability regarding transactions carried out with these third-party sites.
Affiliate Policy
The Site uses affiliate links allowing it to receive a commission when a user purchases a product after clicking on a link present on the Site. These links do not affect the price paid by the user.
The publisher does not directly sell the products referenced via these links and disclaims all liability regarding their availability, quality, or compliance. All information relating to these products comes from partner platforms and may be modified without notice.
5. Direct Sale of Games and Digital Content by GameNest
5.1 Principle
GameNest offers direct sale of certain games and digital content (activation keys), payable exclusively in NestPoints credits. GameNest sources from a third-party supplier and acts as a reseller.
5.2 Price
The prices of games sold directly by GameNest are displayed in NestPoints, systematically accompanied by their euro equivalent, calculated according to a fixed conversion rate and communicated in article 7.3, in order to allow the user to appreciate at any time the actual cost of their purchase.
5.3 Delivery
Activation keys are delivered electronically, immediately after order validation, in the user's personal space and/or by email.
5.4 Right of Withdrawal
In accordance with article L221-28 13° of the Consumer Code, the right of withdrawal does not apply to digital content not supplied on a physical medium whose performance has begun after the consumer's prior express agreement and express waiver of their right of withdrawal. This agreement and this waiver are collected separately, by a dedicated checkbox, at the time of order and before any delivery of the key.
5.5 Legal Warranties
Direct purchases benefit from the legal warranties of conformity (articles L217-3 et seq. of the Consumer Code) and of hidden defects (articles 1641 et seq. of the Civil Code). In the event of a defective, invalid, or already used key, the user may request replacement of the key or, failing that, cancellation of the sale. In the latter case, the refund is made, at the user's choice, in NestPoints or in euros.
5.6 Unavailability of the Order from the Supplier
In the exceptional case where the ordered key is no longer available from the supplier at the time of order validation, GameNest immediately informs the user and proceeds with a full refund of the NestPoints debited for this purchase, without any unavailability being attributable to the user.
5.7 Claims and Mediation
Any claim relating to a direct purchase may be sent to support@gamenest.fr. Failing amicable resolution, the user may have free recourse to the consumer mediation service.
6. Payment
Payments in euros (purchase of NestPoints Packs) are processed by a secure third-party payment provider. GameNest does not store any banking data.
7. NestPoints — Internal Credits of the Site
7.1 Nature
NestPoints constitute a prepaid credit internal to the Site, usable exclusively for the purchase of games and content offered by GameNest. They are usable only on the GameNest Site, for the sole uses offered there.
7.2 Acquisition
NestPoints are exclusively obtained by purchase, by means of "NestPoints Packs" payable in euros including all taxes directly on the Site.
7.3 Conversion Rate
The applicable conversion rate is fixed: 1 NestPoint = 0.0010526316 euros (950 NP = 1 €). This rate applies uniformly to the purchase of NestPoints Packs as well as to the display of game prices. Any modification of this rate would be announced with reasonable notice and without retroactive effect on NestPoints already held.
7.4 Usage
NestPoints may only be used for the purchase of games and digital content offered directly by GameNest on the Site. They may not be transferred to another user, used outside the Site, or assigned to a third party.
7.5 Non-Refundable and Non-Convertible Nature
Unless mandatory legal provision to the contrary, purchased NestPoints are neither refundable nor exchangeable for real money, including in the event of closure of the user account or account inactivity.
7.6 Security
The user is solely responsible for preserving the confidentiality of their account. GameNest cannot be held liable for fraudulent use of NestPoints resulting from unauthorized access to the user's account, except in the case of proven fault by the publisher.
8. Site Accessibility
The publisher reserves the right to interrupt access to the Site at any time, in particular for maintenance reasons, and cannot be held liable in the event of temporary or permanent inaccessibility of the Site, including when this inaccessibility affects access to NestPoints or to direct purchase features.
9. Content Published by Users
Users may not publish content on the Site.
10. General Liability
Subject to the specific provisions of articles 4 and 5, the publisher cannot be held liable for direct or indirect damages resulting from the use of the Site, from the temporary unavailability thereof, or from any dispute with a third-party merchant site.
11. Protection of Personal Data
The processing of personal data collected via the Site (user account, purchases) is described in the Site's Privacy Policy, accessible at https://gamenest.fr/privacy, in accordance with the General Data Protection Regulation (GDPR).
12. Intellectual Property
All elements of the Site are protected by intellectual property law and remain the exclusive property of the publisher, unless otherwise stated.
13. Applicable Law and Disputes
These Terms are governed by French law. In the event of a dispute, and failing amicable resolution or recourse to the consumer mediator, the competent French courts shall be seized.