TERMS AND

CONDITIONS

These General Terms and Conditions of Sale for https://hyperlaps.io (hereinafter the “GTC”) apply to all product orders placed by any individuals (hereinafter the “Client”) with HYPERLAPS (hereinafter “HYPERLAPS”) through the website https://hyperlaps.io (hereinafter the “Site”).

HYPERLAPS is primarily engaged in the design and marketing of recreational objects and accessories.

The contract between HYPERLAPS and the Client consists of these General Terms and Conditions of Sale and the order (hereinafter referred to as the “Contract”), which define the rights and obligations of the parties in the sale of products by HYPERLAPS on the Site.

The GTC are the only ones applicable, and the Client declares to have read and accepted their content.

At any time, HYPERLAPS reserves the right to adapt or modify certain points of the GTC, especially to account for the possible application of new legal provisions or commercial conditions.

The Hyperlaps© Legacy board game is intended for ages 14 and older. HYPERLAPS cannot be held responsible for any issues arising from the use of the game by a child under the age of 14.

To place an order on the Site, the Client must have the capacity to contract, meaning specifically having legal majority, and in the case of protective measures or legal incapacity incompatible with the subscription of the Contract, obtain the required authorizations (such as a guardian, for example).

Orders are exclusively placed on the Site https://hyperlaps.io.

The Client who wishes to place an order must follow the following procedure:

  • The Client selects the Product(s) he wishes to order by adding it to his “cart”;
  • The Client validates the contents of his cart, its total price, and confirms his order by clicking on the corresponding button;
  • The Client provides all necessary information for the delivery of the Product (delivery address; landline and/or mobile phone number; and if applicable, the dimensions of stairs, doors, and access routes that do not allow normal access to the delivery address to ensure the smooth progress of the delivery);
  • The Client reads and accepts the applicable general sales conditions for the order by checking the corresponding box;
  • The Client selects his delivery method;
  • The Client selects his method of payment, provides the necessary information for the use of the payment methods, and confirms by clicking on the corresponding button.

Until the final step, the Client has the possibility to go back to previous pages and correct and modify his order and the information provided earlier.

Any order will only be validated by HYPERLAPS at the moment of the Client’s payment registration for his order.

The Client acknowledges having read the GTC and fully accepts them by checking the box “I accept the general sales conditions” during the order process.

Any order validated by HYPERLAPS will result in the sending of a purchase confirmation email to the Client at the email address used to place the order, summarizing the contents of the order, including the products ordered and the delivery address. It is the responsibility of the Client to ensure that the purchase confirmation email sent by HYPERLAPS is not blocked by an email filtering device. HYPERLAPS cannot be held responsible for the blocking or deletion of the purchase confirmation email regardless of the device involved.

In the case of temporary unavailability of the product not foreseen after the Client’s order, the provisions of Article 3 below apply.

HYPERLAPS provides the Client with a product description sheet for the items offered for sale. The product features are those listed on the relevant descriptive sheets valid at the time of placing the order.

HYPERLAPS will make its best efforts to ensure that the photographic representation of the Products offered on the Site is as faithful as possible to the products themselves. However, given the digital presentation mode of the Products on the Internet, the Client’s perception of the photographic representation of the products may not exactly correspond to the product itself. Product photos are provided for informational purposes only and have no contractual value.

Some components of the game are meticulously hand-painted by artisans, while others are crafted through 3D printing. Although we strive to provide you with the best visual quality possible, the artisanal nature of the process may result in slight visual imperfections. Please be aware that refund requests will not be accepted for these reasons.

HYPERLAPS reserves the right to stop the sale of the products it markets.

Each order placed during a pre-order phase involves specific manufacturing or delivery arrangements by HYPERLAPS partners.

Upon acceptance of an order, a purchase confirmation email will be sent by HYPERLAPS to the Client who placed the order, summarizing the ordered products.

In case of temporary unavailability of the product not foreseen after the Client’s order, HYPERLAPS will inform the Client promptly by email or phone. The Client will then have the choice between canceling and refunding the order or continuing with the order and delivery by HYPERLAPS partner, within an additional timeframe that will be specified.

In case of cancellation by the Client before delivery, HYPERLAPS will refund (by refund to the credit card) the amount paid by the Client during the order within a maximum period of fifteen (15) days from the Client’s decision.

4.1 Prices

The prices displayed on the Site are all-inclusive prices and take into account the applicable VAT rate on the day of the order.

These prices do not include participation in delivery costs (which are also specified) and are firm at the time of the Client’s order.

The final price (including the product price, delivery charges, and deductions related to promotional codes) will be indicated to the Client at the “order verification” stage, before payment is made.

It is possible that the Client’s payment currency differs from the currency in which the prices are displayed. In the event that the Client’s bank applies an exchange rate to the transaction between the Client and HYPERLAPS, the Client will bear exclusively the exchange fees applied by their bank. This rate will be specified in the context of the order.

4.2 Delivery Costs

The Client contributes to the delivery costs of the ordered products. The participation in delivery costs is calculated as a lump sum at the overall level of the order, depending on the type of product (volume/weight) and its place of delivery. This contribution will be displayed on the product sheet. The final amount of these delivery costs will appear clearly on the Site before the Client validates the order.

4.3 Price Variation

HYPERLAPS reserves the right to modify, at any time, without notice, the prices of products in the event of a change in the applicable VAT rate, fluctuation in production or logistics costs, or for any other reason.

The price applicable to a product is the price appearing on the Site at the time of the order, subject to the provisions of Article 4.2 herein.

4.4 Promotional Codes

The Client may have personal promotional codes (gift vouchers or purchase vouchers), non-transferable, and with a limited duration at the discretion of HYPERLAPS. These promotional codes will be sent by email from HYPERLAPS to the Client. It is the Client’s responsibility to keep the email containing the promotional code(s) for later use when placing an order. HYPERLAPS cannot be held responsible for the loss of a promotional code or an email containing a promotional code.

A promotional code can only be used once for an order on the Site.

The use of these promotional codes is subject to operating rules that are specified when these codes are distributed. HYPERLAPS will only accept the use of these codes for products identified as eligible for the benefit of a promotional code on the Site and provided that the promotional code is entered by the Client in the location indicated on the Site before the final validation of the order.

Payment for the products is made by credit card (via the secure SSL server or “Secure Socket Layer”).

In the event of payment refusal communicated to the Client, notably due to incorrect entry of banking details or insufficient bank account balance, the Client will bear all costs associated with resolving the issue.

HYPERLAPS has chosen to maximize online payment security.

At the end of the order, the Client is redirected to the secure SSL server of our partner Stripe or CIC. Only Stripe or CIC has access to the confidential data that the Client provides during the online payment. CIC is a financial institution authorized by the State to collect money.

HYPERLAPS does not have access to this data, so it will be requested from the Client with each order.

7.1 Delivery Zone and Location

The geographical delivery zone for HYPERLAPS includes:

– Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United States. Kingdom, United States

The Client can contact HYPERLAPS customer service for additional information on delivery conditions and costs in their country. For non-European countries, HYPERLAPS reminds that orders may be subject to potential taxes and customs fees of the destination country. These costs and related formalities are the responsibility of the Client and must be paid directly to the carrier upon delivery.

The order will be delivered to the address provided by the Client during the order on the Site.

The Client must verify the completeness and accuracy of the information provided to HYPERLAPS. HYPERLAPS cannot be held responsible for any input errors and the resulting consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be entirely borne by the Client.

If the Client wishes to change the delivery address after placing the order, they must promptly send an email to HYPERLAPS customer service at the following address: sav@hyperlaps.io, specifying the order number, the product concerned, and providing the new delivery address.

HYPERLAPS will then send an email confirming or denying the modification of the delivery address, depending on the progress of the Client’s order. Any additional costs and fees generated by the modification of the delivery address will be the sole responsibility of the Client.

7.2 Delivery Times

The maximum delivery time is indicated to the Client before placing the order.

In case of shipping delay, HYPERLAPS will send an email to the Client to inform them of any potential impact on the delivery time initially indicated. In case of delivery delay, HYPERLAPS will propose a new delivery time by email.

In any case, in accordance with the provisions of Article L.138-3 of the Consumer Code, in the event of HYPERLAPS’ failure to fulfill its obligation to deliver the Product on the date or upon the expiration of the specified period, or, failing that, at the latest 120 days after the conclusion of the contract, the Client can terminate the contract, by email if, after having, in the same way, urged HYPERLAPS to make the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.

The Contract is considered terminated upon receipt by HYPERLAPS of the writing informing it of this resolution unless it has been executed in the meantime.

However, HYPERLAPS can immediately terminate the contract if HYPERLAPS refuses to deliver the product or if it does not fulfill its obligation to deliver the product on the date or upon the expiration of the specified period, and this date or period constitutes an essential condition of the contract for the Client, which he has expressed to HYPERLAPS before the conclusion of the Contract.

7.3 Delivery Conditions and Modalities

The mode of delivery (messenger, carrier, postal services) varies depending on the product (weight, dimension, etc.). The client is required to measure the access passages to their home and ensure its accessibility for the ordered product. Additional costs related to the rental of specific equipment (lift, cart, etc.) in case the carrier cannot deliver under “normal” (usual) conditions, considering the specific access conditions to the delivery location, will be borne by the Client, who must pay them before the delivery service.

Depending on the delivery mode, the carrier may directly contact the Client either by phone or email to schedule the product delivery to the address provided by the Client. The Client undertakes to be present on the agreed delivery day with the carrier.

In case of the Client’s absence during delivery, inability to deliver, or damages resulting from it, notably due to inaccuracies in the information provided by the Client, HYPERLAPS cannot be held individually or collectively responsible with the carrier.

All costs (return of products, storage, rental of lifts or elevators, etc.) resulting from the Client’s absence at delivery, impossibility of delivery due to the Client’s fault, will be the exclusive responsibility of the Client and must be paid before any new presentation of the Product.

At the time of delivery, the Client will make any reservations and claims that appear justified to them (for example: damaged package, already opened) to the carrier to justify the condition of the product upon delivery.

In case of non-conformity of the Product with the order, the Client will inform HYPERLAPS by email at the following address: sav@hyperlaps.io

In case of non-conformity of the Product at delivery, the Client will confirm their reservations to the carrier within three (3) working days from the date of delivery by registered letter with acknowledgment of receipt to the address specified on the delivery note, and the return shipping costs will be the exclusive responsibility of HYPERLAPS.

In accordance with current legal provisions (with a minimum period of 14 days) and in the interest of the Customer, the Customer has a period of 14 days from the delivery of the order to exercise the right of withdrawal with HYPERLAPS without having to justify reasons or pay penalties. After this 14-day period, the right of withdrawal no longer applies.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the Customer must notify HYPERLAPS of their decision to withdraw by means of an unambiguous statement by email to the following address: sav@hyperlaps.io.

To meet the withdrawal deadline, it is sufficient for the Customer to send their withdrawal statement before the withdrawal period expires.

The right of withdrawal also applies if the product is on sale or in clearance.

Effects of Withdrawal

In the event of the Customer’s withdrawal, HYPERLAPS will refund all payments received from the Customer, including delivery costs (except for additional costs resulting from the fact that the Customer has chosen, if applicable, a delivery method other than the less expensive standard delivery method offered by HYPERLAPS), without undue delay and, in any case, no later than fourteen (14) days from the day HYPERLAPS is informed of your decision to withdraw from this contract.

The return shipping costs are the responsibility of the Customer. The price to be paid for returning the product may vary depending on the carrier chosen by the Customer for the return. The delivery price can range from €20 to €200 depending on the product, weight, destination, and carrier.

HYPERLAPS will proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the parties expressly agree on a different method; in any case, this refund will not incur any fees for the Customer.

HYPERLAPS may defer the refund until it has received the Product.

The Customer must return the Product to HYPERLAPS without undue delay and, in any case, no later than thirty (30) days after you have communicated your decision to withdraw from this contract, to the address indicated by HYPERLAPS.

This deadline is deemed to be met if the Customer returns the Product before the expiration of the thirty (30) day period.

Given the nature and technicality of the products marketed by HYPERLAPS, the returned products must be properly protected, in their original condition and complete original packaging, accompanied by all accessories, instructions, allowing their marketing in new condition, and, if possible, accompanied by a copy of the order confirmation for optimized management. In the case of product depreciation resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the product, your liability may be incurred. If the product requires repackaging (in the event that the customer no longer has the original packaging), fees of €80 including taxes will be charged.

9.1 Legal Guarantees

The Products benefit from the legal conformity guarantee mentioned in articles L.211-4 to L.211-13 of the Consumer Code and the guarantee for defects in the sold item, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.

Under the legal conformity guarantee, the Customer:

  • Has a period of two years from the delivery of the product to take action;
  • Can choose between the repair or replacement of the product, subject to cost conditions provided for in article L. 211-9 of the Consumer Code;
  • Is exempt from providing proof of the existence of the conformity defect of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal conformity guarantee applies independently of any commercial guarantee that may be granted.

If the Buyer decides to implement the guarantee against hidden defects in the sold item within the meaning of article 1641 of the Civil Code, they can choose between canceling the sale or a price reduction in accordance with article 1644 of the Civil Code.

To do this, the Buyer must send their request to HYPERLAPS at the following email address: sav@hyperlaps.io.

The products must be returned to us in the condition in which you received them with all elements (accessories, packaging, instructions, etc.). Shipping costs and return costs will be borne by the customer.

The Customer must return the Product to HYPERLAPS without undue delay and, in any case, no later than thirty (30) days after you have communicated your decision to withdraw from this contract, to the address indicated by HYPERLAPS.

These provisions do not deprive the Buyer of the right of withdrawal as provided in Article 8 of these General Terms and Conditions of Sale.

9.2 Regulatory Reminder:

“Article L.211-4 of the Consumer Code

The seller is obliged to deliver a good in conformity with the contract and is liable for conformity defects existing at the time of delivery.

It is also liable for conformity defects resulting from packaging, assembly instructions, or installation when these have been placed under its responsibility by the contract or have been carried out under its responsibility.

Article L211-5 of the Consumer Code

To be in conformity with the contract, the good must:

  1. Be suitable for the usual expected use of a similar good and, where applicable:

    • 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;
    • have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;
  2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 of the Consumer Code

The action resulting from the lack of conformity is limited to two years from the delivery of the good.

Article 1641 of the Civil Code

The seller is liable for hidden defects in the sold item that make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given it a lower price if they had known them.

Article 1648 of the Civil Code

The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect.”

Incorrect handling of the product causing partial or complete breakage cannot benefit from the legal conformity guarantee.

In case of deterioration of a component of a product, if it is replaceable, HYPERLAPS may suggest to the customer to return the component at their expense, or the customer may also, at their own expense, order the replacement component (if available for purchase) on the online store of the site. No return or refund requests will be accepted in case of product deterioration resulting from inappropriate use.

The products remain the property of HYPERLAPS until the full payment of the price.

The transfer of ownership of the products sold is subject to the full payment of the price, including principal and accessories, regardless of the mode and conditions of payment used.

All elements of the Website, whether visual or auditory, are the exclusive property of HYPERLAPS and are protected by copyright, trademarks, or patents. Therefore, any representation, exploitation, or total or partial use of the elements of the Website without the express authorization of HYPERLAPS is prohibited and constitutes an infringement.

The data controller is HYPERLAPS.

Providing personal information about the Client is essential for order processing and delivery.

The information and details concerning the Client are confidential and intended solely for HYPERLAPS and its exclusive partners.

This data is used for the purpose of processing orders or sending information about products similar to those previously provided. For commercial reasons, HYPERLAPS may, with the prior authorization of the Client, transmit the identity and contact details of the Client from its Site to a business partner.

In accordance with the “Data Protection and Freedom of Information” law No. 78-17 of January 6, 1978, as amended in 2004, the Client has the right to access, rectify, and delete their data. The Client can also object to the transmission of their data to third parties.

These rights can be exercised by sending an email to: sav@hyperlaps.io

This data is stored for a period of 3 years, renewable with each customer order.

The Customer is responsible for entering and verifying all information at each stage of the order process, as well as at all stages following the conclusion of the contract.

HYPERLAPS cannot be held responsible for the information provided by the Customer at each stage of the order process, as well as at all stages following the conclusion of the contract.

HYPERLAPS’ liability cannot be incurred in the event that the non-performance of its obligations is attributable to an unforeseeable or insurmountable act of a third party to the contract, or to a force majeure event as defined by French jurisprudence or to an event beyond the control of HYPERLAPS.

HYPERLAPS’ liability cannot be incurred for any inconvenience or damage inherent in the use of the Internet, including service interruption, external intrusion, or the presence of computer viruses.

The Customer has several means to contact HYPERLAPS for any information or questions:

Through the contact form on the Website or by email: contact@hyperlaps.io or sav@hyperlaps.io