Terms and Conditions of Sale

1. Seller Identification

The complete details of the company are available in the legal notices accessible on the Website.

2. Purpose

These TCS are intended to define the conditions under which Moogui's offers for sale, to the Customer, the following products and services:

• collectible and gaming connected figurines called "Moogues";
• physical game arenas and accessories (mats, stands, game elements);
• packs combining physical and/or digital elements;
• digital services and features accessible via the Moogui's application;
• subscriptions associated with certain digital services.

3. Nature of Products

3.1 Moogues – Connected Gaming and Collectible Toys

Moogues are toys within the meaning of applicable European regulations, designed for physical recreational use and with a collectible character. They comply with European CE safety requirements, particularly the EN 71 standard, in accordance with analysis report n° 122-1164/1 SMTLAB.

Each Moogue includes:

• a physical element: a figurine incorporating a secure chip;
• an optional digital element: a unique digital token (NFT) allowing access to certain digital features within the Moogui's application.

The physical product can be fully used without digital activation. Digital twin activation only conditions access to certain advanced features such as rankings, official tournaments, digital evolutions, or connected services.

3.2 Game Arenas and Accessories

Game arenas and accessories are physical products intended for use with Moogues in real conditions. They contain no electronic or digital components.

4. Target Audience – Safety

Moogui's products are intended for children aged 7 and above, as well as teenagers and adults. Any use by a minor is carried out under the responsibility and supervision of a legal guardian.

5. Usage Instructions and Warnings

To ensure user safety and product durability, the following instructions must be observed:

• do not immerse the Moogue or expose it to moisture or water splashes;
• do not expose the product to temperatures above 60°C or prolonged sun exposure;
• do not expose the product to solvents, corrosive products, or aggressive cleaners;
• do not disassemble, pierce, or alter the figurine or secure chip;
• do not use Moogues to target people or animals;
• do not alter, hide, or damage visuals, inscriptions, or identification elements;
• do not expose the product to powerful magnetic or electrostatic fields.

Moogui's declines all responsibility in case of non-compliant use with these instructions.

6. Orders

Moogui's products can be purchased:

• on the Website https://www.mooguis.fr;
• from authorized partner resellers;
• during official events organized or validated by Moogui's (fairs, tournaments, conventions).

The essential characteristics and price of each product are indicated on the corresponding product pages. The Customer is solely responsible for the accuracy of the information provided during the order.

7. Prices and Payment

Prices are indicated in euros (€), including all taxes, or in crypto-assets when this option is offered. Payment is due immediately upon ordering. Any additional fees (delivery, technical fees, transaction fees) are indicated before the final validation of the order.

8. Delivery

8.1 Physical Products

Physical products are delivered to the address indicated by the Customer during the order. Delivery times are given as an indication and may vary depending on the carrier, destination, or logistical constraints beyond Moogui's control.

8.2 Digital Elements

Activating a digital element (NFT) requires:

• downloading the Moogui's application;
• creating or connecting to a compatible digital wallet;
• scanning the secure chip integrated into the product.

The absence of activation does not affect the conformity of the physical product.

9. Subscriptions and Packs

Certain products or packs may include subscriptions providing access to digital content or features. The applicable conditions (duration, price, renewal, cancellation terms) are specified on the product page and in the customer area.

10. Right of Withdrawal

In accordance with the provisions of the Consumer Code:

• the Customer has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal for physical products, provided they have not been used, damaged, or activated;
• activated digital content (NFT, digital services) does not benefit from the right of withdrawal, in accordance with applicable legislation.

11. Legal Warranties

Physical products benefit from:

• the legal warranty of conformity provided for in articles L217-3 and following of the Consumer Code;
• the warranty against hidden defects provided for in articles 1641 and following of the Civil Code.

These warranties apply independently of any commercial warranty.

12. Intellectual Property

The purchase of a Moogui's product does not entail any transfer of intellectual property rights. The universes, brands, characters, visuals, scenarios, and content remain the exclusive property of Moogui's.

When an NFT is associated, it only grants a personal, non-exclusive, non-commercial license, under the conditions specified within the Moogui's application.

13. Liability – Digital Environment

The Customer acknowledges the technical limitations related to blockchain technologies, digital wallets, and transaction fees. Moogui's cannot be held responsible for loss of access to an NFT resulting from mismanagement of credentials, private keys, or security measures by the Customer.

14. Tournaments, Challenges, and Events

Participation in official Moogui's events is subject to the possession of an authentic Moogue in good condition, the proper functioning of the secure chip, and, where applicable, the holding of the associated NFT. Any damaged or unidentifiable product may be refused without compensation.

15. Personal Data

Personal data is processed in accordance with the General Data Protection Regulation (GDPR). It is strictly necessary for the execution of orders and services offered. Processing methods are detailed in the Website's privacy policy.

16. Force Majeure

Moogui's cannot be held responsible in case of non-performance or delay resulting from a force majeure event as defined by French jurisprudence.

17. Mediation – Disputes

In accordance with articles L612-1 and following of the Consumer Code, the Customer may freely resort to a consumer mediator in case of dispute.

18. Applicable Law – Competent Jurisdiction

These TCS are governed by French law. Any dispute shall fall under the jurisdiction of the courts of Bourges, subject to applicable mandatory legal provisions for consumers.