Who are we?

The purpose of these conditions of use is to define the terms for purchasing Mynacon products and using Mynacon services available on the https://my.nacongaming.com website, published by NACON (Société Anonyme - public limited company under French law - with a Board of Directors, with a capital of €86,321,932), registered with the Lille Métropole Trade and Companies Register under number B 852 538 461 and with a registered office at 396 rue de la Voyette- CRT2-59273 Fretin.

Created in 2019, NACON specialises in video gaming. The brand’s objective is to provide gamers with an optimal 360° gaming experience.

Nacon positions itself as a designer, manufacturer, distributor of Premium Gaming accessories, by providing a range of gaming accessories adapted to the desires of all gamers, amateurs and professionals alike (hereinafter the “Accessory(ies)”).

Extended producer responsibility processes, Nacon’s unique identifiers for Accessories are referenced by ADEME as follows:

Household packaging process: Unique Identifier: FR028344_01PRLK
WEEE process : Unique identifier: FR028344_05MDPG
Batteries and accumulators process: Unique identifier: FR028344_06QE6B

Nacon is also an influential player in the publishing and development of video games, focusing in particular on the following genres: Action, Adventure, Racing, Simulation, Sports, etc.

With a view to continually improving gaming comfort, the brand provides its community with the MyNacon service, allowing gamers to benefit from numerous features such as the creation of controller profiles, access to product support.

Before registering with and/or using MyNacon:

We invite you to read the following prior warnings which determine the terms and conditions required for any registration with and/or use of MyNacon.

Who can create a MyNacon account?

Any person over the age of majority according to the regulations in force in his or her country of residence may have a MyNacon account. However, minors may only create a MyNacon account on two conditions: they must be of the minimum legal age required by the regulations in force in their country of residence, and the creation of their MyNacon account must be carried out with the agreement of one of their parents or legal guardians (Representative), who can help you create it.

If you are 18 and over, you can create your account yourself and, where appropriate, an account for each of your children for whom you are the Representative.

Who can use MyNacon?

MyNacon is intended for anyone aged 7 or over, without any adverse distinction which may be used to categorise others or divide communities.

The use of MyNacon is strictly limited to those who are at least 7 years of age.

If you are between the ages of 7 and 17, you can read these Conditions of use, and get one of your Representatives to explain what you may not understand. However, only one of your Representatives is authorised to read and agree to these Conditions of use on your behalf.

Therefore, anyone providing their personal information acknowledges that they comply with the eligibility requirement set out, and use MyNacon in accordance with the terms, conditions, obligations, representations and warranties defined by these Conditions of use.

Which documents forms the Conditions of use of MyNacon?

In addition to these Conditions of use, which apply to and form an integral part of your involvement with us:

The Privacy policy (explains the data we collect and how we use and share it).

The Code of Good Conduct, which sets out MyNacon’s prohibited practices and attitudes: https://my.nacongaming.com/documents/20210406_CODE_OF_GOOD_CONDUCT.pdf

What is MyNacon?

MyNacon is a platform of services accessible via the Internet

MyNacon services are exclusively for personal use and may not be used for commercial purposes.

What are MyNacon’s services:

Offline, the MyNacon platform gives you access to support services:
- each of the product data sheets
- contact our team if you need any information

MyNacon also gives you access to a broad range of services available to you once you have created a personal MyNacon account.

Logged in with a user account:

The creation as well as use of a MyNacon account are free.

The creation of a MyNacon account allows you to use the features provided by the platform (MyNacon Services) described under these Conditions of use.

You can create a MyNacon account by completing all required fields of the account creation form on the MyNacon platform or based on the information of a Facebook® account.

You can use Facebook Connect to link the MyNacon services to Facebook using your Facebook user name and password to facilitate the creation of the MyNacon account by importing your personal data. In this case, your use of Facebook is governed by the Facebook Conditions of use and Facebook may be considered a third-party service for MyNacon.

Once registered with and logged into the MyNacon interface, you can access the MyNacon Services via a dedicated personalised section where you can manage:

Your personal account:

Fill in and update the information associated with your personal account
- personal data
- password
- newsletter subscription
- associated accounts
- delivery and invoicing address(es)

Track your orders on the www.nacongaming.com website if they have been placed with your MyNacon identifiers or have been manually associated with your account after validating your purchase by indicating the number of the order in question.

Register the Nacon products you own, regardless of the sales outlet where you bought them. Registration gives you quick access to product support, where you will find the documentation and software available for all our references available online.

Your Profiles:

Gain access to a library of profiles made available by members of the MyNacon community. These profiles can be downloaded by anyone connected.

Submit controller profiles. The creation of a profile consists of the following 4 sections which must be completed as follows:

Game
Nacon controller
Platform
Title and description
Importing the profile file

Save your favourite profiles.

The publication of profiles must be validated by a moderator to ensure that said profile complies with the MyNacon “Code of Good Conduct”

Your assessment of competitor profiles

Vote for the profiles uploaded based on your opinion and experience.

The MyNacon services should change over time to provide you with even more features and enjoyment. We will keep you regularly informed of any changes made to MyNacon through our newsletters and the updates you will receive.

In the near future, your MyNacon identifiers will be your login to access certain Nacon games and applications. The associated services will be specified once operational and accessible.

What are your commitments?

By using any of the MyNacon services, you agree to these Conditions of use.

You agree that we may apply these Conditions of use to you for all MyNacon services

By signing up with, using or accessing MyNacon services, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions.

If you do not agree to these Conditions of use, please stop using MyNacon services with the exception of the MyNacon product support services

You must be honest with us, which means that you must:
- Communicate accurate and genuine information (e.g.: age, country of residence, etc.)
- Comply with PEGI recommendations and other similar warnings.

Age rating

When a video game involves an age rating, it features content unsuitable for a younger user. If you are Representatives, go to https://pegi.info to find out how to block games rated beyond a certain age limit.

If you, or the holder of the account you are responsible for, are younger than the age limit indicated on a specific software, you or the holder may not be authorised to access, purchase or use this game software. With respect to game software, we can prevent you or the account holder to use the online modes of this game

The information you provide MyNacon with when creating your account and at any other time must be accurate, complete and up to date.

This is important as we rely on the information you share with us.

We send important information to the email address you provide us.

We use the date of birth to offer you a customised experience (based on your age and interests, the nature of your purchases, your location, date of registration, etc.).

You agree that we may access your account, retain and disclose your account information if required by law or if said access is reasonably necessary to guarantee:

Compliance of this information with legal procedures,
The application of these Conditions of use,
An appropriate response to your requests for MyNacon services,
The protection of the rights or security of MyNacon, its users and the general public.

You are responsible for maintaining the confidentiality of some information

Upon registration, you will be asked to choose a login as well as a password which must remain confidential. The password you choose should be as complex as possible.
You are solely responsible for maintaining the confidentiality of your account password, as well as restricting access to your computer, and you accept responsibility for any activity linked to your account. Thus, Nacon shall not be held liable should you disclose your password to a third party.

No one from the MyNacon support department will ask you for your password by email, telephone or any other means of communication

Our recommendations

Log off from your account at the end of each session.

Define a password to prevent anyone who can access your approved System from logging into your account.

Choose a complex password, different from those you use for other web services, which should ideally contain letters, digits and special characters.

Never share your account information,

Never let anyone else use your account,

Change your password regularly to avoid any account takeover, and at least if you suspect somebody else might know it,

If you have any reason to believe your account has been compromised (e.g. as a result of the loss, theft or disclosure or unauthorised use of your login or password), you must immediately inform MyNacon via the dedicated contact form: https://my.nacongaming.com/contact

You may be held liable for any loss suffered by MyNacon or other third parties as a result of the unauthorised use of your account.

By accepting these Conditions of use, you undertake:

Not to use MyNacon services for purposes that are unlawful or prohibited by these Conditions of use.

Not to use, reproduce, modify, publish, transfer, distribute or sell on a commercial basis all or part of the information, services obtained via MyNacon services,

Not to use MyNacon services in any manner that could damage, deactivate, overload or deteriorate MyNacon services, or interfere with the use and/or enjoyment of MyNacon services by any party.

Not to obtain or seek to obtain data and/or information through any means not made available by the MyNacon platform.

To comply with the use of MyNacon communication services

You undertake to only use communication services to publish appropriate messages and data associated with this communication service, in particular but without limitation never to:

Defame, abuse, harass, stalk, threaten or violate the legal rights of others,

Publish, download, distribute or disseminate inappropriate, lewd, defamatory, offensive, obscene, indecent or illegal names, data or information,

Upload files that contain viruses, corrupted elements or any other similar software or programme likely to damage the operation of other people’s computers,

Impersonate someone else,

Prevent or restrict any other user from enjoying MyNacon services,

Violate the rules of the Code of Good Conduct or rules that may apply to any MyNacon service,

Collect information on others, including email addresses, without their consent,

Violate any law or regulation in force.

We reserve the right to review any data published on MyNacon and to remove it at our sole discretion. We reserve the right to terminate your access to all or part of the communication services if the rules governing the use of MyNacon services or, more generally, these Conditions of use are violated.

We reserve the right to disclose, at any time, any information required in accordance with laws, regulations or requests from Public authorities, or to correct, refuse to publish or delete any data or information, in whole or in part, at our sole discretion.

What are the consequences if the Conditions of use are not complied with?

We may notably suspend your MyNacon account and the use of related services.

What are our commitments?

We want all members of the MyNacon platform to make the most of the services we provide them with, without however guaranteeing everyone’s good behaviour. As a result, we shall not be held liable for the activity and content of each MyNacon member.

Our primary goal is to allow you to use MyNacon on a permanent and ongoing basis while providing you with relevant services likely to meet your expectations as a consumer and user of the MyNacon platform. We endeavour to improve MyNacon services over time with a view to ensuring a better use of these services for every MyNacon member.

Changes may be made in a number of ways. We will explain these updates to you.

Services available:

We take appropriate technical measures to ensure the security of https://my.nacongaming.com/ and of the information we hold about you in order to prevent any unauthorised access to your MyNacon account.

Our monitoring of your online activity is limited and carried out in particular via moderators.

As a result, we may delete content generated by a user in breach of these Conditions of use without notice. Other users may record and send us events they have witnessed.

The information we obtain may include your content, text communications, the time and location of your activities, your actual name or IP address.

We use this information to implement these Conditions of use, to comply with the law, to safeguard our rights, those of licensors and users, and to protect the community of MyNacon members. This information may be communicated to the relevant Public authorities.

In such situations, we reserve the right to terminate, at our discretion, your access to all or part of MyNacon services and related services, or part thereof, at any time and without prior notice.

To find out more about how we use your information. Check our Privacy policy at: https://my.nacongaming.com/privacy-policy

RIGHT OF WITHDRAWAL

1. Scope

The right of withdrawal provided for in Article L221-18 of the Consumer Code applies to all products sold on our site, with the exception of digital video games due to their digital nature and their immediate execution after purchase.

2. Withdrawal period

The withdrawal period is 14 (fourteen) clear days from the day after the delivery date of your order. In the case of an order for several Products, the fourteen-day withdrawal period runs from the day after the date of receipt of the last Product (the postmark being proof of the date of dispatch). When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended to the next working day.

To withdraw, you can:

Download the standard withdrawal form (reproduced in Appendix 2) available on MyNacon, print, complete and send it to the postal address featured on this form.
Send us your unambiguous declaration in writing, by any other means, expressing your wish to withdraw.

In any event, the withdrawal document must feature your surnames and first names as well as your order number and date.

You must return the product(s)/service(s) concerned by the withdrawal to Nacon without undue delay and, in any event, at the latest 14 (fourteen) days after expressing your decision to withdraw.

You may request the refund of the product(s)/service(s) ordered from the address communicated by Nacon or by calling 1-833- 622-6687.

Product(s)/service(s) are returned under your responsibility and at your expense. Any damage suffered by the Accessory on this occasion shall be likely to prevent you from exercising your right of withdrawal. We recommend that you opt for a recorded delivery or take out an insurance policy for the transport of the Accessory(ies) returned.

The Accessory(ies) shall be returned in its(their) original packaging and in good condition, including all accessories and documentation where appropriate. The Accessory(ies) must be in perfect condition for resale. Consequently, any incomplete or damaged Accessory as a result of handling operations other than those required to ascertain its nature, characteristics and/or effective operation will not be reimbursed.

If an order is returned as incomplete to the address indicated and/or if the return number of the Accessory(ies) is missing and/or if the Accessory(ies) is(are) returned to an address different from the one communicated by Nacon, it will not be processed as a return, and therefore will not be reimbursed.

You will be refunded within 14 (fourteen) working days of the date on which you exercise your right of withdrawal. However, Nacon may postpone the refund until the products have been effectively recovered or until you provide evidence of having dispatched the products, whichever is earlier.

It is pointed out that a promotional product/service will be reimbursed at the price you actually paid or that should have been paid if it no longer meets the conditions of the promotion. In other words, reimbursement will cover the price of your order invoiced and collected by Nacon.

Nacon will give you a full refund, including any delivery costs (i.e. the price of items paid and collected by Nacon as well as initial shipping costs at the rate of the standard delivery cost proposed by Nacon, and with the exception of additional costs arising from the fact that, as the case may be, you selected a more expensive delivery method than the standard delivery method proposed on MyNacon), unless the withdrawal relates to part of the order only, in which case delivery costs shall be at your own expense.

Nacon will refund you through the payment method used to pay for your initial order, unless you expressly agree to use another means of payment.

What are the guarantees on the products ordered?

You are covered by applicable legal warranties, guaranteeing against the non-compliance of products/services sold under the conditions of articles L.211-4 et seq. of the French Consumer code, and against hidden defects of the goods sold under the conditions provided for in articles 1641 et seq. of the French Civil code. Detail of these warranties can be found in Appendix 1.

If you find a defect on your product/service, you must contact us at the following number: 1-833- 622-6687. We will perform an online pre-diagnosis. If the non-compliance found seems to be a defect covered by the warranty, we will replace your product/service.

To do this, you must, where appropriate, return the product(s) in question to Nacon, using the pre-paid label sent to you for this purpose, referring to the non-compliance or hidden defect.

Upon receipt of your Accessory, it will be assessed by our advisers. If it is confirmed that the default is covered by the aforementioned warranties, we will send a new Accessory to your home within a period of no more than 30 days or, should said replacement be impossible within this period, Nacon will refund you the purchase price of the product in question.

You are also informed that you may be entitled to a reduction in the price of the defective product or to the termination of the agreement in the cases provided for in article L.217-14 of the French Consumer code.

In this case, we undertake to return an identical or higher-quality Accessory to you.

If, further to the diagnosis, it turns out that the defect is not covered by the aforementioned warranties, we will return your original Accessory to you.

In any event, you must keep the purchase receipt to benefit from the warranty.

It is pointed out that, under the legal warranty of conformity, the consumer:

is entitled to a two-year period from delivery of the goods to take action against the vendor;
is free to choose between the repair and the replacement of the goods, subject to the cost conditions stipulated in article L. 217-9 of the French consumer code;
is exempted from providing proof of the existence of a lack of conformity of the goods for 24 months following delivery of the goods.

It is recalled that the consumer may decide to implement the warranty against hidden defects of the goods sold under article 1641 of the French civil code, in which case they are free to choose between the cancellation of the sale or a reduction in the selling price, in accordance with article 1644 of the French Civil Code.

Do we sometimes modify these Conditions of use?

Yes, we may make changes to these Conditions of use.

We may sometimes update MyNacon services, which may include the addition or deletion of features, taking into account your interests as well as ours, with a view to improving your experience on MyNacon.

if these changes are significant or detrimental to you, we will ask you to agree to these new Conditions of use before logging into MyNacon again

If a child under 18 in the household is the MyNacon user, one of his/her Representatives must agree to them before he/she can log in again.

If these changes are minor, we will inform you within a reasonable time frame, for example via a message on MyNacon that will come up when you log in, or by email. If you or children under 18 in the household continue to use MyNacon after being informed of the changes, said changes shall be deemed to have been accepted.

You may not continue to use MyNacon if you have not agreed to all significant or detrimental changes; if you decide not to agree to these changes, please contact us to close your account.

Who can enforce these Conditions of use?

These Conditions of use do not create any right which may be enforced by a third party.

We may transfer our rights and obligations under these Conditions of use, and any contract entered into between you and us as part of these Conditions of use, without your consent. If you are unhappy with said transfer, you may decide to close your account in accordance with the provisions of these Conditions of use. You may not transfer your rights and obligations under these Conditions of use.

You may not transfer your rights and obligations under these Conditions of use.

Conditions specific to certain MyNacon services.

The MyNacon services we provide may operate globally.

All MyNacon services are exclusively reserved for domestic, non-commercial use.

Content created and shared online

Certain MyNacon services allow you to share the Profile(s) you publish on the MyNacon platform with us and other members.

While you are the owner of the Profiles you publish, you may not use them for commercial purposes.

When you share a Profile:

We publish it on MyNacon after validation by our moderation team, who may modify the Profile in question for various reasons, in particular modify or delete the Profile if necessary to comply with the law or exercise our rights as stated in these Conditions of use.

Other people may interact with each of your Profiles published and perform various assessment actions such as: like/dislike/add as favourite.

Data you provide us with published on MyNacon

We do not claim to hold the images, texts or other data (Contribution(s)) you provide on MyNacon, publish or upload insofar as the content of what you publish does not include data provided to you or held by MyNacon.

However, by publishing, uploading, submitting or sending your Contributions, your give Nacon, its subsidiaries or sublicensees the irrevocable, non-exclusive, royalty-free, sublicensable and transferable permission to reproduce, distribute, exhibit, use or prepare derivative works based on your Contributions in relation to MyNacon services or Nacon’s businesses activities (and those of its successors and subsidiaries), including but not limited to the distribution of your Contribution in all current and future media where MyNacon services may be distributed or broadcast, at present or in the future, and to publish your name in relation to your Contribution. This permission shall survive any expiry or termination of these Conditions of use.

No financial compensation shall be made as a result of the use of your Contribution. We are not under any obligation to publish or use any contribution you may provide, and we reserve the right to delete your Contribution at any time.

How your account can be suspended or closed:

You can close your account by contacting us via the dedicated form https://my.nacongaming.com/contact or directly on the MyNacon platform from your personal account.

We may suspend or close your account if you fail to comply with these Conditions of use or if you have not used it in the past sixty (60) months. We shall only carry out this suspension or closure if permitted by the laws in force in your country.

Once your account has been closed or terminated, you may no longer access MyNacon or use the services linked to this account. You unconditionally waive any right to any content provided on MyNacon which may remain on this platform.

Ownership and use of intellectual property rights

MyNacon, Nacon are brands or registered trademarks of Nacon. The names of the companies and their products used on MyNacon may be trademarks of their respective owners.

Any questions? Any comments?

If you have any questions, please contact us via the contact form https://my.nacongaming.com/contact.

You can send us suggestions, comments, ideas, recommendations relating to MyNacon services

In this case, you grant us the non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free and fully paid up right to use these suggestions, comments, ideas, without restriction and without any obligation of confidentiality or compensation in your favour.

Applicable law, jurisdictional competence

These MyNacon Conditions of use were written in French and, in the event of any difference between the French version of these Conditions of use and their translation, the French version shall prevail.

As a consumer, you may have rights under local laws in force which may not be excluded, limited or modified in any way. These rights shall take precedence over these Conditions of use.

These Conditions of use are governed by French law.

Any dispute relating to the conclusion, interpretation, performance or termination of these Conditions of use, including in the event of summary proceedings, multiple defendants or introduction of third parties, shall be subject to the exclusive jurisdiction of the Paris Courts.

In the event of a dispute between the professional and the consumer, said Courts shall seek an amicable solution.

Failing amicable agreement, the consumer may refer, free of charge, to the consumer ombudsman with authority over the professional, i.e. the Association of European Ombudsmen (AME CONSO), within one year of the written complaint sent to the professional.

The consumer ombudsman shall be referred to:

by completing the form provided for this purpose on the AME CONSO’s website: www.mediationconso-ame.com ;
or by sending a letter to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.

In the absence of agreement via the ombudsman, the consumer may refer the matter to the competent Court.

Appendix 1

Articles on legal warranty and warranty against hidden defects

Full text of the relevant articles of the French Consumer code and Civil code relating to legal warranties the seller of a good is required to provide:

Article L217-4 of the French Consumer Code:

The goods are in accordance with the agreement if they meet the following criteria, where appropriate:

1° They match the description, type, quantity and quality, in particular with regard to the functionality, compatibility, interoperability, or any other characteristic under the agreement;

2° They are suitable for to any particular purpose sought by the consumer, made known to the seller at the latest by the time of conclusion of the agreement and accepted by said seller;

3° They come complete with all accessories and installation instructions, which must be provided in accordance with the agreement;

4° They are updated in accordance with the agreement.

Article L217-5 of the French Consumer Code:

I.- In addition to criteria relating to compliance with the agreement, the goods are compliant if they meet the following criteria:

1° They are suitable for the use normally expected of similar goods, taking due account, where appropriate, of any provision of EU and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the relevant sector;

2° Where appropriate, they possess the qualities presented by the seller to the consumer in the form of a sample or model, prior to the conclusion of the agreement;

3° Where appropriate, the digital items they contain are provided in the most recent version available at the time of conclusion of the agreement, unless the parties agree otherwise;

4° Where appropriate, they come complete with all accessories, including the packaging, and installation instructions that the consumer may legitimately expect;

5° Where appropriate, they are supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19;

6° They match the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect of similar goods, given the nature of the goods and the public statements made by the seller, by anyone upstream of the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II.- However, the seller shall not be bound by any public statements mentioned in the previous paragraph if they can demonstrate that:

1° They were not aware of them and were legitimately not in a position to know them;

2° At the time of conclusion of the agreement, the public statements had been rectified under conditions similar to the initial statements; or

3° The public statements could not have affected the purchasing decision.

III.- The consumer cannot dispute compliance on the grounds of a defect relating to one or more specific characteristics of the goods, of which he/she has been specifically informed that they deviated from the compliance criteria set out in this article, having explicitly and separately agreed to said deviation when concluding the agreement.

Article L217-12 of the French Consumer Code:

The seller may decide not to proceed according to the consumer’s choice if the requested compliance upgrade is impossible or entails disproportionate costs with regard in particular to:

1° The value the goods would have in the absence of a lack of compliance;

2° The significance of the lack of compliance; and

3° The possibility of choosing the other option without significant inconvenience to the consumer.

The seller may refuse to bring the goods into compliance should this be impossible or entail disproportionate costs, in particular with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, proceed to the specific performance of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil code.

Any refusal by the seller to proceed in accordance with the consumer’s choice or to bring the goods into compliance shall be justified in writing or on a durable medium.

Article L217-16 of the French Consumer Code:

In the cases provided for in article L. 217-14, the consumer informs the seller of his/her decision to terminate the agreement. He/she returns the goods to the seller at the seller’s expense. The seller shall refund the price paid by the consumer and shall return any other benefit received under the agreement.

If the lack of compliance only relates to some of the goods delivered under the sale agreement, the consumer shall be entitled to terminate the agreement for all goods, even those that are not covered by this chapter, if he/she cannot reasonably be expected to agree to keep compliant goods only.

For the agreements mentioned in II of article L. 217-1, relating to the sale of goods and, on an ancillary basis, the provision of services not covered by this chapter, the consumer is entitled to terminate the entire agreement. Furthermore, in the event of a bundled offer within the meaning of article L. 224-42-2, the consumer shall be entitled to terminate all related agreements.

The respective obligations of the parties to the agreement, mentioned in article L. 224-25-22, relating to the consequences of the termination for digital content and digital services, are applicable to the termination of the sale agreement of goods featuring digital items.

Article 1641 of the French Civil Code:

The seller is bound by a warranty against hidden defects of the item sold which render it unsuitable for the use for which it was intended, or which so impair said use that the buyer wouldn’t have bought it or would have paid a lower price for it, had they been aware of them.

Article 1648, par. 1, of the French Civil code:

Legal action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.

Last updated on: 11/07/2024