Terms of Sale
Last updated: September 28, 2026
Gustave's legal documents are published in English and in French, with the same content. For consumers residing in France, the French version prevails in case of discrepancy; in all cases, any ambiguity is interpreted in the way most favourable to you.
These Terms of Sale apply to purchases, in euros, of digital cosmetic items (the "Premium Items") on the meetgustave.app website (the "Website"). They supplement the Terms of Service (the "Terms"), whose definitions apply here; for purchases, these Terms of Sale prevail in case of conflict.
Gems (◆) are never sold: they can only be earned by using Gustave. When you buy a Premium Item, you buy the item itself.
1. Seller
Premium Items are sold by 3h53 SAS, a French simplified joint-stock company (société par actions simplifiée, SAS) with a share capital of €1,000, registered under number 930 626 213 R.C.S. Annecy (SIRET 930 626 213 00019), whose registered office is at 16 A rue du Pré d'Avril, 74940 Annecy, France (EU VAT number: FR13930626213). Customer service: hello@meetgustave.app (by email).
2. Scope and acceptance
Premium Items are offered to consumers, meaning individuals acting for purposes outside their trade or profession, residing in a Member State of the European Union. A Gustave account is required to buy. If you are a minor, you must obtain the prior approval of the holder(s) of parental authority before any purchase.
You accept these Terms of Sale by ticking the box provided for this purpose before paying. The applicable version is the one in force on the date of your order; you can save or print it at any time.
3. Premium Items
Nature. A Premium Item is digital content supplied without a tangible medium: a pixel-art cosmetic item added to your account's inventory, which you can equip on Gustave or in his scenery. It is shown on your new tab (with the Extension) and on your public page.
Characteristics. Before purchase, the item's page shows its artwork, category, rarity, availability (permanent, event or collection) and, for a limited edition, its maximum supply and the number of copies left. The edition number is assigned automatically on delivery.
Functionality and compatibility. The item requires a Gustave account and a recent web browser; displaying it on your new tab requires the Extension, available for Google Chrome (a Mozilla Firefox version is planned). It is linked to your account and cannot be exported or used outside Gustave.
Use. A Premium Item is purely cosmetic: it gives no advantage for counting, levels or leaderboards. You obtain the right of use described in section 6 of the Terms, without any intellectual property rights in the artwork. Unless stated otherwise, each item can be bought only once per account.
4. Prices
Prices are stated in euros, including all taxes. The amount of VAT included in the price depends on your country of residence; it is calculated by our payment provider Stripe from the information provided at payment. The final total price is shown on the payment page before you confirm the order. No delivery fees are charged.
The applicable price is the one displayed when you order. We may change our prices at any time, with no effect on orders already placed. Any announced price reduction shows the prior reference price, in accordance with Article L112-1-1 of the French Consumer Code.
5. Ordering
- While signed in to your account, choose a Premium Item and click "Buy".
- You are redirected to Stripe's secure payment page, which summarises the item and the total price. At this stage you can go back to abandon the order or correct your details.
- On that page, tick the box by which you accept these Terms of Sale and request immediate delivery of the digital content, acknowledging that you thereby lose your right of withdrawal (section 8).
- Confirm the order by clicking the payment button, whose label indicates that the order involves an obligation to pay.
The contract is concluded as soon as Stripe confirms the payment, and we acknowledge receipt of your order by email. We may refuse an order for a legitimate reason, in particular suspected fraud or a suspended account.
6. Payment
Payment is due immediately. It is processed by Stripe Payments Europe, Limited, using the methods offered on the payment page (including bank cards). Your payment details are entered directly with Stripe and are never passed on to us. Your bank may require strong authentication. If the payment fails or is declined, the order is not concluded.
A receipt is sent to you by email. You can obtain an invoice on request at hello@meetgustave.app.
7. Delivery
Immediate supply. As soon as Stripe confirms the payment, the item is automatically added to your inventory, usually within seconds. We send you by email, on a durable medium, the confirmation of your order, including its essential information and these Terms of Sale, together with the confirmation of your consent to immediate delivery and of your acknowledgement that you lose your right of withdrawal.
Failed delivery. If the item does not appear in your inventory a few minutes after payment, contact us at hello@meetgustave.app. If it is not supplied without undue delay after your request, you may terminate the contract and be refunded. If you were charged although the purchase did not go through, you are refunded automatically.
Sold-out edition. If a limited edition sells out between your payment and delivery, the order is cancelled and you are refunded in full, automatically.
8. Right of withdrawal
Principle. For distance purchases, consumers normally have 14 days to withdraw (Article L221-18 of the French Consumer Code).
Exception for Premium Items. Premium Items are delivered immediately after payment. Under Article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content without a tangible medium whose performance has begun, where the consumer gave prior express consent to such performance before the end of the withdrawal period, acknowledged that they would thereby lose their right of withdrawal, and the trader provided confirmation of this consent on a durable medium (Article L221-13).
This is why the payment page asks you to tick the following statement: "I accept the terms of sale and ask for immediate delivery of this digital content; I acknowledge that I thereby lose my right of withdrawal." Once the item has been delivered, you can no longer withdraw.
When the right of withdrawal applies. If this consent or acknowledgement was not obtained, if its confirmation was not sent to you, or if the item has not yet been supplied, you may withdraw within 14 days of the conclusion of the contract, without giving any reason. Simply send us, before the deadline, an unambiguous statement, for example by email to hello@meetgustave.app, or the form in the appendix. We refund you no later than 14 days after receiving your decision, using the payment method used for the order, and the item is removed from your inventory.
9. Legal guarantees
You benefit from the legal guarantee of conformity for digital content (Articles L224-25-12 et seq. of the French Consumer Code) and from the legal guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code). To use them, write to us at hello@meetgustave.app describing the problem (for example an item that does not display or cannot be equipped).
The information box required by French law is reproduced below in English translation; its official wording is the French one, given in the French version of these Terms of Sale.
You have two years from the supply of the digital content or digital service to invoke the legal guarantee of conformity if a lack of conformity appears. For one year from the date of supply, you only need to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity includes the obligation to provide all updates necessary to keep the digital content or digital service in conformity.
The legal guarantee of conformity entitles you to have the digital content or digital service brought into conformity without undue delay following your request, free of charge and without significant inconvenience to you.
You may obtain a price reduction while keeping the digital content or digital service, or terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:
- the trader refuses to bring the digital content or digital service into conformity;
- bringing it into conformity is unjustifiably delayed;
- it cannot be brought into conformity without costs being imposed on you;
- bringing it into conformity causes you significant inconvenience;
- the lack of conformity persists despite the trader's unsuccessful attempt to remedy it.
You are also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. You are then not required to ask first for the digital content or digital service to be brought into conformity.
Where the lack of conformity is minor, you are only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.
These rights result from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of its average annual turnover (Article L. 242-18-1 of the French Consumer Code).
You also benefit from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles you to a price reduction if you keep the digital content or digital service, or to a full refund in exchange for giving it up.
10. Refunds and payment disputes
Apart from the cases provided for by law (withdrawal where it applies, lack of conformity, failed delivery) and those in sections 7 and 12, purchases are final. We also refund a purchase when a technical failure attributable to us permanently prevents the delivery or use of the item. Refunds are made through Stripe, to the payment method used, within 14 days unless the law sets a different deadline.
A refunded item is removed from your inventory and your outfit. If you dispute a payment with your bank, the item is also removed; if it has been resold at the Market in the meantime, we may deduct the gems obtained from your balance. An abusive dispute may lead to the suspension of your account (section 15 of the Terms). Before disputing a payment, please write to us: we solve most problems quickly.
11. Resale at the Market
A Premium Item can be resold at the Market, for gems only, after the safety delay shown in the Service. Such a resale gives rise to no payment or refund in euros: the buyer receives the right to use the item, and you lose all rights in it.
12. Changes to items and shutdown of the Service
We provide free of charge the updates necessary to keep Premium Items in conformity.
We may also change a Premium Item for a valid reason: improved artwork, a fix, technical compatibility, consistency of the catalogue or legal compliance. These changes are free for you. If one of them has a more than minor negative impact on your access to or use of the item, we inform you in advance, clearly and on a durable medium; you may then terminate the contract free of charge within 30 days and be refunded as provided by law, unless we allow you to keep the item unchanged (Article L224-25-26 of the French Consumer Code).
If the Service shuts down, we will notify you by email at least 60 days in advance. Premium Items bought within the 6 months before this announcement are refunded in full. Your statutory rights are preserved in all cases.
13. Account deletion or closure
If you delete your account, your Premium Items are permanently lost and are not refunded; you are informed of this before confirming the deletion. If your account is closed for a serious breach attributable to you, they are not refunded, unless the law provides otherwise. If we close your account although you are not in breach, section 12 applies as in the case of a shutdown of the Service.
14. Customer service, complaints and mediation
For any question or complaint, write to hello@meetgustave.app, stating your account's email address, the order date and the item concerned.
Before the first sale of Premium Items, we will join a consumer mediator listed by the French Commission for the evaluation and control of consumer mediation (CECMC); its name, website and postal address will be given here and in the Legal Notice. If your written complaint has not been resolved, you will be able to refer the matter to it free of charge, within one year of your written complaint (Articles L612-1 et seq. of the French Consumer Code). If you live in another EU country, the European Consumer Centre of your country can also help you free of charge.
15. Governing law, courts and language
These Terms of Sale are governed by French law, without depriving you of the mandatory protections of the law of your country of residence if you live in another EU Member State. Failing an amicable settlement, you may bring the dispute before any court having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where you lived when the contract was concluded (Article R631-3 of the French Consumer Code); if you live in another EU Member State, you may also bring proceedings before the courts of your country.
These Terms of Sale are published in English and in French, with the same content. For consumers residing in France, the French version prevails in case of discrepancy; in all cases, any ambiguity is interpreted in the way most favourable to the consumer (Article L211-1 of the French Consumer Code).
16. Record keeping
We keep your order data for 10 years to meet our accounting obligations. For any order of €120 or more, we keep the contract for 10 years and give you access to it on request (Article L213-1 of the French Consumer Code).
Appendix — Withdrawal form
Use this form only if the right of withdrawal applies (section 8).
(Please complete and return this form only if you wish to withdraw from the contract.)
To 3h53 SAS, 16 A rue du Pré d'Avril, 74940 Annecy, France, hello@meetgustave.app:
I hereby give notice that I withdraw from the contract for the supply of the following digital content:
- Premium Item: …
- Ordered on: …
- Name of the consumer: …
- Email address of the Gustave account: …
- Address of the consumer: …
- Signature of the consumer (only if this form is sent on paper): …
- Date: …