TEAM VITALITY GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale are available below

These general terms and conditions of sale (hereinafter the “GTCs”) are entered into between, on the one hand, TEAM VITALITY, a simplified joint-stock company with a share capital of 27,998 euros, whose registered office is located at 102 Boulevard de Sebastopol – 75003 Paris, registered with the Paris Trade and Companies Register under number 794 387 498, represented by Mr. Nicolas Maurer, its Managing Director, duly authorized for the purposes hereof (hereinafter the “Seller”), and, on the other hand, any customer, consumer or professional, as such concepts are defined by law, purchasing a product or subscribing to one of the paid services offered on the website vitality.gg (hereinafter the “Customer”).


PREAMBLE


The Seller is a renowned esports team in France and abroad. In addition to its main activity, the Seller markets equipment, accessories, apparel and merchandise from its teams, notably through an online store. The list and description of the products for sale can be viewed on the website accessible at vitality.gg. 


ARTICLE 1 – DEFINITIONS


ORDER: any purchase of Products made by the Customer on the Website


PRICE : the unit value of a Product, which is inclusive of all taxes


TOTAL PRICE : the total amount of the cumulative Prices of the Products that make up an Order. This amount is inclusive of all taxes.


PRODUCTS : all goods and products offered for sale on the Website


WEBSITE : the website vitality.gg 


ARTICLE 2 – PURPOSE


The purpose of the GTCs is to define the rights and obligations of the Seller and the Customer in connection with the sale of Products carried out through the Website. 


ARTICLE 3 – SCOPE, ACCEPTANCE, ENTRY INTO FORCE AND DURATION OF THE GTCs


The GTCs apply to any Product sold to the Customer by the Seller through the Website. 


Before the final confirmation of any Order on the Website, the Customer must have read the GTCs in their entirety by clicking on the hyperlink provided for this purpose. The confirmation of an Order for a Product on the Website constitutes the Customer's acceptance of the GTCs without reservation or restriction. The GTCs thus accepted shall prevail over any other general or specific terms and conditions not expressly accepted by the Seller. 


Apart from any order, the GTCs are available for informational purposes by clicking on the hyperlink provided for this purpose on the Website.


The Seller reserves the right to amend the GTCs at any time, without notice, by publishing a new version on the Website. The applicable GTCs are those in force on the date the Order is confirmed on the Website.


The invalidity of a clause of the GTCs does not entail the invalidity of the rest of the GTCs. The temporary or permanent non-application of one or more clauses of the GTCs by the Seller shall not constitute a waiver of said clause or of the other clauses of the GTCs, which continue to have their effects.


ARTICLE 4 – INFORMATION OF THE CUSTOMER


Prior to the acceptance of the Order, the Customer declares having been informed of the essential characteristics of the Product, this information being accessible on the Website on the day of the Order. 


Products are offered subject to available stock.


The printing of the official or replica jerseys of the Seller's teams is subject to the following conditions: 

  • Printing is done in uppercase only ;
  • Special characters offered by the Seller may be included ;
  • The font is exclusively in the Latin alphabet (Bison) ;
  • Printing may contain numbers;
  • Printing is limited to a maximum of twelve (12) characters.


The Customer also declares that the Seller has made available to them, prior to the Order, information relating to its identity, postal and electronic contact details, which appear in the legal notices section of the Website. 


Finally, through these GTCs, the Customer declares having been informed, prior to the confirmation of the Order, of the other contractual conditions applicable to the sale and, for consumers, of the conditions relating to the right of withdrawal.


ARTICLE 5 – CREATION, OPERATION AND CONFIDENTIALITY OF THE CUSTOMER ACCOUNT


To create a customer account, the Customer must enter their first name, last name and email address, this information hereinafter referred to as the “Personal Data”, the rules for the collection, processing and retention of which are set out in the Seller's personal data protection charter accessible at https://vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel. The Seller cannot be held responsible for the improper processing of an Order if the Customer has made an error, whether intentional or not, in entering their Personal Data on their Customer account.


To complete the creation of their customer account, the Customer enters a password that they create and must keep secret and not disclose. The Customer must in particular check that their password is sufficiently secure (containing a sufficient number of characters, varied alphanumeric characters, etc.), and ensure they log out of their session when they leave the Website login page.


The Customer is solely responsible for access to their customer account.


If the Customer believes that someone is using their customer account without their knowledge, they must immediately contact the Seller's customer service, which may reset the password and take any measure it deems appropriate.


ARTICLE 6 – ORDER

The Customer declares having the legal capacity and authority to contract with the Seller.


6.1 Placing the Order


To place an Order on the Website, the Customer must necessarily follow the following steps:


  • Enter the Website address in an Internet browser and view the Website information relating to the essential characteristics and Prices of the Products;


  • Follow the Website instructions necessary to open a customer account, which are recalled in Article 5, and/or log in to their account using their login and password;


  • Complete the order form by selecting the size and quantity of the desired Products;


  • Check the elements of the Order on the summary provided by the Seller, which contains the Products chosen, the Total Price, the Customer's contact details, any fees, the billing address, the delivery address and method, and the chosen payment method, and, if applicable, identify and correct any errors;


  • Finally confirm the Order and the Total Price of the Products ordered, subject to having previously read and accepted the GTCs and, for consumers, the conditions for waiving the right of withdrawal, which are recalled in Article 8 below;


  • Follow the online payment server instructions to pay the Total Price.


The Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith, or for any other legitimate reason, and in particular when there is a dispute with the Customer regarding the payment of a previous Order.


6.2 Payment of the Order

 

For any Order placed on the Website, the Customer must pay for their Order immediately on the date of the Order by means of a bank card, via a PayPal account, via Apple Pay, or through a gift card purchased on the Website. The accepted bank cards are those from the Carte Bleue, Visa, MasterCard / EuroCard, and American Express networks. 


The Customer guarantees the Seller that they have the necessary authorizations to use these payment methods and acknowledges that the information provided for this purpose constitutes proof of their consent to the sale and to the enforceability of the amounts due under the Order. 


The transaction is debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company that issued the bank card used by the Customer.


To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on it is indeed theirs. The Customer provides the sixteen digits and the expiration date of their bank card, as well as, if applicable, the visual cryptogram numbers.


In the event that the debit of the Total Price is impossible, the sale will be immediately rescinded by operation of law and the Order will be canceled.


The Seller uses all means to ensure the confidentiality and security of the payment data transmitted on the Website. The secure online payment is carried out by a payment service provider. 

 

6.3 Order Confirmation 


Once the Order has been paid, the Seller will immediately send the Customer an email confirming the Order and its payment; this email summarizes all the elements of the Order (Products ordered, Total Price), provides an order number and, if applicable, for consumers, the conditions for waiving the right of withdrawal as accepted by the Customer, as well as links to the GTCs and to the form for exercising the right of withdrawal. 


By printing and/or keeping this email, the Customer will have a means of proof attesting to the placement of their Order.


The electronic invoice will be available in a dedicated area on the Customer's account. It will be issued in the name and address indicated by the Customer at the time of the Order.


The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service before delivery.

 

In the event of the unavailability of a Product, the Seller will inform the Customer by email as soon as possible in order to cancel the Order for this Product and refund the corresponding price, the rest of the Order remaining firm and final. 


For any question relating to the tracking of an Order, the Customer may contact customer service at the following address (via the form) specifying the subject of the request. The service is available Monday to Friday from 9 a.m. to 6 p.m.


ARTICLE 7 – DELIVERY  

Delivery is only made after confirmation of payment by the Seller's banking institution. 

Products are delivered to the address indicated by the Customer on the online form serving as the order form, the Customer having to ensure its accuracy. 


Any package returned to the Seller due to an omission on the part of the Customer, an incorrect or incomplete delivery address will be re-shipped at the customer's expense after correction of the address. 


Except in cases of force majeure, delivery takes place, according to the method chosen by the Customer, within the following timeframes: 6 (six) to 8 (eight) days.


Any claim related to the delivery of the Products must be addressed to the address via the form specifying the subject of the request.


Any report, claim, reservation or return not carried out in accordance with the rules defined in this article and within the time limits will not be taken into account and will release the Seller from any liability towards the Customer. 


7.1 Delivery delay and repudiation 


In the event of a delivery delay, the Seller will inform the Customer, who may repudiate the contract and request a refund within 14 (fourteen) days from this information. 
The Seller will then issue a full refund of the Product and the delivery fees.

7.2 Order Verification 


If at the time of delivery, the original packaging is damaged, torn, or open, the Customer must then check the condition of the Products. If they have been damaged, the Customer must necessarily refuse the package and note a reservation on the delivery note.

 
The Customer must indicate on the delivery note, and in writing, any anomaly concerning the delivery. 

The verification of the Products is considered completed as soon as the Customer, or a person authorized by them, has signed the delivery note.

 

7.3 Delivery error


In the event of a delivery error and/or non-conformity of the Products with the indications on the order form, the Customer submits their claim to the Seller on the day of delivery or at the latest on the first business day following delivery.

 
If the Seller has shipped the Products to the address provided by the Customer at the time of the Order and the carrier confirms successful delivery of the Products, the Products are presumed delivered in such a way that the Seller will not have to reship the Order, even if the Customer claims not to have received them. 


7.4 Product Returns


The Product to be exchanged or refunded must be returned to the Seller according to the following terms: 


  • From the date of delivery of the Order, the Customer has 30 (thirty) days to send an email via the form specifying the purpose of the request. The return period is 14 (fourteen) days in the event that the Customer exercises their right of withdrawal in accordance with Article 8 below;


  • The return or exchange of the Product can only be accepted for products that are complete, intact, with their label and in their original condition, particularly with complete, intact packaging in saleable condition. Textile Products must not have been cleaned. 


  • Due to the customization of the product, jerseys and other printed or personalized items cannot be exchanged or refunded, except in the event of receiving a defective product. 


The Customer may request an exchange or refund of the returned Product without penalty, with the exception of return shipping costs, which remain their responsibility. However, in the event of an exchange, additional shipping costs may be charged to the Customer. 


ARTICLE 8 – RIGHT OF WITHDRAWAL


In accordance with Article L. 221-18 of the French Consumer Code, the Customer may exercise their right of withdrawal within 14 business days following delivery.

 
The Customer may exercise their right of withdrawal within this period by sending the withdrawal form to the Seller or by sending an email via the form


After communicating their decision to withdraw, the Customer has 14 (fourteen) days to return or restitute the Products concerned.


Any withdrawal or return not carried out in accordance with the rules defined above and within the specified timeframes cannot be taken into account and shall release the Seller from any liability towards the Customer. 

The Customer may request a refund of the returned Product without penalty, with the exception of return shipping costs, which remain their responsibility. 


The Seller must refund the Customer the full amount paid, including shipping costs, within 14 (fourteen) days of receiving the Products or receiving proof of their shipment. However, the Seller is not required to refund additional costs if the Customer expressly chose a shipping method more expensive than the standard shipping method offered by the Seller. 


Certain Products, due to their intrinsic nature, cannot be subject to the right of withdrawal and cannot be refunded, including but not limited to Products covered by Article L. 221-28 of the French Consumer Code, namely: 

  • Products made to the Customer's specifications or clearly personalized, such as printed jerseys; 
  • Products that are likely to deteriorate or expire quickly; 
  • Products that have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons; 
  • Audio or video recordings or computer software when they have been unsealed by the Customer after delivery; 
  • Newspapers, periodicals or magazines, except for subscription contracts for these publications.


ARTICLE 9 – PRICE


The Prices of the Products sold are those shown on the Site on the day the Order is confirmed. These Prices are, on that date, firm and final. They are expressed in euros, all taxes included, and do not include shipping costs, which are charged separately. Shipping costs are indicated before the Customer confirms the Order. 


The Prices include the taxes applicable on the day of the Order, and any change in the rate of these taxes will automatically be reflected in the Price of the Products. If one or more taxes or contributions, particularly environmental ones, are created or modified, whether increased or decreased, this change may be reflected in the Price of the Products.


The Seller reserves the right to change its Prices at any time, while guaranteeing the Customer the application of the Price in effect on the day of the Order.


The total amount of the Order (all taxes included) including shipping costs is indicated before the final confirmation of the order form. 


However, in certain countries, the Customer may incur additional customs duties upon receipt of the package. These are not part of the total Price of the Order. They will be the Customer's responsibility.


The telecommunication costs inherent to accessing the Site remain the exclusive responsibility of the Customer. The validity period of the offers and Prices is determined by the update of the Site.


VAT will be applicable according to the territorial rules applicable to intangible services, in accordance with Article 259 B of the French General Tax Code.


ARTICLE 10 - SPECIAL LOOT BOXES OPERATION

The lootboxes (or "mystery boxes") offered on our site are boxes containing a random selection of several products from previous collections (years 2022, 2023 and 2024). These products may include textile items, accessories or other merchandise.


10.1 Lootbox Contents


Each lootbox contains several items, selected randomly from a defined set of products. There is no rarity system or exclusive products in the lootboxes. The content is the same for all buyers in terms of commercial value and product type, although the exact items may vary.


10.2 Nature of the Product


By purchasing a lootbox, the customer agrees to receive random content, with no option to choose or personalize. The total commercial value of the products received is always at least equivalent to the purchase price of the lootbox.


10.3 Returns and Withdrawal


In accordance with current legislation, customers have a legal withdrawal period of 14 days from the receipt of the order. To exercise this right in the case of a lootbox, the entire content of the box must be returned, in perfect condition, in its original packaging. No partial return will be accepted.


10.4 Availability


Lootboxes are offered subject to available stock. The company reserves the right to limit the number of purchases per customer to ensure fair distribution.


ARTICLE 11 – PRODUCT WARRANTIES


The Seller guarantees the conformity of the Products.


The Customer may make a claim under the legal guarantee of conformity, in accordance with the provisions of Article L. 217-4 of the French Consumer Code, or under the guarantee against hidden defects under Articles 1641 et seq. of the French Civil Code.

 

The Customer is informed that the Seller is not the manufacturer of all the Products presented within the meaning of Law No. 98-389 of May 19, 1998, relating to liability for defective products.


11.1 Guarantee of Conformity

 
The Customer has a period of 2 (two) years from the delivery of the Product to exercise the legal guarantee of conformity.

 
To this end, they may choose between the repair or replacement of the Product, under the conditions provided for in Article L. 217-9 of the French Consumer Code.

 

Non-conformity defects that appear within 24 (twenty-four) months from the delivery of the Product are presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.


11.2 Guarantee Against Hidden Defects


The Customer, if they exercise the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, may choose between the rescission of the sale or a reduction in Price, in accordance with Article 1644 of the French Civil Code.


ARTICLE 11 – ARCHIVING - EVIDENCE 


The Customer is expressly informed that, except in cases of manifest error which they provide proof of, the data stored in the Seller's databases have probative force regarding the Orders placed.


Data stored on computer or electronic media regularly constitute admissible and opposable evidence, particularly regarding the nature, content and date of the Orders, under the same terms and with the same probative force as invoices and quotes received and kept in writing.


ARTICLE 12 – PROCESSING OF PERSONAL DATA RELATED TO THE SALE OF PRODUCTS


The Customer is informed that Personal Data may be used by the Seller for the proper execution of the sales contract and the delivery of the Products.


The recipients of the processing related to the Customers' Personal Data are indicated in the Personal Data Charter, as well as the retention period of the data, the rights held by the Customers and the conditions for exercising them. The Charter can be viewed at the following address: https://vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel


ARTICLE 13 – INTELLECTUAL PROPERTY


The Seller holds the intellectual property rights to all elements, including trademarks registered by the Seller, illustrations, images, logos, photographs, videos, sounds, and texts composing or reproduced on the Site or the Products. Therefore, any reproduction, representation, adaptation, translation and/or partial or full transformation and/or transfer to another website of any element or data composing or reproduced on the Site or the Products, by any means, for any reason and on any medium whatsoever, without the prior written authorization of the Seller, is strictly prohibited. The same applies to any copyright, design and model that are the property of the Seller.


Failure to comply with this prohibition may constitute an act of counterfeiting involving the civil and/or criminal liability of its author. The Seller reserves the right to initiate legal proceedings against any person who does not comply with this prohibition.


ARTICLE 14 – LIABILITY


The Seller cannot under any circumstances be held responsible for an Internet connection problem, lack of network, non-receipt of the newsletter, deletion of a customer account, maintenance or any other restriction of access to the Site.


Photos, illustrations and/or visuals are published on the Site for illustrative purposes only and cannot be considered as faithfully representing the offer in question. Photos, illustrations and/or visuals have no contractual value whatsoever. In the event of errors, the Seller cannot be held liable for this.


The Seller cannot be held responsible for damages of any nature, whether material, immaterial or personal, which may result from the Customer's improper use of the Products. 


ARTICLE 15 – INSURANCE


The Seller has taken out professional liability insurance covering its activity in France with Aviva Assurances.


ARTICLE 16 - FORCE MAJEURE


The obligations contained herein will not apply or will be suspended by operation of law if their execution has become impossible due to an event of force majeure.


The Seller will notify the Customer of the occurrence of an event of force majeure within 7 (seven) days from the occurrence of this event. When the suspension of the performance of the Seller's obligations continues for a period exceeding 21 (twenty-one) days, the Customer has the possibility to cancel the current Order and the Seller must then proceed with the refund of the Order under the conditions provided for in Article 7.


ARTICLE 17 – CLAIMS


Any claim must be made by email via the form or by post to the following address: TEAM VITALITY, 102, boulevard de Sebastopol – 75003 PARIS.

Claims thus submitted will be subject first to an attempt at an amicable settlement and, in all cases, to a written response from the Seller.


In the year following the Customer's claim to the Seller's services, the Customer may, in application of the provisions of Article R. 616-1 of the French Consumer Code, have their request examined by a mediator, each dispute only being able to be examined by a single mediator. The competent mediator is the mediator of cooperative and associated trade: http://www.mcca-mediation.fr. 


You can contact the mediator by email (servicemediation@mcca-mediation.fr) or by mail at the following address: FCA, 77 rue de Lourmel, 75015 Paris.


For cross-border disputes, the Customer may contact the European Consumer Centre France: www.europe-consommateurs.eu 


The Customer may, at their own expense, be assisted by an advisor.


ARTICLE 18 – APPLICABLE LAW AND COMPETENT JURISDICTION


The applicable law is French law.


Any dispute relating to the Order, to these General Terms and Conditions of Sale, to their interpretation or performance shall be subject to the exclusive jurisdiction of the French courts having territorial jurisdiction.


Done in Paris, on February 17, 2020