TEAM VITALITY GENERAL TERMS AND CONDITIONS OF SALE

The T&Cs are available below in French and English.

These general terms and conditions of sale (hereinafter the " GTC ") are concluded 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 in the Paris trade and companies register under number 794 387 498, represented by Mr. Nicolas Maurer, its general manager, duly authorized for the purposes hereof (hereinafter the " Seller "), and, on the other hand, any customer, consumer or professional, as these notions are defined by law, purchasing a product or subscribing to one of the paid services offered on the site https://shop.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 sells equipment, accessories, textiles and products derived from its teams, in particular through an online store. The list and description of the products for sale can be viewed on the website accessible at the address https://shop.vitality.gg .


ARTICLE 1 – DEFINITIONS


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


PRICE : the unit value of a Product, which includes all taxes.


TOTAL PRICE : the total amount of the cumulative Prices of the Products which are the subject of an Order. This amount is inclusive of all taxes.


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


SITE : the website https://shop.vitality.gg 


ARTICLE 2 – PURPOSE


The purpose of the General Terms and Conditions is to define the rights and obligations of the Seller and the Customer in connection with sales of Products made through the Site.


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


The General Terms and Conditions are applicable to any Product sold to the Customer by the Seller via the Site.


Before the final validation of any Order on the Site, the Customer must have read the T&Cs in their entirety by clicking on the hyperlink provided for this purpose. Validation of the Order of a Product on the Site constitutes acceptance without reservation or restriction of the T&Cs by the Customer. The T&Cs thus accepted will prevail over any other general or specific conditions not expressly accepted by the Seller.


Outside of any order, the T&Cs are accessible for information purposes by clicking on the hyperlink provided for this purpose on the Site.


The Seller reserves the right to modify the T&Cs at any time, without notice, by publishing a new version on the Site. The applicable T&Cs are those in force on the date of validation of the Order on the Site.


The invalidity of a clause of the GTC does not entail the invalidity of the rest of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by the Seller cannot be considered a waiver on its part of said clause or of the other clauses of the GTC which continue to produce their effects.


ARTICLE 4 – CUSTOMER INFORMATION


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


The Products are offered within the limits of available stocks.


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

  • Flocking is done in capital letters only;
  • It will be possible to integrate the special characters proposed by the Seller;
  • The font is exclusively in the Latin alphabet (Bison);
  • The flocking may contain numbers;
  • Flocking is limited to a maximum of twelve (12) characters.


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


By means of these General Terms and Conditions, the Customer finally declares having been informed, prior to validation 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 provide their first name, last name and email address, this information being hereinafter referred to as " Personal Data ", the rules for the collection, processing and storage of which are provided for in the Seller's personal data protection charter accessible at https://shop.vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel . The Seller cannot be held responsible for the mishandling of an Order, if the Customer has made an error, intentional or not, in entering their Personal Data in their Customer account.


To complete the creation of his customer account, the Customer enters a password that he creates and that he must keep secret and not disclose. The Customer must in particular check that his password is sufficiently secure (containing a sufficient number of characters, varied alphanumeric characters, etc.), and ensure that he disconnects his session when he leaves the means of connection to the Site.


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


If the Customer believes that someone is using his customer account without his knowledge, it is his responsibility to contact the Seller's customer service without delay, which may reset the password and take any measures it deems appropriate.


ARTICLE 6 – ORDER

The Customer declares that he has the capacity and legal power to contract with the Seller.


6.1 Execution of the Order


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


  • Enter the Site address on an Internet browser and consult the Site information relating to the essential characteristics and Prices of the Products;


  • Follow the instructions on the Site necessary for opening a customer account, which are recalled in article 5, and/or log in to your account using your username 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 and which contains the Products chosen, the Total Price, the Customer's contact details, any costs, the billing address, the delivery address and method and the chosen payment method and, where applicable, identify and correct errors;


  • Definitively validate the Order and the Total Price of the Products ordered, subject to having previously consulted and accepted the General Terms and Conditions and, for consumers, the conditions for waiving the right of withdrawal, which are recalled in Article 8 below;


  • Follow the instructions of the online payment server for payment of the Total Price.


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


6.2 Payment of the Order

 

For any Order placed on the Site, the Customer must pay for his Order in cash on the date of the Order by means of a bank card, via a Paypal account, via Apple Pay or via a gift card purchased on the Site. The bank cards accepted are those of the Carte Bleue, Visa, MasterCard / EuroCard, American Express networks.


The Customer guarantees to the Seller that he has the necessary authorizations to use these payment methods and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the Order.


The transaction is debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.


For this purpose, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on it is indeed his. The Customer communicates the sixteen digits and the expiry date of his bank card, as well as, where applicable, the numbers of the visual cryptogram.


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


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

 

6.3 Confirmation of the Order


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), gives an order number and, where applicable, for consumers, the conditions for waiving the right of withdrawal as accepted by the Customer as well as links to the General Terms and Conditions 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 placing of his Order.


The electronic invoice will be available in a dedicated space on the Customer's account. It will be made out to 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 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 reimburse the related price, the remainder of the Order remaining firm and final.


For any questions regarding 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 from 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.

The Products are delivered to the address indicated by the Customer on the online form serving as an order form, the Customer being responsible for ensuring its accuracy.


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


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


Any complaints relating to the delivery of the Products must be sent to the address via the form specifying the subject of the request.


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


7.1 Delay in delivery and termination


In the event of a delay in delivery, the Seller will inform the Customer, who may terminate the contract and request a refund within 14 (fourteen) days of this information.
The full refund of the Product and delivery costs is then made by the Seller.

7.2 Verification of the Order


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

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

The verification of the Products is considered to have been carried out once the Customer, or a person authorized by him, 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 information appearing on the order form, the Customer must submit a complaint to the Seller on the day of delivery or at the latest on the first working day following delivery.

 
If the Seller has shipped the Products to the address indicated by the Customer when placing the Order and the carrier confirms the correct delivery of the Products, the Products are presumed to have been delivered such that the Seller will not have to reship the Order, even if the Customer claims not to have been delivered.


7.4 Return of Products


The Product to be exchanged or refunded must be returned to the Seller in accordance with the following terms:


  • From the date of delivery of the Order, the Customer has 30 (thirty) days to send an email via the form by specifying the subject of the request. The return period is 14 (fourteen) days in the case of the exercise of the right of withdrawal by the Customer in accordance with article 8 below;


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

  • Due to the customization of the product, jerseys and other flocked or personalized items cannot be exchanged or refunded, except in the case of a defective product received.


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


ARTICLE 8 – RIGHT OF WITHDRAWAL


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

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


After having communicated his decision to withdraw, the Customer then has 14 (fourteen) days to return or restore the Products concerned.


Any withdrawal or return not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the Seller from any liability towards the Customer.

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


The Seller shall reimburse the Customer for all amounts paid, including delivery costs, within 14 (fourteen) days of recovery of the Products or of the transmission of proof of shipment of these Products. However, the Seller is not required to reimburse additional costs if the Customer expressly chooses a more expensive delivery method than the standard delivery method proposed by the Seller.


Certain Products, due to their intrinsic quality, may not be subject to the right of withdrawal and may not be refunded, in particular but not exclusively, the Products covered by Article L. 221-28 of the Consumer Code, namely:

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


ARTICLE 9 – PRICE


The Prices of the Products sold are those appearing on the Site on the day the Order is validated. These Prices are, on this date, firm and final. They are expressed in euros including all taxes, and do not take into account delivery costs, which are invoiced in addition. Delivery costs are indicated before validation of the Order by the Customer.


The Prices take into account the taxes applicable on the day of the Order and any change in the rate of these taxes will be automatically reflected in the Price of the Products. If one or more taxes or contributions, in particular environmental ones, were to be created or modified, either upwards or downwards, this change may be reflected in the Price of the Products.


The Seller reserves the right to modify 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) and delivery costs included is indicated before final validation of the order form.


 However, in some countries, the Customer may incur additional customs taxes upon receipt of the package. These are not part of the total Price of the Order. They will be borne by the Customer.


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


VAT will be applicable according to the territoriality rules applicable to intangible services, in accordance with article 259 B of the general tax code.


ARTICLE 10 – PRODUCT WARRANTIES


The Seller guarantees the conformity of the Products.


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

 

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


10.1 Guarantee of conformity

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

 
As such, he may choose between repair or replacement of the Product, under the conditions set out in Article L. 217-9 of the Consumer Code.

 

Any lack of conformity which appears within 24 (twenty-four) months from delivery of the Product shall be presumed to have existed at the time of delivery, unless proven otherwise.
 For goods sold second-hand, this period is set at six months.


10.2 Guarantee of hidden defects


The Customer, if he implements the guarantee of hidden defects provided for in articles 1641 et seq. of the Civil Code, may choose between the resolution of the sale or a reduction in the Price, in accordance with article 1644 of the Civil Code.


ARTICLE 11 – ARCHIVING – PROOF


The Customer is expressly informed that, except in the event of a manifest error of which he can provide proof, the data stored in the Seller's databases have probative force with regard to Orders placed.


Data on computer or electronic media stored regularly constitute admissible and enforceable evidence, in particular for the nature, content and date of Orders, in the same terms and with the same probative force as invoices and quotes which are received and stored in writing.


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


The Customer is informed that the 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 relating to Customers' Personal Data are indicated in the Personal Data Charter, as well as the duration of data retention, the rights held by Customers and the conditions for exercising them. The Charter can be viewed at the following address: https://shop.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, texts composing or reproduced on the Site or the Products. Consequently, any reproduction, representation, adaptation, translation and/or partial or complete 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 which are the property of the Seller.


Failure to comply with this prohibition may constitute an act of counterfeiting, incurring the civil and/or criminal liability of the perpetrator. The Seller reserves the right to take legal action against any person who does not comply with this prohibition.


ARTICLE 14 – RESPONSIBILITY


The Seller cannot be held responsible in any way 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.


The photos, illustrations and/or visuals are published on the Site for illustration purposes only and cannot be considered as faithfully representing the offer in question. The photos, illustrations and/or visuals do not have any contractual value under any circumstances. In the event of errors, the Seller cannot be held liable in this respect.


The Seller cannot be held responsible for damages of any nature, whether material, immaterial or physical, which could result from the improper use of the Products by the Customer.


ARTICLE 15 – INSURANCE


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


ARTICLE 16 - FORCE MAJEURE


The obligations contained herein shall not be applicable or shall be suspended by operation of law if their execution has become impossible due to a case of force majeure.


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


ARTICLE 17 – COMPLAINTS


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

Complaints thus addressed will be the subject as a priority of an attempt at amicable settlement and, in all cases, of a written response from the Seller.


The year following the Customer's complaint to the Seller's services, the Customer may, in accordance with the provisions of Article R. 616-1 of the Consumer Code, have his request examined by a mediator, each dispute may only be examined by one mediator. The competent mediator is the mediator of cooperative and associated commerce: http://www.mcca-mediation.fr . 


You can contact the mediator by email ( servicemediation@mcca-mediation.fr ) or by post 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 Client may, at his own expense, obtain the assistance of counsel.


ARTICLE 18 – APPLICABLE LAW AND COMPETENT JURISDICTION


The applicable law is French law.


Any dispute relating to the Order, these General Terms and Conditions, their interpretation or their consequences will be subject to the exclusive jurisdiction of the territorially competent French courts.


Done in Paris, February 17, 2020

ARTICLE 19 - VIT-TEC LootBox operation - conditions of sale

Offer valid on the Team Vitality website https://shop.vitality.gg/ from 05/24/2024, while stocks last. The Box is not exchangeable but refundable within 14 days of receipt of the Box by the buyer, in accordance with article L121-1 of the Consumer Code, by contacting the support address: support@vitality.gg and subject to returning all the products making up the Box. Return costs are the responsibility of the buyer. Each Box is made up of 5 Team Vitality products (clothing and/or accessories). The 3 different Lootboxes contain different products. A range of Lootboxes contains the same products while stocks last. Following stock shortages, changes may be made and some products may be different within the same range of lootboxes.

"Golden Box" operation to be won with the purchase of a Box: participation in this game is conditional on the purchase of a Box. If the buyer decides to return the purchased Golden Box containing a lot exclusive to Team Vitality in accordance with the refund procedure provided for this purpose, the reward is no longer valid and the buyer must also return it.

3 Golden Boxes are to be won in the Boxes, regardless of their size, sold on the site https://shop.vitality.gg/

Each buyer in possession of a Golden Box will win and receive with their box the following prize, with a total value of €468:

A JBL Pack

- one (1) JBL Microphone

- a pair of JBL headphones

- a JBL 410 headset

- 1 JBL speaker

Each winner of a Golden Box will receive, in addition to the products in their box, the JBL Pack as a reward.

The winner of a prize may not, under any circumstances, transfer it in whole or in part, whether free of charge or for a fee, to any third party. No cash, good or service will be awarded in exchange for the prize won. Team Vitality reserves the right, if circumstances require, to substitute the prize at any time with a prize of at least equivalent value, without any claim being made in this regard.

The costs inherent to participation in the “Golden Box” Operation are entirely the responsibility of each buyer, who may not under any circumstances claim reimbursement from Team Vitality.


Any participant in this Operation will necessarily be a customer registered in the Team Vitality database. As such, their personal data will be processed in compliance with their rights. For more information on the processing of your personal data https://shop.vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel . You can exercise your rights of access, rectification, deletion, restriction, portability and opposition at any time, give general or specific instructions on how your personal data should be processed.