TEAM VITALITY GENERAL TERMS AND CONDITIONS OF SALE

The T&Cs are available below

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 with 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 vitality.gg (hereinafter the “ Client ”).


PREAMBLE


The Seller is a renowned esports team in France and abroad. In addition to its main business, the Seller sells equipment, accessories, clothing, and team merchandise, including through an online store. The list and description of the products for sale can be viewed on the website at 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 that are the subject of an Order. This amount includes all taxes.


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


SITE : the vitality.gg website 


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 apply to any Product sold to the Customer by the Seller via the Site.


Before final validation of any Order on the Site, the Customer must have read the General Terms and Conditions 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 General Terms and Conditions by the Customer. The General Terms and Conditions thus accepted will prevail over any other general or specific conditions not expressly accepted by the Seller.


Outside of any order, the General Terms and Conditions 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 General Terms and Conditions at any time, without notice, by publishing a new version on the Site. The applicable General Terms and Conditions are those in force on the date the Order is validated on the Site.


The invalidity of a clause of the General Terms and Conditions does not entail the invalidity of the rest of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by the Seller shall not constitute a waiver on its part of said clause or of the other clauses of the General Terms and Conditions, which shall continue to have effect.


ARTICLE 4 – CUSTOMER INFORMATION


Prior to accepting 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 offered 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/her prior to the Order the information relating to his/her identity, 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 to have 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://vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel . The Seller cannot be held responsible for the misprocessing of an Order, if the Customer has made an error, whether intentional or not, in entering their Personal Data in their Customer account.


To complete the creation of their customer account, the Customer enters a password that they create and that they 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 that they log out of their session when they leave 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 their customer account without their knowledge, they should contact the Seller's customer service without delay, which may reset the password and take any action 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 payment method chosen and, where applicable, identify and correct any 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 accepted bank cards 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.


To this end, 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 provides 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 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 area of ​​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 definitive.


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 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 takes place, depending on the method chosen by the Customer, within the following timeframes: 6 (six) to 8 (eight) days.


Any complaint relating to the delivery of the Products must be addressed to the address via the form specifying the purpose of the request.


Any denunciation, 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 cancel the contract and request a refund within 14 (fourteen) days of receiving this information.
The total reimbursement of the Product and delivery costs is then made by the Seller.

7.2 Verification of the Order


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

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

The verification of the Products is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.

 

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 his 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 so 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 specifying the purpose of the request. The return period is 14 (fourteen) days in the event of the Customer exercising his right of withdrawal 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 an exchange or refund of the returned Product, without penalty, except for the return shipping costs, which remain their responsibility. However, in the event of an exchange, delivery costs may be charged to the Customer again.


ARTICLE 8 – RIGHT OF WITHDRAWAL


In accordance with Article L. 221-18 of the Consumer Code, the Customer may exercise their 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, except for the return costs which remain their responsibility.


The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 (fourteen) days of recovery of the Products or 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 offered by the Seller.


Certain Products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot 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, all taxes included, and do not include delivery costs, which are invoiced in addition. Delivery costs are indicated before the Order is validated 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 taxes, were to be created or modified, whether 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 duties upon receipt of the package. These duties are not included in the total Order Price. They will be borne by the Customer.


Telecommunications costs inherent to accessing the Site remain the exclusive responsibility of the Customer. The validity period of 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 - SPECIAL LOOT BOXES OPERATION

The loot boxes (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 derivative products.


10.1 Contents of loot boxes


Each loot box contains several items, randomly selected from a defined set of products. There is no rarity system or exclusive products in loot boxes. The contents are 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 loot box, the customer agrees to receive random content, with no option for selection or customization. The total retail value of the products received is always at least equal to the purchase price of the loot box.

10.3 Returns and withdrawal


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

10.4 Availability


Loot boxes are available while supplies last. 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 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 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 delivery of the Product to implement the legal guarantee of conformity.

 
As such, he can choose between repair or replacement of the Product, under the conditions provided for in article L. 217-9 of the consumer code.

 

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


11.2 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 cancellation 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 of Customers' Personal Data are indicated in the Personal Data Charter, as well as the data retention period, the rights held by 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, texts comprising or reproduced on the Site or the Products. Consequently, any reproduction, representation, adaptation, translation and/or transformation, partial or complete, and/or transfer to another website of any element or data comprising 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, which may result in the civil and/or criminal liability of the perpetrator. The Seller reserves the right to take legal action against any person who fails to comply with this prohibition.


ARTICLE 14 – LIABILITY


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


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


ARTICLE 15 – INSURANCE


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


ARTICLE 16 - FORCE MAJEURE


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


The Seller shall 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 performance 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 shall then reimburse the Order under the conditions set out 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 subject to an attempt at amicable settlement as a priority and, in all cases, to 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 being able to be examined by only 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 to 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, seek 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