TEAM VITALITY SELL TERMS AND CONDITIONS

The GTC are available below in French and English.

The present general terms and conditions of sale (hereinafter the "Terms and Conditions") are subject to the following terms and conditions. GTC ») are concluded between, on the one hand, TEAM VITALITY, a simplified joint-stock company with 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, taken in the person of Mr. Nicolas Maurer, its Director General, duly authorised for the purpose hereof (hereinafter the Vendor ), and, on the other hand, any customer, consumer or professional, as defined by law, purchasing a product or subscribing to one of the paid services offered on the site https://shop.vitality.gg (hereinafter referred to as "the Customer "»).

PREAMBLE 

The Seller is a reputable esport team in France and abroad. In parallel with its main activity, the Seller sells equipment, accessories, textiles and products derived from its teams through an online shop. The list and description of the products for sale can be found on the website at https://shop.vitality.gg. 

ARTICLE 1 - DEFINITIONS 

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

PRIZE the unit value of a Product, which is understood to be inclusive of 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 the goods and products offered for sale on the Site

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

ARTICLE 2 - PURPOSE 

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

ARTICLE 3 - SCOPE, ACCEPTANCE, ENTRY INTO FORCE AND DURATION OF THE GVC'S

The GCS are applicable to any Product sold to the Customer by the Seller through the Site. 

Before the final validation of any Order on the Site, the Customer must have read the Terms and Conditions in their entirety by clicking on the hypertext link provided for this purpose. The validation of the Order of a Product on the Site constitutes acceptance without reservation or restriction of the GTC by the Customer. The terms and conditions thus accepted shall prevail over any other general or special conditions not expressly accepted by the Seller. 

Apart from any order, the GCS are accessible for information purposes by clicking on the hypertext link provided for this purpose on the Site.

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

The nullity of a GTC clause does not lead to the nullity of the rest of the GTC. The temporary or permanent inapplication of one or more clauses of the GTC by the Seller shall not constitute a waiver of that clause or of the other clauses of the GTC which continue to have effect.

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 the official jerseys or replicas of the Seller's teams is subject to the following conditions: 

• The flocking is only done in capital letters;
• It will be possible to integrate the special characters proposed by the Seller;
• The font is exclusively in the Latin alphabet (Bison) ;
• The flocking can contain numbers;
• The 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 details, which appear in the section of the legal notices of the Site. 

Through these Terms and Conditions, the Customer finally declares having been informed, prior to the 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 fill in his first name, last name and email address, this information being hereafter referred to as the Personal Data », whose rules of collection, processing and retention are provided for in the Seller’s personal data protection charter accessible to https://shop.vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel . The Seller may not be held responsible for the improper processing of an Order, if the Customer has committed an error, voluntary or not, in the information of his Personal Data on his Customer account.

To complete the creation of its customer account, the Customer enters a password that it creates and that it must keep secret and not disclose. In particular, the Client must verify that its password is sufficiently secure (with a sufficient number of characters, various alphanumeric characters, etc.), and ensure that it disconnects its session when it leaves the means of connection to the Site.

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

If the Customer thinks that someone is using his customer account without his knowledge, it is up to him to contact the Seller’s customer service immediately, which can reset the password and take any action he deems appropriate.

ARTICLE 6 - ORDER

The Customer declares that it has the capacity and legal power to enter into a contract with the Seller.

6.1 Completion of the Order

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

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

• Follow the instructions of the Site necessary to open a customer account, which are recalled in Article 5, and/or connect to his account using his username and password;

• Fill in 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 Selected Products, the Total Price, the Customer’s contact details, any charges, the billing address, the address and the method of delivery and the method of payment chosen and, if applicable, identify and correct errors; 

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

• Follow the instructions of the online payment server for the 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 his Order in cash on the date of the Order by means of a credit card, via a Paypal account, via Apple Pay or via a gift card purchased on the Site. Credit cards accepted are those of the networks Carte Bleue, Visa, MasterCard/ EuroCard, American Express. 

The Customer guarantees to the Seller that it has the necessary authorizations to use these methods of payment and acknowledges that the information given for this purpose is proof of its consent to the sale as well as to the payment of the sums due under the Order. 

The transaction is charged to the Customer’s bank card after verification of its data, 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 on it is indeed his. The Customer communicates the sixteen digits and the expiry date of his bank card, as well as, if applicable, the numbers of the visual cryptogram.

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

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

6.3 Order Confirmation 

Once the Order has been settled, the Seller will immediately send the Customer an email confirming the Order and its payment; this email summarises all the elements of the Order (Ordered Products, Total Price), gives an order number and, where applicable, for consumers, the conditions of waiver of the right of withdrawal as accepted by the Customer as well as links to the GTC and to the form of exercise of the right of withdrawal. 

By printing and/or keeping this e-mail, the Customer will have a means of proof that the Order has been placed.

The electronic invoice will be available in a dedicated area on the Customer’s account. It will be 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 unavailability of a Product, the Seller will keep the Customer informed by e-mail as soon as possible in order to cancel the Order of this Product and refund the related price, the rest of the Order remaining firm and final. 

For any question relating to the follow-up of an Order, the Customer may contact customer service at the following address ([email protected]) specifying the purpose of the request. The service is available Monday to Friday from 9am to 6pm.

ARTICLE 7 - DELIVERY  

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

The Products are delivered to the address indicated by the Customer on the online form valid as an order form, the Customer must ensure its accuracy. 

Any package returned to the Seller because of 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 shall take place, according to the method chosen by the Customer, within the following time limits: 6 (six) to 8 (eight) days.

Any claim related to the delivery of the Products must be addressed to the address [email protected] specifying the purpose of the request.

Any denunciation, complaint, reservation or return not made in accordance with the rules defined in this article and within the prescribed deadlines cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer. 

7.1 Late delivery and termination of contract 

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

7.2 Checking the Order 

If, at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the status 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 Error in delivery

In the event of an error in delivery and/or non-conformity of the Products in relation to the indications on the purchase order, the Customer shall make its claim to the Seller on the same day of delivery or at the latest on the first business day following delivery.

 
If the Seller has shipped the Products to the address indicated by the Customer at the time of the Order and the carrier confirms the correct delivery of the Products, the Products are presumed to be delivered in such a way that the Seller will not have to redirect the Order, including 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 according to the following terms and conditions: 

• From the date of delivery of the Order, the Customer has 30 (thirty) days to send an email to [email protected] specifying the purpose of the request. The return period is 14 (fourteen) days in the case of the Customer exercising its right of withdrawal in accordance with article 8 below;

• The return or exchange of the Product may only be accepted for the products as a whole, intact, with their label and in their original state, in particular with a complete package, intact and in a state of sale. Textile Products must not have been cleaned. 

• Because the product is personalized, 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 at his expense. However, in case of exchange, delivery fees 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 his right of withdrawal within 14 working days following delivery.

 
The Customer may exercise its right of withdrawal within this period by sending the withdrawal form to the Seller or by sending an email to [email protected].

After having communicated his decision to withdraw, the Customer then 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 time allowed cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer. 

The Customer may request the refund of the returned Product, without penalty, with the exception of the return costs which remain at his expense. 

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

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

• Products made according to the Customer's specifications or clearly personalised, such as flocked jerseys, for example; 
• Products likely to deteriorate or expire quickly; 
• 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 they have been unsealed by the Customer after delivery ;
• Newspapers, periodicals or magazines, except for subscription contracts for these publications.

ARTICLE 9 - PRICES

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

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 passed on to the Product Price. If one or more taxes or contributions, including environmental taxes, were to be created or modified, both increasing and decreasing, this change could be passed on to the Product Price.

The Seller reserves the right to change its Prices at any time, while guaranteeing to the Customer the application of the Price in force 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 purchase order. 

However, in some countries, the Customer may bear additional customs taxes when receiving the package. These are not part of the entire Order Price. They will be at the Customer’s expense.

The telecommunications costs inherent in accessing the Site remain the sole responsibility of the Customer. The period of validity of offers and Prices is determined by the updating of the Site.

VAT will be applicable in accordance with 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 and following of the Civil Code.

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

10.1 Guarantee of conformity

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

 
As such, it may choose between repairing or replacing the Product, under the conditions provided for in Article L. 217-9 of the French Consumer Code.

Defects of conformity that occur within 24 (twenty-four) months of the Product being issued are presumed to exist at the time of issuance, unless otherwise evidenced.
For second-hand goods sold, this period is set at six months.

10.2 Warranty for hidden defects

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

ARTICLE 11 - ARCHIVING - EVIDENCE 

The Customer is expressly informed that, unless proven in error, the data stored in the Seller’s databases have probative force as regards the Orders placed.

Data on computer or electronic media kept regularly constitute admissible and opposable evidence, in particular for the nature, content and date of the Orders, on the same terms and with the same probative force as invoices and estimates that are received and kept 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 delivery of the Products.

The recipients of the processing relating to the Customers' Personal Data are indicated in the Personal Data Charter, as well as the period of retention of the data, the rights held by the Customers and their conditions of exercise. The Charter is available at: https://shop.vitality.gg/pages/charte-de-protection-des-donnees-a-caractere-personnel .

ARTICLE 13 - INTELLECTUAL PROPERTY

The Seller is the owner of the intellectual property rights in all the elements, including trademarks registered by the Seller, illustrations, images, logotypes, photographs, videos, sounds, texts composing or reproduced on the Site or the Products. Consequently, any reproduction, representation, adaptation, translation and/or partial or integral 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 permission of the Seller, is strictly prohibited. The same applies to all copyrights, drawings and models that are the property of the Seller.

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

ARTICLE 14 - LIABILITY

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

The photos, illustrations and/or visuals are only published on the Site for illustrative purposes and cannot be considered as representing the offer in question. Photographs, illustrations and/or visuals have no contractual value. In the event of errors, the Seller shall not be liable in this respect.

The Seller cannot be held liable for damages of any kind, both material and immaterial or physical, that could result from the misuse of the Products by the Customer. 

ARTICLE 15 - INSURANCE

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

ARTICLE 16 - FORCE MAJEURE

The obligations contained herein will not be applicable or will be suspended as of right if their performance has become impossible due to a case of force majeure.

The Seller shall inform the Customer of the occurrence of a case of force majeure within 7 (seven) days of 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 Order in progress and the Seller must then proceed to the refund of the Order under the conditions provided for in article 7.

ARTICLE 17 - COMPLAINTS

All claims must be made by email to [email protected] or by post to the following address: TEAM VITALITY, 102, boulevard de Sebastopol - 75003 PARIS.

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

In 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 examined only by a single mediator. The competent mediator is the cooperative and associate trade mediator: http://www.mcca-mediation.fr. 

You can contact the mediator by e-mail ([email protected]) 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 Client may be assisted by counsel at his own expense.

ARTICLE 18 - APPLICABLE LAW AND JURISDICTION

The applicable law is French law.

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

Done in Paris, 17 February 2020

ARTICLE 19 - Operation Loot Boxes - terms of sale 

Offer valid on the Team Vitality website https://shop.vitality.gg/ from April 10, 2023, while stocks last or until April 17, 2023 at noon (date and time of French connection being taken as proof). 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 filling out the form available on the site https://shop.vitality.gg/pages/formulaire-retractationand subject to the return of all the products in the box. Return shipping costs are at the buyer's expense. Each Box is composed of five Team Vitality products (jerseys and/or lifestyle clothing and/or accessories and/or gaming accessories depending on the size of the Box)

Golden Ticket" 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 Box purchased containing a Golden Ticket to Team Vitality in accordance with the refund procedure provided for this purpose, the Golden Ticket is no longer valid and the buyer will not be able to claim his prize.

5 ( five ) Golden Tickets were slipped into the Boxes, whatever their size, sold on the site https://shop.vitality.gg/ during the period from April 10 to April 17, 2023.

Each buyer in possession of a Golden Ticket will win the following prize, worth a total of 275€:

- 1 (one) JBL Headset - 400
- 1(one) JBL FLIP6 black speaker

- 1 (one) Team Vitality Keyboard 

Any holder of a Golden Ticket must contact Team Vitality in accordance with the instructions indicated on the Golden Ticket, within fifteen (15) days of receiving the Box, to confirm whether or not he or she accepts the prize. The prize is nominative. If a winner renounces his/her prize for any reason whatsoever, the prize will remain the property of Team Vitality.

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

The costs inherent to the participation in the "Golden Ticket" operation are entirely at the expense of each buyer, who will not be able to claim reimbursement from Team Vitality.

Any participant in this Operation will necessarily be a registered customer in the database of Team Vitality. As such, their personal data will be processed in accordance 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.