Terms and conditions of sale
The present general conditions of sale (hereinafter referred to as the ”GCS” ) shall apply to any order placed by a consumer, as per the meaning of the introductory article of the French Consumer Code, of products and/or services offered for sale on the website https://www.esport-management.com (hereinafter referred to as the ”Website”) corresponding to the following interfaces: www.player.esport-management.com, www.team.esport-management.com, www.structure.esport-management.com, www.partner.esport-management.com, by E-SPORT MANAGEMENT SAS, French simplified joint stock company with a capital of 1 518 642. 82 EUROS, registered with the Trade and Companies Register of Grasse under number B 829 761 790, with registered headquarters at 120, Route des Macarons in VALBONNE (06560), hereinafter referred to as “E-SPORT MANAGEMENT”.
ARTICLE 1 - OBJECT
E-SPORT MANAGEMENT offers for sale on the Website subscriptions (hereinafter referred to as the “Products”) and the provision of services (hereinafter referred to as the “Services”), to video game enthusiasts practicing e-Sport for non-professional purposes (hereinafter referred to as the “Customers”).
The Customer is to be understood as a natural person of legal age or having at least the legal capacity to contract and who acts for purposes which do not come within the scope of his commercial, industrial, craft or liberal activity.
For the purpose of application of the GCS, it is agreed that the Customer and E-SPORT MANAGEMENT will be collectively referred to as the “Parties” and individually referred to as the “Party”.
Any Product and/or Service order placed on the Website is subject to the GCS.
The purpose of the GCS is to define the rights and obligations of the Parties resulting from the online ordering of Products and/or Services offered on the Website.
They govern the steps to be taken for the completion and the execution of an order between the Parties.
E-SPORT MANAGEMENT reserves the right to modify the CGS at any time by publishing a new version on the Website. The applicable GCS are those effective on the date the order is placed.
ARTICLE 2 - PRODUCTS AND SERVICES
Only the Products and Services present on the Website on the day of the order and identified as available can be sold and supplied to the Customer.
Product and Service offerings as well as prices are valid as long as the Products and Services are available on the Website.
The Customer is required to consult the fact sheet of each Product and Service to know their characteristics.
ARTICLE 3 - PRICES
The prices of the Products and Services are indicated in Euros all taxes included. The Value Added Tax (VAT) is the one in force on the day the order is placed. Any change in the VAT applicable rate can be passed down to the prices of Products and Services.
The prices applied are those listed on the Website at the time of the order. After that date they may change at any time.
E-SPORT MANAGEMENT cannot be bound by the display of an incorrect price, obviously too low, in particular due to a technical issue (computer bug, manual error, technical error). In such case, E-SPORT MANAGEMENT will inform the Customer as soon as possible and the order will be cancelled.
E-SPORT MANAGEMENT may offer promotional codes. These promotional codes can only be generated by E-SPORT MANAGEMENT and will not apply to the price of Products and Services subject to other promotional offers (sale, bonus sales, price reduction, sponsorship offers, etc.). E-SPORT MANAGEMENT cannot be held responsible for any promotional codes released on forums, apart from those coming from E-SPORT MANAGEMENT, and for which no consent was given.
ARTICLE 4 – DURATION
The GCS are deemed accepted by the Customer at the time of the order validation through a double-click system and shall apply for the duration necessary for the supply of the Products and/or Services and until the expiration of the warranties stated herein.
ARTICLE 5 - ORDERS
5.1. Order placement
The Customer orders the different Product(s) and/or Service(s) of his choice by clicking on "Add to Cart".
If the Product is not in stock, the Website displays the estimated Product availability date.
Once the Product and/or Service is added, the Customer can either continue his purchases by clicking on "Continue my purchases" or check his orders by clicking on "View Cart".
At any time, the Customer can validate his order by clicking on the "Validate Cart" icon.
5.2. Order validation
The Customer acknowledges the ordered Products and/or Services on the shopping cart summary page. To validate the order and go to the next step, the Customer will be asked to acknowledge and accept the GCS.
The shopping cart summary page informs the Customer of the payment obligation resulting from the order validation process by the statement "Order with payment obligation".
5.3. Customer identification
The order can only be validated on the Website if the Customer has a personal account.
If he is not an account holder yet, the Customer must accurately fill in the fields, identified by an asterisk as mandatory, to create his personal account. He must indicate the information necessary for his identification, including a valid email address and a password of his choice, that shall be private and needs to be kept confidential. This information will enable his identification on the Website afterwards.
For security reasons, the private password must contain at least 8 characters.
Any Customer who already has a personal account must log in after clicking on "Validate my Shopping cart", by entering his email address and password.
The Customer accepts that the entry of these two identifiers is proof of his identity.
The Customer is responsible for the choice and safekeeping of his identifiers and must ensure they remain confidential. In no event shall E-SPORT MANAGEMENT be liable for any spoofing and possible third-party connections to personal accounts, if the Customer did not follow the instructions.
The provision of the personal information collected within the framework of distance selling is mandatory, since this information is necessary to process and deliver orders as well as for issuing invoices. This information is strictly confidential.
5.4. Order completion
At this point, the Customer will access a page of the Website detailing his order along with his billing terms, which may be modified if necessary. The Customer validates his personal data by clicking on "Continue order".
On the next page, the Customer will access a page listing the Products and/or Services contained in the cart and the shipping details of the Products and/or Services.
By clicking on "Continue order", the Customer will then access a page where he can choose his payment method.
The price to be paid by the Customer is the amount stated on the order summary the Customer read before his order final validation. The price is mentioned again after payment confirmation in the summary document sent by email by E-SPORT MANAGEMENT to the Customer’s email address.
The Customer can choose to pay his purchases:
- By credit card (Blue card, Visa, Eurocard, Mastercard). American Express cards are accepted,
- By PayPal.
Regarding payment by credit card, payment terms are as follows:
Notwithstanding the application of article R. 642-3 of the Penal Code, the Customer will pay his order by credit card (cards with the CB symbol, cards of the brands VISA or EUROCARD or MASTERCARD) in accordance with the provisions of this article.
To pay his order by credit card, the Customer must enter his credit card number on the Website, along with its expiry date and the security code (3-digit number printed on the back of the credit card). This data is encoded on the servers hosting the Website using the SSL encryption standard.
The card is debited upon validation of the order. In any event, the amount debited corresponds to the product(s) actually delivered and/or the Service(s) actually ordered.
In all cases, the online supply of the credit card number or any other payment method and the final validation of the order shall be proof of the entire order, pursuant to articles 1353 et seq. of the French Civil Code. They will also cause the sums incurred for the order to become due and payable.
This validation is worth signing and express acceptance of all the operations performed on the Website.
5.6. Order acknowledgement
After the payment, the Customer is directed to a page confirming his online purchase.
An order summary is sent to the Customer on a durable medium, by email, to the email address he indicated and before delivery at the latest. This document is considered an acknowledgement of receipt and includes all the constituent elements of the contract between the Parties. The withdrawal form is available by logging into your account and going to the section "My returns/Exchanges".
5.7. Order follow-up
For ongoing order follow-up, the Customer can log into his personal account by going to the section "My Account" / "My Orders".
ARTICLE 6 - SERVICE PROVISION
As soon as the order is validated and paid, the Customer will be able to benefit from the ordered Services before the end of the withdrawal period provided for in article 9 below, provided that he expressly requested it from E-SPORT MANAGEMENT on the Website.
ARTICLE 7 - DELIVERY
The Products will be delivered by E-SPORT MANAGEMENT or any provider of its choice.
The Customer can have the products delivered to the address he has entered when ordering the Products, being understood that this address may differ from the billing address.
The Products ordered by the Customer are delivered in metropolitan France.
Delivery fees payable by the Customer will be communicated to the Customer before his Product order is validated.
E-SPORT MANAGEMENT will do its utmost to ensure that the order is delivered as soon as possible from the payment of the Product order by the Customer, and in any case within a maximum of thirty (30) days from the conclusion of the Contract.
ARTICLE 8 – ORDER RECEPTION
When he acknowledges receipt of the order, the Customer shall check the apparent compliance of the Products received with the order he has placed.
The Customer must therefore immediately report any anomaly concerning the delivery, in particular in case of damaged, missing or deteriorated Products, within fourteen (14) calendar days following receipt of the Products. Subject to the provisions concerning the right of withdrawal of article 9 below and the legal guarantee of conformity of article 10 below, any claim addressed more than fourteen (14) calendar days after receipt of the Products and/or Services will be rejected and E-SPORT MANAGEMENT shall not, under any circumstances, be held responsible in this respect.
E-SPORT MANAGEMENT reserves the right to refuse any subsequent order in case of abnormal or abusive returns from the Customer.
ARTICLE 9 - RIGHT OF WITHDRAWAL AND REFUNDS
Pursuant to the provisions of article L. 221-18 of the French Consumer Code, and subject to the provisions of article L. 221-28 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days, either as from the receipt of the Products and/or Services or from the order completion date, to exercise his right of withdrawal from E-SPORT MANAGEMENT, without having to give reasons or pay a penalty. The Customer must then send back or return the Products and/or Services to E-SPORT MANAGEMENT within a maximum period of fourteen (14) calendar days following the communication of his decision to withdraw.
9.1 Exercise of the right of withdrawal
In order to exercise his right of withdrawal, the Customer may choose to use:
- The withdrawal form in appendix 1 of this document;
- The online withdrawal form (available by logging into your account and going to the section "my returns/exchanges");
- An unambiguous statement sent by email to the following email address: firstname.lastname@example.org.
E-SPORT MANAGEMENT will promptly send an acknowledgement of receipt of the withdrawal on a durable medium (by email).
Any product must be returned in their original condition and packaging, unused and undamaged, along with their voucher / return slip, guarantee certificate and invoice.
9.2. Effects of withdrawal
In the event of the exercise of the right of withdrawal, E-SPORT MANAGEMENT will refund the Customer all payments received from him, without undue delay and, in any event, no later than 14 days from the day on which E-SPORT MANAGEMENT is informed of the Customer's decision to withdraw. E-SPORT MANAGEMENT may postpone the refund until the reception of the returned Product or until the Customer provides a proof of shipment of the Product, whichever date is earlier.
E-SPORT MANAGEMENT will refund using the same payment method the Customer used for the initial transaction.
The Customer is only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
Incomplete, degraded Products, damaged by the Customer, will not be considered as a valid withdrawal and will neither be taken back nor exchanged.
Pursuant to article 221-25 of the French Consumer Code, in the event of the Customer exercising his right of withdrawal concerning one or more Services, and if the Customer has benefited from these Services before the end of the withdrawal period at his express request, the Customer will pay to E-SPORT MANAGEMENT an amount corresponding to the Service provided until he informed of his decision to withdraw.
This amount will be proportionate to the total price of the Service ordered by the Customer.
ARTICLE 10 – GUARANTEE
All our Products and/or Services shall enjoy the legal guarantee scheme as per this article and the articles in annex II, provided that they have been used properly.
When acting under a legal guarantee of conformity, the Customer:
- Has a period of two years from the delivery of the Product and/or Service to act;
- May choose between repair or replacement of the Product and/or Service, provided that the Customer's choice does not entail a clearly disproportionate cost compared to the other modality, considering the value of the goods or the importance of the defect;
- Is exempt from reporting evidence of the existence of the Product and/or Service’s non-compliance during the twenty-four (24) months after goods have been delivered.
The Customer may decide to execute the guarantee against latent defects of the goods sold pursuant to article 1641 of the French Civil Code. In this case, the Customer may choose between the cancellation of the sale or a reduction of the selling price pursuant to article 1644 of the French Civil Code.
Any request concerning these guarantees shall be sent to the Customer service, through the contact form, at the following email address: email@example.com.
It should be noted that, in the event of a professional purchase, while the Customer is informed of his declared quality of consumer, E-SPORT MANAGEMENT will not be liable for any damage that may arise as a result of the purchase or use of Products and/or Services in a context of professional use.
ARTICLE 11 – PROOF, TRANSACTION RETENSION AND ARCHIVING
E-SPORT MANAGEMENT recommends that the Customer keeps a hard copy record or on a reliable IT support, any data related to his order.
Computer records, kept in E-SPORT MANAGEMENT computer systems under reasonable security conditions, shall be considered as proof of communications, orders, deliveries and payments between The Parties.
Invoice archiving is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy.
In addition, and pursuant to article L. 213-1 of the French Consumer Code, E-SPORT MANAGEMENT is committed to keep and archive on all media, for 10 years, contracts concluded between the Customer and E-SPORT MANAGEMENT of a value equal to or greater than 120 EUROS (€) and to guarantee the Customer an access to them at any time.
The exercise of this right of access may be exercised by sending an email to the following email address: firstname.lastname@example.org.
ARTICLE 12 – PERSONAL DATA
In the context of distance selling, E-SPORT MANAGEMENT is required to process information about the Customer. This processing is carried out under the conditions explained in the Personal data protection and Cookies policy, that each new Customer is invited to consult and accept. Specific mentions are also provided on each data collection form in order to provide the Customer with complete information before any processing of his data.
ARTICLE 13 - FORCE MAJEURE
E-SPORT MANAGEMENT shall not be responsible for the total or partial failure to comply with its obligations in respect of the GCS, if this failure to comply results either from the Customer or from an event of force majeure as defined in article 1218 of the French Civil Code, including in particular total or partial strikes including postal services and means of transport and/or communications.
E-SPORT MANAGEMENT will notify the Customer of an event of force majeure within five (5) working days of its occurrence.
The Parties agree to consult each other as soon as possible to determine how the order is to be processed during the duration of the event of force majeure.
Beyond a period of thirty (30) days of interruption for events of force majeure, the Parties will be released from their obligations to one another. If necessary, E-SPORT MANAGEMENT will refund the Customer as soon as possible.
ARTICLE 14 - INTEGRALITY
In the event that any of the terms of the GCS would be null or void as a result of a change in legislation, regulation or a court decision, this cannot in any way affect the validity and compliance of the other terms of the GCS.
ARTICLE 15 - APPLICABLE LAW AND DISPUTE SETTLEMENT
The GCS are subject to French law.
In case of litigation E-SPORT MANAGEMENT and the Customer undertake to seek an amicable solution before any legal action is taken.
15.1. Mediation and amicable dispute settlement
Pursuant to the provisions of articles L. 611-1 et seq. of the French Consumer Code, the Customer may have recourse to the services of a mediator, free of charge, for the amicable settlement of any unresolved dispute with E-SPORT MANAGEMENT.
15.2. Conditions of admissibility
It is hereby clarified that the dispute may only be examined by the mediator under the following conditions:
- The consumer will have to justify having attempted to resolve his dispute directly with E-SPORT MANAGEMENT, by means of a written claim;
- His request must not be manifestly unfounded or clearly abusive;
- The dispute must not have been examined before or being under examination by another mediator or court;
- The consumer has submitted his request to the mediator within a period of less than one year after his written complaint to E-SPORT MANAGEMENT;
- The dispute does not come within his scope of jurisdiction.
Finally, E-SPORT MANAGEMENT informs its Customers of the existence of a European platform for amicable settlement of online disputes (ODR). You can use it to settle your disputes, through the Website: http://ec.europa.eu/odr .
APPENDIX 1: WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract. We also recommend you mention your order number)
To the attention of the Seller,
I hereby notify you my withdrawal from the sale contract of the following product:
Ordered on: […] (*) / Order received on: […] (*)
Signature (only if this form is a printed hard copy):
(*) Delete where not applicable
APPENDIX 2: PROVISIONS RELATING TO LEGAL GUARANTEE
Reproductions of articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code and articles 1641 and 1648 of the Civil Code.
Article L. 217-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L. 217-5 of the French Consumer Code
To conform to the contract, the product must:
1º Be suitable for the purpose usually associated with such a product and, if applicable:
- Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2º Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 217-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it or would only have given a lesser price for it if he had known of the defects.
Article 1648 subparagraph 1 of the French Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.