TEAM BDS 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" or “GTC”) are concluded between, on the one hand, BDS eSport Ltd, whose registered office is located at Vision Exchange Building, Territorials Street, Zone 1, Central Business District, Birkirkara CDB 1070, Malta, registered at the Malta Business Register under number C89330 (hereinafter the "Seller"), 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://teambds.gg (hereinafter the "Customer").
PRÉAMBULE
The Seller is a Swiss esport team in reputable in Switzerland 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.teambds.gg/en/.
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
Products: all the goods and products offered for sale on the Site
Site: the website https://shop.teambds.gg/en/
Total Prize: the total amount of the cumulative Prices of the Products that are the subject of an Order. This amount includes all taxes.
2 PURPOSE
The purpose of the GTC is to define the rights and obligations of the Seller and the Customer in connection with the sales of Products made through the Site.
3 SCOPE, ACCEPTANCE, ENTRY INTO FORCE AND DURATION OF THE GTC
3.1 The GTC are applicable to any Product sold to the Customer by the Seller through the Site.
3.2 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.
3.3 Apart from any order, the GTC are accessible for information purposes by clicking on the hypertext link provided for this purpose on the Site.
3.4 The Seller reserves the right to modify the Terms and Conditions 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.
3.5 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.
4 CUSTOMER INFORMATION
4.1 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.
4.2 The Products are offered within the limits of available stocks.
4.3 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 (Draper);
· The flocking can contain numbers;
· The flocking is limited to a maximum of eleven (11) characters.
4.4 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.
4.5 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.
5 CREATION, OPERATION AND CONFIDENTIALITY OF THE CUSTOMER ACCOUNT
5.1 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 here. 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.
5.2 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.
5.3 The Customer is solely responsible for access to his customer account.
5.4 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.
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
6.1.1 Pour réaliser une Commande sur le Site, le Client devra obligatoirement suivre les étapes suivantes :
· 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 Costumers, 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.
6.1.2 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
6.2.1 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, Google Pay, Link or via a gift card purchased on the Site. Credit cards accepted are those of the networks Visa, Mastercard, American Express, Discover, Diners Club.
6.2.2 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.
6.2.3 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.
6.2.4 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.
6.2.5 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.
6.2.6 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
6.3.1 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.
6.3.2 By printing and/or keeping this e-mail, the Customer will have a means of proof that the Order has been placed.
6.3.3 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.
6.3.4 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.
6.3.5 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.
6.3.6 For any question relating to the follow-up of an Order, the Customer may contact customer service at the following address (support@bdsesport.com) specifying the purpose of the request. The service is available Monday to Friday from 9am to 6pm.
7 DELIVERY
7.1 Product Delivery
7.1.1 Delivery is only made after confirmation of payment by the Seller's bank.
7.1.2 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.
7.1.3 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.
7.1.4 Except in cases of force majeure, delivery shall take place, according to the method chosen by the Customer, within the following time limits: six (6) to eight (8) days.
7.1.5 Any claim related to the delivery of the Products must be addressed to the address support@bdsesport.com specifying the purpose of the request.
7.1.6 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.
7.2 Late Delivery and Termination of Contract
7.2.1 In the event of a delay in delivery, the Seller shall inform the Customer, who may terminate the contract and request a refund within fourteen (14) days of this information.
7.2.2 The total reimbursement of the Product and delivery costs is then made by the Seller.
7.3 Checking the Order
7.3.1 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.
7.3.2 The Customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
7.3.3 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.
7.4 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.
7.5 Return of Products
7.5.1 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 thirty (30) days to send an email to support@bdsesport.com specifying the purpose of the request. The return period is fourteen (14) 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.
7.5.2 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.
8 RIGHT OF WITHDRAWAL
8.1.1 The Customer may exercise his right of withdrawal within fourteen (14) working days following delivery.
8.1.2 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 support@bdsesport.com.
8.1.3 After having communicated his decision to withdraw, the Customer then has fourteen (14) days to return or restitute the Products concerned.
8.1.4 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.
8.1.5 The Customer may request the refund of the returned Product, without penalty, with the exception of the return costs which remain at his expense.
8.1.6 Seller shall reimburse the Customer for all sums paid, including delivery charges, within fourteen (14) 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.
8.1.7 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.
9 PRICES
9.1.1. 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.
9.1.2. 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.
9.1.3. 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.
9.1.4. The total amount of the Order (all taxes included) and delivery costs included is indicated before final validation of the purchase order.
9.1.5. 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.
9.1.6. 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.
9.1.7. VAT will be applicable in accordance with the territoriality rules applicable to intangible services.
10 SHIPPING AND CUSTOMS CHARGES FOR DELIVERIES OUTSIDE THE EUROPEAN UNION
10.1 Location of the Warehouse
The Seller’s shipping warehouse is located in France. This means that all Orders placed for countries outside the European Union, including Switzerland, will be processed and dispatched from this warehouse.
10.2 Orders from outside the European Union
If the Customer resides outside the European Union, the Products order by the Customer will be sold free of tax. However, the Order may be subject to parcel inspection by the customs authorities of the destination country.
10.3 Customs Duties
The customs authorities of the Customer’s country may levy customs charges, including VAT and other customs taxes, on imported Products. These customs charges are payable by the Customer and are not included in the total price of the Order that the Customer pays on the Site. The amounts of these charges depend on the Customer country's customs regulations and may vary from one Order to another.
10.4 Information on Customs Duties
The Seller recommends that the Customer checks the customs regulations in force in the Customer’s country before placing an Order on the Site. The Customer is responsible for complying with these regulations and for paying any customs charges that may be imposed by the customs authorities in the Customer’s country.
11 PRODUCT WARRANTIES
The Seller guarantees the conformity of the Products.
It is indicated to the Customer that the Seller is not the producer of all the Products presented.
11.1 Guarantee of conformity
11.1.1 The Customer has a period of two (2) years from the delivery of the Product to implement the legal guarantee of conformity.
11.1.2 As such, it may choose between repairing or replacing the Product.
11.1.3 Defects of conformity that occur within twenty-four (24) months of the Product being issued are presumed to exist at the time of issuance, unless otherwise evidenced.
11.1.4 For second-hand goods sold, this period is set at six months.
11.2 Warranty for hidden defects
The Customer, if he implements the guarantee of hidden defects may choose between the resolution of the sale or a reduction of the Price.
12 ARCHIVING - EVIDENCE
12.1 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.
12.2 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.
13 PROCESSING OF PERSONAL DATA RELATING TO THE SALE OF PRODUCTS
13.1 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.
13.2 The recipients of the processing relating to the Customers' Personal Data are indicated in the Privacy Policy, as well as the period of retention of the data, the rights held by the Customers and their conditions of exercise. The Privacy Policy is available here.
14 INTELLECTUAL PROPERTY
14.1 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.
14.2 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.
15 LIABILITY
15.1 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.
15.2 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.
15.3 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.
16 FORCE MAJEURE
16.1 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.
16.2 The Seller shall inform the Customer of the occurrence of a case of force majeure within seven (7) days of the occurrence of this event. When the suspension of the performance of the Seller’s obligations continues for a period exceeding twenty-one (21) 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.
17 COMPLAINTS
17.1. All claims must be made by email to support@bdsesport.com or by post to the following address: BDS eSport Ltd, Vision Exchange Building, Territorials Street, Zone 1, Central Business District, Birkirkara CDB 1070, Malta.
17.2 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.
17.3 The Client may be assisted by counsel at his own expense.
18 APPLICABLE LAW AND JURISDICTION
18.1 The applicable law is Maltese law.
18.2 Any dispute relating to the Order, these Terms and Conditions, their interpretation or their follow-up will be subject to the exclusive jurisdiction of Malta Arbitration Act, Chapter 387 of the Laws of Malta and the parties submit to the jurisdiction of the Malta Arbitration Centre. All proceedings shall be conducted in the English language unless agreed otherwise.