GENERAL CONDITIONS OF SALE
VIDEO GAME SERVICES / STREAMING
The present General Terms and Conditions of Sale (hereinafter referred to as the « GTC ») are those of LA SOURCE, a simplified joint stock company registered in the Lyon Trade and Companies Register under number 822 977 569, whose registered office is located at 48 avenue Paul Santy, 69008 Lyon (hereinafter referred to as « LA SOURCE« ), specializing in the provision of services in the field of esports.
Intracommunity VAT number : FR82822877569 ].
Tel : 0616252878
Email: [ firstname.lastname@example.org ]
THE SOURCE provides its members (hereinafter the « Members ») with video game and streaming services (hereinafter the « Services« ) within a space dedicated to esport practice (hereinafter the « Esport Space »).
To access the Services, Members must reserve video game and/or streaming sessions (hereinafter « Sessions ») with THE SOURCE.
These GTCs govern the terms and conditions for booking Sessions between THE SOURCE and any Member (together the « Parties »).
Any reservation of a Session implies full and unconditional acceptance of these Terms and Conditions.
Each capitalized term used in this Agreement and any appendices shall have the meaning set forth in its definition in this section, with identical terms used without capitalization being considered in their ordinary sense.
« Member »: means any person who has joined the Esport Space, who has accepted the contractual terms and conditions and who wishes to make a Reservation in the context of the present contract.
« Kitty »: refers to each Member’s personal virtual wallet to which the Orium deposited by the Member is credited.
« Member Account » means the personalized account created on the Platform by a Member at the time of registration and allowing him/her to access it.
« Session Account » means the virtual account to which the Orium allocated by a Member to pay for a Service is credited.
« Esport Space » means the space dedicated to the practice of esport accessible on Membership located in the premises of LA SOURCE, in which Members may benefit from the Services covered hereby.
« Kiosks » means the physical kiosks located at THE SOURCE Premises at which a Member may deposit Orium and/or reserve Sessions with THE SOURCE staff.
« Premises » refers to the physical location managed by the SOURCE located at 76 rue Marius BERLIET, 69008 Lyon, in which the Esport Space is located.
« Orium »: refers to the vouchers, as defined in Article 256 Ter of the French General Tax Code, that Members must deposit in their Kitty, enabling them to purchase the Services that are the subject of this Agreement.
« Platform » refers to the web platform published by THE SOURCE allowing the creation of a Member’s Account and on which any Member can deposit Orium and start Sessions. The Platform is accessible on mobile application.
« Station » means a location consisting of a computer and its accessories (mouse, mat, headset, etc.) located in the Esport Space on which the Services are performed.
« Reservation » means any reservation of a Session made by a Member under the terms of this Agreement and corresponding to a firm and final order upon confirmation by the Member.
« Services » means the video game and streaming services provided in the Esports Arena that Members may purchase in exchange for Orium.
« Session » means a video game and/or streaming session offered for booking by THE SOURCE under the terms of the T&Cs. To use a Service, the Member must reserve a Session and start it on an available Station.
« Orium Tariff » means the price in Orium of a Service. The Orium Tariffs are available on the Platform under the following link www.la-source.co/tarifs .
2. Pre-contractual information
In accordance with the regulations in force, LA SOURCE communicates to the Member in a clear and legible manner, for each Service it offers, the information relating to its Services, in particular
- the essential characteristics of the Service;
- the price of the Service, and any additional charges;
- the date or time of delivery of the Service.
The Member may ask THE SOURCE for any additional information on the Services according to the deadlines and procedures described in Article 9 hereof. THE SOURCE undertakes to respond in writing to the Member’s written requests.
Before making a Reservation, the Member acknowledges that he/she has read all the written information detailing the Services provided by THE SOURCE via the Platform or displayed at the Ticket Offices.
Accordingly, only such written information shall be considered by the Member.
The Member undertakes to provide accurate and complete information about himself/herself, particularly the data necessary for his/her identification.
3.1. Price of the Services
The Services are invoiced according to the Orium Tariff in force on the day of the Reservation.
The prices are communicated to the Member in Orium before any Reservation, on the Platform or by display at the Ticket Offices.
The prices take into account any reductions, discounts and rebates that may be granted by THE SOURCE.
LA SOURCE reserves the right to modify the Orium Rates at any time.
However, these are firm and cannot be revised by THE SOURCE during the Reservation process. The Reservation process extends from the validation of the Reservation (step 4 of article 4.2) to the payment thereof.
3.2 Pricing error
In case of material error between the displayed price and the actual price charged by THE SOURCE, THE SOURCE may, after confirmation of the Order, contact the Member to :
– in case of an actual price lower than the posted price: inform the Member that the price to be paid is actually lower and that he will be charged at the lower price;
– in case of an actual price higher than the displayed price: inform the Member that the price to be paid is actually higher and ask the Member if he/she agrees to pay this actual price or if he/she prefers to cancel his/her Order partially or totally.
In any event, if the material error in the price of a Service renders its price derisory, either Party may request the cancellation of the Order concerned.
4. Reservation Terms and Conditions
4.1. Reservation Mode
The Member may make a Reservation:
– or by going to one of the counters located in the premises of LA SOURCE ;
– or online via the Platform by following the Reservation procedure provided in article 4.2 below.
4.2. Online Session Reservation Procedure
To make a Reservation on the Platform, the Member must:
- log in to his Member’s Account on the Platform;
- go to the page dedicated to the purchase of Service on the Platform;
- selectthe position of your choice according to availability;
- validate the reservation by clicking on the button provided for this purpose;
- check the details of his reservation which are displayed;
- check a box certifying acceptance of these T&Cs;
- confirm the Reservation by clicking on the button provided for this purpose.
4.3. Processing the Reservation
Once the Reservation has been confirmed, the Member will receive an e-mail confirming the receipt of his Reservation, subject to its validation by THE SOURCE.
The Oriums allocated to the payment of the Reservation will then be debited from the Member’s Kitty and credited to his or her Session Account.
The Member is expressly informed that this operation may be delayed for technical reasons, such as the unavailability or temporary slowdown of the Platform, without LA SOURCE being held responsible and without any refund being required. In this case, THE SOURCE shall inform the Member.
In any event, THE SOURCE reserves the right not to credit the Member’s Session Account for any legitimate reason, in particular if THE SOURCE does not actually collect the price of the Oriums required to pay for the Service at the time of their deposit.
The Member pays for his or her Reservation in a single payment, using and within the limits of the Orium available in his or her Kitty.
Any failure to pay shall entitle THE SOURCE to claim a contractual default authorizing it to cancel the Reservation, in accordance with the terms and conditions set forth in Article 10 hereof.
Once payment has been made, the Member will receive an invoice, including all taxes, inhis or her name, detailing his or her Reservation upon request at the counter.
The Member agrees that invoices may be sent to him/her in an electronic format, by sending an e-mail and/or by making them available on his/her Account.
6. Delivery of the Service
The Service will be deemed to have been delivered by THE SOURCE as soon as the Member has used all the Orium allocated to the reserved Session.
In the event of total impossibility to deliver the Service, which excludes the hypothesis of a momentary interruption or a slowdown of the Service, THE SOURCE will re-credit the Orium corresponding to the Session reserved on the Member’s Kitty.
In particular, the Oriums will be credited again if THE SOURCE is unable to deliver the Service due to the absence of an available Position in the Esport Area during the period provided for in Article 7.2 hereof.
The Member acknowledges in this respect that the Services are provided within the limits of the Posts available, as THE SOURCE only has a limited number of Posts in the Esport Area.
7. Use of the Service
The Member may use the subscribed Service by starting the reserved Session via the Platform (8.1) before the Session expires (8.2).
7.1. Starting the Session
Use of the Service assumes that the Member starts the reserved Session on an available Station.
To start a Session, Member shall:
– connect to the Platform via his Member’s Account;
– access the page dedicated to the activation of the Posts;
– choose an available position;
– go to the selected Station and start the Session.
Each Session is timed. The timer starts automatically at the beginning of the Session and stops when the Service ends or in case of interruption of the Service (momentary interruption, end of the game, when the Member leaves the game, etc.).
The Member’s Session Account will be debited as the Service is used in accordance with the Orium Tariff.
The use of the Service by the Member is only possible within the limits of the Orium available to him on his Session Account.
If the Member still has a sufficient number of Oriums in his or her Session Account at the end of the use of the Service, he or she may use this balance to start his or her Session again after having chosen an available Position in accordance with the terms above.
7.2. Expiration of the Session
The Member will have 15 calendar days from the confirmation of his or her Reservation to start the reserved Session.
If this is not done, all of the Orium that was allocated to the Session Account at the time of the Reservation will be credited back to the Member’s Kitty.
The Member must then make a new Reservation in accordance with the terms of this Agreement if he/she wishes to use the Service again.
8. Right of withdrawal
The right of withdrawal is not applicable to the Services provided by LA SOURCE which, in accordance with Article L. 221-28, 12° of the French Consumer Code, are excluded from the scope of the right of withdrawal in that they relate to the provision of leisure activities to be provided on a specific date or period.
9. Customer Service – Complaints
The Member may contact THE SOURCE via the Platform or at the e-mail address indicated at the top of this document for any information on the Reservation of Sessions, on the Services, or for any complaint relating to a Reservation.
The Seller’s Customer Session is open from 10am to 1am and on the following days: Monday to Sunday inclusive.
The Member may also go to a Counter during the opening hours of LA SOURCE’s premises for any information request.
THE SOURCE will use its best efforts to respond:
- as soon as possible to the Member’s requests for information;
- within 5 working days to claims.
10. Cancellation of an Order – Resolution
All Reservations are final as of :
– of its realization by the Member when it is carried out physically in one of the counters located in the premises of LA SOURCE;
– its confirmation by the Member on the Platform when it is done online.
However, a Reservation may be cancelled:
- by the Member, in case of impossibility of delivery of the Service by THE SOURCE under the conditions of article 6 hereof;
- by THE SOURCE, in case of non-payment of the price by the Member ;
- by either of the Parties in the event of a case of force majeure under the conditions set forth in Article 13 hereof.
In the event of cancellation by THE SOURCE, the Member shall be informed within a reasonable time following the occurrence of one of the aforementioned cases via the Platform.
Any cancellation of a Reservation will result in the reimbursement of any Orium corresponding to the Session booked that has not been effectively used by the Member.
Refunds of Orium are made by THE SOURCE by crediting the Member’s Kitty with the number of Orium concerned. No cash refund will be made by THE SOURCE.
11. Force majeure
Neither Party shall be liable to the other for the non-performance or delay in the performance of an obligation due under these GTC, which would be due to the occurrence of a case of force majeure as usually recognized by the case law and the French courts, or to an external cause, such as, without this list being exhaustive: total or partial strikes, internal or external to the company, bad weather, epidemics, water damage, fires, attacks, natural disasters, social conflicts, intervention of civil or military authorities, governmental or legal restrictions, interruption of electrical or telecommunication networks, DOS, scheduled interventions or seizures by the justice.
In such event, the obligations hereunder shall be suspended.
If such a case of force majeure, fortuitous event or external cause continues for more than one (1) month, the Reservation will be cancelled, and will give rise, if necessary, to a full refund of the sums paid by the Member.
12. Personal data
Certain personal data of Members are processed by THE SOURCE in the context of the provision of the Services.
THE SOURCE is responsible for the processing of this data.
13. Final provisions
13.1. Changes to the GTC
The applicable GTC are those in force at the time of the Order.
In the event that LA SOURCE modifies the General Terms and Conditions, the new version shall apply to Orders placed as of the date of its entry into force.
It is therefore the Member’s responsibility to consult the current GCVs before placing an Order and to formally accept them.
13.2 Translation of the GTC
In the event that the present document is written in several languages or translated, only the French version will be deemed authentic.
13.3 Storage of the GTC
LA SOURCE ensures the conservation of the GTC concluded with the Member under the conditions of article L. 134-1 of the Consumer Code.
13.4. Agreement of proof
The Parties acknowledge the evidential value of computerized data exchanged between them by any electronic means and in particular through the Platform.
Member expressly acknowledges:
– the contractual value and validity of any acceptance made from the Platform, once it is connected to it;
– the opposability of any action carried out from the Platform, once he is connected to it;
– that the connection logs of the Platform are authentic between the Parties.
The computerized registers, kept in the computer systems of THE SOURCE under reasonable security conditions, are considered as proof of the communications between the Parties.
The fact that either Party does not claim the application of any clause of the GTC or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of its rights under such clause.
13.6. Partial nullity
The cancellation of one of the stipulations of the GTC shall not entail the cancellation of the present as a whole, unless the disputed stipulation can be considered, in the minds of the Parties, as substantial and determining, or that its cancellation calls into question the general balance of the GTC.
13.7. Applicable Law and Jurisdiction
The present GCV are subject to French law.
All difficulties of interpretation, execution and all disputes relating to the present contract must first be the subject of an attempt at amicable resolution between the Member and THE SOURCE.
A resolution of the dispute may also be sought through the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
- Persistent litigation
In the event of a dispute persisting after recourse to mediation, the Member who is a consumer may refer the matter, pursuant to Article R. 631-3 of the French Consumer Code, to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or to the court of the place where he or she resided at the time the contract was concluded or at the time the harmful event occurred.