HYPERX GENERAL TERMS AND CONDITIONS OF SALE

Please note that these General Terms and Conditions of Sale apply exclusively to consumer Customers (i.e. natural persons acting for purposes that are outside their commercial, industrial, craft, liberal or agricultural activity).

1. Seller's identity (who we are) and contact details

HP France SAS

HyperX Store (''HyperX'')
Meudon Campus, Building 1, 14 rue de la Verrerie 92190 Meudon, France
RCS Nanterre 448 694 133

VAT number: FR25448694133

Email: shopeurope@hyperx.com

2. Scope of application

These HyperX Terms and Conditions of Sale (the " Terms" ) govern any order placed by a Consumer Customer with HyperX for products available on the HyperX Store website (the " HyperX Store" ). Therefore, before placing an order, please read these Terms carefully. If you do not agree to these Terms, you will not be able to order any product from the HyperX Store.

The applicable General Terms and Conditions of Sale are those in effect on the date of the order. They are accessible at any time on the HyperX Store and will prevail, where applicable, over any other version or any other contradictory document.

Use of our website is governed by the HP Terms of Use , which are published separately.

3. Prices, taxes and delivery charges

The applicable prices, delivery charges and payment terms are those indicated on the HyperX Store at the time of your order. HyperX may offer limited-time promotional offers.

Delivery is free with no minimum purchase.

Prices are quoted in euros, inclusive of all taxes (TTC). The price includes value-added tax (VAT), eco-contribution, and private copying remuneration, where applicable. HyperX does not currently offer a VAT recovery system for customers outside the European Union.

Before confirming your order, you will have the opportunity to review its contents, including the product price, value-added tax, and applicable delivery charges. In the event of an error, please notify HyperX as soon as possible. HyperX reserves the right to cancel your order in the event of an obvious error in the price indicated, making the price of the product or service derisory compared to its actual value.

HyperX reserves the right to change the information, products and/or prices published on the HyperX Store at any time, without this affecting any order for which we have already sent you an order confirmation.

4. Billing and payment methods

Invoices can be sent by email in PDF format to the email address provided when ordering or by post in paper format (you will need to choose the delivery method when placing the order).

If you don't have Adobe Reader, you can download it here .

Payment methods accepted by HyperX are: Visa, Mastercard, American Express bank cards

HyperX draws your attention to the fact that clicking on the “Confirm my order and pay” button implies an obligation on your part to pay the price indicated.

5. Orders

Once your order has been validated, it cannot be modified. If a modification is necessary, you will need to cancel the current order and place a new order. For more details, please refer to Article 7 "Cancelling the order before shipment ".

HyperX reserves the right to review your order. If there is an irregularity or inconsistency in your order, or if you fail to meet our payment verification and anti-fraud checks, HyperX may reject your order. Your order will be processed by HyperX as soon as it has been validated by HyperX.

HyperX will send you an email confirming or rejecting your order as soon as possible.

The sales contract between HyperX and you will only be concluded when we send you the order confirmation.

If necessary, and to the extent permitted by law, we may use your personal data for payment verification and fraud screening purposes. The personal data you provide to us may be checked with a credit reporting agency or fraud prevention agency that may keep a record of such data.

6. If we cannot process your order

Despite our best efforts, in rare cases we may be unable to process your order (whether or not payment has been made) even though we have received a confirmation email. In this case, we will contact you as soon as possible and no later than the delivery date indicated, to obtain your instructions or to inform you that your order has been cancelled. We may therefore be unable to process your order in the following cases:

• we have identified a manifest error in the description of the product or the displayed price, making the price of the product or service derisory compared to its real value;
• your delivery address is outside the delivery geographic area indicated on the HyperX Store; for more information, please visit the Delivery Information page;
• our resources become limited in ways we could not reasonably foresee;
• your payment has been declined by your bank, you do not make payment for your order in accordance with the terms of the payment method you selected, or we reasonably suspect that the order has been placed fraudulently; or
• the product is out of stock due to supply difficulties linked to a shortage of raw material, of which we were not reasonably able to inform you in advance.

In the event that you have already paid for your order and it is cancelled by HyperX, HyperX will refund all amounts you have paid, at the latest within 14 days following the date on which HyperX informed you of the cancellation of your order, using the same means of payment as that which you used when placing your order (unless you expressly agree to the use of another means of payment and to the extent that the refund does not incur any costs for you).

7. Cancellation of the order before shipment

We pride ourselves on our speedy order processing, which means you only have a limited amount of time to cancel your order before it ships. Despite our best efforts, we cannot guarantee that we will be able to cancel your order before it ships.

If you wish to cancel your order before it is dispatched, the quickest way is to contact our Customer Service by email at shopeurope@hyperx.com or complete and return the Cancellation Form .

If you cancel your order before shipment, HyperX will refund all amounts paid by you, including delivery charges (if applicable), no later than 14 days from the date on which you informed HyperX of the cancellation of your order, using the same means of payment as you used when placing your order (unless you expressly agree to the use of another means of payment and provided that the refund does not incur any costs for you).

8. Return of promotional or bundled items

The return of items purchased as part of a special offer or promotion or as part of a bundle may be subject to specific conditions described in these Terms or otherwise communicated to you. No refund will be given for a defective product purchased as a bundle. However, HyperX may either (i) replace such product or (ii) refund the price paid for the entire bundle, provided that the bundle is returned in full to HyperX. HyperX reserves the right to request a refund of any promotional discounts you may have received on other products you have purchased and retained, in the event that such discounts were granted to you for the purchase of the products returned to HyperX and for which the price is ultimately refunded by HyperX.

9. Delivery

Delivery is made to the address you provided when placing your order on the HyperX Store.

Deliveries are only made in mainland France, Corsica, and the Principality of Monaco. Our deliveries are made on business days, i.e., Monday to Friday only (excluding public holidays). Any product in stock will be shipped the first business day following order confirmation (this deadline will not apply if HyperX must carry out additional checks and verifications). Orders received and confirmed before 2 p.m. will be delivered within 48 hours for shipments by Chronopost and within 72 hours for shipments by Colissimo. For all deliveries to Corsica, please allow an additional 24 hours. The delivery date is indicated on the confirmation page of your order and in the email confirming your order. Failing any indication, HyperX will deliver the goods without undue delay and no later than 30 days after the conclusion of the contract, in accordance with Article L. 216-1 of the French Consumer Code.

In the event of late delivery, you may terminate your contract if, after giving notice to HyperX to make delivery within a reasonable additional period, delivery has not been made within this period. The sales contract may also be cancelled immediately (i) in the event of HyperX refusing to deliver the goods or when it is clear that HyperX will not deliver the goods or (ii) in the event of HyperX failing to fulfil its obligation to deliver the goods on the date or at the end of the period provided for in Article L. 216-1 of the French Consumer Code if this date or period constitutes an essential condition of the contract for you. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from you before the conclusion of the contract.

In the event of termination of the contract under the conditions referred to above, HyperX will reimburse you for all sums paid no later than fourteen (14) days following the date on which the contract was terminated.

In the event of a delay in delivery due to an unforeseeable, irresistible event beyond our control, we will contact you as soon as possible to inform you and take appropriate measures to minimize the effects. In doing so, we cannot be held responsible for any delay resulting from a case of force majeure as defined in Article 1218 of the Civil Code. However, if there is a risk of significant delay, you can contact us at shopeurope@hyperx.com to terminate the contract and request a refund of all sums paid for the order not received.

For products that are not immediately available in stock, an estimated delivery time is indicated on the product sheet. If you order a product that is not immediately available in stock, either (i) your order confirmation will specify the estimated delivery date, or (ii) where no estimated delivery date is indicated, we will send you an email indicating the delivery date as soon as the product is available and ready to be shipped. When you order several products at the same time and they have different delivery times, the delivery time of the order is based on the latest time. If you wish to order a similar product available in stock or cancel an item from a "group" order with limited availability, you will have to cancel the item from your initial order and place one or more other orders separately.

10. Transfer of ownership and risk

The transfer of ownership takes place on the later of the two dates between the date of payment of the full price and the date of delivery of the products. The transfer of risks takes place on the day of delivery.

11. Your right to change your mind after delivery (right of withdrawal)

In accordance with Article L. 221-18 of the French Consumer Code, you can change your mind and cancel your purchase at any time, without having to provide a reason, within 14 calendar days of receipt of the goods by yourself or a third party, other than the carrier, designated by you, if after handling and inspecting your HyperX product to establish its nature, characteristics and proper functioning ( in the same way as you would in a store ), it does not give you complete satisfaction. In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part. Your right of withdrawal cannot be exercised for contracts for the supply of goods made to your specifications or clearly personalized.

To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending to the e-mail address shopeurope@hyperx.com or to the postal address indicated at the top of this document, either the Withdrawal Form , or any other unambiguous declaration expressing your wish to withdraw, before the expiry of the aforementioned 14-day period.

You have 14 days from the notification of your decision to withdraw from your order to return your complete product to us, in its original packaging , using the return label provided by HyperX. Return costs are borne by HyperX.

Damaged, soiled or incomplete products will not be accepted.

For the return procedure to follow, please consult the return policy page.

When you exercise your right of withdrawal, we will reimburse you in full for all sums paid, including delivery costs (if applicable), without undue delay and at the latest within 14 days from the date on which we are informed of your decision to withdraw. Reimbursement may be deferred until we have received the goods back or until you have provided proof of having sent back the goods.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed to us using another means of payment and provided that the reimbursement does not incur any fees for you.

You are only liable in the event of depreciation of the good(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good(s).

12. Defects on delivery

We encourage you to check your product(s) as soon as possible to verify that there are no defects in conformity with your order (e.g., the shipping packaging is damaged, the product does not correspond to the product ordered, the product has cosmetic defects (scratches, tears, dents, etc.).

If you notice a fault when unpacking or if your product has the slightest defect, please inform HyperX in accordance with our Return Policy available on our website, as soon as possible and at the latest within 30 days of delivery , in order to request the replacement or refund of your product.

It is your responsibility to make the products available to us for collection or to return them to us in accordance with our Returns Policy.

HyperX reserves the right to test returned products and charge you for any costs incurred by HyperX if you have wrongly claimed that the returned products were unusable or defective.

Your rights under this article apply in addition to your rights under the legal guarantees (Article 13) on the one hand, and the commercial guarantee "Limited Guarantee" (Article 14) on the other hand.

13. Legal guarantees

Regardless of the commercial warranty provided with your HyperX or Omen product by the manufacturer (Limited Warranty) below, HyperX as seller remains liable for defects in conformity of the goods to the contract under the conditions provided for in Articles L. 217-1 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.

If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.

14. Manufacturer's Warranty (HyperX Limited Warranty)

HyperX and Omen products are covered by a manufacturer's limited warranty ("Limited Warranty"). The Limited Warranty covers any material or manufacturing defects in the HyperX or Omen product for a period of 6 months to 2 years, depending on the product and as specified in the product sheet on the HyperX Store and the Limited Warranty Statement for your product.

The Limited Warranty begins on the date of purchase of the product. In the event of a product defect, HyperX will, at its discretion, repair or replace the product or refund the purchase price upon return of the product. The Limited Warranty includes parts, labor, and return or travel charges for on-site repairs.

The Limited Warranty does not cover damage due to shock, liquid spillage, misuse, product environmental conditions not meeting HyperX and Omen specifications, or any other external cause stated in the Limited Warranty Statement for your product.

The terms and conditions of the HyperX Limited Warranty commercial warranty agreement can be viewed on the Limited Warranty Statement page.

The HyperX Limited Warranty applies in addition to the consumer's rights under the statutory warranties above.

In accordance with Article L.217-28 of the French Consumer Code, when you request from HyperX, during the course of the legal warranty or the commercial warranty (HyperX Limited Warranty), a repair covered by this warranty, any period of immobilization suspends the warranty which remained to run until the delivery of the repaired good. This period runs from your request for intervention or from the provision for repair or replacement of the good in question, if this starting point proves to be more favorable to you. The warranty period is also suspended when you enter into negotiations with HyperX with a view to an amicable settlement.

15. Software Licenses

Software License

The HyperX License Agreement governs your use of HyperX software. Your use of non-HyperX software and, in exceptional circumstances, certain HyperX software may be governed by a separate end-user license agreement, as provided with the software.

In some cases, express consent to the software publisher's license terms will be required for use of the software. If you do not agree to these license terms and if normal use of the software is not possible without this consent, we will only accept the return of your software if it has not yet been used by you and if it is returned to us in its original, unopened packaging.

Right to software updates for goods containing digital elements

In accordance with Articles L. 217-18 et seq. of the French Consumer Code, you are entitled to software updates necessary to maintain the conformity of your HyperX or Omen product containing digital elements. These updates are provided for a minimum period of two years from delivery of the product, corresponding to the duration of the legal guarantee of conformity. You are free not to install these updates necessary to maintain the conformity of your HyperX or Omen product. Please note, however, that failure to install these software updates within a reasonable time could affect your rights under the legal guarantee of conformity, provided that the lack of conformity of your HyperX or Omen product results from the failure to install the updates concerned.
Some updates that enhance the functionality of your HyperX or Omen product may be deemed unnecessary to maintain product compliance within the meaning of Articles L.217-4 and L.217-5 of the French Consumer Code. In this case, you have the right to refuse the update or, where applicable, to uninstall it. If you do not install these updates, this will have no negative impact on the use of your HyperX or Omen product and its compliance with the criteria set out in Articles L.217-4 and L.217-5 of the French Consumer Code.

16. Applicable law and dispute resolution

These General Conditions are governed by French law.

In the event of a dispute, you should first contact the HyperX Store Customer Service by email at shopeurope@hyperx.com . In accordance with Article L. 612-1 of the French Consumer Code, " every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ." As such, HP France SAS offers its consumer customers, in the event of failure to resolve the dispute amicably with the HyperX Store Customer Service, recourse to the mediation services of the Association of European Mediators (AME Conso), whose contact details are as follows: AME Conso, 197 Boulevard Saint-Germain 75007 Paris; tel: 09 53 01 02 69; https:// www.mediationconso-ame.com/. The referral to the consumer mediator must be made:

- either by completing the mediation request form available on the AME Conso website https://www.mediationconso-ame.com ;

- or by post addressed to AME Conso, 197 Boulevard Saint-Germain 75007 Paris.

Please note that mediation is not mandatory but is only offered to resolve disputes without resorting to the courts.

In the absence of an amicable agreement between the parties, the dispute will be submitted to the French courts.

17. Limitation of liability

HyperX is fully liable for the performance of its obligations hereunder. HyperX shall be liable for direct and foreseeable damages resulting from a breach of these Terms, excluding all indirect, incidental, or other damages not expressly foreseen or normally foreseeable at the time the contract was entered into.

HyperX shall not be liable, however, if the non-performance or poor performance of the contract is attributable to the customer or to exceptional circumstances beyond the control of HyperX, in accordance with Article 1218 of the Civil Code.

The products provided under these Terms are provided solely for personal and family use by consumer customers. HyperX shall not be liable for any indirect or incidental damages, such as loss of profit, loss of business, business interruption, or loss of business opportunity, arising from the use of the products and/or services for commercial, business, or resale purposes.

Subject to the provisions herein relating to the protection of personal data, HyperX will not be liable for the loss of customer data when it is attributable to the customer.

18. Protection of personal data

The personal data you provide to us will be used (i) to process your order, deliver the products to you and provide you with support services, or (ii) with your consent. We will collect and use your personal data in accordance with applicable data protection legislation, including Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, and the Privacy Statement available at https://www.hp.com/fr-fr/privacy/privacy.html . To exercise your rights to access, rectify, object to or delete your personal data, you may contact the HP Privacy Office by completing the form available on the Privacy Rights Notice page.

The HyperX Store search bar (the "Search Bar") is operated by Algolia SL ("Algolia") and use of the Search Bar is subject to Algolia's privacy policy located at https://www.algolia.com/policies/privacy/ .

19. Telephone canvassing

In accordance with Article L. 223-2 of the Consumer Code, we inform you that you have the possibility of registering on the Bloctel telephone canvassing opposition list: http://www.bloctel.gouv.fr/ .

20. Waste electrical and electronic equipment (WEEE)

HyperX informs you that electrical and electronic waste should not be disposed of with other household waste; it is subject to separate collection.

This is why HyperX is committed to taking back your old gaming peripheral – HyperX brand or otherwise – free of charge for any new product purchased from the HyperX Store, within the limit of the quantity and type of equipment sold. To exercise your right of return, you must log in to your HP Recycling account and submit the online return request form no later than 30 days after delivery of your new HyperX product. Please note that the effective return of your old equipment will take place at the end of the legal withdrawal period, i.e. 14 days from delivery of your new equipment. Also, be sure to delete any personal or confidential data from your equipment. HyperX cannot be held responsible for the data contained therein.

For details on the terms and conditions of use of the free '1 for 1' gaming peripheral trade-in service for consumers, click here .

HyperX reserves the right to refuse to accept returns of equipment that is contaminated or suspected of being contaminated with chemicals, biological agents, or other substances that are not part of the original new product and that pose a risk to the safety and health of the personnel responsible for the return. In such cases, alternative return options will be offered.

21. Unique identifier for producers subject to Extended Producer Responsibility (EPR)

In accordance with Article L. 541-10-13 of the Environmental Code, as well as Decree No. 2020-1455 of November 27, 2020, the unique identifiers for our Extended Producer Responsibility (EPR) sectors are as follows: EPR Packaging and Graphic Paper sector: FR020453_01VYJV | EPR Batteries and Accumulators sector: FR020453_06A9CW | EPR WEEE* B2B & B2C sector: FR020453_05S3K0 | EPR Furniture sector: FR020453_10MDY6

*WEEE: waste electrical and electronic equipment

22. Other applicable conditions

By ordering from HyperX, you agree that HyperX may communicate with you electronically about your order (e.g., via email, SMS, or notifications on the HyperX Store).

The products and services provided under these Terms are intended exclusively for use by a consumer Customer; any further commercialization is prohibited (e.g., resale or rental for profit).

HyperX products are subject to export laws. After delivery of your order, you are responsible for complying with all export laws if you ship HyperX products outside the European Union (EU).

Important Note: If for any reason you are unable to access certain provisions referred to in these Terms, such as the Privacy Statement, please contact HyperX Customer Support to request a copy. The applicable version of these Terms and any additional provisions referred to in them is the one in effect on the date of your order. Therefore, we recommend that you print and retain a copy for future reference.

Review date: June 27, 2025