TERMS AND CONDITIONS OF SALES (PURCHASE)
The herewith Terms and Conditions of sales were made, on the one hand, between the official shop of the French Moto Grand Prix: P.H.A. (Philibert and Associates); Head Office at 15 Bis Place Renoux - 63000 CLERMONT-FERRAND (France) - Phone Number: +33 4 73 91 85 75 - Fax: +33 4 73 91 77 84 - SARL (Company with Reduced Liability) of a capital of 265 000 € - SIRET (Computer System for Business Directory on the Territory): 37977955600016 RCS (commercial Court) Clermont-Ferrand - NI: FR57379779566. And, on the other hand, with web users who wish to purchase via the official website “boutique officielle gpfrancemoto” , which can be found at this address: http://boutique.gpfrancemoto.com. Hereafter called “The Customer”.
The herewith Terms and Conditions govern the sale of all goods shown on the website www.boutique.gpfrancemoto.com. All parties agree that their relationship is exclusively governed by the herewith contract, excluding any other condition. The goods are only for sale to non commercial persons. The contract is entered into on a intuitu personae basis and therefore, no goods can be resold under any circumstances. All order, which has been duly validated on the France Moto Grand Prix official website or store, implies the acceptance without any reserve of the herewith general terms of sale and, possibly, the acceptance of special or specific conditions pertaining to one or several goods or orders.
The terms and conditions herewith aim to define the mutual obligations of all parties concerned as well as the different stages of order and sale.
2. PRODUCTS AND GOODS
www.boutique.gpfrancemoto.com is a website which sells clothing, accessories and other goods related to the France Moto GP event. The goods listed on the site are only available whilst stocks last. Therefore, the France Moto Grand Prix official store cannot guarantee stock availability during any given time. Any customer’s complaint regarding the order or delivery of unavailable goods will not be taken into consideration. In the case of a confirmed order where the goods have become unavailable, the France Moto Grand Prix official store will not complete the transaction and will not debit the customer’s account associated with the bank card provided. However, if the customer’s account has been debited and the goods are no longer available, then France Moto Grand Prix official store is committed to pay back a full refund within ten working days. In all cases, the France Moto Grand Prix official store will advise via email any customer who has placed an order where the items have become unavailable.
3. PRICES AND DELIVERY
3.1 Prices shown on the French website are in euros.
3.2 Prices include French VAT at the prevailing rate for all goods subject to VAT. Should the VAT rate change, the sale price could alter and so without any advance warning to the customer. For deliveries to the DOM-TOM territories and non European countries, the VAT will be deducted from the invoice, however import duties will be applied upon reception of the goods.
3.3 The delivery will take between 4 to 6 days once the payment has been received unless any fortuitous event or a force majeure which could delay or hinder the delivery process and which is out of the France Moto Grand Prix official store’s control.
4.1 The customer who wishes to place an order on the France Moto Grand Prix official website must follow the herewith procedure to validate an order. After having clicked on the icon “Add to basket” and checked that the order is correct (colour, quantity, prices, etc.), the customer must then validate his/ her order by clicking on “complete my order”. The customer must create an account and fill in his/her details with the following mandatory fields: title, surname, first name, complete the delivery address, email and phone number. Once the account has successfully been created, the customer must click on “validate”, which will take him/her to the summary page to check out all the final details of the order.
4.2 Payment terms: the customer can pay by bank card directly on the website. The customer must confirm his/her address, the goods and the total amount. The customer types the card number, along with the expiry date. The customer validates his/her order by clicking on “validate”. This validation confirms the sale and irrevocably binds both parties.
4.3 The France Moto Grand Prix official store will acknowledge the order as soon as the validation is confirmed by email or by other prefered means, according to provisions of Article L121-19 of the Consumer Code.
5. SECURED PAYMENTS
5.1 Payment can be made by the following bank cards: CARTE BLEUE / VISA / EUROCARD / MASTERCARD. For payment security, we use PAYZEN. This system allows your card payment to be directly transferred onto a secured server by PAYZEN on our behalf. Your card number will never be passed on to us. The exchanges are coded and secured thanks to the protocole SSL 3 (Secure Socket Layer) on the internet. This protocol has become a global standard and is used by all the major internet browsers.
5.2 Once the bank card details have been confirmed, the secure remote payment manager will request authorisation from the customer’s bank. The remote payment manager will issue an digital certificate.
6.1 All the listed goods on the website www.boutique.gpfrancemoto.com can be exchanged or refunded. The customer has a 15 day period from receiving the goods to request an exchange or to exercise his/her right of a refund.
6.2 The customer must send the goods back within the 15 day period in their original packaging along with the invoice and the reason for sending them back to the following address: P.H.A. (Philibert & Associés), 15 bis place Renoux, 63000 CLERMONT-FERRAND (France). Any damaged goods cannot be refunded unless a fault has been noticed and notified on delivery.
7. SIGNATURE AND PROOFS
7.1 For all card payments on the website www.boutique.gpfrancemoto.com, the digital certificate issued by the remote payment manager is proof of the amount paid and the transaction sale’s date, in accordance not only with the provisions of the articles 1316 and so forth, of the Civil Code but also with digital archiving systems put in place by the France Moto Grand Prix official store. In this regard, the dates and times of the server will prevail between the parties.
7.2 In all cases, the validation of the order paid by bank card directly on the website is worth a signature and express acceptance of all operations performed on the site.
7.3 However, the due date of the monies owed is that referred to in Article 4.2 depending on the type and method of payment.
8.1 In order to facilitate the customer’s identification, the customer authorises the France Moto Grand Prix official store to drop on the customer’s hard drive a "cookie" file whose sole purpose is to facilitate the so-called identification. The customer who refuses the “cookie” file on his/her hard drive must complete the validation forms for every order.
9.1 For all navigation on the site, browsing, filling forms, placing orders, goods delivery or any other service, P.H.A. (Philibert & Associés) the company takes no responsabilites and assumes no liability.
9.2 Thereupon, the France Moto Grand Prix official store cannot be held liable for any inconvenience or damage arising from the use of the Internet network despite the assiduity and precautions taken by the France Moto Grand Prix official store. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the liability of the France Moto Grand Prix official store.
9.3 Equally, any fact qualified force majeure within the meaning of the jurisprudence of the Court of Cassation, totally exonerates the France Moto Grand Prix Official store of any responsibility.
10. INTEGRALITY OF THE CONTRACT
10.1 The conditions herewith concluded between the France Moto Grand Prix Official store and the customer express the entirety of the obligations of all parties. No indication or document may give rise to obligations under this Agreement unless they are not subject to an endorsement signed by both parties. No correspondence prior to the signing of this contract may give rise to obligations under the said contract.
10.2 However, if one condition was to be missing, it would be considered to be governed by the practice in force in the sales sector
11. TOLERANCES OR WAIVER
11.1 It is formally agreed between the France Moto Grand Prix Official store and the customer that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in these conditions, whatever the recurrence or the duration, shall not constitute a modification of this Agreement or generate any right whatsoever.
11.2 More precisely, no delay or inaction, abstention or omission by a customer in the exercise of any of its rights under this Agreement shall affect or construed such right nor will it be considered as a waiver of its rights.
12. PARTIAL INVALIDITY
If a particular provision of these terms is held invalid or declared as such by an authorised and competent jurisdiction, the other stipulations will retain their full force and scope.
The language of these general conditions of sale is French.