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General Terms and Conditions of Sale


Preamble

The site is the property of the company AC MOTORSPORTS in its entirety, as well as all rights pertaining thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext links to the site are authorized without specific requests.


1. Acceptance of the conditions

The customer acknowledges having read, at the time the order is placed, the special conditions of sale set out on this screen and expressly declares that he accepts them without reservation.

These general terms and conditions of sale govern the contractual relationship between AC MOTORSPORTS and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, unless a prior, express and written derogation is made.


2. Products

Photographs illustrating the products, do not enter into the contractual field. AC MOTORSPORTS cannot be held responsible for any errors that may have been introduced. The majority of products offered to its customers by AC MOTORSPORTS are available in our warehouse. The products are reserved for professional use only. They are marketed by AC MOTORSPORTS and are mostly imported from the USA. The user manuals and manuals on CD are in English. By validating these sales conditions, the professional customer accepts the English version of these manuals and software.


3. Order

Automatic recording systems are considered as proof of the nature, content and date of the order. AC Motorsports confirms acceptance of the order to the customer at the email address provided by the customer. The sale will not be concluded until confirmation of the order. AC MOTORSPORTS reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order. The information provided by the buyer when placing an order is binding on the buyer: in the event of an error in the wording of the recipient's contact details, the seller shall not be held responsible for the impossibility of delivering the product.


4. Delivery

After order confirmation, AC MOTORSPORTS undertakes to deliver to its carrier, all references ordered by the buyer within a maximum period of 48 hours worked. This carrier undertakes by contract with AC MOTORSPORTS to deliver the order to the buyer's address provided by AC MOTORSPORTS. In the case of transport using a cash on delivery system, the customer undertakes to pay the carrier or its representative the full amount indicated on the order confirmation.

In addition, for deliveries outside metropolitan France, the customer undertakes to pay all taxes due on the import of products, customs duties, value added tax, and all other taxes due under the laws of the country where the order is received. All orders placed with AC MOTORSPORTS are for the personal use of the customer, customers or recipients of the products are prohibited from reselling any part or all of the products. AC MOTORSPORTS shall not be held legally liable if the customer fails to pay taxes.

Delivery will be made by Transport DPD, Kuehne+Nagel or Geodis Calberson depending on the customer's choice of transport in Metropolitan France or the nature of the product. Delivery is made within the time slot agreed with the customer by direct delivery of the product to the announced addressee, or in the event of absence, to another person authorised by the customer. Possible delays do not entitle the buyer to claim damages or reimbursement of transport costs.

Deliveries in EEC countries are made by Transports DPD Parcel or Kuehne+Nagel.

In case of apparent defects, the buyer has the right of return under the conditions provided for in this document.

War, riot, fire, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the seller from its obligation to deliver. The goods always travel at the recipient's own risk. Always check your package upon arrival. You must refuse the goods if they are damaged or missing.

For reasons of availability, an order may be delivered in several times to the customer. The customer then pays for only one delivery. If the customer wishes 2 delivery places, he places 2 orders, with the related delivery costs.


5. Withdrawal

- Any order received may be returned (with exchange or/and refund) within 14 clear days from the day of receipt of the package (cf. withdrawal period, article L121-16 of the Consumer Code), with the exception of customised products (special orders or special bearings for example).

- Any return must be the subject of a prior written request to the seller from this page, not forgetting to indicate the order number.

- The customer must wait for the seller's written agreement before making the return.

- Products must be returned in their original packaging together with the invoice. The products must be in perfect condition. Products returned damaged, incomplete, without their label, soiled, used or washed will not be taken back; and in case of exchange, they will be returned to the customer at his expense.

- All shipping costs incurred in a return or exchange remain the responsibility of the customer (in case of doubt about a dimension, the customer is supposed to ask us, before ordering, the appropriate reference by providing us with its exact measurements), except in case of verifiable non-compliance between the products ordered and the products delivered.

- Packages must be returned by registered mail with acknowledgement of receipt or by any other means proving that the customer has sent and the seller has received them.

- Returns must be made to the following address:

AC Motorsports

80 rue Ferdinand de Lesseps

13760 Saint-Cannat

France

- Reimbursement of the returned goods, less shipping costs if they have already been delivered, will be made within a maximum period of 14 days from the day of the customer's withdrawal, by a method of payment agreed with the customer. In case of exercise of the right of withdrawal, AC Motorsports is required to reimburse the sums paid by the customer, free of charge, except for the cost of return. Reimbursement is a maximum of 15 days.


6. Prices

The price is expressed in euros.

The price indicated on the product sheets does not include transport.

The price indicated in the order confirmation is the final price, expressed all taxes included and including VAT for France and EEC countries. This price includes the price of the products, the handling, packaging and conservation costs of the products, the transport and commissioning costs.


7. Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by AC MOTORSPORTS.

The price of the products is payable in cash on the day of the actual order. Online payment shall be made by credit card bearing the CB logo. This enables you to pay via a BNP PARIBAS bank server in a secure environment. Your payment is made directly to a bank in a secure environment without going through the shop's server, a guarantee which is all the more important as your card numbers are known only to our banking partner (BNP PARIBAS). The order validated by the customer will only be considered effective when the bank payment centres concerned have given their agreement. In the event of refusal by the said centres, the order will be automatically cancelled and the customer notified by e-mail.

Furthermore, AC MOTORSPORTS reserves the right to refuse any order from a customer with whom there is a dispute.


8. Disputes

This contract is subject to French law. AC MOTORSPORTS shall not be held liable for damages of any kind, whether material, immaterial or corporal, which may result from the malfunction or misuse of the products marketed. AC MOTORSPORTS guarantees against hidden defects in accordance with legal conditions. The purchaser has a period of eight days from the discovery of the hidden defect to notify his or her reservations by registered letter with acknowledgement of receipt. It is the same for the possible modifications of the products resulting from the manufacturers. Competition fuels are reserved for use only during competitions. The correct use of these special fuels implies that the customer must always filter his fuel before transferring it into his tank in order to retain any impurities that may be present in the canister. The responsibility of AC MOTORSPORTS shall, in any event, be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser shall have the possibility, before any legal action, of seeking an amicable solution, in particular with the help of the AC MOTORSPORTS team:

a professional association of the branch, a consumer association or any other council of his choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors its financial commitments to the seller.

Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.

Failing this, the Commercial Court of Aix en Provence has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.


9. Warranty

In all cases, AC MOTORSPORTS shall not be held liable for failure to comply with the regulatory and legal provisions in force in the country of receipt. AC MOTORSPORTS' liability shall be systematically limited to the value of the product in question at the date of sale, with no possibility of recourse against the brand name or the company producing the product. Competition fuels are reserved for use in competitions only.

In any event, the customer benefits from the legal guarantee of eviction and latent defects (Art.1625 and following of the Civil Code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (Art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short time" from the discovery of the hidden defect (Art.1648 of the Civil Code). You can contact the customer service : 5 days a week (from Monday to Friday included) at the following phone number : +33 (0)4 42 50 60 36 or by mail at : [email protected]


10. Legal information

The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and routing of orders, the establishment of invoices and warranty contracts. Failure to provide this information will result in the non-validation of the order. In accordance with the law "Informatique et Libertés", the processing of nominative information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL Number 1006621). The customer has (Article 34 of the law of 6 January 1978) a right of access, modification, correction and deletion of data concerning him, which he can exercise with AC MOTORSPORTS. Furthermore, AC MOTORSPORTS undertakes not to communicate, whether free of charge or in exchange of payment, the contact details of its customers to a third party.