TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE FOR MAINLAND FRANCE, CORSICA, AND MONACO MAIL ORDER
PREAMBLE
These general terms and conditions of sale (TCS) are concluded:
BETWEEN: M COM, a limited liability company with its registered office at 349, Avenue Jean Jaurès - 69007 LYON. SIRET number 38055297600017, hereinafter referred to as M COM, ON THE ONE HAND, AND - Individuals wishing to make a purchase either by mail order or via the online store of the Circuit Paul Ricard shop "boutiquecpr@m-com.com", hereinafter referred to as THE USER, ON THE OTHER HAND.
OBJECT
These terms aim to define the sales methods between M COM and THE USER, from ordering to service, including payment and delivery. They regulate all stages.
The general terms and conditions of sale are systematically sent or given to each customer to enable them to place an order. Consequently, placing an order implies full and unconditional acceptance by the customer of these general terms and conditions of sale, to the exclusion of any other documents such as brochures and catalogs issued by M COM, which have only an indicative value. No special condition can, unless formally accepted in writing by M COM, prevail over these general terms and conditions of sale. Any contrary condition imposed by THE USER will, in the absence of express acceptance, be unenforceable against M COM, regardless of when it may have been brought to its attention. The fact that M COM does not invoke at a given time any of the present general terms and conditions of sale cannot be interpreted as a waiver of the right to invoke any of said conditions later. The shipment of parcels can only be made territorially in France, the DOM-TOM, and Monaco, and exceptionally outside this area. If THE USER resides outside the delivery areas specified above and wishes to obtain delivery abroad, they must contact the Shop Manager directly by email at boutique@circuitpaulricard.com. The parties agree that their relations will be exclusively governed by this contract. If a condition is missing, it will be considered to be governed by the practices in force in the distance selling sector for a company with its registered office in France.
ORDER
THE USER has the possibility to place an order by mail or online, from the online catalog. If the order is placed via the internet, it can only be registered on the site if THE USER has clearly identified themselves either:
- by entering their customer code, which is strictly personal,
- or by completing the online order form to obtain a customer number, which will be sent to them by the Customer Relations Service, following their first order.
Any order implies acceptance of the prices and description of the products available for sale. M COM undertakes to honor orders received by mail or via the website, only within the limits of available product stocks. In the event of product unavailability, M COM undertakes to inform THE USER as soon as possible.
ORDER TAKING
When a quote is issued by M COM, it constitutes the special conditions modifying or supplementing these general terms and conditions of sale. Orders are only final after payment of the deposit indicated on the order form. M COM is only bound by orders taken by its representatives or employees subject to written and signed confirmation from M COM. Acceptance can also result from the completion of delivery.
ORDER MODIFICATION
Any modification or cancellation of an order requested by THE USER can only be considered if it is received in writing before the performance of the service, and accepted by M COM, except for orders by a private consumer. In case of cancellation of all or part of the order, and without specific agreement on the reservation, M COM will have the right to invoice, in accordance with the Consumer Code.
CONSUMER PROTECTION
Any individual placing an order either online, by phone, or on paper with M COM, will have a withdrawal period equal to fourteen days, in accordance with Article L 121-16 paragraph 1 of the Consumer Code.
RESERVATION OF TITLE
M COM retains full ownership of the goods sold until full payment of the price, principal, and accessory. Failure to pay any installment may result in the claim of the goods. This claim will occur without the intervention of a judge, the parties expressly agreeing that it will suffice for the seller or their representative to go to any place where the goods subject to this clause are located to remove them without any other formality. These provisions do not hinder the transfer to the client of M COM, upon delivery, of the risks of loss and deterioration of the sold goods as well as the damage they could cause.
PAYMENT – DELAY OR DEFAULT
In case of late payment, M COM may suspend all ongoing orders, without prejudice to any other course of action. Any sum not paid by the due date indicated on the invoice, whether identical to that appearing in the general terms and conditions of sale or different, will result in the application of penalties equal to one and a half times the legal interest rate. These penalties will be payable upon simple request from M COM. Any invoice collected by the Collection Department will be increased as a non-reducible penalty clause, as per Article 1229 of the Civil Code, by an indemnity fixed at 15% of the price.
TRANSPORT
Transport will be at the customer's expense, unless otherwise stated on the order form.
DELIVERY
THE USER can choose to have the delivery made:
- either to their home,
- or to another address different from the billing address.
M COM undertakes to make the deliveries of the ordered items as soon as possible. The average observed delivery times for available items are eight to fifteen days, with a maximum period of thirty days.
PAYMENT METHODS
THE USER can choose to pay for their purchases:
- online at the time of order by credit card (CARTE BLEUE, VISA, EUROCARD MASTERCARD) or by PAYPAL. Prices are indicated in euros, all taxes included, and take into account the applicable VAT on the day of the order. Any change in the applicable rate may be reflected in the price of the products.
RESPONSIBILITY OF M COM
M COM is not obligated to achieve any specific result for all stages of access to the site, the order process, delivery, or subsequent services. M COM's responsibility cannot be engaged for any inconvenience or damage inherent to the use of the internet, including service interruption, external intrusion, or the presence of computer viruses, or any force majeure, in accordance with jurisprudence. M COM assumes responsibility towards THE USER for the services provided and the goods delivered, in accordance with current regulations, and consequently guarantees them against any claim or complaint, whether judicial or amicable, resulting from both damage caused to goods and damage caused to persons due to said services.
M COM also guarantees, in accordance with legal provisions, THE USER against any hidden defects affecting the delivered products or provided services making them unfit for use, as well as the resulting detrimental consequences. To assert their rights, THE USER must inform M COM, by registered letter, of the existence of defects within a maximum period of fifteen days from their discovery, under penalty of forfeiture of any related action.
WARRANTY
All items can be exchanged or refunded. The exchange must take place within seven days from the date of receipt or withdrawal. If the new order is of a higher amount, THE USER must include payment for the balance with the exchange request. Conversely, if the amount of the exchange is lower than the initial amount, THE USER will receive a check refund for the difference upon receipt of the request. The refund can also be requested within seven days, after deduction of the flat-rate order processing fees. In all cases, any request for exchange or refund must be made by post to the address of M COM, 60 Avenue Tony Garnier LYON 69007.
FORCE MAJEURE AND DAMAGE
M COM cannot be held responsible for delays due to force majeure such as strike, accident, bad weather, etc. No compensation can be claimed from M COM in this case for deprivation of use or any commercial disturbance.
INTELLECTUAL PROPERTY
All elements of the M COM site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents, and will be the exclusive property of M COM. THE USER who has a personal website and wishes to place a simple link directing to the homepage of the M COM site must obligatorily request authorization from M COM. This will not be considered an implicit affiliation agreement. However, any hypertext link directing to the M COM site and using the framing or inline linking technique is formally prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from M COM.
ENTIRETY
In the event that any clause of this contract is null and void due to a change in legislation, regulation, or court decision, this will not in any way affect the validity and compliance with these general terms and conditions of sale.
DURATION
These Conditions apply during the online availability and the catalog of products offered by M COM.
EVIDENCE
The computerized records, kept in the computer systems of M COM and its partners under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties.
RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of order forms and invoices is carried out on a reliable and durable medium to correspond to a faithful and durable copy, in accordance with Article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. In case of dispute, and failing an amicable agreement between the parties, jurisdiction is given to the competent courts of Toulouse, and, in case of incompetence, to the competent jurisdictions, notwithstanding multiple defendants and/or third-party claims, even for emergency or protective procedures in summary proceedings or by petition.