GENERAL TERMS AND CONDITIONS OF SALE
Our sales are subject to the present general terms and conditions which prevail over any conditions of purchase, unless we expressly waive them.
Any order submitted to us directly or through an intermediary such as our online shop is only binding on the buyer after express acceptance on our part.
We cannot be held responsible in any way for the permanent or temporary cessation of the marketing of a product or service. If obsolete products are ordered, a new commercial proposal on available articles will be made to the customer. However, the customer may not demand delivery or compensation for obsolete products.
The prices indicated on the order form or in the shopping cart on the website will be maintained for one month from the date of signature. If the delivery or the service has not taken place within this period, the prices invoiced will be those in force on the day of delivery.
The prices are stated exclusive of tax. All duties and taxes that are currently applicable or that may become applicable will be invoiced in addition.
The prices indicated take into account the terms of payment in cash at the time of ordering, regardless of the method of payment agreed.
No order can be validated or accepted by HVM Racing if the amounts due are not paid in cash.
In case of purchase by credit card, the credit cards are debited on the day the order is registered and the bank details are entered by the customer.
Our delivery times are given as an indication. No delay shall justify the cancellation of the order, nor give rise to penalties or compensation.
Our goods travel at the risk of the recipient. The transfer of risks takes place for sales to metropolitan France, at the time of delivery and at the address indicated on the order and for other sales at the time of delivery to the customer's forwarding agent in the PARIS airport area.
The transfer of ownership of the products and materials takes place after payment of the entire order.
The customer is required to check the apparent condition of the products upon delivery and, in the event of damage, to state his or her reservations precisely on the delivery slip, to reiterate them to the carrier by registered letter within three days of delivery, and to inform HVM Racing in writing, within 15 days of delivery, of any damage due to transport. No claim will be accepted if these formalities are not respected.
Precisions if the sale concerns track time, baptisms, private tests, entry fees:
It is considered as firm and definitive as soon as the corresponding payment has been received. No reimbursement will be made even in the event of non-participation.
The track times mentioned are given for information only. No reimbursement will be made in the event of a reduction of the session concerned, even in the event of cancellation.
In the event of exclusion by the sporting or administrative authorities of the participant, the purchaser will not be entitled to any reimbursement or compensation.
Tickets for access to the track are to be collected from the competitor's reception desk by the driver on presentation of a valid driving licence, an FFSA licence and a signed waiver of appeal.
The participant acknowledges that he/she is taking part on his/her own initiative. HVM Racing cannot be held responsible.
The participant will have to respect the instructions, licences and safety equipment decreed by the FFSA regulations.
The participant must comply with the circuit's internal regulations. It is specified that HVM Racing is only a promoter and is never the Organiser of the races, whether they are private tests or official races.
The participant acknowledges that he/she is responsible for any damage he/she may cause, including to himself/herself. Damage to the infrastructure will also be charged to the participant.
10 The participant acknowledges that he/she has read and accepted the note on compulsory insurance and risks (link here)
11 The buyer undertakes to inform the driver of the risks and responsibilities before he uses the track. The simple fact of presenting the vehicle on the track implies acceptance of the FFSA regulations in force, of the present General Conditions of Sale and of the note relating to compulsory insurance and risks (link here)
In accordance with the provisions of the law of 12 May 1980, the equipment remains our property until full payment of the price. Any failure to pay may consequently lead to the automatic cancellation of the order and the repossession of the unpaid equipment, supplies and accessories, without any legal formalities.
The Client undertakes to take all measures to prevent the distraction, pledging or seizure of the products covered by this clause. It undertakes to include them in a separate list on the assets side of its balance sheet and to facilitate their identification in its stocks. If the Customer resells the products before having paid the price in full, he shall inform us of the names and addresses of the sub-purchasers, shall undertake to delegate to us the price owed by the sub-purchasers to the extent of the amount owed, and shall inform them of the existence of a retention of title clause in our favour and of the fact that we may demand payment.
In case of implementation of this clause, the sums collected by our company shall be retained as damages up to 30% of the price of the product in question.
Our equipment, products and supplies are guaranteed. This guarantee is subject to the manufacturer's guarantees in terms of duration and application. Defective products for which we are responsible must be returned to us complete in their original packaging and after our agreement.
The guarantee does not extend to the compensation of the prejudice that the purchaser could undergo because of the defects of the equipment and supplies sold.
It shall lapse :
. when the equipment, products or supplies have been used or worn.
. when the defects are directly or indirectly due to defective maintenance or abnormal use, even temporary, or to installation in abnormal or extreme conditions.
No request for cancellation will be taken into consideration after we have received the order, which is definitively binding on the buyer.
Any complaint will only be valid if it is formulated within 15 days of the delivery of the goods to the customer.
Any return of goods must be agreed with us in advance. Returned goods must be sent carriage paid to our headquarters.
In the event of failure to pay the full price on the agreed due date, the present contract shall be automatically terminated in our favour, without prejudice to any damages that may be claimed from the defaulting customer. The termination shall take effect 8 days after a formal notice has been sent but has not been received.
The parties are released from their obligations in the event of force majeure. Force majeure includes, inter alia, an export ban imposed by a government authority, labour disputes resulting in a general or sectoral strike and transport disruptions.
10.2 If the effects of force majeure last for more than three months, either party shall have the right to cancel the order whose delivery has been delayed.
11.1 These general terms and conditions as well as any acts resulting from them are subject to French law.
11.2 For any dispute that may arise in connection with these general terms and conditions or with the acts that will result from them, jurisdiction is expressly granted to the Courts of Nanterre.