Preamble
The present general conditions of sale apply to all sales concluded on the MB Race website.
The www.mb-race.com website is a service of:
- The MB Race Association
- 1051 avenue de Genève 74700 Sallanches, France
- website URL: www.mb-race.com
- e-mail: contact@mb-race.com
The MB Race website sells the following products: Derivative products (textiles, accessories, goodies).
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general sales conditions.
Article 1 – Principles
These general terms and conditions express the entirety of the obligations of the parties. The purchaser is deemed to accept them without reservation.
These terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are accessible on the MB Race website and shall prevail, where applicable, over any other version or any other contradictory document.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
These terms and conditions are valid until December 31, 2024.
Article 2 – Contents
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the MB Race website.
The present conditions only apply to purchases made on the MB Race website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@mb-race.com.
These purchases concern the following products: Derivative products (textiles, accessories, goodies).
Article 3 – Pre-contractual information
Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
The buyer is provided with the following information in a clear and comprehensible manner:
– the essential characteristics of the property ;
– the price of the goods and/or the method of calculating the price ;
– if applicable, any additional freight, delivery or postage charges and any other charges due;
– in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the goods, regardless of price;
– information relating to the seller’s identity, postal, telephone and electronic contact details and activities, legal warranties, digital content functionalities and, where applicable, interoperability, the existence and implementation of warranties and other contractual conditions.
Article 4 – The order
The purchaser may place an order online, using the online catalog and the form provided therein, for any product, while stocks last.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
– after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
– and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem has been resolved.
For any questions relating to the tracking of an order, the buyer may call the following telephone number: __________ (cost of a local call), on the following days and times: Monday to Friday, 9am to 6pm, or send an e-mail to the seller at the following e-mail address: contact@mb-race.com.
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall constitute proof of the buyer’s agreement:
– payment of the sums due under the purchase order ;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the purchaser is invited, as soon as this use is noticed, to contact the seller at the following telephone number: __________.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 – Proof of transaction
Computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The products governed by these terms and conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Product photographs are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
Article 10 – Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the methods of payment made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Payment must be made in full on the day the order is placed, in accordance with the following terms and conditions:
– credit card
Article 11 – Product availability – Refunds – Resolution
Except in cases of force majeure or when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be as indicated below, subject to availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.
For deliveries in mainland France and Corsica, the delivery time is 10 days from the day following that on which the buyer placed the order, according to the following methods: by Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories or other countries, delivery terms will be specified to the purchaser on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or delivery period, the purchaser shall, before breaking the contract, require the seller to perform within a reasonable additional period.
If no performance has been made by the end of this new period, the buyer is free to terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract will be considered terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The purchaser may, however, cancel the contract immediately if he considers the above dates or deadlines to be an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.
Article 12 – Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. At the buyer’s request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.
This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site’s legal notice.
If products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer’s option :
– by telephone on the following number __________ ;
– by e-mail to the following address: contact@mb-race.com.
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 1051 Avenue de Genève, 74700 Sallanches.
Return shipping costs are at the seller’s expense.
Article 14 – Product warranty
14-1 Legal warranty of conformity
The seller is the guarantor of the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code.
In the event of implementation of the legal warranty of conformity, please note that:
– the buyer has a period of 2 years from delivery of the goods to take action;
– the purchaser may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;
– the buyer does not have to prove the non-conformity of the goods during the 24 months (12 months for used goods) following delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is the buyer’s responsibility to prove that the defects existed at the time of sale and are such as to render the item unfit for its intended use. This warranty must be invoked within two years of discovery of the defect.
The buyer may choose between rescission of the sale or reduction of the price in accordance with article 1644 of the French Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain at the buyer’s expense.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be reimbursed and the delivery costs will be refunded.
Return shipping costs are at the buyer’s expense.
The exchange (subject to availability) or refund will be made within 15 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
Exceptions
According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
– for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– the supply of goods made to the consumer’s specifications or clearly personalized;
– the supply of goods likely to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
– supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except in the case of subscription contracts for such publications;
– the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties’ obligations and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties’ control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 18 – Data protection
The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.
They may be communicated to the seller’s partners responsible for executing, processing, managing and paying for orders.
The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the MB Race website.
Article 19 – Partial non-validation
If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 – Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 23 – Mediation and settlement of disputes
The buyer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator’s name, contact details and e-mail address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 – Applicable law
These terms and conditions are governed by French law. The court of jurisdiction is the Tribunal Judiciaire.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller for an amicable solution.
Article 25 – Protection of personal data
Collected data
The personal data collected on this site are as follows:
– account opening: when the user’s account is created, the user’s surname, first name and e-mail address;
– connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
– profile: using the services provided on the website allows you to enter a profile, which may include an address and telephone number;
– payment: when paying for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, data concerning the user’s communications is stored temporarily;
– cookies: cookies are used for site use. Users can deactivate cookies using their browser settings.
Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes:
– access and use of the website by the user ;
– management and optimization of the website ;
– organization of the conditions of use of the Payment Services ;
– verification, identification and authentication of data transmitted by the user ;
– offer the user the possibility of communicating with other users of the website;
– implementation of user assistance ;
– personalize services by displaying ads based on the user’s browsing history and preferences;
– prevention and detection of fraud, malware and security incident management ;
– management of any disputes with users ;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, the website works with third-party banking and financial companies with which it has signed contracts in order to implement these services;
– when the user publishes publicly accessible information in the free comment areas of the website;
– when the user authorizes a third-party website to access his/her data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and judicial proceedings;
– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the Internet.
Implementing user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@mb-race.com.
- right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user’s identity in order to verify its accuracy. Dans ce cas, avant la mise en œuvre de ce droit, le site web peut demander une preuve de l’identité de l’utilisateur afin d’en vérifier l’exactitude.
- the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- the right of deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the RGPD.
- the right to object to data processing: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
- the right to portability: they can request that the website return their personal data to them, so that they can pass it on to a new website.
Evolution of this clause
The website reserves the right to modify this privacy policy at any time. If a modification is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.
Appendix:
Cancellation form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgement of receipt,
within a maximum of 14 days from the date of conclusion of the service contract)
| Cancellation form To the attention of: MB Race Association located at : 1051 avenue de Genève, 74700 Sallanches, France Phone number : __________ email address: contact@mb-race.com I hereby notify you of my withdrawal from the contract concerning …………………, ordered on: ……… First and last name of customer: .……………. Customer address: …………….. Date: ……………… Consumer’s signature |
Appendix:
Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.”
Article L. 217-5: “The goods conform to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so:
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.
Article L. 217-7: “Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.For goods sold second-hand, this period is set at six months.The seller may rebut this presumption if it is not compatible with the nature of the goods or the defect of conformity claimed.”
Article L. 217-8 : “The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect is due to materials supplied by the buyer.
Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”
Article L. 217-10 : “If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor.”
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 is at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: “Action resulting from a lack of conformity is barred two years after delivery of the goods.
Article L. 217-13: “The provisions of this section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.
Article L. 217-14: “The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15 : “A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of it.”
Article L. 217-16 : “When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the time of the buyer’s request for service or from the time the item in question is made available for repair, if this is subsequent to the request for service.”
Civil Code
Article 1641 : “The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them”.
Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent “defects or lack of conformity”.
