Terms and Conditions

These Terms and Conditions (hereafter referred to as the “T&Cs”) are concluded between the Automobile Club de l’Ouest (hereafter referred to as “the ACO”), a 1901 law with company registration number SIRET 775 652 316 and any non-professional natural person ordering one or more items from the ACO online store (hereafter referred to as “the customer”).

Article 1: Object

The T&Cs define contractual relations between the ACO and the Customer and conditions applicable to all product purchases (hereafter referred to as "the Product") made on the ACO online store at the following address: https://store.lemans.org

Purchasing a product on the site: https://store.lemans.orgimplies unreserved acceptance of the T&Cs by the Customer who acknowledges having read them prior to ordering.

The Customer declares being legally capable of making ACO purchases governed by the purchasing conditions.

ACO reserves the right to modify these T&Cs at any time in order comply with new regulations or to improve their site: https://store.lemans.orgor for any other reasons. The conditions on the date of the Customer’s order apply.

Article 2: Products

The Products are those proposed are on the site: https://store.lemans.orgof the ACO.

The ACO reserves the right to modify the range of Products at any time. Each Product is presented on the site with a description featuring the main technical specifications: volume, use, composition etc.

Information in each product description and photos, videos and other details are for information purposes only.

ACO refuses responsibility for any errors in the product descriptions. The ACO commits to making all efforts possible to correct reported errors or oversights.

Availability shown on the ACO online store are for information purposes only and cannot be disputed.

Availability can change between the order and delivery, despite ACO’s efforts to update stock levels. In such cases, the Customer is informed by email or telephone as soon as possible and can choose to replace the original product with another product from the ACO catalogue or cancel their order. In this case, the ACO will refund the amount paid by the Customer within 14 days from the date of cancellation.

Article 3: Prices

Product prices are indicated in euros including all taxes including applicable VAT rates on the order date, excluding eco-participation and excluding preparation and shipping charges. The ACO reserves the right to change prices at any time. Products will be invoiced for the price applicable when the order is confirmed.

Product prices will be increased for shipping costs applied by the French postal service or the carrier.

Changes to VAT will be applied to Product prices.

Article 4: Sales – Special Offers – Promotional Codes

Sales prices proposed by the ACO are valid during the two legal sales periods and only for indicated products.

Promotional codes apply to prices excluding VAT or to one of the products ordered excluding shipping charges and cannot be cumulated with other offers or sales, unlike vouchers which can be cumulated with other offers and sales. Promotional codes and vouchers cannot be exchanged for money. They are personal and cannot be transferred. They can only be used once by the Customer when confirming their order.

Validity dates for each promotional code and voucher are indicated on the document given to the Customer: vouchers and promotional codes are sent by email or printed.

When ordering, Customers must enter the promotional code in the required field to benefit from a reduction. If the Customer forgets, the ACO cannot cancel the order or change it to enter the reduction.

In order to activate a voucher, the Customer must enter the voucher reference number in the required field.

Fraudulent use in violation of the spirit of the offer, makes the promotional code null and void.

Article 5: Order

Customers can register their order on the online ACO store after creating an account and indicating their preferred delivery address. Customer’s click on BUY (or the associated symbol) to confirm the addition of a Product to their order then ticking the “I have read and fully agree to the T&Cs” in the order recap which can only be activated by the ORDER button and fully accepts the complete T&Cs. The Customer confirms their order by clicking on ORDER in the order recap screen.

Customers have importer status for Products ordered for countries other than mainland France. Customs duties and other local or import taxes will apply. Such taxes and duties are not the ACO’s responsibility. They are payable by the Customer, who is responsible for declarations and payments to the authorities.

The ACO will make every effort to process orders but reserves the right to refuse a Customer they have a dispute with.

Article 6: Payment/Invoicing

Payment

Payment currency is the euro. No other currencies will be accepted. The total amount is payable when the order is confirmed.

Payment is made by credit card when ordering. ACO only accepts Visa, Eurocard, MasterCard, American Express and “cartes bleues”. The Customer guarantees they are authorised to use the credit card and that the card gives access to funds that cover all the costs of the order. The Customer’s bank account will be debited after the order confirmation sent by the ACO.

The ACO online store has one of the most secure payment systems in existence. To ensure internet payments are secure, ACO has selected SSL (Secure Socket Layer) encryption and a digital certificate to reinforce interference and encryption processes to optimise protection of all payment data.

Avoiding card fraud

The ACO reserves the right to check personal data communicated by the Customer and apply any methods considered necessary to check that the credit card and the person correspond to avoid fraudulent payments. Checks can

include ID checks and/or home address and/r bank documents (eg. RIB). In the absence of Customer responses to such a request within five (5) days by the ACO, the order will be cancelled without any possibility for later claims.

The ACO can cancel orders which present a risk of fraudulent bank card use

Invoicing

Invoices are created when orders are confirmed.

The invoice is sent to the Customer’s email address in their Customer Account in the online store.

The Customer can upload the electronic version (Adobe Acrobat) of their invoice in MY ACCOUNT on the online store

The ACO reserves the right to suspend a Customer’s account in the event of a dispute about an invoice either before or after delivery of the order, and to suspend other orders being processed even if they are not disputed.

Article 7: Delivery

Products are shipped from Monday to Friday included, excluding weekends and public holidays to the address indicated by the Customer in their order form. The ACO delivers everywhere in mainland France (including Monaco and Corsica), in overseas France and the rest of the world (subject to carrier service).

An order form showing all the Products in the package(s) is always included with the Products. It is also available in the Customer’s account on the ACO online store. The Customer receives an email to confirm their order has been shipped featuring the carrier’s name, the number of packages and the tracking link.

Delivery times indicated by the ACO are calculated according to Product availability taking into account the date of reception given by the supplier when restocking is required.

Shipment by the French postal service (according to their conditions)

For addresses in mainland France: Packages are delivered to the letterbox of the customer’s choice, the chosen official ACO store or a pickup point usually within two (2) and five (5) working days.

For addresses in overseas France: Packages are delivered to the letterbox of the customer’s choice usually within five (5) and seven (7) working days.

For addresses in Europe or overseas (except overseas France): Packages are delivered to the letterbox of the customer’s choice or a pickup point usually within three (3) and seven (7) working days.

We apologize for any possible delay in the shipment in case of any incident (climate, strike,...); We depend on an external service for the delivery of our products.

If the package cannot be made to the letter box, the French postal service reserves the right to make several attempts to deliver to the address indicated by the Customer. They can take the initiative to deliver to any person present at the address, including the caretaker or janitor who agrees to accept the delivery.

If delivery is not possible, the parcel will be held at the address indicated on the delivery note. Parcels sent in France will be kept for 15 days from the day after the date the delivery note is left in the letter box unless the period is prolonged by the French postal service.
This period varies between 5 and 15 days for international shipments depending on the pickup point chosen by the Customer. The period begins on the day after the last attempted delivery.

After this period, the parcel is automatically returned to the ACO which reserves the right to invoice the Customer for charges associated with a second delivery.

Carrier Deliveries (for parcels which cannot be shipped by the postal service due to size and weight)

Delivery is only possible in mainland France: Distribution of the parcel to the address indicated by the Customer, in the official ACO store chosen by the Customer within one (1) and three (3) days with signature by the recipient. Parcels will be delivered to any person at the address given by the Customer without the ACO being able to check that the identity of the person present corresponds to the name used by the Customer in their order.

Parcels are automatically returned to the ACO if it is impossible to deliver because there is no one present capable of signing the delivery note at the delivery address indicated by the Customer. The ACO reserves the right to invoice the Customer for charges associated with a second delivery.

The delivery is considered made when the parcel is given to the Customer by the carrier, as indicated in the carrier’s tracking system.

Article 8: Proof

Only data entered by the ACO and their appointed carriers can be used as proof of any transactions between the ACO and their Customers. The ACO always confirms orders made in their database.

Article 9: Transfer of risks and ownership

Risks are transferred when the product is delivered but Products remain the property of the ACO until payment is received in full for the prices and charges associated with processing the order.

Article 10: Responsibility

Lost parcels

If the Customer has not received information about their shipment within seven (7) days of dispatch, they must contact the ACO who will register an enquiry with the carrier. If the parcel is declared lost (definitive answer usually within three (3) weeks), the ACO advises the Customer and immediately delivers the order again, subject to available stocks.

Nonconformity

The Customer must check the Products on arrival and mark claims on the delivery note, or refuse the parcel and indicate the reason for refusal on the delivery note if the parcel has been opened or bears other signs of damage. Such claims must be confirmed to the carrier within three (3) days after the delivery by registered post with acknowledgement of receipt and a copy addressed to the ACO by email to: store@lemans.org.

Apart for the legal guarantee of conformity in Article 10 of the T&Cs, if the Products are not in compliance with the order (damaged or missing products), under penalty of forfeiture, the Customer must make a written claim by email to: store@lemans.orgor by letter to ACO’s head office within fourteen (14) days after delivery of the product(s). Before returning a damaged product, the Customer must print the returns label in their customer account in the ACO online site. After the Product has been returned by the Customer, the ACO checks the returned Product for damages or after reception of their claim regarding a missing Product, will pay for the shipment of another Product, subject to availability, or if the product is out of stock, will reimburse the Customer for the price of the missing Product, excluding any other charges or compensation of any kind.

Limitation of Responsibility

The ACO is not liable for damages of any nature, either material or immaterial which result from incorrect functions or use of their Products. This is also the case for changes made to Products by manufacturers. The ACO is not liable to a Customer or a third party for any indirect damages or operating, profit or revenue losses of any type, even if the compensation or loss or prejudice was foreseeable by the ACO, or if the possibility was reported to them.

The ACO is not liable for the non-fulfilment of the contract in the event of stock shortage, force majeure, disruption or total or partial strike by postal services, carriers and or communication, flood and fire.

The ACO is not liable for any damage resulting from the use of the internet such as data loss, intrusion, viruses, service disruption, or other unintentional problems.

Article 11: Legal Guarantees

In the event of Product nonconformity in accordance with articles L217-4 and the French consumer’s code or latent defects affecting the Products in accordance with articles 1641 and the French civil code, the Customer must immediately inform the ACO in any written form of the alleged defects.

The Customer benefits from legal guarantees in the below conditions:

The Customer: - benefits from a period of two years from delivery to act; - can choose between repairs or replacement to the Product, subject to conditions and costs provided in article L. 217-9 of the French consumer code; - is exempt from providing proof of the existence of the lack of conformity during the two-year period.

The legal guarantee of conformity applies independently to any possible commercial guarantees.

With regard to the guarantee against latent defects, the Customer:

- can choose between the cancellation of the sale or a reduction of the sale price (article 1644 of the French civil code).

- must provide proof of the defect within a two-year period from discovery of the vice.

All guarantees are null and void if the defects and deterioration are caused by external event, negligence, bad maintenance, accidents, use or use nonconform with the label or user guide.

Article 12: Right of Withdrawal – Returns – Refunds

In accordance with article L221-18 of the French consumer code, the Customer has fourteen (14) days from reception or delivery of the Products to exercise their right of withdrawal. The customer informs the ACO of their decision to cancel their order by sending the completed and signed withdrawal form which can be found attached to these T&Cs to ACO’s head office. The address can be found at the beginning of these T&Cs.

The Customer has fourteen (14) days from the date they sent their decision to withdraw and to send the Product(s) (payment on delivery will not be accepted). After this period, the ACO reserves the right to refuse the parcel. Products must be returned in perfect condition, protected in their original packaging with all accessories, user guides and other documentation. The ACO has fourteen (14) days from reception of the Product(s) to check them, validate the procedure and refund the Customer. We recommand to keep the receipt of the product's shipment so you can proof of the shipment in case of a problem.

The Customer must contact their bank to check, confirm and validate the refund as the ACO has no control after ordering the payment by their own bank.

Products not covered by the Right of Withdrawal

In accordance of article L.221-28 of the French consumers code, the right of withdrawal cannot be exercised for purchases of certain Products, for example:

- goods made according to Customer’s specifications or personalised;

- goods likely to deteriorate or become obsolete rapidly; - goods which have been opened by the Customer after delivery and which cannot be returned for hygiene or health reasons; - goods which are mixed with other articles and cannot be restored to their original condition; - newspapers, periodicals or magazines, except for subscription to such publications;

- audio or video recordings and software which have been opened by the Customer after delivery.

Software remains the property of the manufacturer and licence holder. Transfer of ownership is not possible for software. Only licence for use is possible. The user cannot, in any way, transfer, grant, communicate or lend software for financial gain or free of charge, or copy them. The ACO is an intermediary. They are not liable for the content of CD ROMs, DVD ROMs or software made by publishers. The Customer must take measures for the protection of their own data, software and computers against viruses which circulate on the internet or are contained in software sold by the ACO which is not liable for any compensation for prejudices suffered by the Customer due to IT viruses.

Article 13: Severability of Clauses

In the event that one of the clauses in these T&Cs is considered illegal or unenforceable by a court decision, the other terms remain applicable. The nullity, lapse, lack of binding force or unenforceability of any of the provisions of the T&Cs does not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions which remain applicable. In any event, no dispensation from the T&Cs is possible without the express prior agreement of the ACO.

Article 14: Titles

The titles of the articles in the T&Cs are for reference only. They cannot be used to interpret, limit or change the T&Cs.

Article 15: Intellectual Property

All the elements on the site: https://store.lemans.orgare and remain the exclusive property of the ACO. No one is authorised to copy or use in any way, even partially, elements of the site: photos, logos, visuals or text.

Article 16: Personal Data Protection

The ACO undertakes to preserve the confidentiality of the Customer's personal data and to process them in accordance with current laws and regulations.

All Customers have the right to access, to modify, to limit the processing and the portability of their data and to be forgotten. Address requests to the ACO, with double-sided proof of identity to: Automobile Club de l’Ouest – Circuit the 24 Heures du Mans – CS 21928 – 72 019 LE MANS CEDEX 2 FRANCE, or dpo@lemans.org.

For more information about the way a Customer’s personal data is collected, processed, used and protected by the ACO and Customer right, consult the ACO’s Data Protection Policy at: https://store.lemans.org

Article 17: Applicable Law - Jurisdiction

The T&Cs in French are executed and interpreted in accordance with French law.

In compliance with current laws, the Customer can request resolution by a mediator for disputes associated with a purchase made on ACO site. In compliance with the provisions relating to mediation, any consumer dispute must be referred in advance in writing to the ACO Customer Service (juridique@lemans.org) prior to a request for mediation.

If no amicable settlement is reached, the courts of Le Mans are the only competent courts, regardless of the delivery address and accepted methods of payment.
Annex

WITHDRAWAL FORM

Send to the AUTOMOBILE CLUB DE L’OUEST, Boutique ACO du Musée des 24 Heures du Mans France