These General Terms and Conditions, hereinafter referred to as “GTC” are agreed between the Automobile Club de l’Ouest (hereinafter referred to as “the ACO”), non-profit organization (created under the conditions of the French law of 1901) registered under the French SIRET number 775 652 316 on the one hand, and any non professional natural person who has placed an order for one or several product(s) on the ACO’s online store on the other hand (hereinafter referred to as “the Costumer”).
Article 1: Purpose
The purpose of the GTC is to et out the contractual relationship between the ACO and the Customer, as well as the terms and conditions applicable to any purchase of a product (hereinafter referred to as the 'Product') made through the ACO's online store, at https://boutique.lemans.org.
The purchase of a Product on the website : https://boutique.lemans.org implies complete acceptance by the Customer of these GTC, which they acknowledge having read prior to placing an order.
The Customer declares to be legally capable of concluding purchase contracts involving the Products offered by the ACO.
The ACO reserves the right to modify the GTC at any time, in order to comply with any new regulation, to improve the use of its website https://boutique.lemans.org, or for any personal reasons. Consequently, the conditions applicable will be those in effect on the day of the Customer's purchase.
Article 2: Products
The Products offered by the ACO are those available on the ACO’s website : https://boutique.lemans.org.
In accordance with the legislation on Extended Producer Responsibility and article R.541-173 of the French Environment Code, the ACO possesses a unique identifier for the textile Products it markets : IDU TLC (textile) : FR440127_11XUJD.
The ACO reserves the right to modify the range of Products available at its convenience. Each Product is presented on the website with a description of its main technical characteristics (capacity, normal use, composition, etc.).
The information provided on each product information sheet, as well as the photos, videos and animations are provided for guidance purposes only.
In the event of a mistake on a product information sheet, the ACO will not be liable. The ACO undertakes to make every effort to correct any reported error or omission as promptly as possible.
The ACO will not be liable for any error regarding the availability of a Product indicated on the online store, with availability information provided for guidance purposes only.
Despite the ACO’s efforts to maintain full inventory, an item may become unavailable between order placement and shipping. In this case, the Customer's order will be cancelled. The Customer will be informed by email in the shortest time possible. The ACO will refund the amount paid by the Customer no later than 14 days after the date of the cancellation of the order.
Article 3: Prices
The prices of the Products are expressed in euros, all tax included. The prices take into account the VAT on the day of the order, and exclude eco-participation and preparation and shipping costs. The ACO reserves the right to modify prices at any time. However, the Customer will always be charged the price displayed on the day the order is confirmed.
The shipping and delivery fees will be added automatically to each order, in accordance with the different carrier service providers.
Any change in the applicable VAT rate may result in an adjustment of Product prices.
Article 4: Sales - Promotional offers - Promotional codes
The sales offered by the ACO are valid during the two legally established French sales periods and apply only to the items indicated on the website.
Promotional offers are valid throughout the year, for example during “Black Friday”, the “French Days” or the “Crazy Days”.
Promotional codes may apply to the total amount of the order or to a specific Product within the order, excluding shipping fees. They cannot be combined with other promotions or sales and are not exchangeable for their monetary value. Promotional codes are personal, non-transferable, and may be used only once by the Customer at the time of checkout.
The validity period and terms of use for each promotional code are specified in the document provided to the Customer (sent by email).
To benefit from a promotional discount, the Customer must enter the code in the designated field when placing the order. If omitted, the ACO will not be able to cancel or modify the order to apply the promotion.
Any fraudulent or improper use of a promotional code will render it null and void.
Article 5: Order
The Customer can place an order on the ACO’s online store website.
After clicking on the desired Product, the Customer must click on “Add to cart” (or on the associated symbol) to confirm the adding of the Product to the order.
A new window will open and the Customer will have two options : either click on “Continue shopping”, or click on “Proceed to checkout”.
If the Customer clicks on “Proceed to checkout”, a summary of the order will be provided and they must click on “Proceed to checkout” again to continue.
A new window will open for the Customer to create or log into a customer account.
Once logged into their account, the Customer must provide a delivery address and select a delivery method. They will then proceed to the payment stage, where they will select their preferred method of payment.
They must tick the box “I agree to the terms of service and will adhere to them unconditionally”.
Without ticking the box, the Customer is not able to proceed to the payment.
Ultimately, upon clicking on 'Pay Now', the order confirmation page will be displayed, and a confirmation email will be sent to the customer.
A Customer ordering to a country other than Metropolitan France is deemed importer of said Product(s). Customs duties or other local taxes, import duties or state taxes may be payable. These fees and amounts are not the ACO's responsibility. They shall be borne by the Customer, who is solely responsible for both their declaration and payment to the competent authorities and/or organizations in their country.
The ACO will make every effort to process all orders, but reserves the right to refuse an order from a Customer with whom there is an ongoing dispute.
Article 6: Payment/Invoicing
○ Payment
No other currency besides the euro is accepted on the online store. The Customer must pay the entire amount of the order to be able to place it.
Payment in four (4) installments, free of charge, is available for purchases of a minimum of 30 euros via PayPal. Payment in three (3) installments, free of charge, is available for purchases of a minimum of 50 euros with the ACO’s collaborator.
Payment is made using a card when the order is placed. Only Visa, Eurocard, MasterCard and American Express are accepted by the ACO. The Customer guarantees that they are fully authorized to use the card and that it provides sufficient funds to cover all costs associated with the order. The Customer's bank account will be debited upon confirmation of the order by the ACO.
The ACO’s online store is equipped with one of the most advanced security systems available. To further safeguard online payments, the ACO has not only adopted the SSL (Secure Socket Layer) encryption process, but also uses a digital certificate, enhancing the encryption process to protect sensitive payment data as securely as possible.
○ Prevention against credit card or debit card fraud
The ACO reserves the right to verify any personal data provided by the Customer and to adopt any measure deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the order, in order to avoid any fraudulent payment. This verification may take the form of a request for identity and/or address verification and/or bank documents (RIB). If the Customer fails to respond to such a request within five (5) days of the request being made by the ACO, the order will automatically be cancelled, without any possibility of subsequent complaint.
The ACO reserves the right to cancel any order that displays one or more risks of card fraud.
○ Invoicing
An invoice is created for every order placed.
The invoice is sent to the Customer on the email address provided on the Customer account used to place the order.
The Customer can also download the electronic version (Adobe Acrobat) of the invoice in the “My account” section of the online store website.
In the event of an invoice dispute, either before or after delivery of the order, the ACO reserves the right to suspend the Customer account until the dispute has been settled, and to suspend the preparation of any orders in progress, even if these have not been the subject of any dispute as such.
Article 7: Delivery
Orders are shipped from Monday through Friday, excluding week-ends and public holidays to the shipping address specified on the order form. The ACO delivers anywhere in Metropolitan France (including Monaco and Corsica), in the French Overseas Departments and Regions (DROM) and Overseas Collectivities (COM), and worldwide (subject to carrier services availability).
A delivery note summarizing the Products included in the package is automatically attached to the items. It is also accessible in the 'My Orders' section of the Customer’s online store account. The Customer is informed of the delivery by an email including the name of the carrier service provider, the package number and a link to the carrier’s tracking system.
○ Delivery via Colissimo (French postal service) in the possible transport conditions for La Poste.
For an address in Metropolitan France : Letterbox delivery of the package to the address provided by the Customer, within two (2) to five (5) days (with or without signature upon delivery), or to a pick-up point selected by the Customer, requiring a signature and/or Code/QR Code (sent by Colissimo), generally within two (2) to five (5) business days.
For an address in the French Overseas Departments and Regions (DROM) and Overseas Collectivities (COM) : Letterbox delivery of the package to the address provided by the Customer, generally within five (5) to even (7) business days.
For an address in Europe or worldwide (excluding DROM COM) : Letterbox delivery of the package to the address provided by the Customer, or to a pick-up point selected by the Customer, requiring a signature and/or Code/QR Code (sent by Colissimo), generally within three (3) to five (5) business days.
Delivery times are provided for informational purposes only and do not constitute a commitment. As such, they are not guaranteed. Any delay in delivery shall not entitle the Customer to compensation, regardless of the cause or nature, including in the case of proof of loss.
If letterbox delivery fails, La Poste reserves the right to make several delivery attempts to the address provided by the Customer. In that case, the package is susceptible to be delivered to any person present at this address, including a janitor or concierge, as long as they agree to take the delivery.
If delivery fails, the package will be held by La Poste, at a location set out on the delivery notice. For a delivery in France, the package is generally held between 5 to 15 consecutive days, from the day following the day on which the notice is left, but this period can be extended exceptionally by La Poste. For international shipments, This period varies from 5 to 15 days, depending on the pick-up point selected by the Customer. This period begins on the day following the last attempt at delivery to the address initially provided by the Customer.
After this period, the package is automatically returned to the ACO, which reserves the right to invoice the Customer once more in the event of a new delivery, for the costs of transport. When the package is returned, the ACO will send an email to the Customer, offering a new delivery.
○ Delivery by DHL (under the possible transport conditions for the carrier service provider)
For an address in Metropolitan France : Letterbox delivery of the package to the address provided by the Customer, with signature upon delivery, generally within one (1) to three (3) business days.
For an address in the French Overseas Departments and Regions (DROM) and Overseas Collectivities (COM) : Letterbox delivery of the package to the address provided by the Customer with signature upon delivery, generally within five (5) to seven (7) business days.
For an address in Europe or worldwide (excluding DROM COM) : Letterbox delivery of the package to the address provided by the Customer, with signature upon delivery, generally within one (1) to fifteen (15) business days.
Delivery times are provided for informational purposes only and do not constitute a commitment. As such, they are not guaranteed. Any delay in delivery shall not entitle the Customer to compensation, regardless of the cause or nature, including in the case of proof of loss.
Delivery is considered complete when the Customer has been handed the package by the delivery person, as recorded on the carrier’s control system.
If letterbox delivery fails, the carrier reserves the right to make several delivery attempts to the address provided by the Customer. In that case, the package is susceptible to be delivered to any person present at this address, including a janitor or concierge, as long as they agree to take the delivery.
If delivery fails, the package is automatically returned to the ACO, which reserves the right to invoice the Customer once more in the event of a new delivery, for the costs of transport. When the package is returned, the ACO will send an email to the Customer, offering a new delivery.
○ Delivery by GEODIS in Europe and Metropolitan France (for packages or parcels of size and weight non-transportable for the ACO’s other carriers.)
Letterbox delivery of the package to the address provided by the Customer, with signature upon delivery, generally within two (2) to eight (8) business days.
Delivery times are provided for informational purposes only and do not constitute a commitment. As such, they are not guaranteed. Any delay in delivery shall not entitle the Customer to compensation, regardless of the cause or nature, including in the case of proof of loss.
If letterbox delivery fails because of the absence of the Customer or any person capable of signing for the package at the shipping address, the package will be held by the carrier at a location set out on the delivery notice.
The package is generally held between 5 to 15 consecutive days, from the day following the day on which the notice is left, but this period can be extended exceptionally by the carrier. After this period, the package is automatically returned to the ACO under the carrier’s conditions.
The ACO reserves the right to invoice the Customer once more in the event of a new delivery, for the costs of transport. When the package is returned, the ACO will send an email to the Customer, offering a new delivery.
Delivery is considered complete when the Customer has been handed the package by the delivery person, as recorded on the carrier’s control system.
Article 8: Evidence
Only the data collected by the ACO and the carrier service providers it uses for package delivery to Customers will serve as evidence of any transaction between the ACO and the Customer. The ACO automatically confirms orders placed on the online store based on this data.
Article 9: Transfer of the risk and of property
The transfer of risk occurs upon delivery of the Product, however, Products remain the property of the ACO until full payment of the price and any associated fees for the order is received.
Article 10: Liability
○ Lost package
If, seven business days after shipping, the Customer does not hear from their package, they must inform the ACO, which will open an investigation with the carrier service providers. If the package is definitively declared lost (generally within three (3) weeks), the ACO informs the Customer and immediately proceeds to the shipping of a new order, subject to stock availability.
○ Discrepancies
The Customer must verify the conformity of the Products upon delivery and note any claim or complaint they consider justified directly on the delivery document. The Customer may also refuse the package and provide a justification for the refusal on the delivery document if the package appears to have been opened or shows visible signs of damage. Claims and complaints must be confirmed by email within three (3) days after delivery, to the address : boutique@lemans.org.
Aside from the legal guarantee of conformity of article 11 of these GTC, if the Products delivered present discrepancies as to their nature or quality (damaged or missing products, etc.), the Customer must form a formal complaint (by email at boutique@lemans.org) within 14 days after delivery, or forfeit the claims.
Photographies of the Product(s) in question shall be joined to the claim.
The Customer will receive an acknowledgment of receipt for the claim by email, accompanied with a label to print for returning the items.
In the case of a missing Product, upon receipt of the claim, the ACO will send a new Product, free of charge, subject to availability. If the Product is unavailable, the ACO will refund the Customer the price paid for the missing Product. For a damaged Product claim, upon return of the Product by the Customer and inspection of the returned Product, if the damage is confirmed, the ACO will send a new Product, free of charge, subject to availability. If the Product is unavailable, the ACO will refund the Customer the price paid for the damaged Product. No other expenses or compensation will be provided.
○ Limitation of liability
The ACO will not be liable for damages of any nature resulting from a malfunction or a misuse of the Products. The ACO will not be liable for any modifications to the Products made by the manufacturer. The ACO will not be liable of any consequential damages to a Customer or a third party, any operating loss, loss of profit or loss of revenue, regardless of the cause, and despite the potential fact that such damages or losses or prejudice were foreseeable by the ACO or that their possibility had been brought to its attention.
The ACO will not be liable for the non-execution of the contract in the event of a stock shortage or stockout, of a disruption or total or partial strike, especially of postal services and transport and/or communication services, as well as in the event of a force majeure, flood or fire.
The ACO will not be liable for any damage resulting from the use of the Internet, such as data loss, unauthorized access, viruses, service interruptions or other unforeseen problems.
Article 11: Legal Guarantees
In the event of a lack of conformity of the Products in the sense of articles L.217-4 and following of the French Consumer Code (code de la consommation) or in case of hidden defect of the Products in the sense of articles 1641 and following of the French Civil Code (code civil), the Customer must immediately alert the ACO, by any written means.
The legal guarantees apply to the Customer in the following conditions :
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Under the legal guarantee of conformity : - The Customer is granted a delay of two years following the delivery of the Product to take action. - The Customer can choose between the reparation or the replacement of the item, subject to conditions regarding the costs, provided for in article L217-9 of the French Consumer Code. - The Customer does not have to prove the existence of a lack of conformity during the two-year period. The legal guarantee of conformity applies independently from any commercial warranty. Under the legal guarantee of hidden defects : - The Customer can choose between cancellation of the sale or a reduction of the price (article 1644 of the French Civil Code). - The Customer must prove the existence of a hidden defect in the two years after discovery. |
The legal guarantees are not applicable on defects or deterioration of the Products caused by external events, by negligence, poor maintenance, accidents, wear and tear, or misuse (used not in accordance with the label or instructions).
Article 12: Withdrawal - Returns - Refunds
According to article L.221-18 of the French Consumer Code, the Customer can withdraw from the purchase within 14 days upon reception or delivery of the Products. The Customer must inform the ACO of their decision to withdraw by sending a withdrawal form to the address which appears at the top of these GTC (ACO’s head office). The model for the form is appended to the GTC, and must be completed and signed. The Customer can also state their intention to withdraw by any other unambiguous statement.
The Customer may choose between a refund of the purchase and store credit.
Online exchange is not possible.
The Customer has a period of fourteen (14) days from the date of submitting their withdrawal decision to return the Product(s) at their own expense and risk (the use of 'cash on delivery' will not be accepted). After this period, the ACO reserves the right to refuse the return. Products must be returned in perfect resalable condition, properly protected in their original packaging, and accompanied by all accessories, instructions, and documentation. Upon receipt of the Products, the ACO has fourteen (14) days to inspect them, validate the procedure, and process the refund.
If the right of withdrawal is exercised before the Products are delivered to the Customer but after they have been shipped by the ACO, the return shipping costs will be covered by the ACO for France and Europe only.
The Customer will then need to contact their bank to review, confirm and validate the refund, as the ACO has no further control over the process once the payment order has been sent to its own bank.
Products excluded from the right of withdrawal
According to article L.221-28 of the Consumer Code, there is no right of withdrawal for contracts involving certain Products, including :
- items created according to the specificities of the Customer or distinctly personalised.
- items subject to rapid deterioration or expiration.
- items that have been opened by the consumer after the delivery and that can not be returned for hygiene or health protection reasons.
- items that have been mixed with other items after the delivery and that are indivisible.
- newspapers or magazines, except for subscription contracts.
- audio or video recordings, or software programs, if they have been opened after the delivery.
Such software remains the exclusive property of the manufacturer and/or license provider. Therefore, no transfer of ownership of the software occurs. Only a license to use the software is granted. The user is prohibited from sublicensing, transferring, giving away, lending, selling, or reproducing the software. The ACO, acting solely as an intermediary, is not liable for the content of CDs, DVDs, or software programs created by various publishers. The Customer is responsible for taking all necessary precautions to protect their data, software, and computers from viruses that may circulate freely on the Internet or be embedded in software sold by the ACO, which shall not be liable for any damage caused by computer viruses.
Article 13: Divisibility of the clauses
In the event that any provision of these GTC is judged illegal or unenforceable by a court of law, the other provisions will remain enforceable. Therefore, the nullity, absence of binding force or unenforceability of one of the provisions of the GTC does not entail the nullity, absence of binding force or unenforceability of the other provisions, which shall remain binding in full. In all cases, no derogation to the GTC will be permitted without the prior express agreement of the ACO.
Article 14: Provision Titles
The titles of the articles of these GTC are established for purely convenient reasons. They shall not be used to interpret, limit or modify the GTC in any way.
Article 15: Intellectual Property
All elements of the website : https://boutique.lemans.org are the exclusive property of the ACO. No one is authorized to reproduce, exploit, or use any elements of the website, including photos, logos, visuals or texts, in whole or in part, for any purpose whatsoever.
Article 16: Personal Data Protection
The ACO is committed to protecting the confidentiality of the Customer’s personal data and processes them in accordance with the law.
Every Customer benefits from a right to access, modify and limit the processing of their personal data, as well as a right to data portability and a right to be forgotten. Any claim must be submitted to the ACO, accompanied with a copy of the Customer’s ID (front and back) to the following address : Automobile Club de l’Ouest – Circuit des 24 Heures du Mans – CS 21928 – 72 019 LE MANS CEDEX 2, ou dpo@lemans.org.
To get more information on how the ACO collects, processes, uses and preserves the Customer’s personal data, the latter can look at the Personal Data Protection Policy of the ACO on its website https://boutique.lemans.org.
Article 17: Applicable Law – Jurisdiction
The GTC, written in the French language, are interpreted by and executed under French law.
In accordance with French law, the Customer has the right to seek mediation for any consumer disputes arising from a purchase made on the ACO’s online store. As per mediation regulations, any consumer dispute must first be brought to the ACO's attention at juridique@lemans.org before initiating mediation.
In the absence of an amicable settlement, only the courts of Le Mans will have jurisdiction, regardless of the place of delivery or payment method.
Appendix
WITHDRAWAL FORM
To be submitted to AUTOMOBILE CLUB DE L’OUEST, Boutique ACO du Musée des 24 Heures du Mans, 9 Place Luigi Chinetti 72100 LE MANS, email address : boutique@lemans.org.
I hereby notify you of my withdrawal from the contract regarding the purchase of the Products listed below :
Order number :
Products ordered :
Date of the order :
Date of delivery or collection of the order :
Name of the Costumer :
Address of the Costumer :
Date :
Signature of the Costumer (only in the case of submitting this form in paper format) :