Terms and Conditions

Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are concluded between, on the one hand, the Automobile Club de l'Ouest (hereinafter referred to as the "ACO"), an association governed by the 1901 law, registered under SIRET number 775 652 316, and on the other hand, any non-professional individual placing an order for one or more product(s) on the ACO online store (hereinafter referred to as "the Customer").

Article 1: Purpose

The GTC aim to define the contractual relationship between the ACO and the Customer and the conditions applicable to any product purchase (hereinafter the "Product") made on the ACO online store at the internet address https://boutique.lemans.orgThe acquisition of a Product on the website https://boutique.lemans.org implies an unreserved acceptance by the Customer of the GTC, which the Customer acknowledges having read prior to their order. The Customer declares that they are legally capable of entering into purchase contracts concerning 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 regulations, with the aim of improving the use of its website https://boutique.lemans.org or for any personal reasons. As a result, the applicable conditions will be those in force on the date of the Customer's order.

Article 2: Products

The Products offered are those listed on the ACO website https://boutique.lemans.org. In accordance with the legislation relating to extended producer responsibility and Article R.541-173 of the French Environmental Code, the ACO has a unique identifier for textile products it markets: IDU TLC (textile): FR440127_11XUJD. The ACO reserves the right to modify the assortment of Products at any time. Each Product is presented on the website in the form of a description outlining its main technical characteristics (capacity, use, composition, etc.). The information mentioned on each product sheet, as well as photos, videos, and animations, are provided for informational purposes only. If errors are present, the ACO cannot be held liable. The ACO undertakes to make its best efforts to correct any reported errors or omissions as quickly as possible. The availability indications visible in the ACO online store are given for informational purposes only and cannot be held against the ACO. Despite all the care taken by the ACO in stocking its inventory, an item may become unavailable between the time of order placement and delivery. In this case, the Customer's order will be canceled. The Customer will be informed by email as soon as possible. The ACO will proceed to refund the sums paid by the Customer no later than 14 days following the date on which the order was canceled.

Article 3: Price / Rates

The prices of the Products are indicated in euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order, excluding eco-contribution and excluding participation in preparation and shipping costs. The ACO reserves the right to modify its prices at any time, it being understood, however, that the Products will be invoiced on the basis of the rates in force at the time of order confirmation. For any order, the price of the Product will be increased by the amount of shipping costs charged by La Poste and by the Carrier, if applicable. Any change in the VAT rate may be reflected in the price of the Products.

Article 4: Sales – Promotions – Promotional Codes

All sales offered by the ACO are valid during the two legal sales periods in force and only on marked items. Promotions are valid during different periods of the year, including those known as "Black Friday," "French Days," or "Crazy Days." Promotional codes are applicable to the all-taxes-included amount of the order or one of the Products in the order, excluding shipping costs, and cannot be combined with other promotions or sales. Promotional codes cannot be exchanged for their monetary value. They are personal and non-transferable and can only be used once by the Customer when validating their order. The validity date of each promotional code, as well as their terms of use, are specified on the document provided to the Customer (promotional code sent by email). To benefit from the discount associated with a promotional code, the Customer must imperatively enter it in the dedicated box when placing the order. In case of oversight, the ACO will not be able to cancel the order or renew it to take into account the promotion. Any fraudulent use of a promotional code, or contrary to the spirit of the promotion, will render said code null and void.

Article 5: Order

The Customer can place their order themselves on the ACO online store. After clicking on the desired Product, the Customer must click on the "Add to cart" button (or the associated symbol) to confirm the addition of the Product to their order. A new window will open, and the Customer will have two options: either click "continue shopping" or click "checkout". If the Customer checks the "checkout" box, they will see their order summary displayed and must check "checkout" to continue. A new page opens to create or log into a customer account. Once logged into their account, the Customer will indicate the delivery address for the ordered Product and choose the desired delivery method (home delivery, pick-up points, or Click and Collect). They will then proceed to the payment step with the choice of payment method. If the Customer chooses a delivery method to a pick-up point, they must select a pick-up point from those offered by the ACO. If the Customer chooses a Click and Collect delivery method and the Product is in stock, they must select the store where they wish to collect their order (Four stores: Le Mans, Tours, Rouen, Paris). They must check the box "I have read and unreservedly accept the General Terms and Conditions of Sale". Without having checked them, they will not be able to proceed with payment. Finally, by clicking on the "Pay" button, an order confirmation page will be displayed, and an order confirmation email will be sent to them. In case of an order to a country other than mainland France, the Customer is considered the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the ACO. They will be borne by the Customer and are their sole responsibility, both in terms of declaration and payment to the competent authorities and/or organizations in the Customer's country. The ACO will do its utmost to process all orders but reserves the right to refuse those from a Customer with whom an ongoing dispute exists.

Article 6: Payment / Invoicing

• Payment

The currency of payment is the Euro, to the exclusion of any other currency. The entire payment is due upon order. Payment in four (4) interest-free installments is possible for purchases starting from 30 euros on a PayPal account. From 50 euros, payment in (3) three interest-free installments is possible with the ACO's partner. Payment is made by credit card when placing the order. Only Carte Bleue, Visa, Eurocard, MasterCard, and American Express cards are accepted by the ACO. The Customer guarantees that they are fully authorized to use the credit card and that this credit card provides access to sufficient funds to cover all costs resulting from the order. The Customer's bank account will be debited after the order confirmation sent by the ACO. The ACO online store uses one of the most efficient security systems currently available. To secure online payments, the ACO has not only adopted the SSL (Secure Socket Layer) encryption process but also uses a digital certificate to reinforce all scrambling and encryption processes to protect all sensitive data related to payment methods as effectively as possible.

• Combating credit card fraud

The ACO reserves the right to verify the personal data provided by the Customer and to take all measures 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 proof of identity and/or address and/or banking documents (RIB). The Customer's failure to respond to such a request within five (5) days following the request made by the ACO will automatically result in the cancellation of the order concerned, without any possibility of subsequent claim. The ACO will also be free to proceed with the direct cancellation of an order that presents one or more risk factors of fraudulent credit card use.

• Invoicing

Each invoice is generated upon validation of each order. The invoice is sent to the Customer's email address provided during the creation of their personal Customer account on the online store's website. The Customer can download the electronic version (Adobe Acrobat) of their invoice in the "My Account" area on the online store's website. In the event of an invoice dispute, whether before or after delivery of the corresponding order, the ACO reserves the right to suspend the Customer's account until the disputed situation is regularized and to suspend the preparation of any ongoing orders, even if these have not been the subject of any specific dispute.

Article 7: Delivery

Products are shipped Monday through Friday, excluding weekends and public holidays, to the delivery address indicated by the Customer on the order form. The ACO delivers throughout metropolitan France (including Monaco and Corsica), in the French Overseas Departments and Regions and Overseas Collectivities (DROM COM) as well as worldwide (subject to the availability of the carrier's service). A delivery note summarizing the Products actually present in the package(s) is systematically attached to the Products. It is also available in the "My Orders" area of the Customer's account on the ACO online store. The Customer is informed of the shipment of their order by email, which summarizes the carrier's name, the package number, and a link to its online tracking system.

• Delivery by Colissimo (under transport conditions possible by the carrier)

For an address located in mainland France: Package delivery to the mailbox at the address indicated by the Customer within two to five days (choice of delivery with or without signature), or to a pick-up point with signature and/or Code/QR Code (sent by Colissimo) chosen by the Customer, generally within two (2) to five (5) working days. For an address located in the DROM COM: Package delivery to the mailbox, generally within five (5) to seven (7) working days. For an address located in Europe or worldwide (excluding DROM-COM): Delivery to a mailbox or pick-up point with signature and/or Code/QR Code chosen by the Customer, generally within three (3) to seven (7) working days. The indicative deadlines do not constitute commitments and are therefore not guaranteed. Exceeding such an indicative deadline does not give rise to any compensation, whatever the cause. Delivery is deemed to have been made upon the product being made available to the Customer by the delivery person, as evidenced by the carrier's control system. In case of impossibility of delivery to a mailbox, La Poste may make several attempts and deliver the package to any person present at the address, including the caretaker or concierge. In case of impossibility of delivery, the package is held for 5 to 15 days depending on the pick-up location. After this period, it is automatically returned to the ACO, which may re-invoice the Customer for the costs of a new shipment. The ACO will then contact the Customer for a possible re-shipment.

• Delivery by DHL (under transport conditions possible by the carrier)

For an address located in mainland France: Delivery to a mailbox with signature, generally within one (1) to three (3) working days. For an address located in the DROM COM: Delivery with signature, generally within five (5) to seven (7) working days. For an address located in Europe or worldwide (excluding DROM-COM): Delivery with signature, generally within one (1) to fifteen (15) working days. Indicative deadlines are not guaranteed. No exceeding of these deadlines can give rise to compensation. Delivery is deemed to have been made upon the product being made available to the Customer by the carrier. In case of impossibility of delivery, the package is returned to the ACO, which may re-invoice the costs for a new shipment. An email will be sent to the Customer to confirm the return.

• Delivery by Mondial Relay (under transport conditions possible by the carrier)

For an address located in metropolitan France: Delivery to a pick-up point or locker with signature and/or Code/QR Code (sent by Mondial Relay) generally within two (2) to five (5) working days. For an address located in Europe: Delivery under the same conditions and within the same timeframes as in metropolitan France. Indicative deadlines are not guaranteed and do not give rise to any compensation.

• Delivery by GEODIS in Europe and Metropolitan France (bulky parcels)

Package delivery against signature within a timeframe generally between two (2) and eight (8) working days. The indicative deadlines are not guaranteed and do not authorize any compensation. In the absence of a person able to sign, the package is held for 5 to 15 days. After this period, it is automatically returned to the ACO. The costs of a new shipment may be invoiced to the Customer. Delivery is deemed to have been made upon the product being made available to the Customer by the carrier.

• Click and Collect Delivery

After order confirmation, the Customer receives an email inviting them to pick up the Product at one of the four selected stores. They must present the received QR Code and a form of identification. Any order placed between 8:00 AM and 4:00 PM will be available the same day. After 4:00 PM, the order will be available the next day. Click and Collect is available Monday to Sunday for the Le Mans store, and Tuesday to Saturday for Tours, Rouen, and Paris. The ACO declines all responsibility in case of an unforeseen store closure.

Article 8: Proof

Only the data recorded by the ACO and the carriers to whom the ACO has entrusted the Products for delivery to the Customer constitute proof of all transactions between the ACO and its Customers. The ACO systematically confirms orders placed with it based on this data.

Article 9: Transfer of Risks and Ownership

The transfer of risks occurs upon delivery of the Product, however, the Products remain the property of the ACO until full payment of the price and various costs associated with the processing of the order.

Article 10: Responsibilities

• Lost Package

If, seven (7) working days after the package has been shipped, the Customer has no news of their order, they must notify the ACO, which will open an investigation with the relevant carrier. If the package is definitively declared lost (definitive response generally within three (3) weeks), the ACO will inform the Customer and immediately initiate a new delivery of the order, subject to available stock.

• Non-conformity

It is the Customer's responsibility to check the Products upon arrival and to make all reservations and claims that appear justified directly on the delivery document, or even to refuse the packages and indicate the reason for their refusal on the delivery document, if they are likely to have been opened or if they show obvious signs of deterioration. Said reservations and claims must be confirmed to the ACO within three (3) days following the delivery of the Products by email to the address: boutique@lemans.org. Except in the case of the legal guarantee of conformity provided for in Article 10 of the GTC, if the delivered Products do not conform in nature or quality to the order (damaged products, missing, etc.), the Customer must, under penalty of forfeiture, formulate their claim in writing (by email to the address: boutique@lemans.org) within fourteen (14) days after delivery of the Product(s). The customer must attach one or more photographs of the Product to their claim. The ACO will acknowledge receipt of the Customer's claim by email and will send them a printable return label directly by email. The ACO, after the return of the Product by the Customer and checking the returned Product in the event of a damaged product or after receiving the claim in the event of a missing Product, will proceed to send, at its expense, a new Product, subject to its availability or, in the absence of Product availability, will refund the Customer the price of the missing or damaged Product, excluding any other costs or indemnities of any kind whatsoever.

• Limitation of Liability

The ACO shall not be held liable for damages of any kind, whether material or immaterial, that may result from a malfunction or misuse of the Products sold. The same applies to any modifications to the Products resulting from manufacturers. The ACO shall also not be held liable, towards a Customer or a third party, for any indirect damage, loss of business, profit, or turnover, occurring in any way whatsoever, even if such damage or loss or prejudice was foreseeable by the ACO, or if its possibility had been brought to its attention. The ACO cannot be held responsible for the non-performance of the concluded contract in the event of stockout or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flood, fire. The ACO's liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service interruption, or other involuntary problems.

Article 11: Legal Guarantees

In the event of non-conformity of the Products within the meaning of articles L217-4 and following of the Consumer Code or hidden defects affecting said Products within the meaning of articles 1641 and following of the Civil Code, the Customer must immediately notify the ACO, by all written means, of the alleged defects. The Customer benefits from legal guarantees under the conditions recalled below:

• Under the legal guarantee of conformity, the Customer:
• benefits from a period of two years from the delivery of the goods to act; - can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code; - is exempt from proving the existence of the defect in conformity of the goods during the two-year period. The legal guarantee of conformity applies independently of any commercial guarantee granted.
• Under the guarantee against hidden defects, the Customer:
• can choose between rescission of the sale or a reduction in the sale price (article 1644 of the Civil Code). - must provide proof of the defect within 2 years from the discovery of the defect. Any guarantee is excluded in the event of defects and deterioration resulting from external events, negligence, poor maintenance, accidents, wear and tear, use not in conformity with the label or instructions.

Article 12: Withdrawal – Return – Refund

Pursuant to Article L221-18 of the Consumer Code, the Customer has a period of fourteen days from the receipt or delivery of the Products to exercise their right of withdrawal. They shall inform the ACO of their decision to withdraw by sending to the ACO's registered office (whose address appears at the top of these General Terms and Conditions of Sale) the withdrawal form, a model of which is annexed to these General Terms and Conditions of Sale, completed and signed, or by any other unambiguous statement expressing their wish to withdraw. The Customer will have the option to choose either a refund of their order or a credit note. Online exchange is not possible. The Customer has a period of fourteen (14) days from the sending of their withdrawal decision to return, at their own expense (the use of "cash on delivery" will not be accepted) and risk, the Product(s). Beyond this period, the ACO reserves the right to refuse the parcel. The Products must imperatively be returned in perfect resalable condition, properly protected in their original packaging, accompanied by all possible accessories, instructions for use, and documentation. From the receipt of the Products, the ACO has a period of fourteen (14) days to check them, validate the procedure, and proceed with the refund. If the right of withdrawal is exercised before the Products are delivered to the Customer but after they have been dispatched by the ACO, the return costs are offered to the Customer for France and Europe only. It is the Customer's responsibility to contact their bank to check, confirm, and validate the refund, the ACO having no power over events that occur after the payment order has been placed with its own bank.

• Products not benefiting from the right of withdrawal

In application of the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts relating to certain Products, and notably: - goods manufactured according to the Customer's specifications or clearly personalized; - goods liable to deteriorate or expire rapidly; - goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; - goods that, after being delivered and by their nature, are inextricably mixed with other articles; - newspapers, periodicals or magazines, except for subscription contracts for these publications; - audio or video recordings or computer software when they have been unsealed by the Customer after delivery. Specifically regarding computer software, it is and remains the exclusive property of the manufacturer and its licensor. No transfer of ownership can therefore be made over the software. Only a user license is granted. The user may not, in any form whatsoever, assign, grant, communicate or lend them, for valuable consideration or free of charge, nor reproduce them. The ACO acting as an intermediary, its responsibility cannot be engaged on the content of CD ROMs, DVD ROMs or software developed by the various publishers. The Customer must take all useful measures for the protection of their own data, software and computers against virus contamination that may circulate on the internet or be contained in software sold by the ACO, which cannot be held liable for any damages that may be suffered by the Customer due to computer viruses.

Article 13: Severability of Clauses

In the event that any term of the GTCS is deemed illegal or unenforceable by a court decision, the other provisions shall remain in force. Thus, the nullity, lapsing, lack of binding force or unenforceability of any of the stipulations of the GTCS shall not entail the nullity, lapsing, lack of binding force or unenforceability of the other stipulations, which shall retain their full effect. In all cases, no derogation from the GTCS shall be admitted without the express prior agreement of the ACO.

Article 14: Headings

The headings of the articles contained in these GTCS are for convenience of reference only. They shall not be used to interpret, limit or modify the GTCS.

Article 15: Intellectual Property

All elements of the website https://boutique.lemans.org are and remain the exclusive property of the ACO. No one is authorized to reproduce, exploit, or use, in any capacity whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals, or text.

Article 16: Protection of Personal Data

The ACO undertakes to preserve the confidentiality of the Customer's personal data and to process them in accordance with the legislative and regulatory provisions in force. All Customers have a right of access, rectification, a right to be forgotten, a right to restrict the processing of data concerning them, and a right to portability of their data. Any request must be addressed to the ACO, accompanied by a double-sided copy of proof of identity, at the following address: Automobile Club de l’Ouest – Circuit des 24 Heures du Mans – CS 21928 – 72 019 LE MANS CEDEX 2, or dpo@lemans.org. For more information on how their personal data is collected, processed, used and protected by the ACO, as well as on the rights they have, the Customer can consult the ACO's Personal Data Protection Policy on the website https://boutique.lemans.org

Article 17: Applicable Law - Jurisdiction

The GTCS in French will be executed and interpreted in accordance with French law. In accordance with current French legislation, the Customer has the possibility of resorting to mediation for consumer disputes related to a purchase made from the ACO. In accordance with the provisions relating to mediation, any consumer dispute must first be submitted in writing to the ACO Customer Service (juridique@lemans.org) before any request for mediation. Failing an amicable settlement, the courts of Le Mans shall have sole jurisdiction, regardless of the places of delivery and the payment methods accepted.