Applicable as of October the 1st, 2018.
These General Terms of Sale are concluded by one party, the ORECA company, with a capital of 2,091,320 euros, whose registered office is at Parc d’activités de Signes, Avenue de Rome - BP 706 - 83870 Signes, registered at the Registre du Commerce et des Sociétés de Toulon under the number 302 045 794, hereinafter referred to as ORECA. The Terms are agreed by the other party, any natural or legal person making a purchase via its website (www.oreca-store.com) or by any other means, hereinafter referred to as 'the Buyer.
The Buyer declares to have reached the age of majority or to have received parental permission and the legal capacity to make a contract, allowing him or her to place an order on Oreca - store.com.
The visuals presented on Oreca - store.com are not contractual. The visuals are presented for information purposes only.
For any questions regarding an online or in-store purchase, the Oreca Store customer relations centre can be reached at:
- Au 04 94 88 57 94 from 9:00 AM to 6:00 PM, Monday through Friday, excluding holidays.
The parties agree that their relationship will be governed exclusively by these General Terms of Sale, which are available on the www.oreca-store.com website.
These conditions may be subject to changes. Therefore, it is understood that the applicable conditions are those in force on the website in the purchase date.
1.1 The sale is complete when our services receive the order.
2.1 Our prices correspond to the rate in effect on the day of the sale.
2.2 The prices indicated on our rates and catalogs are established by the factory. They are subject to change without notice.
2.3 Prices are expressed in euros (tax included). ORECA STORE reserves the right to modify them in case of a change in the VAT rate, and in the case of obvious errors in the price, the product, or the delivery.
III. PRODUCT MODIFICATIONS
3.1 The technical specifications and photo documentation are given for informational purposes and are subject to any changes without prior notice.
3.2 Deletion or modification of ordered items by the Oreca company's suppliers authorizes Oreca to cancel the order without the customer's agreement.
4.1 Sold items travel at the Buyer's expense and risk, except for possible recourse against the carrier. The Oreca company may in no case be held responsible for a dispute concerning the delivery of goods.
4.2 Items are deemed approved and authorized upon departure from our stores. Upon arrival at the destination, it is the customer's responsibility to recognize the condition or items before taking possession of them.
We strongly recommend checking the condition of the goods in the presence of the carrier, in order to ensure that there is no damage to the items. In the event of an abnormality (such as damaged packaging, or products that are missing, damaged or broken), the buyer:
- must accurately describe on the package's delivery receipt the reason for refusal.
-must co-sign the receipt with the carrier
- and will have a period of 3 days to notify Oreca-Store by any method.
4.3 The ORECA company draws its customers' attention to the fact that items intended for vehicle adaptation for competition may exhibit characteristics such that their circulation may be prohibited on roads open to public traffic, invalid manufacturers guarantees and invalid insurance policies guarantees insofar as they modify the characteristics of such vehicles described in the protocol report issued by the Service des Mines: noise, pollution, maximum speed, tyre dimensions, etc. On the other hand, all these products sold by ORECA being intended for motorsport practice and competition, they are not subject to any specific contractual guarantee because their particular use could void the manufacturer's original warranty of the vehicle on which they are fitted.
4.4 In consideration of technicality of products sold by ORECA, we strongly recommend to ask for professional automotive mechanic services in order to ensure they are fitted in compliance with secundum artem and, where necessary, in compliance with current technical and sport regulations.
V. DELIVERY TIME
5.1 The ORECA company commits, in accordance with regulations in force, to deliver items in less than 4 months from the date of order, subject to the successful order completion by our provider.
6.1 Regarding article L. 221-18 of consumer code, our customers have a period of fourteen calendar days from order delivery to return items in their original condition to ORECA, for an exchange or refund, without penalty except return expenses which remain the customer's responsibility. However, ORECA increases this day to thirty calendar days from order delivery. Beyond this period, no item will be returned, exchanged, or refunded. No returns will be accepted in the case of specific orders for unstocked items, special orders and/or made-on-measure products.
6.2 Customers must obtain a return merchandise authorization number from our customer service department before returning any items. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. Oreca-Store unfortunately cannot accept items that are returned without a return merchandise authorization number. These items will not be reimbursed and will be available for pick up from our warehouse.
6.3 If the item is not returned in its original condition with its packaging, we reserve the right to retain a minimum of 20% of the price of said item for storage, packing, or reconditioning.
7.1 The ORECA company guarantees against hidden defects in the legal terms. The buyer has a period of eight days from discovering a hidden defect to notify his or her concerns by registered letter with the acknowledgement of receipt.
VIII. PAYMENTS AND DUE DATES
8.1 Our items and merchandise are payable in cash at the time of the order. For purchases in our shops, our items and available goods in stock are payable in cash at the time they are issued.
8.2 Means of payment accepted are Cash Card, Bank Check, Paypal, Bank Transfer and Cofidis.
8.3 If ordering by correspondence (mail, telephone, internet, etc.), our shipments are made after payment clears.
8.4 Any amount paid by the buyer toward the order is considered a deposit by the parties involved.
8.5 In the hypothetical situation where the company would be exceptionally granted specific payment terms, the items and merchandise are subject to repossession until full payment of the price, costs, and accessories is complete. In the event of non-payment by one of the agreed deadlines, the vendor may apply the cancellation condition. This cancellation condition does not affect the transfer of the Buyer's risks and dangers.
8.6 No discount will be given for cash payment, or payment prior to the scheduled maturity date. In the case of a late payment in relation to the deadline, the customer will be charged interest of 10% per year and a lump sum for recovery costs of 40 euros.
8.7 Penalty clause: in the event of non-payment, we shall be entitled to request the Buyer to pay damages in the amount of 15% of the total amount of the debt, with a flat minimum of 300 € per loan, regardless of the amount of the actual loss suffered.
8.8 Event of default: In the event of particular terms and conditions of payment, those particular terms and conditions will become null and void in the event delay of payment in whole or in part.
8.9 Fighting payment fraud: in order to secure its customers' means of payment, ORECA may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead ORECA to refuse the concerned order. The delay in transmitting requested parts or the transfer receipt to ORECA may delay all the shipping and delivery of the ordered products.
IX. RETENTION OF PROPERTY CLAUSE
Under Act 80.335 from May 12, 1980, we reserve ownership of goods and products, subject to current debits, until payment of the full price and its accessories is complete. In the event of failure to pay for all or part of the price at the maturity date for any cause whatsoever, by express agreement, we reserve the right, without formality, to materially recover possession of these products or goods at your expense and risk. In the event of disputes, the Tribunal de Commerce de TOULON only holds jurisdiction for professional sales.
X. USE OF COMPUTER DATA
In accordance with the Freedom and Information Act of January 6, 1978 and with the EU regulation 2016/679, named General Date Protection Regulation (GDPR), you have a right to access, correct, oppose and delete your personal data.
You may exercise such rights on request accompanied by a credential sent to: ORECA - Parc D’activités de Signes - Avenue de Rome - BP 706 - 83030 Toulon
Cedex 09 or by e-mail at firstname.lastname@example.org
XI. GOVERNING LAW AND CHOICE OF JURISDICTION
11.1 For any claim arising between ORECA and a buyer who, in compliance with the definition given by the preliminary article of the French Consumer Code “Code de la Consommation”, acts as a professional, only Commercial courts of Toulon (France) will be competent. Any claim shall be held in France and only the French version of those GTCS will serve as a reference.
11.2 For any claim and in compliance with the article L211-3 of the French Consumer Code « Code de la Consommation », any buyer acting as a consumer, as this quality is defined by the said French Consumer Code, can, if he wishes, take part into a consumer mediation by appealing to a mediator. For that purpose, ORECA appointed the CNPA (Conseil National des Professions de l’Automobile) mediator who may be reached as it follows :
With the on-line form at www.mediateur-cnpa.fr;
By e-mail at email@example.com;
By post at M. le Médiateur du CNPA – 50 rue Rouget de Lisle – 92158 Suresne Cedex
CONDITIONS SPECIFIC TO PERFORMANCE DRIVING COURSES
CONDITIONS OF PARTICIPATION:
1. Driving experiences are organized by ORECA - Head Office: Parc d’activités, 83870 Signes and occur mainly on the Circuit Paul Ricard HTTT (83).
2. The order is considered closed and final when the ORECA company has received all of the registration fee. Because of safety concerns, ORECA prohibits entry of children under 12 and pets to the Circuit. In the context of GT performance driving courses, ORECA authorizes the entry of two attendants on the track, subject to the purchase of the corresponding pass.
3. ORECA accepts the following payment methods one month before the start of the driving experiences:
- By cheque: paid to the order of ORECA, on condition that the cheque is issued by a bank located in France and in euros.
- By bank transfer.
- By bank card: all French bank cards are accepted, as well as international American Express, Eurocard/Mastercard and Visa cards.
4. The consumer code offers the consumer the right to withdrawal for a period of 14 days when making an online purchase to get a refund or a product exchange. However, Article L.121-20-4 only provides that recreational purchases that must occur on a date or during a determined period do not fall within the scope of this right to withdrawal.
Any request for a date to be postponed must be at least 45 days before the beginning of the driving experience; from that date, any requests for changes will be canceled.
People who had been booked and are not present on the day of the experience will have their experience canceled and no refund will be given. No refund will be given in the case of a customer cancellation.
5. Participants in the driving experience must have reached the age of majority and be in possession of a valid driver's licence for passenger vehicles, except in performance driving initiation courses. For safety reasons, in the event a participant's physical state does not allow participation in the experience (medicines, alcohol, drugs, pregnant women, etc.), ORECA reserves the right to cancel participation in the course. In this case, the persons concerned cannot claim a refund of their registration fee.
6. Registration fees include:
- participant's access to the track
- availability of vehicles
- support personnel
- professional instructors
- safety helmets for initiation courses
- individual trainee accident insurance according to our scales.
7. Vehicle damage
The customer will not be held responsible for damage occurring to vehicles, provided that safety precautions dictated by the instructor are respected. The customer and his or her guests remain responsible for any damage to other facilities made available to them. In the case of a disaster related to a customer's driving misconduct, the portion of the experience not completed as a result of this disaster will not be refunded.
8. Throughout the experience, instructors may convey instructions to participants for whom they are responsible. Any infringement of these rules will receive a warning from the responsible instructor. In case of severe non compliance of driving regulations, the course director is entitled to exclude participants in breach immediately, including further participation. In this case, the persons concerned are not entitled to a refund of their registration fee.
9. ORECA reserves the right to postpone or cancel driving experiences. In this case, registration fees are fully reimbursed to participants excluding any other compensation.
10. Participants in the driving experiences are informed that photos and videos of them may be made by ORECA during the experience. These photos and videos may be used freely by ORECA for advertising, promotional, or commercial purposes, and participants may make no claim with regard to their right to the images.
11. ORECA commits to giving the customer the vehicle corresponding to the driving experience purchased within 4 months after buying the experience. Past this period, the experience will take place using a vehicle at least equal in terms of power and price, and the customer may not claim any compensation.
12. All the clauses set out in the present General Terms of Sale apply to participants in a driving experience and to individually registered individuals. It should be added that any order or any agreement based on a quote with a deposit causes the full membership of a customer. Any cancellation by the customer involves the loss of the down payment and the full payment of the driving experience.
13. The company reserves the right to modify its services and prices at any time without notice and to market promotional offers at any time.
14. ORECA cannot be held responsible if weather conditions do not suit the Buyer. The Organizer is the only decision-maker in deciding whether or not to hold a driving experience according to weather conditions. The customer may not make claim to any compensation if the experience takes place during weather conditions that do not suit him or her.
If ORECA believes that the conditions do not allow driving that satisfies the safety terms, the experience will be cancelled and a replacement date will be offered. In no way will a payment be granted to the Buyer. It is understood that any event that is external, irreversible, unpredictable, or attributed to a case of force majeure, would not cause liability in this regard.