General Terms and Conditions of Sales
Applicable from 09 February 2021
These General Terms and Conditions of Sale (“GTC”) are concluded by and between, on the one hand, ORECA SAS, with a share capital of 3 694 240 euros, registered with the Registre du Commerce et des Sociétés of Toulon (France) under number 302 045 794, whose registered office is at Parc d’activités du Plateau de Signes, 83870 Signes, (“ORECA”), and on the other hand, any natural or legal person making a purchase via its websites (“Websites”) en.oreca-store.com (“Website OS”) and pro.oreca.com or by any other means (“Buyer”).
The Buyer declares to be of legal age or hold parental permission, and to have the legal capacity to enter into contracts, allowing him or her to place an order on the Websites or by any other available means.
For any questions regarding an online or in-store purchase, the ORECA Customer Relations Centre (“Customer Service”) can be reached:
- At +33 (0)4 94 88 57 94 from 9:00 AM to 6:30 PM, Monday through Friday and, from 9:00 AM to 12:00 PM and 2:00 PM to 6:00 PM, with the exception of public holidays,
- From the “My account” section available on the Websites,
- In writing by email to commercial_OS@oreca.fr,
- By mail: ORECA Store - BP 706 - 83030 Toulon Cedex 09.
The parties agree that their relationship will be governed exclusively by these GTC which are available on the Websites. These GTC are subject to change. Therefore, the GTC’s applicable are those in force on the Websites on the purchase date.
1.1 The order validation implies acceptance without restriction or condition of these GTC.
1.2 The purchase is complete once the order is received by our services. The Buyer receives an acknowledgement of receipt as confirmation of the order which will be sent by email.
1.3 Pursuant to article L. 122-1 of the French Consumer Code, ORECA may refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, including without limitation, in case of a claim or dispute with the Buyer regarding the payment of a previous order.
2.1 The sales prices of the products are the prices indicated on the Websites on the purchase date.
2.2 The prices indicated on the Websites or on the commercial material are quoted Ex-works and are subject to change without prior notice. ORECA shall not be held liable for such change.
2.3 Prices are expressed in euros tax included (“VAT”), excluding shipping costs. ORECA reserves the right to modify them in case of a change in the VAT rate, an error in relation to the price, the product or the discount.
III. PRODUCTS MODIFICATIONS
3.1 The visuals, technical specifications and photos displayed in our commercial documentation and Websites are not binding and are given for illustrative purposes only. They are subject to change without prior notice.
3.2 The deletion or modification made by ORECA’s suppliers to products ordered by the Buyer allows ORECA to cancel the order placed by a Buyer without the Buyer’s consent, unless such Buyer agrees to modify the order.
4.1 Upon arrival at the place of destination, it is the Buyer's responsibility to check the condition of the products 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 the products are not damaged. In the event of a defect (such as damaged packaging, or missing, damaged or broken products), the Buyer shall:
- accurately note on the package's delivery receipt the state of the package ;
- co-sign the reserves expressed on the receipt with the carrier; and
- notify the event to ORECA by any means within a period of 3 (three) calendar days.
4.2 ORECA draws the Buyer’s attention to the fact that products intended to adapt vehicles for competition may have such characteristics so that the use of such vehicles may:
- be prohibited on roads open to public traffic,
- invalid manufacturer’s original warranty of the vehicle on which such items are fitted, and
- invalid insurance 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.
Furthermore, all products sold by ORECA are intended for motorsport practice and competition, and as such are not subject to any specific contractual guarantee because of their specific conditions of use.
4.3 In consideration of the technical nature of the products sold by ORECA, we strongly recommend to ask for automotive mechanic professional in order to ensure they are fitted according to the state of the art and, where necessary, in compliance with current technical and sport regulations.
V. DELIVERY TIME
5.1 The Buyer selects one of the delivery modes proposed on the Websites in the course of the ordering process. The Buyer shall be the sole responsible in case of a failure to deliver due to an error in the address of delivery.
5.2 ORECA commits, in accordance with applicable regulations, to deliver the products within 4 (four) months from the date of order, subject to due completion by our provider of the ordered products by our supplier. The Buyer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days.
5.3 If case delivery time exceeds 4 (four) months, the Buyer may request the cancellation of the order and claim reimbursement by contacting and sending an unambiguous statement to the Customer Service.
5.4 Delivery costs depend on the amount of the order and the delivery mode chosen by the Buyer. Delivery costs are indicated to the Buyer before the order confirmation.
6.1 Pursuant article L. 221-18 of the French Consumer Code, any Buyer acting as a consumer, as defined under such Code (“Consumer”), in a distance or off premises contract, shall have a period of 14 (fourteen) calendar days from the date of delivery of the ordered products to exercise his or her withdrawal right and return the products in their original condition to ORECA. The Buyer shall send a unequivocal notification to Customer Service. Return fees shall be borne by the Buyer.
6.2 The Buyer may within 14 (fourteen) days return any ordered products in their original condition to ORECA for an exchange or refund on the condition that the returned product is in good condition, not damaged and remains in its original packaging by performing a return request in the "My account" section on the Site. However, ORECA may increase this period to 30 (thirty) calendar days from delivery date. Beyond this period, no products shall be refunded.
6.3 On a commercial basis, ORECA may bear the return shipping costs for any products returned from Metropolitan France and Corsica and not exceeding 30 (thirty) kilos, to the exclusion of oversized and/or out of gauge products.
6.4 Nonetheless, products which are not in stock and are the result of a specific order and/or are custom made cannot be returned.
6.5 The Buyer must obtain a return merchandise authorization number from Customer Service before returning any product. 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 unfortunately cannot accept products that are returned without a return merchandise authorization number. These products will not be reimbursed and will be available for pick up from our warehouse.
6.6 If the product is not returned in its original condition with its packaging, ORECA reserves the right to retain a minimum of 20% of the price of said products for storage, packing or/and reconditioning.
7.1 ORECA ensures legal warranty against hidden defects under the conditions established under article 1641 and al. of the French Civil Code and warranty of conformity under the conditions established by the article L217-4 and al. of the French Consumer Code.
7.2 The Buyer has a period of 2 (two) years from the date of discovery of the hidden defect to commence legal proceedings on such ground in order to obtain the cancellation of the order or a purchase price reduction.
7.3 The Consumer has a period of 2 (two) years from the date where the product is issued, to commence legal proceedings on the grounds of product conformity guarantee. The Consumer may request either the repair or the replacement of the product subject to the cost conditions established in article L217-9 of the French Consumer Code.
7.4 In order to benefit these guarantees, the Buyer shall contact and send an unambiguous statement about his/her will to cancel the order Customer Service.
VIII. PAYMENTS AND DUE DATES
8.1 Available products sold by ORECA are payable in cash at the time of the order The Buyer receives without delay a payment confirmation by email.
8.2 Means of payment accepted are credit card, PayPal and “E-Carte Cadeau”.
8.3 For Consumers, domiciled in Metropolitan France, Corsica or DOM (overseas department), the order payment may be made in 3 (three) or 4 (four) instalments without with our partner ONEY under the conditions listed on the Websites OS.
Only French Bank Cards covering the duration of the financing (excluding Maestro, Electro and American Express) are accepted.
8.4 Orders are shipped once payment is cleared.
8.5 Any amount paid by the Buyer at the time of order shall be considered by the parties as a deposit.
8.6 In the hypothetical situation where the company would exceptionally grant specific payment terms to the Buyer, the products should be subject to repossession until full payment of the price, costs and accessories. In the event of non-payment by one of the agreed deadlines, ORECA may apply the resolutive condition. This resolutive condition does not affect the transfer of the risks to the Buyer's.
8.7 In case of late payment, the Buyer shall be charged interests calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 (ten) percentage points as well as a lump sum per invoice for recovery costs of 40 euros.
8.8 In the event of non-payment, ORECA shall be entitled to request the Buyer to pay damages in the amount of 15% of the total amount included taxes of the debt, with a minimum amount of 300 (three hundred) euros per debt regardless of the amount of the actual loss suffered.
8.9 Special terms and conditions of payment agreed between the parties, shall become null and void in the event of a delay in payment, may it be partial.
8.10 In order to secure the Buyer’s 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 Buyer’s order. Any delay in sending the requested supporting documents or the wire transfer receipt to ORECA may delay the transportation and delivery of the ordered items.
IX. RETENTION OF PROPERTY CLAUSE
Under French Law n°80.335 dated 12 May 1980, ORECA reserves title to the goods and products until full payment of its price and accessories. In the event of failure to pay all or part of the price on the due date for any reason whatsoever, ORECA reserves the right, without prior formalities, to materially recover possession of these products or goods at the Buyer’s expense and risk.
X. INTELLECTUAL PROPERTY
All trademarks, figurative or not, and more generally any and all trademarks, illustrations, images and logotypes appearing on the products, their accessories and packaging, whether registered or not shall remain the exclusive property of the ORECA. Any reproduction, modification or use of the trademarks, illustrations, images and logotypes, in whole or in part, in any form or on any medium whatsoever, without the prior written consent of the ORECA is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logotype and more generally any distinctive mark intended to form a logo composite as well as any copyright, design, model and patent which are the property of ORECA.
XI. PERSONAL DATA
As personal data controller, ORECA can collect personal data. In accordance with the French Freedom and Information Law of 6 January 1978 and the EU Regulation n°2016/679, the Buyer shall have a right to access, rectify and oppose his or her personal data. To exercise this right, the Buyer shall send a written request stating his/her name and address to the Customer Service.
ORECA invites you to refer to the Charter of persona data protection available on the Websites.
XII. ACT OF GOD AND FORCE MAJEURE
12.1 ORECA’s obligations shall be suspended in the event of an Act of God or Force Majeure event, such as defined under French Law and caselaw, which would impede or delay the performance thereof. In this case, ORECA shall not be held liable and the Buyer shall not be entitled to any damages whatsoever.
12.2 ORECA shall promptly inform the Buyer of the existence of an Act of God or Force Majeure event.
12.3 If ORECA’s obligations are suspended for more than 4 (four) consecutive months, the Buyer shall have the possibility to cancel the order and ORECA shall reimburse such order.
XIII. GOVERNING LAW AND COMPETENT JURISDICTION
13.1 Any dispute relating to or arising out of these General Terms and Conditions of Sale shall be submitted to French law to the exclusion of any conflict of laws rules and the 1980 Vienna Convention on International Sales of Goods.
13.2 Any claim arising out between ORECA and a Buyer who, in compliance with the definition given by the preliminary article of the French Consumer Code, acts as a professional, shall be submitted to the commercial courts of Toulon (France).
13.3 In accordance with article L. 211-3 and L616-1 of the French Consumer Code, for any claim failing amicable agreement and after having sent a written complaint to ORECA, any Buyer acting as a consumer such as defined under the French Consumer Code, may take part in consumer mediation proceedings. An up-to-date list of mediators will be provided by Customer Service.
13.4 The European Commission set up a dispute resolution platform in order to record claims from European consumers related to a purchase online and send them to the competent national mediators. This platform is available on this weblink.
13.5 In case of discrepancy between the French and the English versions of the GTC, the French version shall prevail.
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.