TERMS AND CONDITIONS OF SALE
About these Terms and Conditions of Sale
The following terms and conditions of sale (the “Terms of Sale”) apply to your purchase of:
- i) service of registration to the kart race Event (“Service“) and to
- ii) goods (“Goods“),
Services and Goods which are collectively referenced as Products (“Products“) are detailed on the website at https://iwf.iamekarting.com/ (the “Site”).
You will be entitled to place your order on the Site for purchasing Services and/or Goods (“Orders“).
The Site and the Products supplied through it are provided by Victory Concept a company incorporated in French, with headquarters at 43 rue Clément Ader 77230 Dammartin En Goele, VAT Reg. N. FR04381452077,[email protected] , (referred to here as “we”, “us” and “our”). The chief editor of the Site is IAME S.p.A.S.U., Via Lisbona, 15 – 24040 Zingonia di Verdellino (BG), VAT Reg. N. 1254850165. The hosting provider is Unlead di Gabriele Giudici, with headquarters at Via Generale Armando Diaz, 29 20013 Magenta (MI) and telephone number +39 02 4507 6076.
Victory Concept, holder of license No 250989 a FFSA , Karting license, to organize the Event referred above (“Event“).
When we refer to “you” and “your” we mean you, the user of the Site and purchaser of Products.
We reserve the right to change the Terms of Sale at any time. Any changes to the Terms of Sale will be effective for all new Orders placed after the change is published on the Site. You should check the Terms of Sale posted on the Site before each order – they may have changed since your last visit.
These Terms of Sale are provided in French and English versions. The purchase process is clearly provided by the Site in accordance with this Terms of Sale.
Nothing in these Terms of Sale will affect your legal rights. If you have any questions or requests about the Terms of Sale, the Services, or the Goods, or the Site, please contact us by e-mail at [email protected]
PART A – INFORMATION ABOUT THE SITE, THE SERVICE AND THE GOODS
This PART A sets out some important information about the Site and the Products which are offered for sale on the Site.
Information provided on the Site
- We try to make sure that all information on the Site, including descriptions of our Products and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your Order we will make all reasonable efforts to notify you via the contact information you provided to us during your Order and you will have the right to cancel the Order.
- Buying Products over the internet provides a different shopping experience from buying offline and/or in-store. In particular, you should be aware that:
- all Products are subject to availability and we will duly inform you if we will be not able to supply your Order, if this is the case we will supply similar items of same or higher value;
- the colours of Goods as shown on the Site will depend on many factors – including your display settings;
- the actual sizes and shapes of the Goods may differ from how they appear on your screen. Please note that relevant technical information is provided for each item for sale on the Site;
- pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description;
- We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
We have the right at any time to modify or stop providing the Site and to stop selling any or all Products through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
It is recommended that you do not share your registration details. We accept no liability for any losses or damages incurred as a result of your registration details being shared by you. If you use a shared computer, it is recommended that you do not save your registration details in your internet browser.
If you have reason to believe that your registration details have been obtained by another without consent, you should contact us immediately to suspend your registration and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are confirmed. In the event that an unauthorized purchase is confirmed prior to your notifying us of the unauthorized nature of the purchase, we accept no liability or responsibility.
PART B – BUYING PRODUCTS
This PART B sets out the terms that apply to your purchase of Products from the Site.
Placing your Order
- Once you will have registered your personal details with us by completing a registration form, you will access to the purchase area and you can select the Product which you would like. You will also be asked to provide details about your PayPal or bank account, in order to allow us to take payment after our acceptance of your Order. When you place an Order for Products via the Site, your Order constitutes an offer to purchase goods from us which will become binding after our acceptance as detailed below. Where you Order more than one item, your Order comprises a series of offers for each item individually. In cases where we find a lack of correctness in our verification of your details relating your mean of payment, the purchase process can by delayed, suspended or interrupted.
- After placing an Order with us, you will access an order confirmation webpage and receive an Order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the Order which you have submitted to the Site. Please take care when placing your Order. You will be able to cancel or amend your Order free of charge after we send the Order Confirmations of the Order within 1 (one) week before the start of the Event (October 13th, 2019) by contacting our Customer Service at [email protected]
- The Order Confirmations contain details of the Products you have ordered. Once your Order has been confirmed by us, we will send you a Purchase Confirmation (“Purchase Confirmation“) by email. The invoice will be emailed at the email address you have indicated along the registration process within 7 days from the reception of the payment and it constitutes the VAT receipt for your Products. You should print off a copy of the invoice email together with a copy of these Terms of Sale and keep them safe. You will need to refer to these details when contacting us about your Order.
- The contract between you and us, which shall incorporate these Terms of Sale and all further information to be provided in accordance with the law, will be formed only when we issue the Purchase Confirmation to you. The contract will relate only to those Products which we have confirmed in the Purchase Confirmation. We will not be obliged to supply any other Products which may have been part of your Order.
Although we hope to be able to supply all Products ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before the relevant Products have been confirmed. Should we refuse your order we will notify you as soon as reasonably possible.
- We will take payment online from your Paypal or bank account within 7 (seven) days from the Purchase Confirmation. We will contact you if we have any problem taking payment with mean of payment you provided during the order process.
- All prices shown on the Site are inclusive of VAT and other applicable taxes.
- Except where otherwise set out in these Terms of Sale, the price payable by you for the Products is the price given by the Site at the time you place your Order.
- If as per our communication, you are a user which according to the regulation of the Event will attend the Event free of charge, you will follow the same purchase process described above but you will not be required to pay any amount.
- Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If, before our acceptation, we discover an error in the price of the Products you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your Order at the correct price or cancelling your Order.
- If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you by email.
- Delivery of all Goods will take place at the Organization Office at the location where the Event takes place. We will not send any Good by courier, email or other way different by the delivery at the place of the Event.
- For all enquires please Contact us via https://iwf.iamekarting.com/contact/.
- once the Goods have been delivered to you and you have taken the physical possession of the Goods, you become the owner of those Goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction without prejudice of your right of withdrawal under Part D of these Terms of Sale.
- On delivery of the Goods you will be required to check the condition of the packaging and whether the correct number of packages has been delivered. You must let us know about any damaged, missing and/or incorrect Goods in accordance with the Warranty Policy under Part E of the present Terms of Sale.
PART C – RIGHT OF WITHDRAWAL
In accordance with the applicable law, and only if you are a consumer (meaning: any natural person who is acting for purposes which are outside his trade, business, craft or profession) and you are not satisfied with your purchase of Goods relating t-shirts, caps or other piece or clothing or the tokens for drink or food, you can communicate us your intention to withdraw from your purchase by using our online form, by phone, email, or making any other unequivocal statement, within 14 (fourteen) days from the day of receipt of the Goods.
In accordance with article L221-28 of the French Consumer Code, no right of withdrawal right is granted to you in relation to the Service. If you purchase the Service you are fully aware that you will have no withdrawal right in relation to their purchase.
The purchase of the certain Goods, such as official phase race tires, are required to participate to the Event. If you decide to cancel you Order in relation to such Goods, you will not be able to participate.
If you use our online form we will send you a receipt of your communication on a tangible medium.
In case of withdrawal:
- you shall send us back the Goods at the following address Victory Concept 43 rue Clément Ader, 77230 Dammartin En Goele; French, not later than 14 (fourteen) days from the day on which you communicated us your decision to withdraw from the purchase contract. The deadline shall be met if you send back the Good before the period of 14 (fourteen) days expired. You shall only bear the direct cost of returning the Good;
- within 14 (fourteen) days from the receipt of above communication, provided that we have received the Goods, we will restitute the amount paid by you as consideration for the purchase of the Good. We will use the same mean of payment you used for the initial transaction. You will not have to bear any cost for above reimbursement.
Additional fees may be charged for Goods which have suffered a depreciation resulting from manipulations (i.e. products that are no longer saleable).
PART D – LEGAL WARRANTIES
WARRANTY FOR LACK OF CONFORMITY
Pursuant to articles L217-4 et seq of the French Consumer Code, if the Goods delivered to you are not in conformity with the purchase contract and with the quality requirements provided under our Site you will be entitled within 2 (two) years as from delivery of the Goods to choose between repairing or replacing the Goods, unless this choice incurs disproportionate costs as provided for in Article L211-9 of the Consumer Code or ask us a refund only if the reparation or replacement are impossible. ; Defects of conformity which appear within 24 months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
To exercise above right, you are required to inform us of the lack of conformity within a period of 2 (two) years from the date on which you detected such lack of conformity. With reference to race tires, you will have the right to request the immediate replacement before the Event as long as they are packed with their original special packaging material and have not been mounted and inflated nor used.
WARRANTY AGAINST HIDDEN DEFECTS
You may decide to invoke the warranty against hidden defects of the Goods sold within a period of 2 (two) years from the date on which you detected such lack of conformity as defined in Article 1641 of the Civil Code.
In this case, pursuant to Article 1644 of the Civil Code, you may choose between cancelling the sale or reducing the sale price.
Nothing in this warranties provision shall be deemed to exclude or limit the liability of Victory Concept . for (a) death or personal injury caused by the negligence of Victory Concept.; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded under applicable law.
You are required to provide the following data in case of request of replacement of the Goods for lack of conformity or hidden defects warranty:
- Your complete name, current return address, telephone number and email address.
- A brief description of the problem or service you are requesting.
- A copy of your dated receipt.
For general information on your Good, please contact the Consumer Warranty/Repair Center:
Call us on +33 0160540618 [Monday – Friday 9:00am – 17:30 pm]
Email us on [email protected]
A service representative will be happy to assist you in identifying your Good and determine the best course of action for your warranty/repair claim.
PART E – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
- Your guarantees, representations and liability
- If you purchase the Services, you guarantee to have all necessary requirements, license, authorization or permission to attend to the Event.
- You guarantee that all information you provide onto the Site are true and accurate.
- You will fully accept and respect all regulations and policies of the Event such as, without limitation, the prescriptions provided by the Karting Governing Bodies (Federations) involved in the Event and any additional instruction provides by the Event organizer
- You are fully aware that the organizer of the Event is Victory Concept 43 rue Clément Ader 77230 Dammartin En Goele and is not responsible for any delay, postponement or cancellation of the Event (save for any refund of the price where provided by the organizer) as well as for any problem, issue, damages or claim related, connected, deriving from your participation (or not participation) to the Event.
- You guarantee you are at least 18 years old and that you are fully entitled to purchase the Products.
- You will fully indemnify us for any damages, claim or consequences deriving to us for your breach of the obligations, representations and guarantees under this paragraph “Your guarantees, representations and liability”.
- Events Beyond Our Reasonable Control
- Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
- Governing Law
- This agreement is governed and shall be construed in accordance with French law without prejudice to your rights under law which cannot be otherwise excluded.
- If you are a consumer, the Court of your place of residence or domicile shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation. If you are a not consumer, the Court of Milan shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.
- If you are a consumer you have the right to turn to a mediator to solve a dispute under the execution of these Terms of sale. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is FEVAD. 60 rue la Boétie, Paris 75008, France (please see https://www.fevad.com/rejoignez-fevad-profitez-de-lensemble-avantages-reserves-a-nos-adherents/:
- If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.
- We are not obliged to participate in online dispute resolution.
(Version Juin 2022)