ARTICLE 1 - SCOPE
These terms and conditions (hereinafter the "Terms of Sales") are intended to define the terms and conditions applicable to all products offered for sale by the company AVS Racing, simplified joint-stock company with capital of 10,000 euros headquartered: route départementale 562, le plan Oriental 83440 Montauroux, registered with the Trade and Companies Register under number: 8092630197 RCS
These products (hereinafter the "Product (s)") are material goods purchased directly by AVS Racing Customers from the Company's sales representatives or from the Website published by the Company.
The Customer adheres without reserve or restrictions to these Terms and Conditions when purchasing one of the Products and waives the right to use any terms and conditions of purchase or otherwise. The Terms of Sales are part of all contracts with AVS Racing. AVS Racing reserves the right to modify them at any time. The applicable Terms of Sales are those in force at the time of the order.
They are accessible and permanently available on the Website: www.avs-racing.com.
ARTICLE 2 - PRICE, PROOF OF TRANSACTION AND INVOICING
The prices of the Products appearing on the Company's catalog and, if applicable, on the Site are indicated in euros. The applicable VAT rate is the rate in effect on the day of the order.
AVS Racing reserves the right to modify the prices of its Products at any time, provided that the price applicable to the Customer will be the price displayed on the day of purchase.
2.1 Payment of the price
2.1.1 Order from customer service
All our products are payable by credit card, check or bank transfer, receipt of invoice or order for account openings, and without discount unless prior agreement and / or special conditions on the invoice or made in writing to Customer when opening an account. The stipulated deadlines are de rigueur and the failure to pay a single due date on its date and for its amount allows AVS Racing to demand all of its due, without prior notice, and this without prejudice to damages potential.
Any amount not paid at maturity automatically bears interest at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In this case, the rate applicable during the first half of the year concerned is the rate in effect on 1 January of the year in question. For the second half of the year concerned, it is the rate in effect on July 1 of the year in question.
Late payment penalties are due without the need for a reminder.
When the credit of the Customer deteriorates, we reserve the right, even after partial shipment of an order, to require the said Customer guarantees that we deem appropriate for the proper performance of commitments made. The refusal to comply gives us the right to cancel all or part of the contract.
2.1.2 Ordering by the Site:
The Site offers Customers to pay their orders only by credit card (Carte Bleue, VISA Card, MASTERCARD Card, EUROCARD Card) or Paypal. The Customer will pay all of his purchases to the order.
AVS Racing guarantees the security of online transactions. All your personal information is fully protected and encrypted before transmission to our order processing center.
2.2 Proof of the transaction
The validation of the order and the payment of the price of the Product by the Customer constitute the proof of the commitment of the latter vis-à-vis AVS Racing.
The transactions made from the Site will be recorded on the AVS Racing servers which will keep track of all transactions with its Customers.
Any complaint relating to the Product, its order or its payment will be addressed as appropriate to AVS Racing or the third party in charge of the payment system.
At the end of the purchase, AVS Racing will send by email or any other means to the Customer an invoice corresponding to the price of the Products purchased from AVS Racing.
AVS Racing does not practice a discount in case of cash payment of the order by the Customer.
ARTICLE 3 - DELIVERY
Our delivery times are given as an indication. In no case may a delay in delivery give rise to any damages or interest. All events of force majeure exonerate us from any responsibility. We reserve the right to extend the period of performance of the contract for a period equal to that during which the case of force majeure lasted. Similarly, if these facts may compromise the execution of the order in the manner provided, we reserve the right to terminate the contract without commitment or liability on our part.
Any delay in delivery does not entitle the Customer to cancel the order or to claim damages or compensation from us.
Products always travel at the expense, risk and peril of the recipient. In the event of late delivery, loss, lack or damage of goods, it is up to the Customer to appeal against the carrier alone, without his being authorized to return merchandise, decrease, cancel or delay payment of stipulated prices.
ARTICLE 4 - COMPUTERS AND FREEDOMS
Declaration to the CNIL
In accordance with the provisions of the law n ° 78-17 of January 6th, 1978 modified by the law n ° 2004-801 of August 6th, 2004 relating to the computing, the files and the liberties, AVS Racing proceeded with the National Commission of Informatique et des Libertés (CNIL), under n ° 1687021 v0, to the prior declaration of the processing it operates on the personal data concerning you, in accordance with the simplified standard n ° 48 (CNIL resolution n ° 2005-112 of 7 June 2005 on the creation of a simplified standard for automated processing of personal data relating to the management of customer and prospect files - OJ No. 149 of 28 June 2005).
The data controller responsible for you is AVS Racing. In accordance with the provisions of the simplified standard n ° 48, only AVS Racing employees and service providers have access to your personal data, whose task is to operate the Website or to sell the Products.
The data indicated as mandatory in the order form require an exact answer from you. Any lack of response or any response deemed abnormal by AVS Racing is likely to cause the refusal of AVS Racing to take into account your order.
Purpose of the treatment
In accordance with the provisions of the simplified standard n ° 48, the data collected by AVS Racing is mainly intended to allow AVS Racing to send you the Product purchased via the Website www.avs-racing.com.
Transmission of data to a third party
In accordance with the provisions of the simplified standard n ° 48, AVS Racing reserves the right to transmit all or part of your personal data for the benefit of its contractual partners, in order to ensure the transfer of the Product. Any use of your personal data other than that indicated above must be the subject of an individual, prior and explicit consent from you.
Right of access, rectification, opposition
Pursuant to Law No. 78-17 of 6 January 1978, you have the right to oppose, free of charge and free of charge, that the personal data concerning you are used for the purpose of prospecting, in particular commercial, by AVS Racing or by its trading partners. If your right of opposition is exercised for this reason directly from AVS Racing, the latter agrees to pass on your opposition to its contractual partners to which it may have transmitted your personal data.
In accordance with the law n ° 78-17 of January 6th, 1978, AVS Racing undertakes that the personal data concerning you, even those transmitted to possible commercial partners, are not transmitted outside the European Union, except to obtain prior express consent to this effect.
In accordance with the law n ° 78-17 of January 6th, 1978, AVS Racing reserves the right to transmit the personal data concerning you and that you have provided to him, either to respect a legal obligation, or in application of a judicial decision, administration, or an independent administrative authority (such as the National Commission for Informatics and Freedoms).
In the event of payment by credit card of the Products purchased, the bank details (credit card number, validity date, security pictogram, etc.) required to pay the price of the purchased Product are not collected, nor kept by AVS Racing, but only by the provider of the online payment module.
ARTICLE 5 - CLAIM - AMENDMENT
No complaint will be admissible if it is not formulated in registered writing, within 48 hours of the reception of the goods. Returns without a reasoned written notice, not free and without the written consent of the seller will be refused.
Any modification or resolution of the order requested by the buyer can only be taken into consideration if it has been received in writing before the items are shipped. If we do not accept the modification or the resolution, the down payments will not be returned.
The transfer of ownership of the purchased Products will only take place after full payment of all sums due in principal and accessories. The Products remain the property of AVS Racing as long as the Customer has not paid the full amount due, even if the Products have been worked.
Down payments may be retained to cover potential losses from resale.
ARTICLE 6 - APPLICABLE LAW - COMPETENT COURTS
These Terms and all documents or acts resulting therefrom are exclusively governed by French law. Any dispute relating to their validity, interpretation or execution will be subject to the exclusive jurisdiction of the Courts of Aix en Provence.
In the event that one or more stipulations herein are or become null, illegal or unenforceable in any way, the validity, legality or application of the other stipulations herein shall in no way be affected or affected.