General Terms & Conditions of Sale and Use
1. Preliminary notes
This translated document is supplied as a guide only. Only the French version has any legal value and shall prevail in any case.
a) Legal notices and intent
This website is the personal property of Nicolas Koenig. It is edited and hosted by DriftShop SARL, a company with a capital of 4000 €, registered at the Mulhouse Trade and Companies Register under number B49847830400021, and whose head office is situated at 5A Rue de la Mine, 68500 Berrwiller, France. Intra-Community VAT No: FR86498478304.
This website has been declared to the French Data Protection Authority (CNIL) under number 1485744. Any website user has free access to it. Its objective is the online sale of car racing parts of which a large proportion is not approved for use on the road.
The publishing director and editing manager of the website is Nicolas Koenig.
b) Acceptance of the general conditions
Engaging in a contract governed by these general conditions with the website editor assumes acceptance, by the website user, of these general conditions. The website user recognises being fully aware of these general conditions by the same fact. This acceptance will consist of the act, by the website user, of ticking the box corresponding to the following sentence: « I accept the general conditions of sale ».
The fact of ticking the box will be reputed as having the same value as a handwritten signature on the part of the website user and is permanent. The website user has the possibility to uncheck the box directly on his customer account, and recognises as value of proof the automatic registering systems of the website editor and, except where he or she is able to bring contrary proof, renounces any contest in case of dispute.
Acceptance of these general conditions assumes by the part of website users that they enjoy the judicial capacity necessary for this, or by default that they have permission of a guardian or beneficiary if they are incapable of legal representation if they are minors, or even if they are holders of a mandate if they are acting on behalf of someone. These conditions equally apply for any long-distance order placed by telephone, and are deemed to have been read and fully accepted in this case.
2. Provisions for the approval of products
The items offered on this website are not necessarily approved for use on the road. It is up to the user to enquire with the authorities if the items are suitable for use on their vehicle on the road according to their specific situation. In such a case, the user recognises that it is forbidden to affix an item to a vehicle that is approved for use on public roads. Similarly, the user recognises that in such a case, his or her insurance will not be obliged to uphold all the guarantees that he or she is paying for.
The user absolves the website editor from all responsibility in this regard, notably with regards to the use of items not approved for use on public roads and expressly recognises that he or she is fully aware of this non-approved nature. As soon as a vehicle is equipped with products and accessories sold on this website that make it non-approved, it will no longer be approved for use on public roads and it must therefore only be driven on circuits and private roads.
b) Vehicle guarantee
The editor does not guarantee that the mounting of items and products sold on this website, even though they are approved and even if they would be mounted on a vehicle which itself is approved, would not be liable to lose the purchaser the benefit of the car manufacturer’s original guarantee. It is up to the user to enquire about his or her guarantee in such a scenario.
3. Method of placing orders and description of purchasing process
The availability of products is indicated on the website, in each article’s fact sheet.
In order to place an order, website users can select one or several items and add them to their basket. When their order is complete, they can have access to their basket by clicking on the button dedicated to this effect.
When viewing their basket, website users have the ability to check the quantity as well as the nature of the items that they have chosen and can check their unit price as well as the total price of the order. They have the possibility to remove one or several items from their basket.
If they are satisfied with their order and they wish to validate it, website users can click can click on the “Place Order” button. They will then access a form in which they can either enter their login details if they already have created them, or register on the website by completing the form which is presented to them, with their relevant personal information.
Once they are connected or after they have completed the form, clients will be invited to verify or modify their delivery and invoicing details, then will be invited to make a payment by being redirected to the secure payment interface of the Crédit Mutuel bank (Credit Card via Paybox), PayPal or bank transfer.
Once the payment has effectively been received by the site editor, he will confirm receipt immediately to the client electronically. Similarly and within the same timeframe, the editor will send an electronic mail summary of the order, confirming the details, and documenting all the information concerning order, products ordered and delivery.
The prices indicated on the website are expressed in Euros, all taxes included, excluding delivery fees. These prices can be modified at any time by the editor; the prices displayed are only valid on the day of the order and are not valid for the future. DriftShop reserves the right to cancel any order which has made use of an invalid discount coupon or promotional code.
The delivery fees will be indicated to the client before any payment and are only applicable for deliveries effected in Metropolitan France, including Corsica and the mainland of the European Union.
French VAT idzero-rated for sales outside of the customs territory of the European Union, according to article 262 ter-1 of the General Tax Code (for example: Switzerland, United Stated of America, Canada, French overseas departments and territories...).
The client is informed that customs duties and other taxes will possibly be required by the delivery country’s authorities. The formalities necessary and the said payments, duties and taxes are not at the editor’s charge and will be, under all circumstances, at the client’s charge. It is therefore incumbent on the client to check all this information as well as the possibilities of importing the product with the relevant authorities of the country, department or or territory of delivery, before each order.
5. Reservation of ownership clause
The products sold remain the property of the seller until complete payment of the price, in accordance with this reservation of ownership clause. The risks are transferred to the buyer effective from delivery.
6. Information regarding payment
Website users can place orders on this website and make a payment via credit card, bank transfer or PayPal.
Payments by credit card is done through secure transactions provided by the Crédit Mutuel (via Paybox). With regards to payments by credit card, the website editor does not have access to any information regarding the user's methods of payment. Payment is made directly to the banking establishment.
In cases of payment by bank transfer, the delivery period as defined in the article below will only begin from the effective receipt of payment by the editor, the latter being able to provide proof of it by any means.
For professional clients only, any delay in payment will result in a lump sum compensation recovery fee of 40 € not subject to VAT, as per articles L 441-3 and L 441-6 of the Commercial Code. This recovery fee is added to the usual late penalty and is legally due for outstanding payments whose delays have begun after 1 January 2013.
Orders are delivered by Post, DPD, UPS, DHL, GLS or any other transporter designated during the order, within a timeframe of five working days beginning from the full receipt of the order price by the seller. Parcels destined to DOM/TOM are systematically expedited using Colissimo.
Certain products or certain order volumes can nevertheless justify a longer delivery time; this will be expressly mentioned to the client during the validation of the order. Orders that are validated before midday (12h00) on day N, are expedited on day N. Orders that are validated after midday (12h00) are expedited on day N+1.
These delivery lead-times are valid only for Metropolitan France. For any other destination, notably outside the European Union, order preparation times can take up to 3 working days.
Delivery times outside of Metropolitan France, and more specifically outside of the European Union, can be significantly extended by customs services and transporters of the destinations concerned, which can, in certain cases, contact the client beforehand regarding the formalities. The client cannot claim for any delivery delay in such a scenario, and cannot be indemnified or cancel his or her order under these circumstances.
For products which are custom-made at the request of the client, DriftShop does not guarantee normal delivery timeframes in any situation as they are indicated for information purposes by the manufacturers. Manufacturing and delivery lead-times of custom-made products vary. The client cannot claim for delivery delays with regards to an order of custom-made product(s), and cannot be indemnified or cancel his or her order under these circumstances.
b) Error in delivery and visible defect
The client agrees to check that the product conforms to the order during the delivery. Any error in delivery with regards to the order or visible defect will be subject to a claim within three days from the day of delivery. After this time, the product will be considered as having been received in good condition by the client, who will not be able to claim for an error in delivery or visible defect.
c) Damage or partial loss
In cases of delivery of a parcel that is evidently and visibly damaged, it is up to the client to refuse the delivery in order to benefit from the guarantee offered by the transporter. The client must inform the seller without delay, so that a new parcel is prepared for him or her and then sent by return. In such a case, the delivery times indicated in the general conditions will no longer be applicable.
Similarly, the client must refuse any incomplete parcel or one having damaged items. In fact, in accordance with article L 133-3 of the Code of Commerce, accepting transported items indemnifies any action against the transporter for damage or partial loss if the receiver has not notified the transporter, by registered letter, of his or her justified claim within the three days, not including public holidays, following this receipt. Failure to complete this formality can result in the the client not being indemnified.
8. Provisions related to the rights of the consumer
a) Customer services
Customer services of the website is available from Monday to Friday 10h -12h CET and 14h-18h CET at the following toll free telephone number: +33 185 086 186, by electronic mail at email address: [email protected] or by post at the following address: DriftShop, 5A Rue de la Mine, 68500 Berrwiller, France. In the latter two cases, the editor agrees to respond within one working day.
b) Right of cancellation
In accordance with the current legislation, consumers have a timeframe of 14 days from the date of receipt of a parcel to request exchange or reimbursement. In order to exercise this right, it is up to them to make contact with DriftShop by email, via our contact form, or by telephone, in order to understand the conditions. DriftShop agrees to give a reimbursement within 2 working days upon receipt and verification of the material (a discount can be applied if the product is not returned in a reasonable state for return to stock).
For information purposes, the average manufacturing or delivery timeframe can be mentioned in the descriptions of the products concerned. These timeframes are not contractual and can vary: it is best to contact DriftShop before placing your order of personalised products to confirm the exact lead-times. Any return must be sent back fully (including packing, notices, accessories, copy of the invoice) and the products returned must be in perfect resalable condition: they must therefore neither be dirty, damaged or show signs of use.
For products which are not "in stock", a delivery time in days or in weeks is indicated on the product sheet. In this case, and only in this case, the client order is eligible to be placed with a supplier to fulfil the order. DriftShop reserves the right not to accept the return of products that are specially ordered for a client.
Any return or exchange of an order must be submitted for acceptance beforehand by DriftShop. The client must make contact with DriftShop’s customer service in order to obtain agreement for the return and instructions, if required, as well as the return address. Parcels returned without agreement may be refused.
Fibre bodywork component items (bodywork kits, bonnets, fenders, etc.) are manufactured to order and are not taken back, or exchanged.
In accordance with the dispositions of article L121-20-2 of the Consumer Act, consumers cannot, under any circumstances, claim any right of cancellation for orders or personalised products, custom-made, made-to-order, according to their specifications, used (second-hand) items, date approved and security products (e.g. FIA date approved items, helmets, belts, harnesses, seats, bolts, extinguishers, wheel spacers, and so on). Due to their extreme technical specificity, tires and rims are considered as personalised products and do not have the right of cancellation. Tires and rims will not be taken back, or exchanged.
Any delay of more than seven days can cause a cancellation of sale at the initiative of the consumer, upon simple written request from his or her side, sent by registered letter, return receipt requested. The client will then be reimbursed with the amount spent on the order. This clause does not apply if the delivery delay is due to a case of force majeure, beyond the control of the editor, for example: damage to the transporter, customs delays. In such cases, the client agrees not to pursue action against the site and its editor and renounces any claims for the resolution of the previewed sale of this item.
9. Guarantee of products purchased on this website
In cases of malfunction or defects of a product purchased on this website, in accordance with the Civil Code provisions, clients have a legal guarantee for hidden defects for a period of two years from the date of discovery of the defect to request exchange or reimbursement, and, in application of article L211-5 of the Consumer Act, they have a timeframe of two years from the receipt of the said product to request an exchange or reimbursement, in a case where the goods delivered are not in conformity, as per the article. In order to exercise one of these rights, it is up to the clients to approach Customer Services or the editor and to demonstrate proof of the defect or non-conformance.
A hidden defect being a defect of the object which, under normal conditions of use, makes it unsuitable for its intended use and the obligation of compliance being understood as the delivery of the contractually agreed object, the editor of this site is not specifically responsible for its improper installation, of normal wear and tear of the products, of its poor treatment, of accidental damage or damage resulting from abnormal usage of the products.
Warranties apply only for items installed by a motorsport professional. DriftShop can not be held responsible for the consequences related to the improper assembly and fitting of the items purchased by the customer (for example, the costs of labour, damage to devices and other additional costs are excluded from coverage).
10. Personal space/account
a) Creation of personal space/account
The creation of a personal space is a prerequisite necessary for every order placed on this website by a website user. To this end, the member will be asked to provide a certain items of personal information. The member agrees to provide the correct information under penalty of cancellation of the contract at the decision of the editor and deletion of the client’s account.
Certain information is considered essential to complete the contract, the creation of the personal space and to validate the conclusion of the contract. The refusal by a member to provide the said information will prevent the creation of the personal space as well as the validation of the order.
b) Functioning of the personal space
This space enables the client or member to consult all their orders placed on the website, and also allows them, if applicable, to track their delivery of goods purchased.
If the information contained in the personal space area has disappeared due to unforeseen circumstances, a technical fault or a case of force majeure, the website editor cannot be held responsible, as this information has no probative value, being only of an informational nature. The editor agrees, however, to store all the contractual elements in a secure manner, as per the requirements of the laws or regulations in force.
The editor reserves the exclusive right to delete the account of any member who has contravened these general conditions (specifically but this example is not exhaustive, when the member has knowingly provided erroneous information during the registration and creation of his or her personal space). The said removal will not be subject to constitute damage for the member, who can claim no indemnity whatsoever.
This exclusion does not exclude the possibility, for the editor, to initiate a court order and prosecution against the member, when the facts are justified.
During the creation of a personal space, a password will be given to the user who will be able to modify it immediately. This password constitutes a guarantee of the privacy of information contained in the "My Account" area and the user is therefore forbidden to send or communicate it to a third party. By default, the website will not be held responsible for unauthorised access to a user’s account.
11. Editor's newsletter
By ticking the box to intended to this effect or by expressly giving their agreement to this end, members accept that the editor may send them a newsletter (information letter) with information regarding his activities at a frequency and in a form that he will determine.
When the user ticks the box to this effect, he or she accepts to receive commercial offers from the website editor for similar products and services to those ordered by the user.
Subscribed members have the ability to unsubscribe to the newsletter by clicking on the link provided to this effect, which is present in each newsletter (information letter).
12. Notes regarding the Data Protection Act of 6 January 1978
a) General – Final – Duration
Website users have the freedom of providing personal information regarding themselves. The provision of personal information is not necessary for browsing of this website. However, registration on this website assumes the collection, by the editor, of a certain amount of personal information regarding website users. Website users not wishing to provide information necessary to the creation of a personal space will not be able to place an order on this website.
The information collected is necessary to the proper administration for the services offered on this website as well as the contractual obligations of the editor. This information is kept by the editor for this express purpose, and the editor agrees not to use it in any other manner, or to send it to a third party, except with the express consent of the user or upon request of legal authorities.
The details of all users registered on this website are safeguarded for a duration of one year, which is considered a reasonable time period necessary for the proper administration of the site and normal use of information. This information is kept under secure conditions, according to current technical norms, run accordance with the provisions of the French Data Protection Act of 6 January 1978.
b) Right to access, rectification and opposition
In accordance with the latter, users have a right of opposition, interrogation, access and rectification of information that they have provided. To this end, they may send a request to the website editor, by sending it to the following email address: [email protected], or even by post to the editor’s office mentioned above in these general conditions.
The personal information collected are subject to computer processing and are exclusively reserved for the site editor.
The data manager is Nicolas Koenig, whose details are indicated above these general conditions.
The personal information collected will not be sent overseas.
Declarant number: 1485744
c) IP Address
Furthermore, the editor reserves the right to collect the IP addresses (Internet Protocol) published by all website users. The collection of these IP addresses will be done in an anonymous manner, it will be kept for the same duration as the personal information and will only be used for the proper administration of the website and for the services offered on this website. The IP address is a series of numbers separated by dots enabling the unique identification of a computer on the Internet network.
The editor must communicate all personal information related to a website user to the Police (upon judicial request) or to any person (upon court order). Your computer’s IP address may be compared with the identity of the subscriber held by the ISP (Internet Service Provider).
13. Notes regarding the collection of “cookies”
a) General – Final – Duration
In order to enable optimal browsing for all website users on this website as well as better functioning of various interfaces and applications, the editor may proceed with the installation of a cookie on the user’s computer terminal. This cookie enables information concerning browsing the website to be stored (date, page, time), as well any information saved by website users during the course of their visit (searches, login, email, password). These cookies are kept on website user’s terminal for a duration of one month, and can be read and can be used by the editor during a subsequent visit by the website user on this website.
b) Right of opposition of a cookie installation
The user has the possibility to block, modify the duration of conservation, or to delete this cookie via his or her browser’s interface (in general via: tools or options / privacy or confidentiality view). In this case, browsing on this website will not be optimised. If the systematic deactivation of cookies on the website user’s browser prevents certain services or functionalities supplied by the editor from being made available to the user, this dysfunction this will in no way constitute damage for the member who cannot claim any indemnity from this fact.
c) Removal of cookies
Website users also have the possibility of deleting cookies before they appear on their computer, by looking in the menu of their browser to this effect (in general: tools or options / view private or confidential). Such action has no effect on the browsing on this website, but they lose all benefits accorded by these cookies. In this case, they must enter all the information about them again.
You can change your preferences about cookies here.
14. Disclaimer of responsibility of the editor within the framework of the execution of the contract
When the website is inaccessible due to technical problems or for any other reasons, the client cannot claim for any damage and cannot claim any indemnity.
The unavailability, even for prolonged periods and without any limited duration, of one or several products, cannot be constitutive of injury for website users and can not give rise to the award of damages and interests from the site or its editor.
As the products sold on this website are sold in accordance with current legislative and regulatory provisions in France, the editor will not be held responsible for the non-respect of current legislative and regulatory dispositions in other countries.
The editor will not be held liable whatsoever for the non-fulfilment of the contract due directly or indirectly to reasons of force majeure as defined by the jurisdictions of French law.
As the products being sold are unfitted, the client agrees that he or she will be responsible for the installation which will be done at his or her cost and by a professional race car expert.
The editor will not respond to any case of product failure and dysfunction attributable to the improper stock or use of material in conditions outside the norms defined by the manufacturers. The editor will also not respond to the consequences which could result from the use of non-approved products on public roads.
Similarly, the editor will not respond to any product failures initiated by the client or a third party (ex: improper fitting of the product, non-approved use of products etc.).
The client acknowledges having been informed that the website editor is not the manufacturer of the products sold and that he is indemnified from all responsibility in terms of the guarantee of product defects. Consequently, it is up to to the client, in a situation where damage caused to people or goods due to defect products, to seek out the liability of the manufacturer of the incriminating product in question whose details will be indicated on the product’s packaging material or, if need be, provided upon simple request by the client in accordance with article 1386-7 of the Civil Code.
The visual representations of products published on this website, are guaranteed by the editor as being perfectly true to reality, in order to satisfy his obligation to provide perfect information. In some cases, the rendering of these representations, especially regarding colours or form can significantly vary from one device screen to the next or differ from reality according to the quality of the screen’s graphical accessories or according to the display resolution. These variations and differences and shall in no case be attributed to the editor who will not be liable for this fact.
The hypertext links present on this website can lead to other websites and the website editor will not be held liable if the content of these sites contravene the current legislations. Similarly the editor or this website editor shall never be held liable if any visit by a website user from one of these linked sites incurs him or her any damage.
15. Intellectual property rights regarding elements published on this website
All elements comprising this website belong to the editor and are thus protected by the legislation related to intellectual property.
Website users recognise therefore that, without authorisation, any total or partial copy and any redistribution or use from one or several of these elements, even modified, will be subject to legal action taken against them by the editor or a person acting on his behalf.
This protection covers all texts and graphic content of the site, but also its structure, name, logo and corporate identity.
16. Modification of general conditions
These general conditions can be changed at any time by the site editor or his proxy. The general conditions applicable to the user are those that are currently in place on the day of his or her order or connection on this website. The editor agrees to keep all these previous general conditions and to send them to any user who requests them.
17. Applicable law and relevant jurisdictions
These general conditions are subject to application of French law and exclusively, French jurisdictions. The original language of the contract is French.
18. Amicable settlement of payment disputes
Apart from public policy provisions, any disputes which could impede the execution of these general conditions could, before any legal action, be submitted to the site editor in view of an amicable payment settlement. One is expressly reminded that amicable requests for payment do not suspend the time limits for instituting legal proceedings.
If one of the clauses of these general conditions has been declared void by a court of justice, this invalidity can not entail the invalidity of all other clauses, which continue to have their effect
For the editor, the fact of not being indemnified temporarily or permanently to one or several clauses of these general conditions, shall under no circumstances waiver the rest of the general conditions.
21. Special provisions for professional buyers
As per the current European legislation, orders between professionals are final and binding. The right of withdrawal is reserved for individual consumer clients, and orders between professionals cannot, under any circumstances, be cancelled, reimbursed, exchanged or returned (except in cases of obvious defect on products delivered, exchange under guarantee, or by prior agreement with DriftShop).